GENERAL AUCTION CONDITIONS
1. Definitions
1.1. For the application of these general conditions of sale we understand by:
1.2. Buyer: The bidder who acquires a lot.
1.3. AUCTION-LUX SARL: AUCTION-LUX SARL, established and having its head office at L-5450 STADTBREDIMUS, 6, rue Pierre Risch, registered in the Luxembourg Trade and Companies Register under number B236275, is an operator of voluntary sales to public auction which organizes public auctions conducted in the presence and by the ministry of a bailiff.
In this capacity AUCTION-LUX SARL acts as agent of the seller.
1.4. Public auction: Any public auction organized by AUCTION-LUX SARL, managed in the presence and by the ministry of a bailiff and taking place physically either at the head office of AUCTION-LUX SARL, or at another location determined by it. this.
1.5. Online public auction: Remote participation by electronic means in a public auction via the AUCTION-LUX SARL website or any other auction platform freely chosen by AUCTION-LUX SARL.
1.6. Bidder: Any person, natural or legal, who meets the criteria to bid during a public auction in the room or online.
1.7. AUCTION-LUX SARL website: The website accessible at the address “https://www.lux-auction.com/”.
1.8. Seller: Any person, natural or legal, who puts one or more goods up for sale at a public auction.
2. Acceptance, modification and enforceability of the general conditions of sale
2.1. The relationship between AUCTION-LUX SARL and the bidder is specified by these general conditions of sale.
2.2. By registering with AUCTION-LUX SARL or by using the AUCTION-LUX SARL website as well as any other auction platform freely chosen by AUCTION-LUX SARL, the bidder who wishes to participate in public auctions in the classroom or online guarantees that he has full capacity to exercise and acknowledges that he has read these general conditions of sale and that he has accepted them without reservation and with full knowledge of the facts.
2.3. The bidder who wishes to participate in an online public auction must read and accept, without reservation, the conditions of use of this technical platform. In the event of a contradiction between the conditions of use of this technical platform and these general conditions of sale, the latter prevail over any other contrary provision.
2.4. The general conditions of sale in force during the public auction govern the relationship between the bidder and AUCTION-LUX SARL.
2.5. AUCTION-LUX SARL explicitly reserves the right to modify the general conditions of sale at any time for legitimate reasons aimed at ensuring the smooth running of public auctions. The general conditions of sale may, for example, be modified by AUCTION-LUX SARL by written and/or oral notices prior to a public auction and which will be mentioned in the minutes of the sale.
3. Goods put up for sale
3.1. The goods are offered for sale in their current condition, which implies that they may, for example, present imperfections, defects as well as possible errors in their description.
3.2. The bidder is explicitly invited to form his own opinion on the lot likely to interest him.
3.3. The bidder is strongly advised to take the time to view and carefully examine the lot likely to interest him as well as to request all the necessary information about it before the public auction and particularly during the exhibitions.
3.4. Any handling of goods by the bidder is at their own risk.
3.5. AUCTION-LUX SARL is available to bidders to provide them with reports on the lots.
3.6. The description of a lot provided by AUCTION-LUX SARL, resulting in particular from the catalog, reports, labels, any indications and/or verbal announcements, is exclusively AUCTION-LUX SARL’s interpretation of the lot in question and shall in no way be considered as proof of any fact(s) by the bidder and the buyer.
3.7. The use of the term «attributed to» followed for example by an artist’s name, a historical period, a century and/or an era indicates that one or more serious presumptions make it possible to connect the/ the characteristic(s) in question of the property. AUCTION-LUX SARL emphasizes that this is one or more presumptions and in no case a guarantee of authenticity.
3.8. The description of a lot provided by AUCTION-LUX SARL, such as the existence of a restoration, an accident or an incident that may have affected the lot in question, is given for the sole purpose of facilitating the personal inspection of the lot by the bidder. It remains expressly subject to the personal assessment of the bidder and/or his own expert.
