Terms and Conditions & Privacy Policy

These terms and conditions and privacy policy (hereinafter the “Terms and Conditions”) may either be viewed in full on the Website www.azauction.be or downloaded and printed. A paper or pdf version can also be provided free of charge on request. All Sellers, Bidders and Users acknowledge that they have taken note of and accepted the Terms and Conditions before using any of the services offered by AZ Auction in the context of its Auctions.

The Terms and Conditions are intended to provide information for the Seller, Bidder and User (hereinafter collectively referred to as the “Client” or “Clients”) regarding:

The terms on which items may be offered for sale and sold, and governing how Lots are awarded;
The Website terms of use;
The rights and obligations of the Client/s and AZ Auction.

1. Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

Buyer: the Bidder who purchases a Lot;
Consumer: any natural person acting as the Buyer or Seller who is operating in a capacity that is not linked to their commercial, industrial, craft or professional business;
Data: any personal information relating to a known or identifiable natural person;
Bidder: any natural or legal person who/which bids during a Catalogued or Web Auction;
AZ Auction: AZ Auction SRL, registered office 39B avenue des Casernes, 1040 Etterbeek (Belgium), registered with the Crossroads Bank for Enterprises under the number 0891.455.833, and acting as an intermediary;
Seller: any natural or legal person who/which offers one or more items for sale at a Catalogued or Web Auction;
Catalogued Auction: any auction based on a catalogue, list or brochure that is physically held at AZ Auction’s registered office or in another physical location;
Web Auction: any auction that takes place exclusively on an online platform and that Bidders cannot attend in person.

2. Acceptance of, amendments to and effectiveness of the Terms and Conditions

These Terms and Conditions shall apply unconditionally and unreservedly to all functions provided on the Website, to all services provided by AZ Auction and to all interactions with AZ Auction more generally. The Client confirms that they have the requisite legal capacity to use the Website and to bid in a Catalogued or Web Auction.

The Terms and Conditions shall also be read aloud by the Legal Supervisor at the start of all Catalogued Auctions.

AZ Auction reserves the right to amend these Terms and Conditions at any time.

These Terms and Conditions shall apply exclusively to the relationship between AZ Auction and the Client, and take precedence over any other contradictory provisions.

The Client confirms that they have taken note of the Terms and Conditions as follows:

In the case of the Seller, by signing the consignment and sale agreements;
In the case of the User, by using the Website and completing the registration process, including ticking the compulsory check box (opt in);
In the case of the Bidder, by registering for and participating in a Catalogued or Web Auction conducted by AZ Auction.

The relationship between the Client and AZ Auction shall be governed by the Terms and Conditions applicable at the time of the auction in question.

3. Principles governing Catalogued and Web Auctions

AZ Auction organises two types of auctions:

Catalogued Auctions
Web Auctions

3.1. Provisions that apply to both Catalogued and Web Auctions

3.1.1. AZ Auction as intermediary - As an intermediary, AZ Auction does not own the Lots offered for sale. As such, AZ Auction may not be held liable for any losses incurred as a result of or in the context of the completion of a sale between a Buyer and a Seller, including but not limited to any loss incurred as the result of a sale that is either unfavourable or perceived as such by either the Buyer or the Seller when a Lot is auctioned for a higher or lower price than its actual or expected value.

3.1.2. Lots offered for sale and auction process- Lots are awarded to the Bidder offering the highest bid, provided that the Bidder can be properly identified, is solvent and has complied in full with the Terms and Conditions.

AZ Auction nevertheless reserves the right, at its sole discretion, to decline a bid or exclude a Bidder, either before or during an auction.

AZ Auction has sole discretion to decide whether or not to offer one or more items for sale, and to determine the appraisal value, how the items are described in the catalogue or on the Website, whether any copies are made, how the items are advertised, the date of the auction and how the auction is conducted. AZ Auction reserves the right to combine several items into one single Lot.

Lots are included in the auction catalogue or on the Website free of charge. AZ Auction reserves the exclusive right to photograph Lots and to decide whether or not to include photos in the catalogue or on the Website.

