Terms and conditions

1. Sales Conditions Ostantix Auctions
   • Organizer
     • Ostantix Auctions BV
     • Address: Torhoutsesteenweg 553, 8400 Ostend, Belgium
     • VAT number: BE 0795.478.687
     • Phone Kenneth: +32 (0) 498 22 92 21
     • Phone Glenn: +32 (0) 494 26 21 47
   • Contact Information
     • Email Info: info@ostantix-auctions.com
     • Email Accounting: accounting@ostantix-auctions.com
   • Auction Process
     • The auction takes place according to the usual Belgian conditions for auctions.
   • Payment
     • Payment must be made no later than five working days after the invoice got send out.
     • According to the anti-money laundering law, amounts from €3,000 must be paid by cheque, credit card, or bank transfer.
   • Bidding rules
     • Bids in the auction room always have priority.
     • Foreign bidders must identify themselves at least 24 hours before the auction.
     • A bank guarantee may be required in certain cases.
   • Bidding Possibilities

All bidding possibilities listed below are offered as a convenience to our clients, and Ostantix Auctions cannot be held liable for any errors (technical, human, or otherwise), omissions or breakdowns while providing these services.

• Telephone bids (25% Buyer’s Premium applies):
  • Bidding by telephone must be submitted to the auction house no later than 24h before the auction date.
  • In the event of simultaneous floor bids during the auction, the floor bid will be prioritized.
• Absentee bids (25% Buyer’s Premium applies):
  • Absentee bids are to be handed to the staff during the visit days or sent to the auction house no later then 24h before the auction date.
  • In the event of identical written bids, the earliest bid received will be prioritized.
  • In the event of simultaneous floor/phone/online bids during the auction, the written bid will be prioritized.
  • If a written bid does not comply with our bidding steps (see chapter 7 for more details), it will be rounded up to the next valid bid according to our bidding increments. For example, a bid of 1,540 euros will be adjusted to 1,600 euros.
• Online bids (26-30% Buyer’s Premium applies):
  • By bidding through external Bidding Platforms, the bidder agrees to pay the following internet surcharge fees in addition to the buyer’s premium
    • LiveAuctioneers +5%
    • Invaluable +5%
    • Lot-tissimo + 5%
    • Drouot +1,5%
    • Bidspirit +1%
    • EpaiLive + 3%
  • If two bids of the same value are placed simultaneously, the bid received first by the auctioneer will be accepted.
• Bidding Steps:
  • Bids proceed according to the following steps:
    • 0-199 Euro: + 10 Euro
    • 200-499 Euro: + 20 Euro
    • 500-999 Euro: + 50 Euro
    • 1000-1999 Euro: + 100 Euro
    • 2000-4999 Euro: + 200 Euro
    • 5000-9999 Euro: + 500 Euro
    • 10000-19999 Euro: + 1000 Euro
    • 20000-49999 Euro: + 2000 Euro
    • +50000 Euro: +5000 Euro
  • Deviations are only possible after approval of the auctioneer and cannot be disputed.
• Statement of lots:
  • Goods are sold in their current condition at the time of assignment.
• Desciption of lots:
  • The description, condition report and any other statement made by us (including artist, period, materials, dimensions, or provenance) are our opinion only and are not to be relied on as a statement of fact.
  • Buyers are encouraged to inspect the goods personally or request more details via a condition report at least 24 hours before the auction day.
  • Complaints about condition, catalogue description, or dating will not be accepted after assignment.
  • All dimensions and weights are approximate only
  • We do not provide any guarantee concerning the nature of a lot
• Condition of lots
  • Goods are sold ‘as is’ at the moment of the adjudication. The condition of lots can vary due to age, previous damage, restorations, or general signs of use. This implies that lots offered will rarely be in perfect condition.
  • Every bidder is expected to consult the condition report found on each lot before bidding. Additional information (and/or pictures) need to be requested at least 48 hours before the auction. A missing condition report does not imply perfect condition.
  • We conduct all condition reports with the highest level of care; however, they should be regarded as incomplete. These reports are provided solely as a guideline and are offered free of charge to assist in assessing an item’s condition. All condition reports represent our opinion only and should not be considered a substitute for personal inspection or professional evaluation.
  • Buyers should be aware that photos may not accurately reflect an item’s true appearance due to variations in color perception, lighting, screen settings, and possible lens distortion. As a result, returns based on color deviations or lens distortion will not be accepted.
• Damaged Goods during Viewing Days/Auction Days:
  • Interested parties who damage a lot must report this immediately.
  • Failure to report damages may result in legal action.
  • Compensation may be required up to the high estimate plus 27.5%.
• Collection of Goods:
  • Buyers are responsible for their goods after assignment.
  • Collection times will be announced after the auction.
• Identification:
  • Buyers must identify themselves correctly.
  • Bidding numbers are available shortly before the auction.
  • Personal information is treated discreetly and not shared.
• Own Responsibility:
  • Buyers are expected to purchase at their own expense.
  • A placed bid is legally binding.
• Disputes:
  • Disputes are settled by a bailiff/notary without recourse.
• Resale Right:
  • For original art, a resale right applies where the author is either a living EU artist or has passed away within the last 70 years.
  • The fee is calculated as follows:
    • 4% on the portion of the sale price between €2,000 and €50,000
    • 3% on the portion between €50,000.01 and €200,000
    • 1% on the portion between €200,000.01 and €350,000
    • 5% on the portion between €350,000.01 and €500,000
    • 25% on the portion above €500,000
  • The maximum resale fee is €12,500.
  • Even if not collected at the time of invoicing, buyers may still be required to pay this amount up to five years later.
  • More details can be found at resaleright.be.
• Payment Methods:
  • Cash (up to €3,000)
  • By transfer (transfer costs are borne by the buyer) to:
    • IBAN: BE98 7370 6709 9993
    • BIC: KREDBEBB
    • Beneficiary: Ostantix Auctions BV
    • Bank: KBC Bank
  • Payment card in person at the auction hall.
  • Payment card online.
• Late Payment Interest and Costs:
  • Invoices unpaid after 30 days will incur:
    • An administrative fee of €25 per lot
    • 5% interest on the total invoice amount
    • An additional 1.5% interest every 14 calendar days thereafter.

