In this text, we use the words 'wine' or 'wines' for all alcoholic beverages auctioned at the auction. Sylvie's is a public auction: all wines are physically located in Antwerp and can be viewed after publication of the catalogue.
Unless expressly agreed otherwise in writing, the sale of your wines will take place on the consignment terms described here. You will receive these conditions in writing together with the consignment form the moment you hand over your contribution to Sylvie's. Sylvie's will ask you to sign both. The consignment form contains the manually listed wines to be auctioned but can also refer to a separately prepared wine list. It is also possible that you will receive the conditions by e-mail and that a digital signature will be requested from you prior to collection.
The consignment form and the consignment conditions together, make up the consignment package. This package constitutes the agreement between you and Sylvie's.
By signing the package, you declare that you:
If you are unsure whether your lots are subject to VAT, please indicate this to Sylvie's on the consignment form and inform Sylvie's prior to the publication of the catalogue. The catalogue will be published between 21 and 10 days prior to a new auction. If you fail to mention the tax status of the wines in time, the financial consequences are yours: once the catalogue is published, the VAT status of the lots cannot be changed and bids are irrevocable.
Sylvie's aims to bring your wine to the next upcoming auction. If there are more applications than there is space at the auction, the rule of thumb is that whoever is the first to apply for estimation will be admitted first ("first come, first serve").
Sylvie's will guide you to the auction in 2 steps. Those who deliver their wine to the counter without having requested a pre-estimate will only go through the second step.
Step 1: estimate with a value per bottle prior to inspection of the wine
After receiving your estimate request, Sylvie's will send you a per-bottle estimate of your wine, where we assume the wine is in perfect condition. The estimate includes a low estimate and a high. Estimates are in line with recent past performance in the global wine market and market trends. Estimates are indications of an expected sales result and not guarantees.
A reserve price will also be agreed with you and put in writing. This is the hammer price below which your wine will not be sold. This reserve price is an agreement between you and Sylvie's and it will not be mentioned in the catalogue. The reserve price is never above the value of the low estimate but can be equal to it.
If you agree with the estimate and decide to have the wine auctioned, we will make arrangements with you about the collection or delivery of the wine.
Step 2: estimate with a value per lot after inspection of the wine
After physical inspection of your wines in Antwerp, you will receive an overview with an estimate of your wines in actual condition. This may give your estimate a different value than originally issued. This value may be higher or lower. In the overview, the estimate is no longer given per bottle, but per lot. A lot consists of one or more bottles. The prices per bottle from the first bidding step are totalled per lot and then rounded up to a value corresponding to a bidding step. The choice of the bid step is reserved to the estimator where the starting point is to maximise your return.
The auctioneer uses the bidding steps below unless explicitly stated otherwise during the auction:
|
From |
Until |
Bidding step |
|
€0 |
€80 |
€5 |
|
€80 |
€300 |
€10 |
|
€300 |
€800 |
€20 |
|
€800 |
€2.000 |
€50 |
|
€2.000 |
€4.000 |
€100 |
|
€4.000 |
€8.000 |
€200 |
|
€8.000 |
higher |
At the discretion of the auctioneer |
The overview of your submission per lot, will be sent to you by e-mail. Those who had already given their approval in step 1 will have the opportunity to respond. Those who have submitted their wine at the counter without a prior estimate, and who have indicated that they would like an estimate, will now be asked for their approval for auction.
After publication of the catalogue, you will receive the final overview of your submission with the corresponding lot numbers plus a catalogue in pdf.
If you wish, we will collect the wine from you in Belgium personally and by appointment. We will bring packaging material and pack the wine for you on site. This service is free of charge. The cost of all-risk insurance, packing of your wines, packaging materials and storage is included in the commission.
The minimum value for a collection is €5,000.00 for the low estimate. Outside Belgium, we organise transport by mutual agreement. Import from countries outside the EU is never possible without an official import of the wine by Sylvie's, whereby the import process can never be started without the express written consent of Sylvie's and the involvement of its logistics partners.