The right of withdrawal does not apply to contracts concluded as part of a public auction.

3.1.3. Description of Lots and condition reports - Lots are offered for sale as is, with any imperfections, flaws and any errors in the description. Under no circumstances may AZ Auction be held liable for the descriptions and appraisal values contained in the catalogues, nor for its assessments of the condition of items, which are purely indicative. The same applies to information about the signature, date, provenance, origin and condition of Lots. The Bidder is advised to inspect the Lot before the auction.

AZ Auction may amend or add details to the Lot descriptions up until the moment at which the Lots are presented during the auction; all modifications will be noted in the official sale record.

Bidders may view and appraise each Lot and/or request any information about them before the auction and during the auction exhibition. To this end, they may request a condition report from AZ Auction regarding the condition of the Lot.

The photos in the catalogues and on the Website do not form part of the contract and are purely for information.

The Bidder must form their own opinion about each Lot, and no complaints of any kind will be accepted once the hammer has fallen, including any complaints regarding the description, appraisal value, content or condition of the Lots in the catalogue or on the Website.

In any event, AZ Auction’s liability may not exceed the total commission actually payable to AZ Auction by the Seller and Buyer.

3.1.4. Commercial authenticity guarantee - AZ Auction guarantees the authenticity of Lots for five (5) years from the date of the hammer falling.

The Buyer must therefore give notice of any item that is not authentic within five (5) years of the item being sold. Any notification received after this period will not be admissible.

This guarantee shall apply to the Lot number and description as they appear in the catalogue, which may be amended during the auction and documented in the official sale record.

The Buyer is responsible for providing evidence that the Lot is not authentic. This evidence must be provided in the form of objective factors including opinions from independent experts who are recognised within the relevant field. In the event of any dispute regarding the expert opinion, the parties shall appoint an independent expert.

Where evidence is provided that the Lot is not authentic, AZ Auction shall reimburse the Buyer for the Total Purchase Price of the cancelled sale. Under no circumstances may AZ Auction be held liable for any loss of revenue or lost opportunities.

3.1.5. Public exhibition prior to the auction - Prior to any Catalogued or Web Auction, AZ Auction shall hold a public exhibition at its premises at 39B avenue des Casernes, 1040 Brussels, Belgium.

The public exhibition may be accessed free of charge during AZ Auction’s opening hours, in accordance with the information provided in the catalogue for the relevant auction. Clients may attend the exhibition to inspect any Lot for which they wish to bid. Clients may also arrange to meet the supervisors responsible for the auction in question.

3.1.6. Bidding instructions and telephone bids - Bidders may submit bidding instructions and, in the case of Catalogued Auctions, may bid by telephone. In the latter case, the Bidder must confirm their participation in the auction by letter or e-mail, disclose their identity and provide any information requested by AZ Auction, which reserves the right to request bank references.

Telephone bids will be accepted on condition that the Bidder is willing to buy the Lot for the lower appraisal value. When registering to make telephone bids, the Bidder also confirms a firm bidding instruction for the lower appraisal value. In the event that the Bidder is unable to answer the telephone when a Lot is put up for sale, AZ Auction may award the Lot to Bidder for the lower appraisal value. Along with the lower appraisal value, the Bidder may also agree a maximum amount excluding fees for which they would be willing to purchase the Lot; AZ Auction is authorised to bid in their place if they cannot be contacted by telephone.

The Bidder may not cancel a bidding instruction or telephone bid, both of which are deemed to be firm and binding instructions.

AZ Auction may not be held liable for any errors made by the Bidder, including when providing the Lot number or telephone number/s, nor for any communication problems and/or problems receiving letters or e-mails (telephone line engaged, lines down, mobile issues, etc.). The Bidder is aware of and accepts the risks inherent in this process.

Where two bidding instructions specify the same maximum bid for the same Lot, preference will be given to the instructions which arrived first.

AZ Auction undertakes to execute all bidding instructions received no later than 20:00 CET on the day before the auction. An automatic confirmation of receipt of the bidding instruction must have been received from AZ Auction in order for it to be executed.