3.9. The absence of any indication in the description of a lot provided by AUCTION-LUX SARL - whether for example in the catalog, reports, labels, any indications and/or verbal announcements - of in particular a restoration, an accident and/or an incident which may have affected the lot in question does not in any way guarantee that said lot is free from one or more present, past and/or repaired defects as well as wear and tear. /or any other imperfections.
3.10. Conversely, the mention in the description of a lot provided by AUCTION-LUX SARL, for example of a restoration, an accident and/or an incident, does not imply that the lot in question is exempt from any other present, past and/or repaired defect as well as wear and/or other imperfections of any kind.
3.11. The description of a lot, in particular from the catalog, reports, labels, any indications and/or verbal announcements provided by AUCTION-LUX SARL, may be specified and/or modified by AUCTION-LUX SARL and/or the the bailiff who is present and directs the public auction until the start of the public auction in question. Any modification to the description is countersigned, where applicable, in the sales report drawn up by the bailiff.
3.12. The photos presented by AUCTION-LUX SARL, whatever their form, are not contractual and are given for purely indicative purposes. Colors of works shown in the catalog may differ from actual colors due to printing processes.
3.13. Estimates are provided for informational purposes only and should in no way be taken as a guarantee that the lot will sell at the estimated price or even within the estimate range.
3.14. Estimates do not constitute a guarantee of any kind. AUCTION-LUX SARL cannot under any circumstances be held responsible for estimates provided at any location or time.
3.15. No complaint by a bidder and/or a buyer, whatever the nature, is admitted once the auction has been declared, even if it concerns for example the description, the estimate, the content and/or the batch status.
4. Public auctions
4.1. Public auctions are conducted in the presence and by the ministry of a bailiff. A report is drawn up during the sale by the bailiff and is binding against any contrary document.
4.2. In the event of a dispute, only the bailiff present and directing the public auction can decide to withdraw the lot. Its decision is irrevocable and binding on everyone, without any possible dispute.
4.3. The bailiff present and directing the public auction ensures compliance with established practices.
4.4. The hammer blow marks the end of the auction. The pronunciation of the term “awarded” results in the formation of the sales contract between the seller and the highest bidder.
4.5. The successful bidder is the person who makes the highest bid provided that he or she can be validly identified, is solvent, complies with all of these general conditions of sale and, where applicable, that his or her bid is equal. or higher than the stipulated reserve price.
4.6. As agent of the seller, AUCTION-LUX SARL is not the owner of the goods put up for sale. In this regard, AUCTION-LUX SARL cannot, among other things, be held responsible for any damage possibly suffered following or in the context of the conclusion of a sale between a seller and a buyer - including and as non-exhaustive - any possible damage occurring following an unfavorable purchase or judged as such by the buyer or seller when a lot is awarded at a price higher or lower than the actual or expected value.
Bidder
4.7. For the proper organization of public auctions:
- Anyone wishing to participate in public auctions must register before entering the room.
- Any person wishing to participate in public online auctions must have a validated user account on the AUCTION-LUX SARL website or on the auction platform concerned at least two hours (2) before the start of the auction public.
4.8. AUCTION-LUX SARL notably asks any person who wishes to register to prove their identity as well as to provide their banking references.
4.9. For certain lots, AUCTION-LUX SARL may ask a bidder to make a security deposit. If the lot in question is not awarded to this bidder, the security deposit will be refunded within 72 hours to the bank details presented by said bidder.
4.10. All bidders are deemed to act in their own name and on their own behalf unless they previously declare to AUCTION-LUX SARL that they are acting as an agent on behalf of a third party. AUCTION-LUX SARL reserves the discretionary right to refuse such a prior declaration.
Buyer
4.11. The lot is awarded to the highest bidder who therefore has the status of buyer, provided that he can be validly identified, is solvent, complies with all of these general conditions of sale and, where applicable, its bid is equal to or higher than the stipulated reserve price.
4.12. The buyer undertakes to pay personally and immediately the hammer price increased by the costs payable by him as well as any taxes and/or charges that may be payable.