If we organise the transport, your wine is all-risk insured, provided it is described on the consignment form. In Antwerp, your wine is in all-risk insured, conditioned storage. Among other things, you are insured against fire, breakage, theft and all possible damage during transport from door to door. The insured value corresponds to the lowest estimate on your valuation.
Excluded from insurance is the lowering of a cork in a bottle and the resulting consequential damage thereof: if a cork falls in a bottle, has lowered to any extent or if a bottle shows signs of leakage, these defects are a consequence of storage in previous years and/or the quality of filling ex domain.
You can submit your wines up to approximately one month before an auction. If you submit your wine at the counter without having already received an estimate, in principle you sign for agreement for the auction regardless of the outcome of the estimate. However, if you wish to receive an estimate before agreeing to an auction, you can indicate this on the consignment form. There is a separate question on the consignment form for this purpose.
All wines submitted undergo a physical inspection in Antwerp. The condition (capsule, label, general appearance) of the bottle, the origin and authenticity are examined. To this end, cases and boxes may be opened. However, the examination can also go a step further by checking the cork. This is done either by pulling up the entire capsule or by making a small incision in the capsule of the bottle, releasing the cork so that it can be assessed for colour, production data and/or possible damage. After examination, the capsule is resealed and sealed. Sylvie's may also require inspection of purchase invoices at any time, usually prior to the auction.
Usually, this examination benefits the value of the wine. You consent to this examination via your signature on the consignment form and hereby waive any rights of recourse.
You are responsible for the correctness of the details supplied to Sylvie's of the wines submitted: their authenticity (including the labels, years and names of producers present on the bottles), their legitimate ownership and the overall condition of the wines. You indemnify Sylvie's for any possible legal claim.
When describing the wine in the catalogue, Sylvie's will mention the external characteristics of the bottle, including visible displacement of corks and signs of leakage. The sale is void or may be declared void by Sylvie's in the following cases:
In these situations, Sylvie's reserves the right to return the bottles to you. You will receive a correction to the payment of your contribution, or a claim for repayment of a payment that has already taken place. Sylvie's will credit the buyer when the wines have already been paid for. When the auction has not yet taken place, your estimate will be adjusted. If the auction has already taken place, Sylvie's will hold you liable, credit the buyer if necessary and recover the costs from you.
After hammering the wines at auction, Sylvie's will charge you the commission. The commission is a percentage of the hammer price including VAT. The Belgian VAT is 21%. The amount of this commission is based on a fixed agreement between you and Sylvie's. Upon payment, you will receive the hammer price minus the commission.
The usual commission is between 6 and 10%. This commission varies in height according to the quantity of wines submitted, bottle condition (wine colour, filling, label, labels, capsule, cork characteristics) and market demand. For a contribution of an estimated value of €15.000,00 or more, you will receive a personalised rate from Sylvie's.
Sylvie's will inform all sellers individually of their auction results after publication. The publication will take place after the inspection of the auction. Usually this is on the 3rd working day after the auction. You can expect your results on the 4th working day after an auction.
Business submitters should send Sylvie's an invoice before Sylvie's makes payment. To this end, Sylvie's will send you an set-up with all the necessary information.
Sylvie's will pay you within 4 weeks of the publication of the auction results. This may be deviated from at your request.
It is your responsibility to ensure that Sylvie's has the correct payment information. If you have not written the bank account number on your slip, you can still mail it.
If you wish to be paid in cash, please indicate this on the slip. Cash payments will only be made by appointment in Antwerp and for a maximum of €3.000,00 per bidder per auction. When paying out, we will ask you to show the consignment form and your proof of identity or passport.
If lots remain unsold, it is possible to offer the wine again at a next auction. This can be done at the same price, but also at a lower bidding step. If you do not wish to do so, you can make use of a return shipment.