3.2. Specific provisions for Catalogued Auctions - Catalogued Auctions are held on a given date in a physical location. They are held under the aegis of a legal supervisor and an auctioneer. A sale record is produced during the auction and shall prevail over any contradictory document.

In the event of any dispute, only the legal supervisor or the auctioneer present may decide to offer the Lot for auction a second time. Their decision is final and binding on all parties, and may not be appealed.

3.3. Provisions specific to Web Auctions - Web Auctions take place exclusively on an online platform. They are public and open to anyone who has registered in advance.

The bids are managed automatically by the IT system, in accordance with general bidding principles and under the supervision of a legal supervisor.

In the event of a dispute about the bids, the data recorded by the legal supervisor shall be sufficient as evidence and AZ Auction shall determine the winning Bidder on that basis alone. This decision is final and binding on all parties, and may not be appealed.

AZ Auction may cancel, postpone, extend or terminate a Web Auction without justifying its decision to potential or existing Sellers and Bidders.

AZ Auction may reopen the auction following an interruption, in particular if a problem prevents Users from enjoying full access to the Website, and may do so at a time and in a manner of its choosing.

4. Seller

The Seller must confirm that they are over 18 years of age and have legal capacity.

By signing the consignment slip containing the Terms and Conditions, the Seller explicitly confirms that they have taken note of the Terms and Conditions and accept them unreservedly and without qualification. The Seller must confirm that they have received a copy of the consignment and sale agreement.

4.1. Ownership of the Lot offered for sale and Seller’s assurances - The Seller declares and assures Million Belgique that the Seller is the sole and exclusive owner of the Lot/s being offered for sale, and that the Lot/s concerned are free from all liens and encumbrances. AZ Auction reserves the right to decline to sell and/or to exclude from the auction, without prior warning and with no obligation to justify its decision, any Lot where there are doubts of any kind regarding the quality, provenance and/or authenticity thereof.

The Seller has a duty to check that the description, appraisal value, content and condition of the Lots in the catalogue or on the Website are accurate, and to indicate any errors and/or propose amendments to AZ Auction in good time. Except in the event of AZ Auction failing to enter an explicit reservation from the Seller in good time, the Seller undertakes to indemnify AZ Auction against any claim made by a Bidder (including the Buyer) or any other third party.

The Seller formally undertakes not to bid or to arrange, directly or indirectly, for others to bid for an item/Lot that they are offering for sale.

4.2. Reserve price and withdrawal of Lots - The Seller is entitled to propose a reserve price for items offered for sale, i.e. a minimum price below which a Lot will not be sold. Subject to the agreement of AZ Auction, that reserve price will appear on the consignment slip. The reserve price may not be modified, unless the Seller and AZ Auction agree to do so. Under no circumstances will a reserve price be agreed for a Lot with an appraisal value of less than four hundred euros (€400).

If bids for the Lot do not reach the agreed reserve price, the Lot will be withdrawn from the auction. In such cases, the Seller is not entitled to receive any payment. AZ Auction retains the possibility of responding favourably to an offer made within 10 days following the Auction by a potential buyer, provided that it is at least in line with the reserve price, without having to inform the Seller prior to the sale (After-Auction Sale). AZ Auction reserves the right to propose that the Seller offer the Lot for sale again with a 30% reduction in the reserve price. Where the Lot is not offered for sale again, AZ Auction will invite the Seller to collect the Lot within 15 days. After this deadline and without further notice, a fee of two euros (€2) per day and per Lot shall be charged for any Lot that is stored at the premises of AZ Auction and is not collected within the stipulated period. AZ Auction may not be held liable for any loss and/or damage, howsoever caused.

4.3. Offering Lots for sale - Unless otherwise agreed by the parties, the Seller shall arrange and pay for the transport of the Lots offered for sale.

Unless previously agreed in writing by AZ Auction or stipulated in a court decision, under no circumstances may Lots offered for sale and included in a consignment slip be withdrawn before the auction.

