Filed with the Registry of the Chamber of Commerce
1. These terms and conditions use the following designations in the meanings defined below:
|Auctioneers:||Van Dieten Postzegelveilingen B.V., Chamber of Commerce 53202872|
|Seller:||degene die een inzending heeft ingebracht ter verkoop|
|Buyer:||degene aan wie ter veiling de kavel is toegewezen|
|Auction:||any public sale held by or for the auctioneers.|
|Inzendvoorwaarden:||de inzendvoorwaarden zoals beschreven op deze pagina|
2. The auctioneers shall have no obligations to buyer and seller beyond those outlined in the present general terms and conditions.
3. The costs and fees named in these general terms and conditions are inclusive of 21% VAT.
1. Buyer shall be deemed to buy for himself and can at no time plead the existence of a principal as an excuse to seller and/or the auctioneers.
2. All sales shall be made for cash, with a 23% mark-up and a unit charge of € 2.00 inclusive 21% VAT for every lot purchased. Purchased lots shall be released only after payment. After every session buyers may collect their purchases on immediate payment. If immediate payment has not been made, buyer shall be sent a bill, payment for which is to be received by the auctioneers within ten days. So long as full payment has not been made, the lots shall remain seller’s property. Buyer shall be charged for any postage and carriage, and for expenses associated with the mode of payment chosen by him.
3. Buyer and seller may assume that the auctioneers will raise bids after the start as follows:
|€ 10,=||€ 50,=||€ 2,=|
|€ 50,=||€ 100,=||€ 5,=|
|€ 100,=||€ 200,=||€ 10,=|
|€ 200,=||€ 500,=||€ 20,=|
|€ 500,=||€ 1.000,=||€ 50,=|
|€ 1.000,=||€ 2.000,=||€ 100,=|
|€ 2.000,=||€ 5.000,=||€ 200,=|
|€ 5.000,=||€ 10.000,=||€ 500,=|
|€ 10.000,=||and higher||€ 1.000,=|
4. The auctioneers shall execute orders for buyers not attending the auction at no additional charge. In the event of several identical orders being received, the one that was received first shall be executed, with the date and time of the postmark, the fax message or the email message determining the priority. A floor bid shall prevail an equal written bid. Bids in writing and bids by phone, fax or email must have been received by the auctioneers not later than 1 hour before the start of any auction. Bids without a limit shall not be accepted.
5. All lots shall be awarded to the highest bidder, at one bid step above the underbidder.
6. In the event of doubt or difference of opinion among two or more bidders, the auctioneers’ ruling shall be binding and the auctioneers may decide to restart bidding for the lot in question.
7. The auctioneers shall at all times be entitled to consolidate or break up lots, to deviate from the auction number sequence and to withdraw stamps or items up for auction. The auctioneers shall not be liable to either buyer or seller for errors in the descriptions in the auction catalogue, nor can they be held accountable for errors in the facts furnished by sellers or buyers. The printing run figures and further particulars provided are taken from internationally current catalogues and specialist literature and deemed reliable by the auctioneers but without them accepting any liability for their accuracy.
8. All lots shall be sold in the state in which they were exhibited for auction. The auctioneers shall guarantee their genuineness, stamps in collections, odd lots, books etc. being excepted from this guarantee. Statement of plate identities and plate numbers shall be without guarantee. In the unlikely event that a stamp whose genuineness was guaranteed should be pronounced counterfeit by generally recognizes experts, the entire lot shall be taken back at the full selling price within fourteen days from the end of the auction. The fourteen-day period can be extended for stamps that buyer wishes to have examined by experts. In that case, buyer shall notify the auctioneers of such wish within five days of the end of the auction, which notification shall be accompanied with a list of the stamps to be subjected to expert examination. Stamps with signatures or accompanied with certificates issued by established experts or with warranties of bona fide dealers shall be sold as such. If desired, buyer may have such stamps examined by experts immediately after the auction. However, if buyer declared himself satisfied with the signature, the auctioneers shall in no case be required to take back the stamps if after the lapse of some considerable time experts should declare the signature doubtful and a previously passed stamp is rejected after all.
9. The condition of the stamps is always described to the best of our knowledge and ability. Any complaints regarding this description may be lodged within fourteen days after the end of the auction but shall only be investigated if the lots were described as ‘unmounted mint’, ‘fine’, ‘very fine’ or ‘superb’ and contain no more than five stamps, or if the stamp in question is a key denomination in a complete series. In the event of complaints and return of stamps, the stamps being returned must be in the identical condition in which they were sold.
10. If the catalogue states ‘largely unmounted mint’, ‘largely very fine’ or ‘largely superb’, ‘largely’ is to be interpreted as having reference to the greater part of the catalogue value. For perforation, centring and postmark the photo shall be decisive; complaints on these features will be disregarded.
11. If payment has not reached the auctioneers within four weeks of the end of the auction, the auctioneers shall be entitled to receive, and the buyer shall be obliged to pay, interest at the rate of 1.5% per month or part of a month.