4.13. The buyer will only be able to obtain the lot awarded to him after payment of his sales slip in full.
4.14. The seller retains ownership of the lot awarded to the buyer until full and effective payment of the amount due by the buyer. This provision does not prevent the transfer of risks to the buyer, from the day of sale. As soon as the lot is awarded to a buyer, the risks are transferred to him and he is required to pay the amounts due.
4.15. The buyer becomes responsible for any lot he acquires and cannot under any circumstances revoke his acceptance.
4.16. It will be up to the buyer to insure the lot upon auction. Under no circumstances is AUCTION-LUX SARL liable in the event of theft, loss or damage to the lot in question after the auction.
4.17. AUCTION-LUX SARL does not organize the shipping of a lot purchased by the buyer. The latter bears the risks linked to the delivery of the lot and according to the terms and conditions it organizes.
Purchase orders and telephone bidding for public in-room auctions
4.18. AUCTION-LUX SARL reserves the discretionary right to accept free of charge to receive bids by telephone (for a public auction in a specific room) from a bidder who has come forward up to two (2) hours before the start of the auction. public auction on the AUCTION-LUX SARL website, by letter or by e-mail (info@lux-auction.com).
4.19. The bidder is required to provide his identity and all information required by AUCTION-LUX SARL, including his banking references.
4.20. AUCTION-LUX SARL reserves the discretionary right to refuse any request for telephone participation for a public auction.
4.21. If AUCTION-LUX SARL does not explicitly respond to a request from a bidder wishing to participate in a public auction by telephone, this lack of response constitutes a refusal of the request.
4.22. If a bidder’s request is accepted by AUCTION-LUX SARL, the bidder must ensure that they are reachable by telephone during said public auction. The bidder undertakes to pay AUCTION-LUX SARL, as a compensatory penalty for compensation for the blocking of one or more line(s), the sum of €150 in the event that he cannot be reached by telephone during the public auction. The penalty is due automatically and without formal notice by the mere arrival of the event.
4.23. AUCTION-LUX SARL cannot under any circumstances be held responsible for an error on the part of the bidder who participates by telephone, in particular with regard to the incorrect indication of the lot number or his telephone number.
4.24. AUCTION-LUX SARL cannot under any circumstances be held responsible, including but not limited to, any technical failure, call failure, any communications problems and/or receipt of participation requests. telephone for a public auction (e.g. phones busy, lines down, etc.). The bidder is aware of and assumes the risks inherent in this process.
4.25. The bidder cannot cancel a telephone bid, it being considered firm and final.
4.26. For all purposes, AUCTION-LUX SARL reserves the right to record telephone communications during the sale. The records will be kept until full payment of the buyer’s slip, unless disputed.
4.27. AUCTION-LUX SARL reserves the discretionary right to accept free of charge to receive bids by purchase order from a bidder who appears up to two (2) hours before the start of the public auction on the site internet of AUCTION-LUX SARL, by letter or by e-mail (info@lux-auction.com).
4.28. The bidder is required to provide his identity and all information required by AUCTION-LUX SARL, including his banking references.
4.29. AUCTION-LUX SARL reserves the discretionary right to refuse any purchase order request for a public auction.
4.30. If AUCTION-LUX SARL does not explicitly respond to a bidder wishing to participate in a public auction by purchase order, this lack of response constitutes a refusal of the request.
4.31. The purchase order includes the date of the public auction in question, the lot number, its description and the maximum amount of the auction.
4.32. The purchase order form is available in the room, at the end of our catalogs and on our website.
4.33 In the event of competition between two purchase orders for the same lot and for the same amount, priority will be given to the order received first. Under no circumstances can AUCTION-LUX SARL be held liable, particularly in the event of an error or omission in the execution of the written order.
4.34. The bidder cannot cancel a purchase order, it being considered firm and definitive.
4.35. AUCTION-LUX SARL cannot be held responsible for any errors on the part of the bidder, in particular with regard to the incorrect indication of the lot number as well as any problems with communications and/or receipt of requests for bids. purchase order. The bidder is aware of and assumes the risks inherent in this process.
