Conditions of sale

These general conditions govern the sales organised by:

Hereinafter referred to as “ENCHÈRES FLAMANDES” or “the Company”.

These conditions are governed by Belgian law, without prejudice to the applicable mandatory provisions, in particular as regards consumer protection.

Registration, the submission of a written bid, participation in a sale or the placing of a bid implies acceptance of these conditions.

Special conditions may supplement or amend these conditions for a given sale or lot. They prevail in the event of any contradiction.

Lots are offered in the physical condition in which they are at the time of the sale.

Antique, second-hand or collectors' items may show traces of use, restorations, repairs, damage, missing parts or other imperfections.

Descriptions, estimates, photographs and other information are established on the basis of the elements available at the time the sale is prepared.

Photographs and videos are provided for information purposes and may show differences in colour or appearance related in particular to lighting or to digital media.

Any estimates are purely indicative and constitute neither a guarantee of value nor a guarantee of resale.

ENCHÈRES FLAMANDES may correct or supplement the information relating to a lot until the close of bidding.

Buyers are invited to examine the lots and to request any further useful information before bidding.

Indications relating to the author, period, origin, provenance or authenticity of a lot are established in accordance with the information available and with market practice.

Wordings such as “attributed to”, “workshop of”, “circle of”, “school of”, “in the taste of”, “manner of” or “follower of” must be interpreted in accordance with professional practice.

Save for an express guarantee stated for a given lot, these indications do not constitute an absolute guarantee of authenticity.

Any person wishing to bid must have the necessary legal capacity and act on their own behalf, unless a mandate has been declared beforehand.

The Company may refuse or suspend a registration in the event of insufficient or inconsistent information, or information incompatible with its legal obligations.

Participation in certain sales or for certain lots may be subject to prior validation, a financial guarantee, a bank pre-authorisation or any other reasonable verification measure.

ENCHÈRES FLAMANDES may refuse access to a sale where there is a reasonable risk of fraud, non-payment or non-compliance.

The person conducting the sale has the powers necessary for its proper conduct.

In the event of a dispute, ENCHÈRES FLAMANDES may take any reasonable measure to ensure the regularity of the sale.

Every bid constitutes a firm commitment to purchase.

An input error, a misunderstanding of the fees, insufficient funding or a change of mind do not release the bidder from their obligations, subject to the applicable mandatory legal provisions.

Sales may be held in the saleroom, remotely, or through a combination of several methods of participation.

The arrangements specific to each sale are communicated before it opens.

ENCHÈRES FLAMANDES does not guarantee the absence of any technical incident affecting a telephone or electronic communication.

In the event of a technical difficulty liable to affect the regularity of the sale, the Company may in particular suspend, extend, resume or postpone the bidding.

ENCHÈRES FLAMANDES may accept written bids and requests to take part by telephone.

The bid binds its author up to the amount indicated.

Requests received late or containing insufficient information may not be executed.

The lot is knocked down to the highest bidder once bidding is definitively closed.

The fall of the hammer or any equivalent announcement gives effect to the sale.

From the moment the lot is knocked down, the buyer is required to pay all sums due and to comply with the applicable collection or delivery arrangements.

The sale price corresponds to the hammer price.

To this price is added the buyer's premium applicable to the sale.

The total amount payable is set out in the statement or invoice drawn up after the sale.

Particular fees may be added where these have been announced or are legally due.

All sums due must be paid in accordance with the instructions communicated by ENCHÈRES FLAMANDES.

No lot may be collected or delivered before payment in full.

Payments may be made by the means accepted by the Company, in particular by bank transfer or payment card.

Cash payments are subject to the limits and conditions laid down by the applicable Belgian legislation. ENCHÈRES FLAMANDES may refuse a payment where it cannot lawfully accept it or where due diligence obligations so require.

In Belgium, the general limit applicable to cash payments in the transactions concerned is in particular €3,000, subject to the exceptions provided for by law.

