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Terms & Conditions

 

In these terms:

a. Auction: refers to the public auction of movable property;

b. Lot: refers to a movable property item or a group of items auctioned;

c. Principal: refers to the person who entrusts the auction item to HHA for auction;

d. Bottom price: refers to the lowest price agreed upon between HHA and the client at which the auctioneer can sell the auction item;

e. Receipt: A form that confirms receipt of one or more batches of goods.

 

Article 1:

The principal authorizes HHA to sell the item through auction in accordance with these terms. HHA shall make every effort to sell the item at an appropriate auction and represent the principal to sell the item to the highest bidder in the auction, unless the bid is lower than the reserve price agreed upon between HHA and the principal.

 

Article 2:

The principal declares that he has full authority to dispose of the lot, and if HHA is required to hand over the lot to a third party with priority, he will fully compensate HHA. The principal shall be fully responsible to HHA for any loss or damage caused by inconsistent, inaccurate, incomplete or defective information provided by the principal to HHA regarding the source, condition and quality of the auction items, as well as any expenses incurred as a result.

 

Article 3:

HHA has the right to decide whether, when, and at which auction to sell the lot. HHA has the right to provide auction item information as it deems appropriate and distribute its images in the public domain.

 

Article 4:

If the auctioneer believes that the highest bid is too low, HHA has the right to decide not to sell an item at the auction. HHA has the right to sell the item at an auction at a price lower than the reserve price, provided that HHA pays the difference between the hammer price and the reserve price. If there is an unsold item in the auction, HHA has the right to sell the item through a private treaty after the auction or in a subsequent auction, subject to the conditions agreed upon by HHA and the principal.

 

Article 5

If it does not comply with the provisions of Article 4, the principal has the right to withdraw unsold items from the auction after compensating HHA for the expenses incurred and obtaining mutual agreement. If the principal withdraws the auction item after the final commission date of the scheduled auction, the principal shall compensate HHA for the loss of commission and premium, and compensate HHA for the expenses incurred and agreed upon by both parties.

 

Article 6

The principal irrevocably authorizes HHA to allow the buyer of the sold item to request cancellation of the auction and refund of the purchase price if the buyer proves to HHA within seven (7) days from the date of the auction that the item is defective or its description is seriously incorrect. If buyers knew this during the auction, they would not have purchased the lot and would not have paid a lower price. The principal irrevocably authorizes HHA to request cancellation of the sale and to withdraw the auction item in the event that the buyer fails to fulfill their payment obligations arising from the sale. If the sale is cancelled in accordance with this provision, the plot shall be deemed unsold and the principal shall immediately repay HHA any amount paid to the principal.

 

Article 7

The principal has the right to receive the proceeds from the sale of the lot, but the following amount must be deducted: commission: For painting, sketching, watercolor, printmaking, and sculpture, a commission of 10% should be paid to HHA. The commission payable to HHA for all other projects is 15%. The minimum commission for each batch is 100 euros. Illustration fee: The following fees should be charged for inserting auction item photos into the auction catalog: 50 euros for quarter page photos, 150 euros for half page photos, and 250 euros for full page photos. Transportation fees: HHA shall charge the shipper the transportation fees charged by the carrier. Insurance premium: In order to pay for the insurance premium for lot loss or damage, HHA should charge a standard markup of 1% based on the higher hammer price or lower valuation. The insurance policy should only cover items located in the auction house or HHA storage room, and the maximum coverage should be the amount calculated for markup. HHA is not responsible for any loss or damage to the photo frame. Handling fee: HHA should charge a handling fee for each invoice. Other fees: Other fees can only be charged with the explicit consent of HHA and the shipper. Taxes and Fees: HHA is required to levy value-added tax on commissions and costs and expenses charged to shippers, excluding insurance premiums. Resale royalty fees: HHA shall use its best knowledge and ability to determine any resale royalty fees related to the lot being sold and collect them from the buyer as part of the purchase price. Any additional risk of reselling royalties shall be borne by the shipper.

 

Article 8

The legal relationship between the The principal and HHA shall be governed by Dutch law. If there is a conflict or inconsistency between the Dutch language version and any translation of these terms, the Dutch language version shall prevail.

 

Charge & Taxes

 

The seller (‘principal’) will charge a commission calculated as follows: 10% of the transaction price for painting, sketching, watercolor painting, graphic art, and sculpture. All other items: 15% of the hammer price. The minimum commission per lot is 100 euros. Other fees and taxes may apply: please refer to our seller terms and conditions.