Any Lot offered for sale is insured by Million Belgique from the time at which AZ Auction takes receipt of the Lot.

4.4. Paying the Seller and storage fees - AZ Auction undertakes to pay the Seller an amount equivalent to the hammer price of the Lot, minus the agreed auction fees, no later than thirty (30) days after the Buyer has paid in full.

Should the Buyer default on payment, AZ Auction may decide whether or not to proceed with a forced execution of the sale. If AZ Auction does not proceed, the sale shall be regarded as null and void, and the Lot will be returned to the Seller with no further compensation. In such cases, and at the request of the Seller, AZ Auction undertakes to offer the Lot for sale again under the agreed terms.

5. User

5.1. Registration requirements - The User must be over 18 years of age and have legal capacity. Only persons with the requisite legal capacity for making bids are authorised to use the Website.

5.2. Registration process - The User must register in order to access the services (Catalogued and/or Web Auctions), and the registration must be verified by AZ Auction.

The User must provide full and accurate details of their identity. The User must provide their name, address, telephone number, e-mail address, and valid identity card or passport to AZ Auction, together with any other information, including banking information, requested by AZ Auction. A natural person, legal person and/or proxy will need to provide different information. AZ Auction may not be held liable in any way for the smooth operation of the services if the User fails to provide all the relevant information.

A file is automatically generated when a User registers for a Catalogued or Web Auction; the file is held in the AZ Auction databases. Where there is any doubt about a User’s identity or the accuracy of their personal details, AZ Auction may temporarily suspend or remove their account.

5.3. Confidentiality - The User undertakes not to disclose any of their registration details to a third party, in particular their username and password. The User bears sole responsibility in the event of the loss of their details or disclosure to a third party.

If a User has reason to believe that their username and password are being used by a third party, they must inform AZ Auction as soon as they suspect any such use or potential use.

6. Bidder

The User must already have a verified User account and/or have registered for the Catalogued Auction.

Bidders can place bids in several different ways:

For Catalogued Auctions, bids may be made in person or in real time via the Drouot Online livestream broadcast, through bidding instructions and telephone bids.

For Web Auctions, bids may only be made via the Website or through bidding instructions.

The Bidder may not cancel any bids or bidding instructions.

7. Buyer

The Lot is awarded to the highest Bidder, who thereby becomes the Buyer.

The Buyer is deemed to be acting on their own behalf vis-à-vis AZ Auction, even for Lots that they may have acquired as a proxy or by another means.

8. Sale price and resale royalties (droit de suite)

8.1. All prices are stated in euros net of all fees and taxes. The sale is deemed to be agreed directly between the Seller and the Buyer for the hammer price plus the elements described below.

The Total Purchase Price comprises the hammer price plus:

For Catalogued Auctions, the auction fees listed in the relevant auction catalogue and in the INFO section on the auction page on the Website. In addition, the Buyer must pay a 2% premium (including taxes) for Lots sold via the DROUOT DIGITAL platform. The Buyer must pay a 3.63% premium (including taxes) for Lots sold via the INTERENCHERES platform.
For Web Auctions, the auction fee is indicated in the INFO section for each auction.

8.2. Until such time as the copyright enters the public domain, i.e. 70 years after the artist’s death, resale royalties must be paid to the creator or their beneficiaries when original works of art are resold at public auction. The Buyer is therefore liable to pay a resale royalty in addition to the sale price, net of tax, whenever the hammer price is equal to or greater than €2,000. The resale royalty operates on a sliding scale, which is set as follows:

4% for the part of the sale price up to €50,000;
3% for the part of the sale price between €50,001 and €200,000;
1% for the part of the sale price between €200,000.01 and €350,000;
5% for the part of the sale price between €350,000.01 and €500,0000;
25% for the part of the sale price in excess of €500,000.

The Bidder is responsible for ensuring that they are properly informed, and for obtaining relevant advice and information (for example by consulting https://www.resaleright.be/).

