General Terms & Conditions of Sale

Procedure in a nutshell

We provide a public wine auction, known as "Sylvie's Wine Auctions" or "Veiling Sylvie's". We use the term "wine" for all (alcoholic) beverages sold at auction.

Sylvie’s acts on behalf of all participants as a commissioner.

Authentication, condition monitoring and research of provenance are key factors in our process. Our specialists are accessible for questions about the wine offered in the sale. Images and catalogue descriptions are available for guidance. Catalogues are available ultimately 10 days before each sale.

The experts of Sylvie's describe with care and diligence the lots to be sold and will determine a starting price accordingly. The auctioneer starts the bid process by mentioning a starting price and inviting the audience to bid higher. The starting price is based on the bids the auctioneer has received already by email, on the website and on the Sylvie’s App.

The auction takes place live (online) in an auction room supervised by an independent bailiff:  AJO Gerechtsdeurwaarders.  

The spoken language during auction is English.

The auction can be followed live online and - in normal circumstances - in the saleroom as well. Sylvie's offers both a website and a Sylvie's App (provided by a third party, Auction Mobility). In addition, you can place your bids by sending us an email before the auction starts and you can place bids by telephone.

You are free to use all ways of placing bids in one auction, but we advice to apply one method per lot to prevent placing bids against yourself.

Bids placed on our website are absentee bids and only visible for the auctioneer. They can be changed up to an hour before the auction starts. This can be done on each of the auction days, until the day on which the lot is on the agenda. 

Live bids placed on Sylvie's App are online and visible to the public after publication of our catalogue. They cannot be lowered since they immediately effect the bids of others. Maximum live bids only become visible when needed.

If you like to place both an absentee bid and a live bid on a lot, please do so on the Sylvie's App only in order to prevent placing bids against yourself.

If technique fails you, we offer a rescue service. Just contact us via info@sylvies.be. Succes, however, cannot be guaranteed.

When the bidding stops at equal highest bids, the lot goes to the bidder who placed his bid first. All bids placed in writing and on our website and app are automatically logged for this purpose.

In case of a dispute between the bids in the auction room and the bids placed written or online, the bids in the room take precedence. First in line are bids placed in the room, second bids placed on the telephone. A discussion may arise when a live online bid placed on the Sylvie's App becomes visible to the auctioneer no sooner than seconds after a lot in the room has been sold. In order to reduce the likelihood of such a situation, the auctioneer clearly states that he is about to bring the hammer down on the lot. In case there is any doubt, the lot will be sold at the auctioneer's discretion.

Once the sale is over, our team will send you an invoice or a purchase list and an estimate of the shipping costs, according to the wishes you expressed prior to the auction or to what seems logical to us. The total amount of your invoice will include the hammer price, the buyer's premium and, if needed, additional cost These costs include shipping charges, all risk insurance and the coverage of the costs of mandatory export documents. 

Payment is due within 7 days of auction closure and/or after receipt of invoice. The payment of your purchases can be made by a bank tranfer or credit card. Cash settlements up to €3.000,00 per auction and payment by VISA or MasterCard or Bancontact are accepted on-site.

When you have registered on Sylvie's App you are expected to pay by bank. However, payment by AMEX, VISA and MasterCard is also possible on request. If you want us to charge your credit card, we need your written approval in advance. 

- VISA and MasterCard +1.5%

- AMEX +2.9%

The data needed for a bank transfer can be found on the invoice and in these terms & conditions.

Once your payment has been received, you will be provided with a confirmation of payment

Parcels will be sent within 2 working days after receipt of payment following the principle "first in, first out". If the logistics path to follow raises questions, a delay can occur. 

After the auction our team will sent a list of specific data needed to ensur a smooth delivery for pallets. After receipt of these data, pallets will be sent in accordance with your instructions and within a bespoke time frame. 

We use reliable, high-quality carriers. 

All auction results can be viewed on our website ultimately 3 working days after an auction. The results are completely transparent by showing the lot numbers, pictures of the wines, estimates and hammer prices. 

We pay the sellers within 21 days after an auction, unless agreed otherwise before the sale at the seller's request.

For both sellers and buyers, the sale of wines is irrevocable. There is no cooling-off period and purchases cannot be sent back as is possible for timed auctions.


Before Auction

Admission

When you participate in the auction, you are deemed to have read the terms and conditions of sale and :

  • you agree to these terms and conditions;
  • you declare, by means of this consent, that you are at least 18 years of age and the recipient of the wine has the requested age in the destined country;
  • you guarantee that your payments are accepted by banks within the European Union / European Economic Area (referred to as ‘EU’);
  • you declare, by means of this consent, that you yourself are the bidder, trading on your own account or have the authority to bid on behalf of your company;
  • you realize that you buy wines in the state "as is";
  • you guarantee that you are able to pay within 7 days after Auction termination;
  • you guarantee that alcohol can legally be shipped to your delivery address;

If these basic requirements are not met, we have the right to act upon the situation that evolves in our advantage in a way that seems appropriate to us.


Documents needed for entry

When you register to bid for the first time we may ask you to provide the following documents to verify your identity:

  • a copy of your passport or other government-issued photo ID and
  • proof of your residential address (such as a bank statement) dated within the last three months.

If you place your bids on the Sylvie’s App, the registration by credit card replaces this procedure.

Professional buyers are requested to send their billing- and shipping address, VAT-number and, if needed, an EORI number. Additional information can be requested to evidence the authorization to bid on behalf of the organization.

