Terms and conditions for bidding in the auction

  1. These conditions of sale, are the complete, and only, terms and conditions on which all property is offered for sale. By bidding at Paulus Swaen auction, the buyer agrees to be bound by these Conditions of Sale.

  2. The estimated price shown for each lot should be used only as a guide.
    Lots may end up selling for more or less than the estimated price.

  3. There is no obligation to the seller to sell items at less than the reserve price. Reserves are generally no more than 80% of the low estimate.
    Reserves will be kept confidential up until 24 hours before the auction closes.
    During the last 24 hours, the Reserve Price can no longer be adjusted and the Reserve will be disclosed on your Auction Watch / Bid Page. Item Watch
    Unsold items are no longer available after the auction closing.

    BUYERS COMMISSION
    A buyer pays on the hammer price a commission of 18% plus any applicable VAT. The VAT amount depends on the invoice address or the status of the seller. Once being logged on you will see on the item page your applicable  VAT calculation.
  4. A buyer from outside the European Union pays, on top of the hammer price, a premium of 18 % on the first $35,700 / €30,000 and 10% on the excess.
  5. A European buyer pays, on top of the hammer price, a premium of 21,8 % on the first € 30,000 and 12,1% on the excess.
    This amount is a combination of 18% buyer's commission and 21% VAT. For reclaiming VAT see below.

    VAT EXPLANATION AND REFUND
  6. If you have a verified account and you are logged on each item page shows the bid amount and the applicable buyer's commission and tax rate.
  7. For buyers from outside the EU, there is no VAT applicable.
  8. For EU buyers the buyer’s premium is calculated as 21.8% incl. VAT of the hammer price up to a value of € 30,000 and 12,1% on the excess.
    The buyer’s premium is invoiced on an inclusive basis according to the Dutch margin scheme as in Art. 313 and Art. 333 guidance 2006/112/EG.
  9. For EU professional buyers with a valid EU certificate, the buyer's premium is 18%

  10. Some items have a special VAT status and will be subject to higher rates as follows and indicated as follow:
    (!) : This lot is imported from outside the EU and when sold within the EU a 9% VAT will be added to the hammer price.
    (+) This Lot is sold outside the margin scheme and when sold within the EU a 21% VAT will be added to the hammer price.

  11. The VAT on the hammer price is not applicable for European dealers with valid VAT registration.

  12. Online invoices are available 24 hour after the auction closes and are also emailed to you the following day. Payment is due on receipt of the invoice.
    The items are shipped as soon as possible after receipt of your payment. We appreciate your prompt payment as this allows us to pay our consignors equally promptly.

  13. We accept US $ and Euros and payment can be made by Visa / Mastercard / PayPal / Bank wire and Check.
    In your members area you will find your invoice including links to the different secure authorization forms of Visa, Mastercard and Paypal or IDEAL.

  14. The highest bidder of any lot will not become the legal owner of the lot until all associated fees have been paid to the Auction House, this includes any fees charged by the auction house.

  15. We charge a one-time flat fee of € 25.00 / $ 30 for packaging, shipping and insurance for a parcel to USA and within Europe. Parcels shipped to The Netherlands and Belgium are € 15. All other destinations the shipping, packing and insurance is €45 / $ 50. This amount will be added to the invoice.

  16. We guarantee the authenticity and condition of each lot described in this catalog, there is no time limitation to this guarantee.
    Defects in lots offered for sale have been carefully noted. If a lot is found to be substantially different from its catalog description, thereby significantly reducing its value, a full refund is given.
    The purchaser must notify us within one week of receipt.
    Please contact us for a Return Authorization prior to returning the item.

  17. Bids are a binding contract, items sold in the online auction are definitive and you do not have a cooling-off period.
    If you have placed a bid in error you must contact us immediately.

  18. Unsold lots are no longer available after the auction has closed.

  19. The "time left" counters shown on this site should be used only as a guide. Unfortunately, we do not accept any claim for differences in display time.

  20. Currency Calculator:
    The site show bids in some other major currencies as well as the currency of the sale. Any conversion is for guidance only and we cannot be bound by any rate of exchange shown by the currency calculator. Paulus Swaen Europe b.v. is not responsible for any error (human or otherwise), omission, or breakdown in providing these services.

    SIGNING UP
  21. When you register to buy with the intention to bid on an item above an individual value of € 20.000 we will ask you to provide the following documents to verify your identity:
    Private individuals
    A copy of:
    • your passport or other government-issued photo ID; and
    • proof of your residential address (such as a bank statement or utility bill) dated within the last three months
    You can email your documents to paulus@swaen.com

    Dealers and organizations
    A copy of formal documents evidencing:
    • its registered office and business address;
    • its directors and any ultimate beneficial owners; and
    • authorization for the individuals allowed to bid on behalf of the company, plus a copy of the government-issued photo ID for each authorized individual.
    You can email your corporate documents to paulus@swaen.com.

    PRIVACY POLICY
  22. Paulus Swaen is committed to protecting and respecting any personal information you share with us. This statement describes what types of information we collect from you, how it is used by us, how we share it with others, how you can manage the information we hold and how you can contact us.

    What information do we collect?
    We only collect information that is necessary, relevant and adequate for the purpose you are providing it for.

    Personal data you share with us
    We may ask for personal data when you want to place bids or order from us; this includes when you order from the Website or over the phone, when you register your Swaen account, or when you sign up to our mailing list.

    The information we collect includes but is not limited to:
    Name (including title);
    Delivery Address;
    Billing Address;
    Phone number;
    Email address.

    Some of this data does not identify you personally but provides us with information about how you use our services and engage with us in order to improve our services and make them more useful to you.

    The information we collect includes but is not limited to:
    - The date and time you used our services;
    - The pages you visited on our website and how long you visited us for;
    -The products you viewed or added to your basket;
    - Your IP address;
    - Cookie or Pixel information

    Consent
    Where you have provided your consent, we may use and process your information to contact you from time to time through electronic channels such as email about auctions, events, products, services or information which we think may be of interest to you.

    You can withdraw your consent at any time by emailing customerservices@swaen.com or, in relation to any marketing messages you receive, by selecting the unsubscribe option included in those messages.

    How do we share this information?
    We do not sell your information to third parties. However, we may from time to time disclose your information to the following categories of companies or organizations to which we pass the responsibility to handle services on our behalf:

    Service providers who help us to operate our Website, fulfill your orders and deliver our products to you, including:
    Credit reference agencies;
    Couriers;
    Payment providers;
    IT support;
    Legal and other professional advisors.
    Certain regulatory bodies, government and enforcement agencies, where required.

    How can you manage the information we hold about you?
    You have the right as an individual to access any personal information we hold about you and make corrections if necessary. You also have the right to withdraw any consent you have previously given us and, in certain circumstances, ask us to erase information we hold about you.

    You can exercise the above rights and/or manage your information by contacting us using the details below.


  23. These terms and conditions are binding upon you and may be amended by us at any time.
    You will be notified of any such changes via email.

These conditions of sale, are the complete, and only, terms and conditions on which all property is offered for sale. The auction is organized by Paulus Swaen Europe, Amsterdam, The Netherlands and Dutch Law apply.

Please contact us before bidding if you have further questions.

Paulus Swaen Europe bv
Gerrit van der Veenstraat 112 Hs
1077 EN Amsterdam
The Netherlands
Tel.: +31 (0)20 2255198

Mobile : +31 (0) 627839704
email : paulus@swaen.com

KvK Amsterdam 83585729
BTW : NL862925952B01