In these general terms and conditions, the following definitions apply:
Adams: the auction house Adams Amsterdam Auctions and represents all auctions organized in collaboration with other (private) parties, such as NRC Veilingen (the collaboration of NRC Media BV and Adams Amsterdam Auctions BV);
auction: the public auction of movable property;
lot/consignment/consigned object: the objects to be auctioned or a composition of objects;
consignor: the person who offers the consignment for auction by Adams;
hammer price: the amount for which the lot is allocated;
minimum price: the minimum amount agreed between Adams and the consignor for which the lot may be sold;
sales agreement: the agreement in which the agreements between the consignor and Adams are laid down. It also serves as proof of delivery and insurance of one or more lots;
aftersale: the sale of unsold items for four weeks after the auction;
website: the website of Adams Amsterdam Auctions and NRC Veilingen as well as the website of Invaluable insofar as information from Adams Amsterdam Auctions is presented. This applies in particular, but not exclusively, to the catalogues and the therein offered descriptions and images.
Conditions of Consignment
Article 1: Applicability
1.1 The following terms and conditions apply to all consignments intended for sale by Adams. Adams shall not be liable to any obligations other than those set out in the General Terms and Conditions.
1.2 Deviation from these general conditions is only possible if expressly stated so in writing by Adams.
1.3 The applicability of the general terms and conditions is made known to the consignor by publication on the website. By submitting consigned objects and/or participating in an auction the consignor declares to fully accept the applicability of these terms and conditions.
Article 2: Consignment
2.1 Only if the consignor and Adams have reached a sales agreement, the submitted object will be considered a consignment. Submission of documents via website is not binding and no sale or consignment conditions apply. Just as the consignor retains all rights, Adams has the right to decide, without statement of reasons, to not auction the submitted item.
Article 3: Sale
3.1 Consignor authorises Adams to sell the lot with due observance of these auction conditions.
3.2 Adams will offer the lot in an appropriate auction and, on behalf of the consignor, will sell the lot to the party that makes the highest bid, unless it is below the reserve price specified in the consignment contract. If not stated otherwise in writing, the starting bid is the minimum/reserve price.
3.3 Adams is free to determine whether, when and in which auction the lot will be offered for sale.
3.4 Adams is entitled to make announcements and to distribute descriptions and images of the consignment in its sole discretion.
3.5 Adams has the right to remove one or more lots from the auction without stating reasons.
Article 4: Aftersale and private sale
4.1 Adams is entitled to offer a lot that has not been sold during the auction in the aftersale for a fixed price. In this case too, the minimum/reserve price (starting bid) agreed with the consignor applies as the lowest amount for which the item can be sold, unless new agreements have been made with the consignor in this regard or the difference between the allocated amount and the minimum price is borne by Adams.
4.2 Adams has the right to privately sell a lot that has not been sold at auction in compliance with the conditions agreed with the consignor, or to re-auction it at another time. As a rule, all items that are still unsold at the start of the aftersale will be offered to the public for a fixed price.
Article 5: Liability
5.1 Consignor declares that he is fully authorised to dispose of the submitted consignment. All expenses associated with illegal submission as well as compensation for the loss of revenue (commission and buyer’s premium) will be borne by consignor.
5.2 The consignor is fully liable to Adams for damage and costs that are the result of any deviation, inaccuracy, incompleteness or lack of information provided by the consignor to Adams about the origin, condition and quality of the lot offered.
Article 6: Client Survey (Wwft)
6.1 Adams is entitled to conduct a customer due diligence, as set out in the Wwft (The Dutch equivalent of Money Laundering and Terrorist Financing (Prevention) Act). Adams may request the consignor to confirm his or her identity with a valid proof of identification. All the data is gathered and recorded in compliance with General Data Protection Regulation (GDDR).
6.2 Adams is indemnified against claims by third parties as a result of investigations conducted by Adams in the context of the Wwft.
Article 7: Withdrawal by consignor
7.1 If the consignor wishes to withdraw a lot for which an auction agreement has already been concluded, the consignor will compensate for the loss of revenue (commission and buyer’s premium) and other costs incurred and agreed upon.
7.2 After publication of the catalogue, the withdrawal of lots by the consignor is no longer permitted.
7.3 Contrary to Article 4.2, the consignor is entitled to withdraw a lot that has not been sold in the auction under the condition that Adams will be compensated for the loss of revenue (commission and buyer’s premium).