If it emerges that a resale royalty has not been paid despite being due to the creator, the Buyer must pay the royalty when first requested to do so by AZ Auction, and discharges AZ Auction from all liability and claims in this regard.

9. Payment, billing and VAT

9.1. As soon as possible following the sale of a Lot to a Buyer, AZ Auction will issue an invoice in the Buyer’s name setting out the Total Purchase Price payable. The invoice will be sent to the Buyer at the e-mail address provided. All invoices must be sent no later than five (5) working days after the sale date.

9.2. Since AZ Auction uses a VAT margin scheme, which applies to second-hand goods, works of art, antiques and collectors’ items, VAT, which is included in the sale price of the items, may not be deducted by the Buyer.

9.3. Once a Lot has been awarded to a Buyer, the risks are transferred to the Buyer and they are required to pay the amounts owed.

The Total Purchase Price must be received by AZ Auction no later than five (5) working days after the sale date.

AZ Auction accepts the following forms of payment:

Cash, subject to the prevailing statutory requirements (maximum amount: € 3,000);
Bank transfers to the AZ Auction account indicated on the sale record sent to the Buyer;
Cheques certified by a Belgian bank;
Electronic payments using a Belgian debit card.

The Buyer bears sole responsibility for the successful completion of payments for Lots purchased and may not invoke a mistake, a problem or IT fraud of any kind.

The Buyer must bear the cost of any bank transfer fees, including international transfer fees.

Ownership of the Lot will only be transferred to the Buyer once the Buyer has paid the Total Purchase Price in full.

10. Storage, transport and collection of Lots

Once paid for in full, Lots must be collected by the Buyer either during the auction or by appointment no later than five (5) working days after being sold.

AZ Auction does not arrange shipping for purchased Lots. The Buyer shall bear the risk associated with the specific transport arrangements chosen for shipping the Lot. On request from the Buyer, AZ Auction will provide contact details for several carriers; the Buyer is responsible for making shipping arrangements with their chosen carrier direct. AZ Auction may not be held liable for any damage that may occur during the storage, packaging, handling or transport of purchased Lots.

The Buyer bears sole responsibility for any authorisations required in order for the Lot to be transported outside of Belgium.

11. Failure to pay for or collect Lots

Where the full payment for the Lot is not received within the aforementioned period and where formal notice has been given to no effect, AZ Auction shall, if necessary, begin proceedings to recover the amount owed plus the statutory interest on arrears applicable on the sale date and debt collection fees (bailiffs, procedural costs, costs of summons and subpoenas).

Furthermore, AZ Auction is authorised to take, entirely at its own discretion, and without prejudice to all other rights and actions, one of the following measures:

Cancellation of the sale on grounds of the Buyer defaulting, with all costs, damages and interest being borne by the defaulting Buyer;
Resale, whether by auction or not, whereby the defaulting Buyer is exclusively liable for the cost of any shortfall in relation to the first sale, and for all costs involved in the resale.

A fee of €2 per day and per Lot shall be charged for any Lot that is stored at the premises of AZ Auction and is not collected within the aforementioned period. AZ Auction may not be held liable for any loss and/or damage, howsoever caused.

AZ Auction undertakes to provide the Lot to the Buyer or their proxy as soon as full payment has been received for the said Lot. Where payment has been received but the Lot has not been collected within one calendar year following the auction date, AZ Auction may offer any Lot for sale again, whereby the resale fee shall apply. The proceeds from the sale, less the fee and storage costs, shall be paid to the account that was originally used to pay for the Lot.

12. Combating money laundering and the financing of terrorism

Auction houses are required to comply with the rules on combating money laundering and the financing of terrorism when selling works of art and furniture dating back more than 50 years and where the sale price, or upper appraisal value, is at least €10,000. In the case of the Bidder, the criteria apply to each Lot that is awarded to them.

The Seller, the Bidder and/or their proxy undertake to provide all information requested by the auction house in order to comply with the latter’s legal obligations in relation to combating money laundering and the financing of terrorism. The Seller, the Bidder and/or their proxy undertake to voluntarily provide all documents needed to confirm their identity and the source of the funds. The Seller must supply all of the information that they have relating to the origin of the goods in question.