If you are happy to receive your empty crates or packages back, we will keep them for you. You can indicate this on the consignment form. Storage periods are 2 months for both bottles and packaging. However, if we detect traces of woodworm, mould or other forms of life as described in the ISPM15 standardisation in the wooden crates, we are entitled to destroy these crates immediately, at our discretion and without your additional consent, to prevent damage to other crates entrusted to our storage.
After physical inspection, or after an auction, a need may arise to return bottles and/or packaging. Reasons for that situation are:
There is no additional charge for all returns if we can carry them out in person, when we are in your area. If you have submitted your wine to the counter yourself, you are expected to collect all returns from the counter as well. In all other cases, we will charge you for the cost of third-party returns. You will receive a quote for this. The return only takes place after receipt of your agreement to the quote.
When the storage periods have expired, Sylvie's is entitled to destroy the packaging and wine, or to cover the storage costs by reselling your wine. Under no circumstances will this destruction constitute grounds for compensation.
Storage rates are €30,00 per month per half pallet spot. The size of a pallet space is 0.80 * 0.60 metres. A pallet spot has a maximum height of 1.60 metres.
In recent years, the requirements for submission have been tightened, so it is possible that wine that used to be auctioned by Sylvie's is now no longer accepted. The average estimated value of contributions by individuals is €75,00 per bottle with a minimum bottle value of €25,00. For submissions by companies, this limit is on average €100,00 per bottle, with a lower limit of €50,00. When the wine arrives at Sylvie's, and the estimate has to be adjusted downwards after inspection of the bottles, Sylvie's is entitled not to accept all or part of your submission.
Sylvie's may refuse files with a total value, a 'total low estimate', of less than €2.500,00 unless the average bottle price is above €200,00. If, after giving your agreement to an estimate, you have your wine collected, but without prior notice you bring a much lower (average) value than the 'total low estimate', we reserve the right to increase your commission (with a maximum of 12%) or refuse the file altogether.
As long as your wine is not yet stored at Sylvie's, you remain free to decide not to enter your wine. However, as soon as your wine is at Sylvie's, Sylvie's is entitled to send you an invoice for expenses incurred. The contribution is €2.50 per bottle in addition to a fixed cost of €250,00 as long as the catalogue has not been published.
However, if you withdraw your wine after your agreement for auction and after publication of the catalogue, you will not pay a fixed cost and a fixed amount per bottle, but 15% of the low estimate, due to reputational damage and missed sales.
After receiving the reimbursement for expenses, you can collect your wine at the counter within a period of 2 months. In the absence of this reimbursement after a 2-month period, Sylvie's is entitled to sell part of your submission to cover these expenses, plus storage costs if necessary.
If your wines are not found to be auction-worthy during the physical inspection by our team or are not sold at the auction, there is no breach of contract and you will not be liable for any contribution to expenses.
After the auction, withdrawing your wine is impossible: once the wine has been auctioned off, the buyer is the rightful new owner of the wine.
Sylvie's safeguards the privacy of buyers and sellers in accordance with GDPR requirements. Bottle details that could reveal your identity are shielded from photos on our website.
Sylvie's cannot be held liable for late payment in cases of force majeure (natural disasters, unexpected understaffing, bank failures, fire, government measures and the like).
Situations that hinder obtaining your agreement on an estimate also fall under force majeure, specifically:
In these cases, you will not be entitled to compensation due to the later auctioning of your wine when market conditions change.
In the event of a dispute that we cannot resolve together, only the courts of Antwerp have jurisdiction, the language of the court being Dutch. Should this situation arise, the Dutch version of all written expressions by Sylvie's will be legally valid and the mail in the language of the correspondence.
Sylvie's Wine Auctions is registered under company number 0431 792 233.
Version 25 May 2024. Filed with the bailiff's office Antwerp Judicial Officers (AJO) BV CVBA - KBO 0544 751 406.
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