Article 8: Dissolution
8.1 Dissolution of the sale and restitution is only possible if the buyer demonstrates to Adams' satisfaction within thirty days of the auction date such defects in the lot or in the description that the buyer would have renounced the purchase or the auctioned lot could only be sold at a significantly lower price if the defects had been known to him at the time of the auction.
8.2 The consignor irrevocably authorises Adams to demand cancellation of a sale and to withdraw the lot if the buyer fails to meet his payment obligations arising from the sale.
8.3 In the event of dissolution of the sale pursuant to this article, the lot will be considered unsold and the consignor is obliged to immediately repay to Adams what has already been paid to him in this regard.
Article 9: Proceeds
9.1 Consignor is entitled to the proceeds realised when the lot is sold, reduced by the following charges:
Commission: There is a commission payable to Adams for individual pieces, which depends on the appraised value and is agreed with the consignor prior to the auction.
Insurance costs: As a contribution to the costs of insurance against loss or damage to the lot, Adams will charge a fixed surcharge of 1% of the hammer price. The insurance is limited to goods stored in the premises of Adams and covers the final price for the lot - the hammer price. If loss or damage occurs before the hammer price has been determined, or if the lot remains unsold, the insured value will be the appraised value (this is the average of the high and low estimate). If the lot remains unsold after an auction/aftersale and is not collected by the consignor within ten weeks after the auction date, Adams does not take any further responsibility for insurance of the item. Adams is not liable for damage to frames and/or glass, nor for damage to packaging.
9.2 The consignor is not entitled to payment of the proceeds of a sold lot until after the buyer has fulfilled his payment obligation.
The following auction terms apply to all sales by Adams, including the auction and aftersale.
Article 1: Applicability
1.1. These General Terms and Conditions apply to all relations between Adams and the buyer, including those pertaining to purchase, sale, mediation, valuation, examination, appraising, cataloging and storage. “Buyer” in this case, is also understood as the prospective buyer who participates in the auction.
1.2 Deviation from these General Terms and Conditions is only possible if expressly stated so in writing by Adams.
1.3 The applicability of the general terms and conditions is made known to the buyers by publication on the website and online catalogue. By bidding at auction the buyer declares to fully accept the applicability of these terms and conditions.
Article 2: Information/investigation obligation
2.1 Descriptions in the catalogue and any written or oral information are provided by Adams and its personnel to the best of their knowledge.
2.2 Before the purchase, the buyer must thoroughly inspect the condition and description of a lot in the catalogue, or seek expert advice if applicable, and form his/her own opinion about the extent to which the object corresponds with its catalogue entry. The buyer should not rely solely on the descriptions and photos provided in the catalogue.
Article 3: Catalogue
3.1 Adams reserves the right to change the catalogue entries up to two hours before the start of the relevant auction date. From that moment on, the published text is binding.
3.2 If certain defects or imperfections are stated in the catalogue, this is intended to be an indication that is not exhaustive and from which the buyer cannot derive any rights. The lack of a condition description is in no way a guarantee for the integrity or completeness of the lot. If notations of signature, date, title or such annotations are not included in the description, this implies the absence of such annotations of the concerned lot, no rights can be derived from this either.
Article 4: Viewing days
4.1 All objects can be physically examined at the auction house or during the viewing days before the auction closes. Each bidder has ample opportunity to verify the catalogue descriptions before the auction. Therefore, any right of withdrawal on grounds other than those mentioned in article 10.1 lapses. This means that withdrawal from sale is only possible if the description deviates substantially from the nature and/or condition of the lot.
Article 5: Bidding
5.1 The estimates provided are intended as an indication of yield and as a guide to bidding, they are not limits or selling prices. Absentee bids must at least amount to the starting bid price. Most lots have a starting/reserve price - below the low estimate.
5.2 Prices are in Euros. Bids are raised by fixed increments. Up to €100 the increment is €5, from €100 to €200 the increment is €10, from €200 to €300 the increment is €20, from €300 to €500 the increment is €25, from €500 to €1.000 the increment is €50, from €1.000 to €2.000 the increment is €100, from €2.000 to €5.000 the increment is €200, from €5.000 to €10.000 the increment is €500, and from €10.000 upwards the increment is €1.000.
Article 6: Purchase
6.1 The hammer price is binding for all parties. The highest bidder is the buyer. In the event of a difference of opinion, the auctioneer remains the only one entitled to designate the sale price and the buyer. He has the right to correct himself in the event of error, as well as to refuse an offer without a statement of reasons.
