Sales conditions for auctions

Payment by bank transfer, debit card, Visa or Mastercard credit card.
Payment in cash up to 3000 EUR.
For buyers in Europe and USA, payment by bank transfer or by link - SAFERPAY Worldline (Visa and MasterCard).

We can organize packing and forwarding of the purchases. Goods will be send only after full payment; packing and dispatching are entirely at the buyer’s own expenses and risks. By default, we ship the lots without frame and glass unless instructed otherwise. If you want your lots to be shipped with an insurance, or with their frames and glasses, please contact a specialized shipping company.

Maître Ph. Boulet, INTERVENTUS, Bailiffs at Liege. Participation in the bidding implies unconditional acceptance of the following terms of sale :

The highest bidder - the last bidder - is the successful bidder. He has the obligation to pay the auction price for the lot in cash, plus 25% for costs and VAT. The auction house maintains the right to refuse any bid, to take any decision , to group or withdraw lots without justifying its decision. According to the law of 30 June 1994 on authors’ rights, the Buyer shall pay in addition to the hammer price an Artist Resale Right (droit de suite) of 4% on the part of the hammer price from 2,000 €. The “droit de suite” is over when the artist died for more than 70 years. In the event of “live” auctions, the Auction House will charge the buyer an additional commission: 1.5% for Drouot Digital, 5% for Invaluable and 3% for Interencheres. In the event of an Online Drouot auction, the costs will be 3%.
The auctioneer may refuse any auction, proceed to any decision, grouping or withdrawal of lots without having to justify its decision.
Works for sale match the description in the catalogue and are complete, except if indicated otherwise. Works in a lot are not collated.
Works up for sale that have been exhibited in accordance with the catalogue description cannot be consulted or examined during the sale.
In case of contention, or a bidding error, the lot will be called out again. The Bailiff or Notary in attendance has final say, and his decisions cannot be appealed, regardingall disputes that might occur concerning the bidding during the auction.
LHOMME Auction House, 9 rue des Carmes, 4000 Liege will, under the usual conditions and fees, place orders for parties unable to attend the auction.
Numerical order will be followed.
Buyers are required to pay for and pick up the attributed lots within 10 working days following the auction. After this time, the auction house has the right, without formal advance notice to put the lots that have been paid for, but not picked up, up for sale again. Notwithstanding legal proceedings for payment from the defaulting buyer, within the indicated deadline, unpaid lots can be put up for sale again when the auction house judges opportune to do so. In this case, the buyer will have to pay the potential difference in price as well as all costs and outlays for the sale necessary to sell the lot again. He cannot claim the surplus, if there is one. Buyers who have paid for their lots but do not take delivery within 10 working days will be charged custody fees (10.00 euros per lot and per month).
Bills and bank statements are payable in full. For any unpaid sum that is due, interest will be added, by right, with no advance formal notice at the rate of 1% per month. Moreover, in the case of non-payment of the owed amounts when due, by right, there will be additional charges of a lump sum amount of 15% for contractual damages and interest, with a minimum of 60€, in addition to late interest.
Payment in full will be required before the lot can be picked up.
LHOMME Auction House is a subscriber to the TEMIS Service, which allows users to view and make additions to the Auction access restriction file ("TEMIS File"), maintained by Commissaires-Priseurs Multimédia (CPM), public limited company with executive board, with registered office at 37 Rue de Châteaudun, 75009 Paris, listed on the Paris Trade and Companies Register under number 437 868 425.
All auction sale invoices remaining unpaid after LHOMME Auction House or subject to delays in payment may be added to the TEMIS File.

• Legal basis and purpose of the TEMIS File
The TEMIS File records instances of non-payment of auction sales invoices (e.g. payment delays or defaults) across all modes of bidder participation (i.e. in-person or remote) and may be viewed by all auctioneers who subscribe to the service.
Where a bidder fails to settle an auction sales invoice by the due date indicated on the invoice, LHOMME Auction House may initiate the listing procedure.
LHOMME Auction House operates and uses the TEMIS File in the legitimate interests of TEMIS Service subscribers to prevent instances of non-payment and to protect the auction process.

• Organisations authorised to view the TEMIS File (beneficiaries)
The TEMIS File may be viewed by any sales organisation that is subscribed to the TEMIS Service (professionals and companies qualified to organise public sales events in accordance with applicable law and regulations, including Book III, Part II of the Commercial Code, "Auctions" (hereinafter "Professional Subscribers")), who seek to protect against instances of non-payment and safeguard their auction processes.