5. Reserve price
5.1. The seller has the right to offer a reserve price for public auctions. If a reserve price has been agreed, this will be appreciated during the sale to the nearest 20% and considered under the hammer.
5.2. In the event that a reserve price has been stipulated by the seller, AUCTION-LUX SARL reserves the right to bid until the reserve price is reached. However, the seller is not authorized to bid directly or through an agent himself.
6. Special features relating exclusively to online public auctions
6.1. Online public auctions take place on the AUCTION-LUX SARL website or on any other auction platform freely chosen by AUCTION-LUX SARL. They are public and require prior registration.
6.2. AUCTION-LUX SARL reserves the discretionary right to cancel, postpone, extend or terminate an online public auction without justification to potential or existing sellers and bidders.
6.3. AUCTION-LUX SARL reserves the discretionary right to resume, at the time and method deemed most appropriate, online public auctions after an interruption, particularly in the event of a malfunction of the website having hindered optimal access for bidders.
7. Execution of the Sale
7.1. In addition to the hammer price, the buyer must pay the following commissions and taxes per lot and on a sliding scale:
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From €1 to €500,000.99: 25% VAT included (Luxembourg VAT at the applicable rate).
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From €500,001 to €1,000,000.99: 20% VAT included (Luxembourg VAT at the applicable rate).
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Beyond €1,000,001: 12% VAT included (Luxembourg VAT at the applicable rate).
7.2. Additional fees of 2% VAT included will apply to bids won via Lux-Auction live.
Additional fees of 3% VAT included will apply to bids won via external live platforms Drouot and Interenchères.
Additional fees of 5% VAT included will apply to bids won via external live platforms Invaluable, Live Auctioneers, etc.
7.3. If AUCTION-LUX SARL acts as an agent for the seller, selling goods in its own name and on its own account, the VAT on the commission will not be applied if the buyer is not established in Luxembourg and provides proof of their VAT-liable status.
If AUCTION-LUX SARL sells in its own name but on behalf of the client, the gross commission amount will be an integral part of the sale price and will follow the same VAT treatment, with VAT exemption in the following cases:
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Export sales of goods delivered outside the EU customs territory, provided a customs declaration justifying the export is produced.
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Intra-community exempt sales (optional) when the buyer is VAT-liable in another EU member state and provides their valid VAT number along with proof of transport to another EU member state.
7.4. Payment of the lot must be made in full, covering the price, fees, and taxes.
The buyer can settle the payment using the following methods:
8. Storage Fees
8.1. If the lot is not collected within two months from the auction date, storage fees will be charged at a rate of €10 VAT included per lot per day.
8.2. AUCTION-LUX SARL cannot be held responsible for any loss and/or damage occurring to a lot acquired by a buyer, regardless of the cause.
9. Default of Payment
9.1. In case of non-payment of the full amount due and after a formal notice remains unsuccessful, AUCTION-LUX SARL reserves the right to initiate debt recovery proceedings, including legal interest at the applicable rate at the time of adjudication, increased by five points, along with any other additional costs incurred by the defaulting buyer, including debt recovery expenses.
9.2. Furthermore, AUCTION-LUX SARL is authorized, at its sole discretion and in addition to any other rights and actions, to take one or more of the following measures:
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Cancellation of the sale at the expense of the defaulting buyer.
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Re-auctioning of the lot in a public auction. Any shortfall compared to the first adjudication will be borne exclusively by the defaulting buyer, along with all associated costs of the new auction.
9.3. AUCTION-LUX SARL reserves the right to exclude defaulting buyers or those who do not comply with these general terms and conditions from future public auctions.
10. Intellectual Property – Reproduction of Works
10.1. AUCTION-LUX SARL reserves the discretionary right to photograph the lot and decide whether to include a photo in the catalog and/or on its website.
10.2. AUCTION-LUX SARL holds the reproduction rights for its catalog. Any reproduction is prohibited and may constitute an unauthorized reproduction, exposing its author to legal action for copyright infringement.
