Consignment conditions

All the wines that Sylvie's auctions are physically located in Antwerp and can be viewed by buyers in the auction house after publication of the catalogue and online.

Unless contractually agreed otherwise, the sale of your wines (including other alcoholic beverages) is subject to the stated conditions on our website. These conditions will be presented to you when your wines are delivered to Antwerp or when they are collected from you. Sylvie's only provides its services after receiving your signature online or on paper on the list of wines to be auctioned and these terms and conditions. 


Commissioner

Sylvie's organizes public auctions and represents your sales interests in the capacity of commissioner. Sylvie's ensures, as a result, that you are always paid by appointment. Sales take place under the supervision of a bailiff in attendance.


Ownership  

By signing the consignment note, you declare that you are: 

  • the owner of the wines presented for sale, or
  • that you have permission from the owner to sell his wines.

Responsibility and liability

You are responsible for the accuracy of the information provided to Sylvie's concerning the ownership of the wines presented for sale, their origin, their authenticity (including the labels, dates and names of producers on the bottles) and the overall condition of the wines. Sylvie's may request access to purchase invoices.

You shall indemnify Sylvie's against any possible legal provision in the event that, after the sale, a dispute arises concerning the accuracy of the information provided by you, in particular the authenticity of the bottles. In case of a dispute generating legal consequences, you are held responsible. 


Reconciliation and collection

Sylvie's will send you a perfect-condition appraisal of your wines after receiving your valuation request. Upon receipt of your approval, the wines will be collected from you on appointment and you will receive a transport schedule from Sylvie's. Sylvie's never shows up for the collection of wines without an appointment.

The collection is free of charge within Belgium, Luxembourg and the Netherlands (islands excluded). In all other cases the price of the shipping depends on the value of the collection. The pickup could happen shortly after your agreement but ultimately depends on the schedule of our drivers, since we usually collect the wines ourselves. This will be decided by the logistics planner.

After receiving and inspecting your wines in Antwerp, you will receive a valuation from Sylvie's of your wines in their current condition. If you deliver your own wines to Sylvie's without a valuation request in advance, you will only receive a valuation of your wines in their condition as presented to us, and Sylvie's will give you a period of time in which to respond. After receiving your approval, Sylvie's continues to process your wines and adds them to the catalogue. If the period expires with no response from you, or if you bring in your wines so late that a time frame cannot be given, it will be assumed you have tacitly agreed to auction your wines.

Sylvie's makes every effort to ensure the optimal satisfaction of its contributors by carefully coordinating all the auction steps to be taken but cannot be held liable for situations of force majeure (e-mail from Sylvie's that ends up in your spam filter, disruptions by internet providers, impact of virus outbreaks etc.)


Coverage all-risk insurance

When Sylvie's picks up or returns wines to you, your wines are all-risk insured during transport. The insured value corresponds to the low estimate of your valuation or an amount agreed upon in writing before shipping. This means that you are insured against fire, breakage, theft and any possible damage during transport from door to door.

In Antwerp, your wine is in all-risk insured storage until the moment of sale. Once the hammer has fallen on the wines, the buyer is the new owner and the storage insurance applies to the wines at change of ownership.

Wines accepted for auction but unsold after an auction, are still covered by our all-risk insurance. You can decide to auction these wines again or decide not to. Collection of unsold wines however is, unless agreed otherwise, requested within 3 months after the decision not to re-auction the wines. Shipping charges for a return shipment are for the seller. Sylvie's is entitled to send an invoice and return the wines immediately by a professional carrier after the decision not to re-auction the wines. If agreements are not kept, Sylvie's is entitled to sell the wines in order to cover storage costs or to destroy the wines. 

If you bring in wines without a valuation in advance, your wines are not insured until a low estimate is given unless the borderel discloses enough information for an insurance company to act upon. 

Cork

When a cork falls into a bottle, degrades to some extent or if a bottle shows leakage marks, is Sylvie's not responsible for this and any loss of value as a result, is not covered by the all-risk insurance: these defects are a consequence of storage in previous years and/or the quality of filling ex-domain. 

When a cork falls into a bottle or has degraded to some extent, the wine can no longer be auctioned.

In case of slight leakage or a slightly collapsed cork, Sylvie's can decide to auction the wine at a value lower than the original valuation or refuse to sell the bottle. When describing the wine in the catalogue, Sylvie’s shows in pictures the visible movement of corks and/or mentions this in the catalogue.

If, after collection or even after auction, but before delivery to the buyer, a cork falls into a bottle, collapses to some extent or if a bottle turns out to have more than minor leakage marks, Sylvie's reserves the right to return the bottle(s) to you. You will receive a correction to your list wines offered for sale, showing a deduction of the proceeds. Sylvie's will credit the buyer when the wines have been paid for.

Should such defects occur during transport to the buyer or after receipt, the buyer has the opportunity to notify Sylvie's of these defects, with accompanying photographs. In such cases, Sylvie's is entitled to pass on the costs of returning the damaged items to you.