The Seller, Bidder and/or their proxy expressly authorise the auction house to make copies of and retain the information provided. As this statutory requirement applies to all parties, the Client may not invoke GDPR as a reason for refusing to provide the relevant information.

The information to be provided by the Client will vary depending on whether the Client is a natural person, legal person and/or proxy. For the purposes of this relationship, the Client must proactively notify the auction house as soon as possible of any change in their circumstances and provide evidence thereof.

Where the auction house has grounds to suspect that the information pertains to money laundering or the financing of terrorism, the auction house has a duty to report the relevant details to the Financial Intelligence Processing Unit. Where necessary, the transaction shall be cancelled or suspended and the individual/s in question (Buyer and/or Seller) may not object.

13. Provisions specific to the ban on sales of Lots to Russia

AZ Auction strictly applies the legislation banning the sale of goods and services to Russia.

14. Website

The Website is governed by Belgian law and as such is not guaranteed to comply with legislation in other countries. The User bears sole responsibility for complying with the applicable local legislation and regulations.

AZ Auction does not guarantee that the Website will be error-free and run without interruption, nor that the content and functions will be accessible at all times with no disruption or outages. AZ Auction may not be held liable in the event of a Website malfunction that is outside of AZ Auction’s control, nor for any errors found on the Website. The use of the Website and its functions may be impaired by a number of factors, in particular for Web Auctions or bids placed online on the Website. In addition to force majeure, these include but are not limited to technical problems making it impossible to access all or part of the Website and/or for the bidding process to run smoothly (for Catalogued or Web Auctions) as a result of disruption to the Internet or telephone connection, or of a virus, errors, faults, etc.

AZ Auction may at any time and without warning or prior notice, modify, adapt or remove all or part of the Website’s content and functions, and/or temporarily take it out of service or restrict its use, in particular if AZ Auction deems it necessary to do so for reasons such as carrying out maintenance, repair or (re)construction work.

15. Privacy policy

15.1. The services provided by AZ Auction entail the processing of Data, whereby AZ Auction is the data controller. When using services provided by AZ Auction, the following Data may be collected:

First and last name, and a copy of a valid identity card or passport, in order to verify the User’s identity;
Postal address, e-mail address and any similar information that is necessary or useful for completing the contract and responding to requests sent to AZ Auction;
Telephone number;
Bank account details (IBAN and BIC);
More generally, any information provided voluntarily when using the Website or services, or when making any request via the Website, together with any information provided to AZ Auction by e-mail, by post or on the telephone.

AZ Auction does not intend to collect sensitive Data.

The Data is collected in order to:

Create, monitor and manage a User account, in accordance with the consent given by the User, so as to allow the User to access the services provided via the Website, in particular Catalogued and Web Auctions;
Manage and monitor auction sales on behalf of both the Bidder and Seller, for contractual reasons;
Manage tax and accounting details relating to transactions;
Send newsletters, in accordance with the consent given by the User, who must actively tick the specific check boxes to subscribe. Where similar Lots have been purchased previously, AZ Auction may, on grounds of legitimate interest, send a newsletter to the User without their express consent. The User may withdraw their consent at any time;
Maintain the security of the Website, in accordance with AZ Auction’s legitimate interest in detecting and preventing malicious cyberattacks;
Engage in debt collection measures in cases of non-payment, both preventative (adding a User to a blacklist) and remedial measures (seeking to complete the sale), in accordance with the legitimate interests of AZ Auction.

The Data is stored in a secure environment in order to be processed securely. The Data may be processed by AZ Auction, and by specialised data processors that perform certain services for AZ Auction. The data processors are required to follow AZ Auction’s instructions and to comply with its privacy policy.

The Data may not be sold or shared with third parties other the data processors. AZ Auction may keep the User’s Data for at the least the time necessary for business purposes and for the requisite statutory periods, in particular for the purposes of tax audits. AZ Auction has put in place appropriate technical and organisational security measures to avoid the destruction, loss, falsification, modification, unauthorised access by third parties, or erroneous disclosure to third parties of the Data collected, and to prevent any unauthorised processing of that Data.