11. Goods Subject to Specific Legislation
11.1. The international regulation of March 3, 1973, known as the Washington Convention, protects species considered threatened with extinction. It is the responsibility of each bidder to verify the legislation applicable in their country before placing a bid.
11.2. Any lot containing ivory, rosewood, or similar materials, regardless of its execution date or certificate of origin, cannot be imported into the United States due to applicable regulations.
11.3. AUCTION-LUX SARL is committed to protecting wildlife species and cultural goods and makes every effort, to the best of its ability, to verify the provenance of the lots listed in this catalog.
12. Fight against money laundering and terrorist financing
12.1. The obligations relating to the fight against money laundering and the financing of terrorism are applicable to AUCTION-LUX SARL and to the bailiff present and directing the public auction.
12.2. The seller, the bidder and, where applicable, his agent, undertake to respond to any request for information necessary to enable AUCTION-LUX SARL and the bailiff to comply with their legal obligations in matters of fight. against money laundering and terrorist financing. Consequently, the seller, the bidder and, where applicable, his agent, must provide all the necessary documents to establish their identity and the origin of the funds. Likewise, the seller is obliged to provide all the information he has regarding the origin of the good(s) concerned.
12.3. The seller, the bidder and, where applicable, his agent expressly authorize AUCTION-LUX SARL and the bailiff to copy and retain this information.
12.4. No one can hide behind the GDPR to refuse to communicate relevant information.
12.5. The information that must be provided by the seller, the bidder and, where applicable, his agent varies depending on whether it is a natural person, a legal entity, or, where applicable, a representative.
12.6. Any modification to the situation of the seller, the bidder and, where applicable, his agent which occurs during the execution of the collaboration must be transmitted as quickly as possible to AUCTION-LUX SARL and to the bailiff. .
12.7. It is the responsibility of the seller, the bidder and, where applicable, his agent to provide proof of the modification of the information.
12.8. If AUCTION-LUX SARL and/or the bailiff have reason to suspect that facts are linked to money laundering or the financing of terrorism, they are obliged to declare to the Financial Intelligence Unit (CRF) of such facts. If necessary, the operation is canceled or suspended without the persons concerned being able to object.
13. Personal data protection policy
13.1. By using the services of AUCTION-LUX SARL, personal data is processed.
13.2. By using the services of AUCTION-LUX SARL, the seller, the bidder, where applicable his agent, and the buyer consent to the collection, use, storage and, where applicable, transmission of their data to specialized subcontractors with the aim of providing the desired services relating to the parties concerned.
13.3. AUCTION-LUX SARL is the data processing manager.
13.4. The seller, the bidder, his agent where applicable, and the buyer undertake to provide truthful information.
13.5. The following data may be collected:
- the first and last name, a copy of the valid identity card or passport, in order to be able to identify the seller, the bidder, if applicable his agent, and the buyer ;
- the postal address, the email address and any similar information, necessary or useful for the execution of the contract and the follow-up of requests addressed to AUCTION-LUX SARL;
- the telephone number of the seller, the bidder, if applicable, his agent, and the buyer;
- the bank account number (IBAN and BIC) of the seller, the bidder, if applicable his agent, and the buyer;
- in general, any information given voluntarily when using the website or services or any request made on the website as well as any information communicated by email, by post or by telephone to AUCTION-LUX SARL.
13.6. AUCTION-LUX SARL is not intended to collect sensitive data.
13.7. The data cannot be sold or made available to third parties except subcontractors.
13.8. The data is collected to allow:
- the registration of the seller, the bidder and, where applicable, his agent based on the consent of the person concerned, allowing him to then have access to the services offered by AUCTION-LUX SARL;
- the management and monitoring of auctions for the seller, the bidder, where applicable his agent and the buyer, for contractual needs;
- accounting and tax management of operations;
- debt recovery needs in the event of non-payment, based on the legitimate interest of AUCTION-LUX SARL.
13.9. AUCTION-LUX SARL is committed to ensuring the security and confidentiality of the data collected by storing it in a secure environment and processing it securely.
