Consignment conditions

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

Unless contractually agreed otherwise, the sale of your wines (including other alcoholic beverages) is subject to the stated conditions. 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 the list of wines to be auctioned has been signed  including these terms and conditions.

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.

Agency

Sylvie's organizes public auctions and looks after your selling interests in the capacity of an agent. Sylvie's do not own your wines. 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. 


Reconciliation

Sylvie's will send you a perfect-condition appraisal of your wines after receiving your appraisal request. Upon receipt of your approval, the wines will be collected from you and you will receive a transport schedule from Sylvie's. This transport is all-risk insured and free of charge. The collection could happen shortly after your agreement but ultimately depends on the schedule of our drivers. 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, you will only receive a valuation of your wines in their current condition, and Sylvie's will give you a period of time in which to respond. After receiving your approval, Sylvie's processes your wines and adds them to the catalogue. If the period expires with no response from you, it will be assumed you have tacitly agreed.

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 a spam filter, disruptions by internet providers, etc.)


Insured transport and storage

If desired, Sylvie's will pack the wines for transport for you and take all the necessary equipment with them. There are no extra costs involved.

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. This means that you are insured against fire, breakage, theft and all possible damage during transport from door to door.

In Antwerp, your wine is in 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 them at change of ownership.

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

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 as well. 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 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 14 days 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 hammer price below which a lot may not be sold. The reserve price is not to be published.


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 is between 6 and 10 per cent. 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 totalling €10,000 or more at the 'low estimate' value, a custom 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.

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 ("borderel") 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.

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

When you both buy and sell at Sylvie's, you are among the first sellers to be paid out. Sylvie's starts paying out the first day after the auction. Sylvie's pays you without deducting the amount of your purchases. You will be requested to pay for your purchases separately within 7 working days after the end of the auction.

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

- The banking system being unavailable, banks requiring more processing time, power failure;

- A misunderstanding: the paperwork suggests, for example, that you wish to be paid in cash, but you actually require a bank payment;

- A lack of information provided by you (forgetting to provide your IBAN, for example);

- Incorrect information from you - for example, your bank account no longer exists in our database, or the person who filled in the deposit slip has written down the bank account information incorrectly.

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, and may mail any desired changes to Sylvie's.


VAT contributions

If your lots are subject to VAT your 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 any fiscal consequences.


Withdrawing wines from the auction

If you have had Sylvie's to package, collect and process your wines and you decide 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 not profit, but are levied to cover the labour costs, insurance and transport costs and marketing costs if you withdraw wines after you have given your approval for the auction. Sylvie's is entitled to determine the amount of these costs.

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 conditions laid down.  

 

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

This page was last updated on 27th of September 2019. Material changes in content will allways be made explicit  as a change. If nothing is mentionned below, the change concerns only the improvement of the readability of the text. 

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