GENERAL TERMS AND CONDITIONS OF SALE

The public sale of wines and whiskeys by Ampersand Wine Auctions (Ampersand W.A. BV) takes place under the conditions stated below. When purchasing at the auction you are deemed to have read and accepted the following conditions.

Ampersand Wine Auctions (Ampersand W.A. BV) organizes public sales under the supervision of a bailiff, and always and exclusively acts as a proxy and not as an owner, with regard to all goods and wines brought for sale.

All disputes that arise during the sale will be settled by the bailiff in the last instance.

The Dutch language is the only official language valid by law. During the auction, other languages can be spoken in addition to the Dutch language.

A. BEFORE THE SALE

1. Lot description

Ampersand describes the wines in its catalogs as accurately as possible. An overview of the descriptions and abbreviations used on the website and in the catalogs can be found under the page with the heading "Bottle description", which is part of the general terms and conditions. The wines offered are selected on the basis of their origin, authenticity and condition. The lots described in the catalog are assumed to be indicative and can never be considered binding.

2. Condition

The condition of lots sold in our auctions can vary widely due to factors such as age and wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold 'as is', in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by Ampersand or by the seller.

Any reference to condition in a catalogue entry will not amount to a full description of condition, and images may not show a lot clearly. Colors and spots or damages on labels may look different on photos or on screen to how they look on physical inspection.

3. Viewing lots pre-auction

if you are planning to bid on an item, it is advised to inspect the item personally or through a knowledgeable representative before you make a bid.

All potential buyers are given the opportunity to view the wines offered on site. Viewing is possible once the online catalog has been published 14 days prior to an auction. Buyers can come and inspect the lots 14 days prior to an auction in our office on Tuesdays, Thursdays and Fridays from 9:30 am to 5:00 pm continuously or by appointment.

4. Estimates

The indicated estimate of the value per lot is based on prices achieved at previous auctions for comparable lots. These estimates change over time and do not constitute a guarantee for the selling price. The estimates indicate the expected bandwidth of the hammer price, without VAT or transport costs.

5. Catalogs

The catalog is published no later than 14 days prior to an auction. The online catalog contains photos of all lots. If desired, extra photos are made available.

6. Withdrawal

Ampersand Wine Auctions (Ampersand W.A. BV) can, at its own discretion, withdraw any lot at any time prior to or during the sale. Ampersand is not liable to you for a decision to withdraw lots.

B. REGISTRATION AND PARTICIPATION

Buyers can bid in the room, in writing, online and live. It is recommended that you choose one bidding method per lot to prevent you from bidding against yourself.

The buyer must be over 18 years old to participate.

1. New buyers

Bids are accepted after verified registration. For admission to the auction, Ampersand Wine Auctions (Ampersand W.A. BV) will ask you the following:

(i) for individuals: photo identification (driver's license, national identity card or passport), and proof of home address (for example, a current utility bill or bank statement).

(ii) for corporate buyers from Belgium: an identification and a VAT number.

(iii) for international corporate buyers: Certificate of Incorporation or equivalent documents stating your name and registered address together with documentary proof of directors and beneficial owners.

A purchase limit can be set. In addition, credit card details may be required or a deposit may be requested.

2. Bidding on behalf of another person

The buyer is supposed to trade for his own account. If after the auction it appears that the purchases must be placed under another legal entity or legal entities, that does not relieve the final buyer of payment within 7 working days after the auction. However, if the final buyer is not accepted by Ampersand Wine Auctions (Ampersand W.A. BV), the broker is personally responsible for the purchase.

3. Bidding options

If you cannot be present in person during the auction, you can use the following bidding options described below.

(a) Online bids before the auction:

Via Auction Mobility

Via DrouotDigital

Via LiveAuctioneers

(b) Written bids

You can find a Written Bid Form at the back of our catalogue or on our website. Written bids with a declaration of the maximum bid can be submitted up to 12 hours before the start of the auction by Email. If these time limits are exceeded, Ampersand Wine Auctions (Ampersand W.A. BV) can no longer guarantee participation in the auction. Bids must be placed in Euro’s. Under the supervision of the bailiff, the auctioneer will act as a bidder for you. The auctioneer must work step-by-step towards your highest bid (your winning bid may therefore be lower, and certainly never higher).