13.10. AUCTION-LUX SARL has implemented appropriate security measures.
13.11. The data is processed by AUCTION-LUX SARL as well as, where applicable, by specialized subcontractors that AUCTION-LUX SARL uses for certain services.
13.12. Subcontractors must follow AUCTION-LUX SARL’s instructions and respect its policy on the protection of personal data.
13.13. The data collected by AUCTION-LUX SARL is only kept for the period necessary for the execution of the services and compliance with legal obligations.
13.14. AUCTION-LUX SARL undertakes to notify the National Commission for Data Protection (CNPD) as soon as possible of a personal data breach.
13.15. When a data breach is likely to pose a high risk to the rights and freedoms of the people whose data is collected, AUCTION-LUX SARL will inform the people as soon as possible.
13.16. Except for uses for legitimate reasons (contractual need, tax obligation, etc.), the seller, the bidder, where applicable his agent, and the buyer have, at any time, the right:
- to access their data, by asking AUCTION-LUX SARL to communicate said data to them in an accessible form, as well as all the information relating to the collection and processing of their data;
- to ask AUCTION-LUX SARL to rectify, complete or update its data when it is inaccurate, incomplete or obsolete;
- to ask AUCTION-LUX SARL to delete its data as soon as possible;
- to ask AUCTION-LUX SARL to limit the processing of their personal data, which will only be kept in order to verify the accuracy of the contested personal data and to serve - in the context of this dispute - the exercise or defense rights in court.
13.17. However, these rights are not absolute. Any request will therefore be examined on a case-by-case basis by AUCTION-LUX SARL.
13.18. The seller, the bidder, where applicable his agent, and the buyer have the right to receive the data provided to AUCTION-LUX SARL in a structured, commonly used and machine-readable format. They may also transfer this data to other data controllers.
13.19. The seller, the bidder, if applicable his agent, and the buyer can exercise their rights by contacting AUCTION-LUX SARL at the e-mail address info@lux-auction.com or by mail at the address L- 5450 STADTBREDIMUS, 6, rue Pierre Risch, which will provide information on the measures taken as soon as possible and in any event within one (1) month from receipt of the request, which may be extended having regard to the complexity of the request, and subject to having previously informed the seller, the bidder, if applicable his agent, and the buyer.
13.20. The seller, the bidder, if applicable his agent, and the buyer have the right to lodge a complaint with the National Commission for Data Protection, the contact details of which appear below:
National Commission for Data Protection, L-4370 BELVAUX, 15, Boulevard du Jazz, ; Such. : (+352) 26 10 60 – 1; Fax. : (+352) 26 10 60 – 6099; https://cnpd.public.lu/fr/particuliers/faire-valoir/formulaire-plainte.html.
without prejudice to any appeal before the competent court.
14. Specific provisions prohibiting the sale of lots to Russia
14.1. AUCTION-LUX SARL strictly applies the legislation prohibiting the sale of goods to Russia.
15. Miscellaneous
15.1. If one or more clauses of the general conditions of sale are judged, in whole or in part, void, unenforceable or invalid for any reason, this will not prejudice the other provisions of the general conditions. of sale. In this case, AUCTION-LUX SARL will replace the clause in good faith with another provision having an equivalent economic and legal effect.
15.2. The right of withdrawal is not applicable to contracts concluded during a public auction.
15.3. AUCTION-LUX SARL reserves the right to refuse access to the sales room to any person as well as to expel any person from the sales room in the event of justified reason.
15.4. AUCTION-LUX SARL reserves the discretionary right to exclude from any current or future public auction any bidder or buyer who does not respect the general conditions of sale.
15.5. The provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods, known as the Vienna Convention, will not apply.
16. Applicable law and competent jurisdiction
16.1. These general conditions of sale as well as the resulting sales are exclusively governed by Luxembourg substantive law, the rules of private international law in the broad sense being thus expressly excluded.
16.2. Any dispute resulting from the formation, interpretation or execution of these general conditions of sale as well as the sales resulting therefrom are under the exclusive jurisdiction of the competent court of the judicial district of Luxembourg (Grand Duchy of Luxembourg). ).