6.2 Each bidder is deemed to purchase for its own account and cannot rely on instructions of others. Each buyer is held to buy for his own account and cannot claim any commission. The auctioneer will carry out orders from those who cannot attend the auction at no cost.
Article 7: Bidding online
7.1 Winning bidders pay a buyer's premium over the hammer price plus the 3% online transaction fee charged by Invaluable. The buyer's premium is 24.2% including all taxes up to and including € 250,000; and 18.15% including tax of the portion of the hammer price above € 250,000. This fee is collected by Adams, together with the purchase costs, the artist resale right (for applicability see article 8) and all other costs, such as fees for shipping, payment by credit card, and the like.
7.2 No VAT is charged on the hammer price, only on the buyer’s premium and the additional costs. The margin scheme is applicable. All the taxes are already included in the amounts on the invoice.
Article 8: Resale Royalty
8.1 The winning bidder is responsible for paying the resale royalty (droit de suite) if applicable. Droit de suite is payable to living artists or their heirs within 70 years following the death of the artist on resold artworks with a resale price [hammer price + total premium excl. VAT] of at least €3.000. The artist must be an EU national, or a national of Iceland, Liechtenstein or Norway, or must be a permanent resident of the Netherlands. The royalty of 4% is to be paid on resale prices from €3.000 to €50.000; on portion of the price from € 50,000.01 to € 200,000 3% of royalties is to be paid, from € 200,000.01 to € 350,000 droit de suite is 1%, from € 350,000.01 to € 500,000 - 0.5%; above € 500,000.01 - 0.25%. Resale royalties are not subject to VAT.
Article 9: Payment
9.1 All purchases must be paid within two weeks of the receipt of the invoice. Property of the goods does not pass to the purchaser until the invoice has been paid in full. Any costs caused by buyers not complying with these conditions (e.g. collecting fees) will be chargeable to them. Payments are accepted by bank transfer, debit card (if paying in the office), Visa and Mastercard. All bank charges are to be paid by the buyer. Payments by credit card from outside the EU are subject to a 4% surcharge on the total invoice amount up to €1.000; on invoices from €1.000 to €2.000 the surcharge is 3%, and on amounts exceeding €2.000 a surcharge of 2.5% is applicable.
Article 10: Returns
10.1 Items may be returned - in the same condition - if any serious defect not mentioned in the catalogue is found. Notice must be given promptly, and the item must be returned within 30 days from the day of the purchase. Exempt are lots comprising 3 or more works, works not mentioned in the description separately ("others"), or items marked "w.a.f." ("with all faults") or "n.s.t.r." ("not subject to return"). The auction house does not guarantee the condition of frames, glass plates and passe-partouts and shall not be liable for any damage.
10.2 In case of doubt about the authenticity of a work, subject to the terms below, we will refund the purchase price paid by you:
a. Provided that the work is returned within 1 year from the date of the sale.
b. The authentication error applies only to the attribution of the piece to a particular artist, manufacturer, period or culture.
c. The buyer will be compensated only if the error does not concern terms such as “Attributed to” or “Circle of” which means that the lot is in Adams’ opinion probably a work by the named artist or is made in the period showing his influence but no warranty is provided that it is certainly the case. If any questions arise regarding the terms used in our catalogue, we advise you to get in touch with us in order to become fully acquainted with terminology used in the catalogue.
d. The buyer will not be compensated if the catalogue entry either matches the generally accepted opinion of experts at the date of the sale or draws attention to any conflict of opinion;
e. The compensation will be made only under the following conditions:
The buyer must give us written details of any claim within 1 year of the date of sale;
The buyer is obliged to obtain written opinions of two recognised, independent experts in the field of the lot, mutually agreed by the consignor and Adams, who confirm that the lot is not authentic. We reserve the right to obtain additional opinions at our expense;
The buyer must return the lot in the same condition as it was in at the time of sale.
Article 11: Collection, shipment and private sales
11.1 All goods must be collected no later than two weeks after the auction. All additional costs incurred after this date due to storage, insurance, transport, etc., shall be borne by the buyer. Adams is entitled to charge the buyer a fixed amount per day after the maximum period for collection has expired, depending on size and value. If the goods have not been collected within ten weeks of the end of the auction, the auctioneer is entitled to privately sell the goods that in his opinion do not qualify for re-auction for the benefit of the buyer. By exceeding this term, the buyer undertakes to accept the balance of benefits and costs resulting from this private sale.