(c) Live Online bids:

Via Auction Mobility

Via Drouot LIVE

Via LiveAuctioneers

(d) Bids in the auction room.

After registration and identification at the counter, the buyer will receive a bid number.

When you place a bid online or in writing, this is considered a maximum bid.

All bids except the bids in saleroom are registered. When, as a result of these registrations, Ampersand Wine Auctions (Ampersand W.A. BV) has to take responsibility, it does so.

Only when sufficient capacity is available during the auction is it possible for the Ampersand Wine Auctions (Ampersand W.A. BV) team to make bids on behalf of an absent client. However, this 'absentee bid' is only possible for a few lots and the client must be known and registered with Ampersand Wine Auctions (Ampersand W.A. BV).

4. Bidding on an entered lot

It is strictly forbidden for a seller of a lot to place bids on his entered lot.

C. DURING THE AUCTION

1. Who can attend the auction

Ampersand Wine Auctions (Ampersand W.A. BV) reserves the right to refuse visitors / buyers at the auction. The buyers must be over 18 years old to participate.

2. Reserve price

Unless otherwise specified, all lots are subject to a minimum price

3. Auctioneer’s discretion

The order of the catalog is followed, but the auctioneer of Ampersand Wine Auctions (Ampersand W.A. BV) reserves the right to merge lots or to change the order of lots, to remove lots from the auction and additional or different information about the lot to provide.

It is up to the auctioneer:

(a) refuse any bid;

(b) change the order of the lots;

(c) withdraw any lot;

(d) to determine the starting bid in the sale;

(e) reopen or continue the bidding even after the hammer has fallen;

(f) to extend or shorten the bidding time.

The buyer has no right of recourse or reimbursement in any of these cases.

4. Bidding

The auctioneer accepts bids from:

(a) buyers in the auction room;

(b) online bidders;

(c) written bids (also called "absentee bids").

5. Bid increments

Bidding normally starts below the low estimate and increases in steps:

6. Other rules in the auction room

In the event that two or more written bids are the highest and most recent bids, the one who first made the bid will become the owner of the lot.

If two or more persons claim the same lot at the time of the allocation or if difficulties of any kind arise during the allocation, the disputed lot will immediately be put back into auction.

The successful bidder will be the highest and last bidder and will become the owner of the lot after payment.

Every bid is unconditional and irrevocable.

Every participant in the auction that causes damage to the displayed lots is responsible for this.

D. BUYER’S PREMIUM, VAT AND EXCISE DUTY

LIVE AUCTION (in room live auction with online bidding) 

1. Buyer’s premium

As a buyer you pay the hammer price plus a buyer’s premium of 22%. All lots are sold excluding VAT, no VAT is charged on these so-called margin lots. For lots excluding VAT, VAT has already been paid on the wine. Buyers within the EU pay a buyer’s premium of 22% including VAT. This VAT cannot be reclaimed within the EU. Outside the EU, the buyer’s premium is 18,18%.

2. VAT lots

If a lot is indicated by (+), the hammer price is 22 % buyer’s premium + 21% recoverable VAT (VAT is charged on the auction price plus the 22% buyer’s premium).

When lots subject to VAT are purchased, VAT must still be paid within the EU. Companies in Belgium can reclaim this VAT, companies within the EU can transfer the VAT and parties outside the EU do not pay this VAT on the wine at all.

3. Administrative costs

Each lot gives rise to a € 3 administration fee.

ONLINE ONLY AUCTION 

1. Buyer’s premium

As a buyer you pay the hammer price plus a buyer’s premium of 23%. All lots are sold excluding VAT, no VAT is charged on these so-called margin lots. For lots excluding VAT, VAT has already been paid on the wine. Buyers within the EU pay a buyer’s premium of 23% including VAT. This VAT cannot be reclaimed within the EU. Outside the EU, the buyer’s premium is 19,01%.

