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1. These are the terms and conditions of the s.r.l. ORGANI-VENTES-COMMISSAIRES PRISEURS ASSOCIES s.r.l. – Business nr 0463.749.080 – Registered offices located Avenue d’Ecolys 2, boite 2 at 5020 Suarlée (Namur), hereafter referred to as the « ROPS Auction House ». Any registration on the website www.rops-online.be as well as any participation in the auctions implies prior unconditional familiarity with and acceptance of these terms and conditions, as well as the full explanation of the sale procedure, available on the following link: https://www.rops-online.be/termes-et-conditions
In the event of a conflict between these terms and conditions of sale and those of the bidder/successful bidder/purchaser, these (the present) terms and conditions of sale will take precedence. In the event of conflict or difficulty of interpretation between the various versions of the general terms and conditions, those expressed in the French language will take precedence. These terms and conditions also take precedence as applicable over the information contained in the explanation of the terms and conditions of sale.
These conditions are available at the auction house and included in all the catalogues for each sale; they are also described on our website www.rops-online.be under the headings for that purpose.
2. All the lots are sold on our site www.rops-online.be to the highest bidder.
3. The last highest bidder will be the successful bidder. He will be required to pay the hammer price for the lot immediately, plus 25% for fees and VAT. The ROPS auction house reserves the option to refuse any bid, make any decision, merge or withdraw lots without having to justify its decision.
4. The information appearing in the catalogues, advertisements, brochures or any other written material issued by the auction house should be considered merely information that does not in any event entail the liability of the ROPS auction house. The house guarantees neither the accuracy of a statement as to the author, nor the origin, date, age, attribution, provenance, weight, condition or material of the lot. No employee of the ROPS auction house is authorised to give guarantees in this regard. Consequently, buyers themselves must ensure the nature of the lots and their material condition before the sale. The ROPS auction house cannot in any event be held liable for a violation of copyright or other intellectual property rights, nor for any other legal or regulatory infraction related to the goods or lots displayed, offered, auctioned or sold in the catalogue and/or on the website.
5. The profits and risks pass to the purchaser as of the auction. He will not however become the owner until the price and the ancillary costs have been paid in full. Any complaint must be notified by registered letter within 10 days of the auction, under penalty of inadmissibility. Any shipment made by an intermediary (Bpost, UPS, FedEx, etc.) will take place exclusively at the request, expense and risk of the purchaser and with no liability of the ROPS auction house.
6. In the event of a dispute or error in the auction, the lot will be put up for sale again in a subsequent sale. The auctioneer will resolve any dispute that may arise with regard to bids during the sale at his discretion and without appeal.
7. Buyers are required to pay for and take possession of the lots that have been auctioned to them within the five working days following the auction. After this deadline, the ROPS auction house can, at its sole discretion, without prior formal notice and with no compensation due by the ROPS auction house as a consequence, either put the uncollected lots (paid and/or unpaid) back on sale, return them to the depositor(s) concerned, or have them transferred to a storage facility at the expense and risk of the buyer.
8. Without prejudice to legal proceedings for payment by a defaulting buyer, lots not paid for within the period indicated above can be re-auctioned whenever the ROPS auction house deems it appropriate. In this case, the buyer will be required to pay any difference in price as well as all fees and expenses related to the sales necessary to be able to auction the lot again. He cannot claim the surplus, if any.
9. Invoices and statements of account are payable on receipt. Any amount unpaid by the due date automatically incurs late payment interest, without prior formal notification, at a rate of 10% annually. Furthermore, in the event of non-payment by the due date, the amounts due are automatically increased by a lump-sum compensation of 15% by way of damages and contractual interest, with a minimum of 75€, independently of the late payment interest. This provision also applies to the ROPS auction house if it should be liable to the successful bidder for amounts. In addition, a custodial fee of 3€ per day and per lot with a minimum of 30€ will be added to these expenses. Any successful bidder is deemed to have acted on his own behalf and is held personally responsible for payment for the lots that have been auctioned to him in any capacity whatsoever. He must pay the amount due in Euros or by Visa, Mastercard, or Bancontact before removing them, within the period specified above, and will remain responsible for any damage caused to the lot and by it after its auction.
10. All sales to an E.U. national are subject to the special margin scheme, VAT not deductible.
11. Any bid sent electronically on the platform www.rops-online.be commits the bidder.
12. In the context of online sales, a purchaser in his capacity of a consumer can exercise a right of withdrawal under the legal conditions set in Article VI.47 and following of the Code of Economic Law, unless the auction/sale occurred under the supervision of a judicial officer and the purchaser/successful bidder was able to attend.
The right of withdrawal means that the purchaser cancels the purchase and returns the goods to the ROPS auction house himself, after which the price already paid will be refunded to him. In order to exercise his right of withdrawal, the purchaser must inform the ROPS auction house in an unequivocal declaration (for example in writing, by letter or by e-mail) or via the withdrawal form available on the link below:
The right of withdrawal expires fourteen days after the first day following the possession of the goods/lots concerned. The right of withdrawal cannot be exercised before the purchaser has paid the purchase price and removed the goods/lots. All the direct costs of returning the goods are the responsibility of the purchaser. The return costs are also the responsibility of the purchaser if, due to their nature, the goods cannot be returned by regular postal mail. The burden of proof concerning the exercise of the right of withdrawal is the sole responsibility of the purchaser.
Any user of the website www.rops-online.be, as well as any bidder/successful bidder/purchaser, pledges on his honour as to the accuracy and completeness of the information communicated to the auction house at all times, both during his registration on the site and when updating his information and communicating with the ROPS auction house.
13. If one or more provisions of these terms and conditions should become invalid in whole or in part for any reason at any time, this/these provision(s) shall be deemed to be severable from these conditions without affecting the validity and enforceability of the other provisions. The parties will then immediately and in good faith negotiate a valid provision to replace the invalid provision that corresponds insofar as possible to the objective of the invalid provision.
14. In the event of a dispute, the courts of Namur will have sole jurisdiction.