Research

Sylvie's reserves the right to examine the authenticity of wines and goods brought in. This includes the type of bottle, the label and the capsule. However, the examination can also be taken a step further with the examination of the cork. This is done by pulling up the entire capsule or by making a small notch in the capsule of the bottle, releasing the cork, which can then be assessed for colour, production data and/or possible damage.

After examination, the capsule is closed and resealed. Usually, the value of the wine is enhanced by this kind of examination. By signing the documentation, you grant permission for this examination and thereby waive any right of recourse against Sylvie's as a result of this inspection. 


Reserve price

Sylvie's can arrange a reserve price with you. This is the price below which a lot may not be sold. The reserve price equals the low estimate or lies a bit lower and is not to be published as such.


Auction date

Sylvie's guarantees to auction your wines at the next auction if all administrative procedures have been completed four weeks before the auction date, unless you indicate that you would prefer a different auction date. All administrative procedures can only be completed when the wines are in Antwerp and the physical condition of the bottle has been assessed.

In the event of a late contribution, Sylvie’s cannot guarantee participation in the next auction.


Commission

After the auctioning of the wines, you owe Sylvie's a commission. The commission is a percentage of the hammer price. In the amount of the commission is 21% VAT included. The amount of this commission is based on a fixed agreement between you and Sylvie's. The commission is deducted from the hammer price. The balance will be paid to you.

Usually a commission rate fluctuates between 6 and 10 %. This commission varies in amount according to the amount of wines offered for sale, the bottle condition (wine colour, filling, labels, capsule, cork characteristics) and the market demand. If the description per bottle requires more time than average, for example because labels are difficult to read, the commission will generally be higher. In the case of a highly sought-after wine, the commission will generally be lower.

In the case of offers for sale totaling €10,000 or more at the 'low estimate' value, a customized rate for commission will be agreed with you.


Payment

Sylvie's will pay you the proceeds of the sale of your wines minus the agreed commission. If there are special costs to be invoiced, they will be agreed upon before signing these terms and conditions.

Sylvie's will pay you within 21 days after the auction. 

You must indicate to Sylvie's whether you wish to be paid in cash and/or by bank. For bank payments you need to give your IBAN to Sylvie's in writing. You can indicate your IBAN on the deposit slip ("consignatieborderel") or by e-mail. If you wish to be paid out in cash, you must provide a copy of the statement as proof. Cash payments are only made by appointment. If you are a new seller, we will ask for your identification.

Business sellers must send Sylvie's an invoice before Sylvie's will make a payment. Sylvie's will include all the information needed to draw up this invoice in the sales statement. You will receive the sales statement no later than the first Wednesday after the auction.

When you both buy and sell at Sylvie's, you will be paid without deducting the amount of your purchases. 

Sylvie's cannot be held liable for any late payment. Late payments are possible due to force majeure, incorrect information or lacking information such as:

- The banking system being unavailable or power failure;

- A lack of information provided (not sharing your IBAN on time, for example);

- Incorrect information - for example, your bank account no longer exists, or the person who filled in the deposit slip has written down the bank account information incorrectly or the paperwork indicates that you wish to be paid in cash, but you actually require a bank payment;.

Sylvie's will mention your address and bank details when sending your perfect-condition appraisal. You are responsible for ensuring that Sylvie's has the correct information in writing. 


VAT contributions

If your lots are subject to VAT you have to inform Sylvie's before publication of the catalogue.

If you fail to mention the fiscal status of the wines in good time, and the wines are auctioned under the wrong conditions, you are responsible for all fiscal consequences.


Withdrawing wines from the auction

Sylvie's always requests your approval for auction in writing. Sylvie's will give you a period in which to respond. If you do not notify Sylvie's within this response period, you are deemed to have tacitly agreed to the auctioning of your wines under the prices laid down. 

If you bring in wines after the deadline for deposit, you are demanded to respond to the given valuation within 24 hours. 

If you withdraw your wines after publication and/or have had Sylvie's to package, collect and process your wines and you decide afterwards not to offer your wines for auction, Sylvie's is entitled to charge you 3% of the auction value of the total 'low estimate' of bottles for the costs incurred. Sylvie's will send you an invoice with a minimum cost of €250,00.

Sylvie's is entitled to use (part of) the wines you offered for sale to cover costs incurred. They will be put up for auction in order to obtain the required amount if the entirety of the invoice is not paid into Sylvie's bank account 48 hours before the start of the auction.

You must collect any wines that you withdraw from the auction after processing. Collection is only possible after payment of the expenses incurred. These expenses are levied to cover the costs of processing your wines, insurance and shipping or any cost applicable. Marketing costs can be added if you withdraw wines after you have given your approval for the auction. Sylvie's is entitled to determine the amount of these costs.


Importance written agreement


Before auctioning your wines, Sylvie's stipulates that all agreements are recorded in writing. Any verbal agreements not confirmed in writing by Sylvie's will be deemed not to exist. In the event of a dispute, only the Courts of Antwerp have jurisdiction, the official language of the court being Dutch.

All agreements, modifying these general terms and conditions, are only valid if signed by the CEO of Sylvie's Wine Auctions. 

Sylvie's Wine Auctions is registered as a Higher Institute for Art History and Antiques, company number 0431 792 233.

This page was last updated on 30 July 2020. 

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