Storage Policy:

• Buyers have 30 days to collect purchased items.
• After 30 days, a storage fee of €5 per lot per day (excl. 21% VAT) applies, even if fully paid.
• Buyers must arrange a collection appointment to avoid charges.
• From the moment a lot is assigned to a buyer, the buyer is fully responsible and liable for the item, including any risks associated with it.
• Purchased items must be collected within 30 days after the auction. If an item is not picked up within this timeframe, it will be moved to a designated storage facility at the buyer’s risk and expense.
• Once transferred to storage, Ostantix Auctions is not liable for any loss, theft, damage, fire, or other incidents affecting the items. Any storage costs incurred will be charged to the buyer, and the item will only be released upon full payment of these fees.
• Failure to collect the item within 3 months may result in resale or disposal, without compensation to the buyer.

• Merchant Identification:
  • Traders must identify themselves as such upon receipt of their buyer number.

• Cancellation of Purchased Lots

  When a buyer decides to cancel an assigned lot or refuses to take delivery, the full Buyer’s Premium always remains payable.
  A cancellation is not considered a valid dissolution of the purchase. The buyer remains responsible for:

  • The full Buyer’s Premium (25% for floor, telephone, and absentee bids / 26–30% for online bids).

  • Any costs already incurred for the lot (administration, storage, handling).

  If a lot must be reoffered in a subsequent auction due to cancellation, the buyer who initiated the cancellation remains fully liable for all costs and any loss in value, as described in the Non-Paying Buyers section.
  If the lot achieves a higher price in the reauction, the cancelling buyer has no right to claim the difference.

• Non-Paying Buyers:
  • If the invoice is not paid within thirty (30) days, the purchase will be cancelled, and the lot may be offered again in a subsequent auction. 
  • In the event of non-payment of a purchased lot, the default resale procedure will be initiated, and the item will be reoffered in a subsequent auction. Until the item is resold, the original buyer remains fully responsible for the lot and its associated obligations.
  • The defaulting buyer remains liable for the costs of the initial sale, including the 25% auction fee, and is responsible for any shortfall if the item sells for a lower price in the second auction. Additionally, the buyer is still responsible for any difference in incurred expenses, such as administrative and storage costs.
  • If the lot achieves a higher price upon resale, the original buyer has no right to claim any surplus. Once the lot is assigned to a new buyer, the initial sale is retroactively nullified. Ostantix Auctions reserves the right to take further legal action against defaulting buyers.
• Customs Regulations:
  • Buyers must adhere to their country’s customs rules.
  • The auction house is not responsible for export issues.
• CITES Regulation:
  • Buyers and sellers must be aware of CITES regulations regarding protected materials (ivory, rhino horn, taxidermy, etc.).
• Acceptance of Terms:
  • By participating, all buyers agree to these conditions.
• Right of Refusal:
  • The auction house may refuse bidders or require a deposit.
  • Deposits will be deducted from the final invoice or refunded after the auction.
• Legal Jurisdiction:
  • Belgian law applies.
  • The Court of Bruges has exclusive jurisdiction over disputes.