2. VAT lots

If a lot is indicated by (+), the hammer price is 23 % buyer’s premium + 21% recoverable VAT (VAT is charged on the auction price plus the 23% buyer’s premium).

When lots subject to VAT are purchased, VAT must still be paid within the EU. Companies in Belgium can reclaim this VAT, companies within the EU can transfer the VAT and parties outside the EU do not pay this VAT on the wine at all.

E. PAYMENT

Immediately following the auction, the buyer is held responsible to pay for the items he purchased. The purchase price being:

(i) the hammer price; and

(ii) the buyer's premium; and

(iii) any amounts due under section D2 above; and

(iv) an administration fee; and

(v) any duties, goods, sales, use, compensating or service tax or VAT.

1. Currency

All transactions take place in euros.

2. How to pay

Ampersand Wine Auctions (Ampersand W.A. BV) will only accept payment from the registered bidder. Once issued, we cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. The buyer must pay within 7 days after the auction even if he wants to export the lot and needs an export license.

Methods of payment:

(a) Payment is possible by wire transfer. You must make payments to:

Ampersand W.A. BV

IBAN: BE04 7360 6142 6831

Swift: KREDBEBB

(b) Payment in cash is possible up to € 3000 per auction transaction. Cash payment is only accepted on site.

(c) Payment with VISA or MasterCard is possible. Bank and credit card fees are always for the buyers account. We will charge you the actual costs without any administrative fees. The amount of the fees charged can be found on the Internet.

(d) We do not accept payment by cheque.

3. Term

Purchased lots must be paid within 7 days after the auction.

4. In the event of late payment or non-payment

Ampersand Wine Auctions (Ampersand W.A. BV) can take measures in the event of late payment or non-payment. Ampersand Wine Auctions (Ampersand W.A. BV) can:

- refuse bids for a subsequent auction until the invoice for the previous auction has been settled;

- set a limit for purchases at the next auction;

- request a deposit before re-participation. This deposit will be refunded after deduction of any costs on Monday after the auction and if the buyer changes the original instructions within 2 weeks after the auction;

- re-auctioning the goods and demanding payment of the difference in revenue, whereby 6% of the hammer price can be counted as reimbursement as a mourning sale;

- deny access to all subsequent auctions.

5. Transferring ownership to you

If you make the highest bid accepted by the auctioneer, you will be the buyer of the lot. The striking of the auctioneer’s hammer marks the conclusion of a contract of sale between the seller and you (the buyer). However, ownership of the lot will only be transferred from the seller to the buyer once Ampersand Wine Auctions (Ampersand W.A. BV) has received full and clear payment of the purchase price. The lot will not be released until Ampersand Wine Auctions (Ampersand W.A. BV) has received full payment.

6. Transferring the risk to the buyer

Immediately after the allocation, every lot sold, which is kept with the greatest care, is for the account and risk of the buyer and every complaint is excluded. Only in the event that damage is caused by personnel of Ampersand Wine Auctions (Ampersand W.A. BV) to a lot (for example due to breakage), will Ampersand Wine Auctions (Ampersand W.A. BV) refund the buyer. Ampersand Wine Auctions (Ampersand W.A. BV) can never be held responsible if it appears that after or during auction bottles have leaked or corks moved.

F. SELLER WARRANTY

For each lot entered, the seller gives the guarantee that he is the owner of the entered lot or co-owner or has the permission to sell the lot for the owner.

The seller bears full responsibility with regard to the wines introduced, the authenticity, the correctness of the data and the nature and condition of the wines introduced in the event that a dispute arises after the sale.

Ampersand Wine Auctions (Ampersand W.A. BV) does not take any responsibility regarding authenticity, labels, brands and dates of the bottles. Full responsibility in civil and criminal matters lies with the seller.

G. OUR LIABILITY

The goods at the auction are sold in the condition ‘as is’, including any visible or hidden defects. Ampersand Wine Auctions (Ampersand W.A. BV) is not responsible for defects that it has not been able to observe, even when the hidden defect makes the purchase unsuitable for the use for which the buyer intended the wine, and also when the defect reduces the use to such an extent that the buyer, if he had known the defects, would not have bought the item or would have bought it for a lesser price.