In addition, the auctioneers shall have the right to cause the purchased lot or lots to be re-auctioned at buyer’s expense and for his account, with interest and the customary selling commission being charged, in the same way and on the same terms and conditions as set forth herein above, without it being necessary to declare the buyer in default by service of an injunction or similar instrument. Buyer shall therefore be in default by the mere fact of the set term having expired, while all his rights, after he has come to be in default, shall be lost and the re-auction can go ahead without any petition for dissolution of rights having to be made in court. The defaulting buyer shall pay the auctioneers costs, damages and interest charges arising from such re-auction within eight days after statement of such costs, damages and interest charges, while any higher proceeds shall accrue to the auctioneers and any lower proceeds shall be at buyer’s expense.
12. Buyer shall never be able to plead ignorance of the terms and conditions of sale or of locally existing customs.
13. If any dispute should arise between the auctioneers and buyer, only the district court of Roermond shall be competent to settle the dispute. Dutch law shall be applicable in all disputes.
Presentation for auction
1. Items eligible for auction can be in the form of stamp collections, individual stamps, postal items, picture postcards, coins and banknotes and philatelic literature.
2. Barring prior instructions to the contrary, all goods presented to the auctioneers for auction shall be deemed to be for sale without price limit. The auctioneers reserve the right to refuse entries and may at all times decide not to auction the goods. The market value of any entry shall be at least € 250.
3. The auctioneers shall decide when the goods are to be auctioned. In making their decision they shall make the fullest possible allowance for seller’s interests and wishes.
4. The auctioneers shall parcel and catalogue all goods presented for auction at their own discretion. The auctioneers shall have authority, in the event that in their judgment no appropriate bid has been made, not to award a lot and hold it over. In that case, no charge shall be made for the holding over. All goods held over by the auctioneers may be offered for sale again in any following auction without seller having been given advance notice. In a sale of goods for which no price limit has been set the auctioneers shall endeavour to realize the best possible price. They shall at no time be open to censure on account of the result.
5. An auction order shall be irrevocable for a period of six months. Upon termination of this period the order may be cancelled unless the auction was already announced. In that case the auctioneers reserve the right to charge a compensation of 5% of the amount that they believe the goods could have fetched in public auction. In addition, all expenses and advances already paid shall be for seller’s account.
6. Price limits may be given, but only for goods that would fetch at least € 500 per lot. The limit prices shall be stated immediately when the goods are brought in and shall be reasonable in the auctioneer’s judgment. Price limits shall be communicated in writing. If the goods are sold, the customary selling commission plus the unit charge shall be payable on the limit price or the higher proceeds. If the limit price is not reached, a charge of 5% of the limit price shall be payable by seller.
7. Goods on which an advance has been paid shall at all times be presented for auction without price limit.
8. If at any auction seller’s goods should be repurchased by seller or his agent, the auctioneers shall be entitled to charge both selling and buying commission plus any such advances as may have been made.
9. Selling commission will be charged at the rate of 23% plus € 2.00 per lot. For high-volume consignments the rate of commission will be negotiable.
10. Goods that are of dubious authenticity or that would have fetch more if bearing a signature, will be sent by the auctioneers to established experts for examination. All expenses billed to the auctioneers, such as import duties, postage, experts’ fees, plate costs and advances paid in their behalf, shall at all times be charged on to seller. Final settlement, with a specification per lot, shall be made approximately 6 weeks of receipt of buyer’s payment to the auctioneers. The auctioneers shall not be liable to seller for payment by buyer of the purchase price or the return of the goods by the buyer, nor shall they be liable for the loss suffered if the goods, having been taken away, are neither paid for nor returned. In the event that buyer should default on payment of the goods, the auctioneers shall have the right with respect to seller to consider the transaction as not having taken place.
11. Using their expertise and best ability, the auctioneers shall divide the entry into lots in such a way that in their opinion the highest possible proceeds can be expected. All goods shall be sold by the auctioneers for seller’s account as being genuine and correctly described. The descriptions shall be made with the greatest of care. However, to the extent that goods should be returned as failing to conform to the description, the auctioneers shall have the option of cancelling the sale on seller’s behalf, without recourse to the law, and seller shall be obligated to pay back any sum already paid him or her in respect of the sale.
12. Valuations can be undertaken at the following charges: € 75 per half an hour or part of half an hour. The minimum charge being € 75 when valued at our offices, or € 150 plus payment of travel expenses, when valued at home. Valuation charges will be repaid if the goods are presented for auction within one year of valuation.
13. The auctioneers shall handle the goods with the greatest care and shall insure them against fire and theft. Shipments to and from experts shall be insured by the auctioneers for a value to be estimated by them. The auctioneers shall have the right, without prior notification of seller, to open all packages and means of keeping the contents secure, and to take such steps as they judge necessary for the preservation of the goods. The auctioneers shall have the right to do all such things as are likely to boost sales revenue. The auctioneers may retain goods until payment of what is due to them has been made. Goods that are to be returned shall be returned to the person who proves, to the auctioneers’ satisfaction, that he is lawfully entitled to them.
14. Seller shall never be able to plead ignorance of the terms and conditions of sale or of locally existing customs.
15. The auctioneers’ liability shall be limited to the amount of commission they received or should have received.
16. If any dispute should arise between the auctioneers and seller, only the district court of Roermond shall be competent to settle the dispute. Dutch law shall be applicable in all disputes.