Legal Framework

Company Name

‘Sylvie’s Wine Auctions’ and ‘Veiling Sylvie’s’ are trading names of Sylvie’s Wine Auctions registered under company number BE0431 792 233.

Difference between purchasing in an (online) store and at a public live auction

Due to the nature of sale by a live public auction, the following laws do not apply: The Act of 21 December 2013 - Act inserting Book VI Market Practices and Consumer Protection into the Code of Economic Law and inserting the definitions specific to Book VI and the enforcement provisions specific to Book VI into Books I and XV of the Code of Economic Law. As a result, you do not have a cooling-off period or right of return for purchases at an auction. You, the bidder or buyer, buy wines or spirits in the condition they are in ('as is').

The bidder/ buyer thus knows that upon sale there is no right of recourse due to defects in the merchandise (Article 1649 of the Civil Code), even if they are hidden (Article 1648 of the Civil Code).

Presence of a bailiff

In Belgium, on-site supervision by a legal representative is mandatory for live and live online auctions.The bailiff ensures that the auction process during the auction days takes place in accordance with the legal rules for public auctions and in accordance with the conditions that Sylvie’s has indicated to you on this website.The bailiff’s business organisation is completely independent of the organisation of the auction company.

If you do not agree with the conduct of the auction, the bailiff will decide in the first instance. The bailiff (Antwerpen Juridical Officers (AJO), Amerikalei 73, 2000 Antwerp) is present on site at Sylvie's auctions.

In an extreme case of disagreement, the courts of Antwerp will decide.

Colloquial language during the auction and in the event of a dispute

In the event of a dispute, the spoken language in the courtroom is Dutch. Sylvie’s undertakes to translate the website from Dutch as accurately as possible. However, in the event of a difference of opinion, only the explanation in Dutch is legally valid.

English is spoken during the auction when the auction takes place using the Sylvie’s app (live and live online). In other cases, when the auction cannot be followed live online on the app, the language of instruction is Dutch. However, explanations can also be given to room participants in other languages during the auction.

Application of VAT to your invoice

The basis for processing VAT on margin lots can be found here.
The basis for the intra-Community scheme for exemption from VAT is article 138 of EC Directive 2006/112/EU.
The basis for the exemption from VAT is article 146 of EC Directive 2006/112/E.
The basis for the sale of VAT-registered lots within the EC  (e-commerce OSS) can be found here.

Force Majeure

If bids do not reach the auction room due to power and/or technical failures or other forms of force majeure, Sylvie’s is not liable for any damage or consequential damage.

Access

Sylvie’s reserves the right to refuse visitors/ buyers at the auction without stating reasons.

Privacy and cookie regulations

General Data Protection Regulations (GDPR);

Act of 30 July 2018 on the protections of natural persons with regard to the processing of personal data (only available in Dutch).
Act of 3 December 2017 establishing the Data Protection Authority (only available in Dutch).

Retention period

Sylvie’s is bound by legislation on the protection of privacy for the processing of personal data. Sylvie’s reserves the right to retain auction data appropriate to the life cycle of wine for public health purposes.

Agreements in writing

Wine sellers receive a copy of the conditions as they apply at the time of agreement. Sylvie’s receive a signed copy confirming the seller’s adherence to the conditions.

Change of conditions

Sylvie’s reserves the right to change the website at any time. The changes will take effect at the next auction or the auction after that if the change is made during the auction. No party will be able to claim compensation for frustrated expectations as a result of these changes.
 

Copyright

The use of images, illustrations and written material produced by or for Sylvie's is reserved exclusively for Sylvie's and may not be used by third parties.  


Last update 29/05/2024

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