The buyer is deemed to have thoroughly examined the lots in terms of nature, nature, authenticity and condition. If a purchase is made without prior investigation, also with regard to the description in the catalog, the buyer will be deemed to have made the purchase at his own risk.

Every potential buyer, bidder or buyer acknowledges being aware that no right of recourse is possible with regard to the wines due to defects of the merchandise (art. 1649 BC) or by virtue of the disadvantage (art. 1648 BC).

If bids do not reach the auction room due to power, system or technical malfunctions, Ampersand Wine Auctions (Ampersand W.A. BV) does not have to compensate for damage.

In the event of damage caused by personnel of Ampersand Wine Auctions (Ampersand W.A. BV) to a lot that has been allocated to a buyer after the auction (for example due to breakage), Ampersand Wine Auctions (Ampersand W.A. BV) will compensate the price of the lot (buyer’s premium and administration fee included) to the buyer. Ampersand Wine Auctions (Ampersand W.A. BV) can never be held responsible if it appears that after or during auction bottles have leaked or corks moved.

H. COLLECTION AND STORAGE

1. Collection

Collecting on site is possible the day after the auction.

Collection of the wines can only take place after receipt of payment.

Collection must take place within 7 days after the auction unless otherwise agreed in writing.

2. Storage

Immediately after the allocation, the lots sold are for the buyer and therefore for his own account and risk. Until collection/shipment Ampersand Wine Auctions (Ampersand W.A. BV) stores the purchases for free in an air-conditioned and insured room. If a lot is not picked up by the buyer within 7 days after the auction, Ampersand Wine Auctions (Ampersand W.A. BV) will hold this lot at the risk of the buyer. This storage period can be extended to 2 months upon request.

Ampersand Wine Auctions (Ampersand W.A. BV) facilitates the storage of wines, in particular for its overseas buyers, when on a long stay abroad and when temperatures are too high or too for safe shipment of lots. However, this storage capacity is not unlimited. However, lots are only insured in the event of loss or serious damage, Ampersand Wine Auctions (Ampersand W.A. BV) can never be held responsible if it appears that after the auction or during storage, bottles have leaked or corks moved. Fill levels in bottles can decrease over time as cork is a natural product. Ampersand Wine Auctions (Ampersand W.A. BV) cannot be held responsible for a reduction in the fill level with long-term storage, this is always at the risk of the buyer.

If wines remain in storage for more than 2 months without prior written agreement, Ampersand Wine Auctions (Ampersand W.A. BV) reserves the right to request 3% storage costs per month over the hammer price or, in an extreme case, to put the wines back for auction. Ampersand Wine Auctions (Ampersand W.A. BV) hereby reserves the right to charge 6% of the hammer price on the resale and, if applicable, the costs for a difference in yield. The balance is paid to the first buyer.

I. TRANSPORT AND SHIPMENT

All formalities such as transport, VAT, transport documents, customs, remain at the expense and full responsibility of the buyer. The buyer is free in his choice of transport.

1. Transport arranged by Ampersand Wine Auctions (Ampersand W.A. BV)

Ampersand Wine auctions (Ampersand W.A. BV) can organize the transport of the purchased goods through internationally recognized transporters. When Ampersand Wine Auctions (Ampersand W.A. BV) facilitates transport, it offers an all-risk insured transport. The cost price for an all-risk insured transport depends on the destination and the number of bottles. Ampersand Wine Auctions (Ampersand W.A. BV) does not charge any additional costs for organizing the shipment, the buyer only pays the cost of shipping and insuring his purchased goods as determined by the authorized carrier.

In the event of damage occurring during all-risk insured transport, Ampersand Wine Auctions (Ampersand W.A. BV) settles the damage claim.

If the buyer decides to deviate from the all-risk option, the consequences of damage during transport are entirely for the account of the buyer.

2. Transport arranged by the buyer

If the buyer arranges transport on his own behalf, Ampersand Wine Auctions (Ampersand W.A. BV) is not responsible for damage that occurs during transport.