In the event of a privacy breach, AZ Auction undertakes to notify the Data Protection Authority of the breach as soon as possible. Where a data breach could increase the risk to the rights and freedoms of the Users whose data has been collected, AZ Auction shall inform the Users as soon as possible. With the exception of legitimate processing purposes (contractual necessity, tax liability, etc.), the User is entitled, at any time:

To access their Data, by requesting that AZ Auction provide the said Data in an accessible format, together with all information pertaining to the collection and processing of their Data;
To ask AZ Auction to correct, add to or update their Data where it is inaccurate, incomplete or out of date;
To ask AZ Auction to erase their Data without undue delay;
To ask AZ Auction to limit the processing of their personal Data, which may only be retained in order to verify the accuracy of the disputed personal Data and to be used in the context of the dispute, or to exercise or defend legal claims.

However, those rights are not absolute. All requests will therefore be considered on a case-by-case basis.

The User has the right to receive the Data provided to AZ Auction in a structured, commonly used, machine-readable format, and to send that data to other data controllers.The User may exercise their rights by contacting AZ Auction by e-mail at [email protected] or by post at avenue des Casernes 39B, 1040 Etterbeek (Belgium), enclosing a copy of their identity card.

AZ Auction will provide information about the measures taken in a timely manner and no later than one (1) month from the date on which the request was received; this deadline may be extended in light of the complexity of the request, provided that the User is notified in advance.

The User has the right to lodge a complaint with the Belgian Data Protection Authority, which can be contacted at the address below without prejudice to any civil law proceedings:

Data Protection Authority (APD), rue de la Presse, 35, 1000 Brussels; Tel: +32 (0)2 274 48 00; e-mail: [email protected].

15.2. A cookie is an encrypted file that is generated when visiting a website; cookies are processed and stored by the browser on the computer or mobile device used, and are designed to improve the User's browsing experience. The file keeps a record of the website visited and contains a number of details about that visit.

Cookies may be downloaded to the User’s computer or mobile device when they visit the Website.

The cookies used on the Website serve primarily to ensure the proper functioning of the Website (session and technical cookies).

The User may choose not to accept cookies on their computer, but the decision may alter their browsing experience and prevent them from accessing certain services on the Website. The User may change their preferences at any time by clicking on “Cookie preferences” at the foot of each page on the Website.

16. Intellectual property

The Website, including the Web Auctions system, the associated software and content, is the property of AZ Auction.

Copying, downloading or sharing any information contained on the Website without the written consent of AZ Auction is forbidden.

The illustrations in the catalogues and on the Website are subject to copyright, which may be held by the photographer or AZ Auction. These illustrations may not be used for any purpose whatsoever without the express written consent of AZ Auction.

The descriptions of the Lots are also subject to copyright and may only be used with the consent of AZ Auction.

AZ Auction reserves the right to prosecute any cases of counterfeiting, unfair competition or parasitic competition which infringe on its copyright.

17. Miscellaneous

Should one or more clauses of the Terms and Conditions be or become, in whole or in part, void, unenforceable or invalid for any reason, that clause shall not affect the validity of the other provisions of the Terms and Conditions. AZ Auction will proceed in good faith to replace the clause with another provision that has an equivalent economic and legal effect.

18. Dispute resolution

These Terms and Conditions are available in French, Dutch and English. Where there is any contradiction between the French version and any other version or translation, the French version shall prevail.

These Terms and Conditions are governed by Belgian law.

In the event of any difference in interpretation or execution of these Terms and Conditions, the Client and AZ Auction will seek to reach an amicable agreement wherever possible. As a Consumer, the Client may appeal to the Consumer Mediation Service. Where the parties are unable to reach an agreement, the courts of the judicial district of Brussels, sitting in French, shall have exclusive jurisdiction to deal with any disputes, exclusively in accordance with Belgian law.

Last updated: 26 September 2024