11.2 Shipping is at the buyer’s cost and risk.
Article 12: Applicable law and choice of forum
12.1 All purchases are exclusively subject to Dutch law. In the event of disputes, the competent court in Amsterdam has exclusive jurisdiction in the first instance.
Article 1: Application
1.1 The Adams website aims to provide you with information about our auctions, viewing days and other events and/or services. When you visit the site or use the website (such as bidding, buying, surfing), you accept these terms and conditions. If you do not accept the terms and conditions, you are not allowed to use this website in any way. Minors are not permitted to bid online, purchase online or conduct any other transactions on this website.
1.2 By accessing and using this website, you accept all terms and conditions contained or referenced therein and/or stated elsewhere on this website. If you do not agree to these terms, please do not use this website.
Article 2: Copyright
2.1 All rights to the information presented on this website (including texts, images, data, animations and others) are owned by Adams or have been incorporated with the permission of the respective owner. As a visitor you have permission to use the material on this website for your own, non-commercial purposes. It is prohibited to use material from this website for commercial purposes other than to promote the auction or the items offered therein. It is also prohibited to use content from this website, or parts thereof, for your own publication purposes. After the auction, exceptions to the above are only permitted with the prior written consent of Adams.
Article 3: Services and external services (Invaluable)
3.1 In order to use certain services on the website, it is necessary to provide Adams with personal information. To place a bid online it is necessary that you register with Invaluable (see article 7.1 of Buyer Conditions). By registering with Adams and/or with Invaluable and providing us with your personal information, you are automatically stating that the given data is true to the best of your knowledge.
Adams reserves the right to refuse your application or bid(s) or to ban you from using the website if you provide false information about yourself. Adams reserves the right to exclude potential bidders from the auction without reason.
3.2 You are responsible for the confidentiality of your password as well as for all other data, including all changes and additions to your account, on your Invaluable account. Adams is not responsible for any damages resulting from carelessness or negligence in connection with confidential or otherwise personal information on your account.
Article 4: Submission
4.1 The website offers you the opportunity to submit documents. Adams assumes that anything sent to us by you belongs to you and that no one but yourself has any right to the material submitted. In addition, Adams assumes that the material is not confidential and that we can use, copy, publish, translate or display it appropriately. Adams is not responsible for retaining any material that you email to us and Adams has the right to destroy such material without notice or explanation (see also Submitter Terms).
Article 5: Provision of information
5.1 Adams has compiled the content of this website with the greatest possible care. The information on our website is intended as general information. Decisions you make based on this information are at your own expense and risk. Adams strives to ensure that the information is accurate, complete and current. Nevertheless, the information may contain inaccuracies. Adams can therefore not accept any liability for any damage resulting from the use of this website.
6.1 Cookies and similar tracking technologies store small data files on your browser when you visit websites and apps. They allow Adams to recognise your visit and improve your experience when visiting the Adams website. The information does not usually identify you individually. It does, however, give you a more personalised experience. Cookies used:
a. Strictly-Necessary Cookies: These are necessary for the core features of the website to function properly and are therefore always active; they enable content being based on the type of device you are using (ioS, android, or web).
b. Performance Cookies: These collect data on user behaviour. They allow Adams to recognise and count the number of visitors and to see how visitors use the website. This helps Adams to improve and tailor your experience when using the website.
c. Functional Cookies: These are used to recognise you when returning to our website. They help Adams personalise content for you based on your interests and collecting preferences, such as choice of language.
d. Targeting (Marketing) Cookies: These record your visits to the Adams website, the pages you have visited and the links you have followed. We use them to offer content that is more relevant to you, in addition to measuring the effectiveness of marketing campaigns.
Opting out will stop you receiving adverts tailored to your web preferences and usage patterns, but will not stop you from receiving online advertising altogether.
Article 7: Applicable law and choice of forum
Adams Amsterdam Auctions is not liable for direct or indirect damage that may arise from the use of the information offered on adamsamsterdam.com and nrcveilingen.nl. No rights can be derived in any way from the content of this website.
Article 1: Application
Article 2: Personal data
2.1 When you sign up for the newsletter, submit a consignment, or purchase an item from Adams, you will be asked to provide your personal data. This data can be used to process your submission/purchase and to send the newsletter. Your data is stored on Adams Amsterdam Auctions' own servers or those of a third party. We do not combine this data with other personal data.
Article 3: Cookies