3. Customs documents

Unless otherwise agreed with us in writing, arranging customs documents is entirely the responsibility of the buyer.

4. Proof of transport

Foreign buyers who personally collect and transport goods abroad in personal name or in name of their foreign company must be able to prove that their purchases leave Belgium. We will require proof of this.

For the possible payment of VAT on the purchases the buyer must always take care of it himself.

5. Transport at too high or too low temperatures

Wine gets damaged during transport under too high or too low temperatures. Ampersand Wine Auctions (Ampersand W.A. BV) reserves the right not to ship wines at temperatures that can cause damage unless the buyer takes full responsibility in writing.

J. OTHER CONDITIONS

1. Privacy

Ampersand Wine Auctions (Ampersand W.A. BV) is bound by legislation to protect privacy for the processing of personal data. By participating in the auction, participants agree that Ampersand Wine Auctions (Ampersand W.A. BV) may store their personal data (both within and outside the EU) and process it for the purposes described in the section below.

We collect your personal data only to the extent that they serve the shared interest between us and / or naturally arise from the purchase and sale conditions that we have mutually agreed.

Personal data are all elements of information about a person who can, independently or in combination with each other, make it possible to identify this person.

We do not provide any information to third parties other than inevitably necessary to enable the services agreed upon with you, to keep you informed of our activities, to safeguard business continuity, to allow company termination or to comply with a legal obligation.

(a) From this point of view, we process your personal data for:

Organizing the services, you require, in particular for:

The registration of your purchases and / or sales

The registration of your bids

Preparing quotes

Processing your (out) payments

The transport of your purchases and sales

The possible storage of your wines

Providing the service you requested

The preparation of analyzes as a tool to better determine how we could best serve you.

The external communication about the desired service, when it comes to:

Giving auction information via group emails (MailChimp)

Technical support for contacting you in any way

Our social responsibility when it comes to:

Compliance with government regulations in particular

Our excise and other tax obligations

Being able to determine whether you are 18 or older

Securing business continuity, in particular:

The determination of the acceptance of bids and the conditions under which these bids are accepted.

Being able to legally enforce the agreed terms and conditions of sale or purchase.

Transferring your data in the event of a change of ownership

(b) Data that may be required of you and that is recorded in our software:

Your first and last name

Your gender

Your company name and VAT number

A national register number

Your language

The address, telephone number and the name of the contact person to whom we must direct our invoice

The address, telephone number and name of the contact person to whom we must deliver your purchases

The address, telephone number and the name of the contact person from whom we must collect your input

Your instructions for the method of our service

Your IP address

Your IBAN

Credit card details provided by you, copies of your passport or other forms of identification are not stored digitally. We destroy this data after inspection or save it in a secure manner.

(c) Partners with whom we work

Partners with whom we work through personal contact and who have access to personal data have a confidentiality obligation due to the nature of their position and / or because of a contract.

Service providers with whom we have no personal contact are our social media. They work according to ways that we assume are generally known.

We do not provide any personal data to our social media. You can use our social media at your own discretion. We do not use the additional marketing options available from these media.

(d) Inspection

You can request or view your data from us.

(e) Adjusting data

When you bid online with us, you can change your details on our website yourself. Your entrance to your online bids is protected by a password.

Erasing your historical data as a legal person in our auction system is possible, except when this is not legally permitted and / or the business continuity could be damaged.

(f) Period of data retention

We save your data for the legally required periods and as much longer as necessary to provide a good service or to guarantee business continuity.

(g) Website visit

Our website does not use cookies.

(h) Video images

To ensure safety, we make video images of the publicly accessible spaces in the auction building. This includes in particular the auction and showroom.

2. Copyright

Ampersand Wine Auctions (Ampersand W.A. BV) owns the copyright in all images, illustrations and written material produced by for use relating to a lot. You may not use them without our written permission.

3. Publication of results

The results will be online no later than Thursday after the auction. The results are in Euros and include the hammer prices excluding buyer’s premium and administration costs.

4. Disputes

In the event of disputes, only the courts of Antwerp have jurisdiction.