Unless agreed beforehand, payment must come from the buyer identified when the lot was knocked down.

ENCHÈRES FLAMANDES may request any necessary information or supporting evidence where a payment is made by a third party.

Default in payment does not automatically cancel the sale of the lot.

The costs of safekeeping, storage or re-offering may be charged to the defaulting buyer within the limits provided for by law.

Lots are released only after payment in full.

Collection takes place in accordance with the arrangements communicated by ENCHÈRES FLAMANDES and may require an appointment and an identity check.

Storage locations may be separate from the administrative address of the Company.

Unless agreed otherwise, transport and the corresponding costs are borne by the buyer.

The buyer is responsible for the formalities necessary for the import, export or receipt of the property in their country of destination.

The rules relating to the transfer of ownership and of risk are determined in accordance with the applicable law and the special conditions of the sale.

The actual release of a lot may be subject to payment in full of the sums due.

The right of withdrawal depends on the legal classification of the sale and on the applicable mandatory rules.

Where a sale legally constitutes a public auction benefiting from the exclusion provided for by law, no right of withdrawal may be invoked on that basis.

The mandatory rights to which a consumer may be entitled nevertheless remain reserved.

Where a lot is subject to the resale right provided for by the applicable legislation, that right may be due in accordance with the legal rules.

The resale right is separate from the buyer's premium and may be invoiced separately where the regulations so permit.

Under Belgian law, the regime applicable to the resale right is provided for in particular by the Code of Economic Law for certain resales of original works of art.

Certain property may be subject to restrictions relating to its sale, transport, possession, import or export.

The buyer is responsible for complying with the applicable formalities.

Any person entrusting property to ENCHÈRES FLAMANDES warrants that they hold the rights necessary to offer it for sale.

The seller must communicate the information they hold concerning in particular the provenance, history and condition of the property and any restorations or modifications.

ENCHÈRES FLAMANDES may refuse a lot where its origin, ownership or legal situation raises serious doubt.

A reserve price may be agreed with the seller.

This price need not be communicated to bidders.

The seller may not bid, directly or indirectly, on their own property.

If the reserve price is not reached, the lot may be declared unsold.

The amount due to the seller is determined in accordance with the agreement concluded with ENCHÈRES FLAMANDES, after deduction of commissions, fees, taxes and other sums contractually or legally due.

Unless agreed otherwise, settlement takes place after the sums due by the buyer have actually been collected.

ENCHÈRES FLAMANDES applies the legal obligations to which it is subject regarding the prevention of fraud, money laundering and terrorist financing.

The Company may suspend, defer or refuse a transaction where it cannot meet its legal obligations.

ENCHÈRES FLAMANDES uses reasonable means to ensure the organisation of the sales and the management of the lots.

No provision of these conditions limits any liability that cannot lawfully be excluded or limited.

Personal data are processed in accordance with the applicable data protection regulations.

Data may be disclosed to the providers whose involvement is necessary for the performance of the sale or where the law so requires.

ENCHÈRES FLAMANDES may not be held liable for a delay or an impossibility of performance resulting from an event reasonably beyond its control.

In exceptional circumstances, the Company may postpone, suspend or reorganise a sale where this is necessary.

The catalogues, photographs, texts, logos and other content used by ENCHÈRES FLAMANDES may be protected by intellectual property rights.

Any unauthorised reproduction or commercial use is prohibited.

ENCHÈRES FLAMANDES may amend these conditions for future sales.

The applicable version is the one brought to the attention of participants before they take part in the sale concerned.

These conditions and the sales to which they apply are governed by Belgian law.

Any dispute will be dealt with in accordance with the rules of jurisdiction provided for by the applicable legislation.

No clause may deprive a consumer of the mandatory protections to which they are legally entitled.

These Conditions of Sale enter into force on 1 September 2026.

They replace any earlier version applicable to sales organised by ENCHÈRES FLAMANDES from that date.