• What happens if a bidder is listed on the TEMIS File
Where a bidder is added to the TEMIS File, LHOMME Auction House may make access to auctions contingent on the use of payment methods or specific guarantees, or it may prevent the bidders from participating in auctions for which such guarantees cannot be provided. Bidders listed on the TEMIS File may face restrictions to their bidding activity at auctions operated by auctioneers with a Professional
Subscription to the TEMIS service. This shall also result in temporary suspension of access to the www.interencheres.com and www.auction.fr live services, operated by CPM, in accordance with the general terms of use for these platforms.

• Duration of listing
The length of time for which a bidder is listed on the TEMIS File depends on the number of unpaid auction sales invoices payable to Professional Subscribers to the TEMIS File, the total amounts owed, and their payment status (i.e. paid/unpaid). The duration of listing on the TEMIS File shall be reduced where the Bidder settles all instances of non-payment. It shall be increased where multiple unpaid auction sales invoices are listed against the bidder on the TEMIS File.
An unpaid auction sales invoice shall be automatically deleted after 24 months at most where the bidder is included on one listing only, and after 36 months at most where the bidder is included on multiple listings.

• Responsibility
In the enforcement of data protection legislation, CPM and LHOMME Auction House both act in the capacity of data controller.
CPM is responsible for operating and maintaining the TEMIS File, which involves collecting subscriber data, sharing and communicating the personal data collected, as well as ensuring the protection of information systems hosting the TEMIS File.
LHOMME Auction House, as a subscriber, is responsible for its use of the TEMIS File, which in particular includes communicating personal data regarding auctions to CPM for the TEMIS File listing procedure, updating and checking the accuracy of data, and reusing information on the TEMIS File.

• Rights of bidders
Bidders can find out if they are listed on the File or contest their listing by submitting a request in writing accompanied by proof of identity in the form of a copy of a relevant identity document:

• For listings added by LHOMME Auction House: by post to Salle de vente LHOMME, 9 rue des Carmes. 4000 Liège. Belgium, or by email to librairie@michel-lhomme.com

• For listings added by other Professional Subscribers: by post to CPM, 37 Rue de Châteaudun, 75009, or by email to contact@temis.auction.

All requests by Bidders to exercise their right of erasure, restriction or objection under applicable data protection legislation, as well as all other objections to a listing, must be sent to the Professional responsible for the listing, who shall forward an update request to CPM. In the event of difficulties, the bidder may contact CPM, who will handle the bidder’s complaint, attaching all details and supporting documentation.
The Bidder may also submit a complaint regarding their listing on the TEMIS File to the French Data Protection Authority (CNIL) [3 Place de Fontenoy, TSA 80715, 75334 Paris, Cedex 07, www.cnil.fr].
For more information on the TEMIS File, bidders can view CPM's privacy policy, available at www.temis.auction.

• Bidder contact details
Important notifications relating to the auction process will be sent to the email and/or postal address that the bidder provides the auctioneer at the time of auction. The bidder must notify LHOMME Auction House of any changes to their contact details.
All bidders are reputed to act in their own name and are held personally responsible for pay- ment of the lots that are sold to them in whatever manner. They must pay the total amount in Belgian currency or with a certi- fied check before removing the lots, and this within the foreseen time period stated in article 8. In the case of payment with a non-certified check, the auction house has the right to defer delivery of goods sold until the check has been cashed. The objects will remain at the risk of the buyer during this additional time period.
By decision of the Association of Auction houses of 30 November 1984, the splitting of bills after the sale is not accepted, and only purchase orders presented to the auction house or its delegate will be taken into consideration.
To conduct business, LHOMME Auction House needs to record data about you. We grant the utmost importance to the protection of your privacy. Processing your personal data is done in compliance with the European legislation on the protection of privacy, the General Data Protection Regulations (GDPR).
LHOMME Auction House has access to the TEMIS platform operated by Commissaires-Priseurs Multimédia (CPM) for the purposes of handling the recovery of unpaid invoices. In this context, where there is a delay to payment, the personal data of bidders, or their representatives (e.g. name and contact details, auction information, invoices, etc.) may be shared with CPM for the purposes of collecting unpaid amounts. CPM acts as a processor as defined by the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016).
In case of contention, the courts of Liege will have sole jurisdiction.

Removal of lots

Sales conditions for auctions