If you participate at Sylvie's Wine Auctions, we can set a spending limit or request a deposit transferred by bank before the auction starts. If your bids are unsuccessful and you do not owe us any dept, the deposit will be refunded for the exact amount received.


Trading on your own account

If transpires that the purchases must be transferred to another legal entity or entities, this does not absolve you from payment within 7 days after the auction termination even if the final buyer is not accepted by us, or is not accepted by the government. In those situations you remain personally responsible for the payment of these purchases.

Sylvie’s is entitled to refuse unexpected buyers after an auction. If you act as a spokesman for other parties, we recommend to give the names and address of these parties prior to the sale, to prevent possible complications afterwards.  


You buy wines in the condition ‘as-is’

Sylvie's selects the wines offered by sellers. This is done - among other things - on the basis of origin and condition, authenticity and estimated market value. Most wines come from cellars we have visited ourselves. Wines will not be accepted if Sylvie's doubts the veracity of the bottles offered.

The wines at auction are kept in an air-conditioned room. You are welcome to view the wines, on appointment, as soon as the catalogue has been published. The catalogue will be published online no later than 10 days prior to an auction. 

When buying old wines, you should be aware that wines age in different ways. Ageing affects the level of filling and the appearance of the bottle. Aging details that influence the value are taken into account in the description in the catalogue as accurately as possible. Prior to your bid, you are deemed to have thoroughly examined the lots in terms of their nature, authenticity and condition. 

Sylvie's offers the wines according to the rules of a public auction, in the state "as-is", including any visible or hidden defects. Sylvie's is not responsible for defects that it has not been able to observe or feel, even if a hidden defect makes the wines unsuitable for the use for which you had intended, or if the defect reduces the use of your purchase to such an extent that, if you had known these defects, you would not have purchased the wines at all or only at a lower price.

Despite Sylvie's best efforts to produce a perfect catalogue for each auction, errors may occur. They are no ground for compensation. It is up to you to determine whether or not there are any imperfections, and Sylvie's gives you the opportunity to do so: there are many photos in the catalogue and if you wish, Sylvie's can provide you with extra photos and information. Up to 10 photos can be requested free of charge. You can request a quote if you wish to receive more photos at info@sylvies.be or call us 0032 37769077.

Request for pictures for your promotional purposes after the sale are excluded from our service.


Estimates and reserve prices

We state the expected yield of the wines to be auctioned in the form of estimates in our catalogues. Presented is an expected minimum (low estimate) and maximum yield (high estimate). The seller usually has given a reserve price under which the wines will not be sold. This price will not be published and is lower than or equal to the published low estimate.

The estimates are based on prices achieved at previous auctions for similar lots and market developments. The estimates change over time and neither give nor guarantee a selling price.

It's perfectly possible to see results from previous auctions in our archives on this website. The results show the hammer prices achieved. The hammer price is the selling price of the wine before additional costs.

Transfer of risk and property

Once awarded to you, the ownership of the wine passes to you, provided that payment is done within 7 days. 

All risk insurance at place is present as long as the wine is stored in Antwerp.

All risk insurance for shipping is present throughout shipping door-to-door.   


During Auction

The auction will take place by bidding. You can bid until the auctioneer brings down the hammer on the lot. 

The order in which the lots are listed in the catalogue is usually followed, but the auctioneer reserves the right to merge lots or change the order in which the lots are listed. He can choose to restart the bidding. Additional or altered information about the wines can be given. If there is a fundamental change, the auctioneer will have the lot withdrawn. 

You can place bids in five ways:

  • in the auction room
  • by telephone (for lots of €500,00 or higher, you must be willing to bid at least the low estimate)
  • in writing, by sending us an e-mail: info@sylvies.be
  • via our website: www.sylvies.be       
  • via our Sylvie’s App, available in Google Play / App Store and via auctions.sylvies.be

You can place a maximum bid by e-mail, on the website or via the Sylvie's App. All possibilities can be used in one auction and simultaneously. It is recommended, however, that you choose one method per lot in order to prevent you from placing bids against yourself. 


Bidding steps

The auctioneer usually calls up the lots per auction in steps according to the following overview:
 

From Until 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


Starting bid

It is up to the auctioneer to determine the starting bid in the sale, to cancel a sale and to extend or shorten the bidding time. In exceptional cases, the auctioneer can also introduce another bidding step. If this happens, this change will be visible on the Sylvie's App. In none of these cases do you have a right of recourse or a right to compensation.


Absentee bids

When you do not wish to participate live you can write down the maximum price you want to offer. You can do this by placing an absentee bid:

  • by email or
  • on our website, or
  • on the Sylvie’s App.

On the Sylvie’s App two types of bids can be placed: maximum bids and live bids. 


Winning bid

If no absentee bids are higher than the bids placed in the saleroom or live online, the live bidder will win the lot one step above the maximum bid.

If there is, however, an absentee bid higher than the bids placed in the sale room or live online, the absentee bidder will win the lot one step above the highest live bid.

This means, for example, that if live bidding stops at €90 and your maximum bid was €200, you win the lot for €100.

If two or more parties leave identical bids, the first bid received will take precedence. 

 
Placing bids in person in the saleroom

In the auction room you can follow the auction progress, meet us, watch the telephone team in action and bid live. It’s exciting and easy.

You do need to register or announce your arrival in advance. Anyone fulfilling the admission requests stated earlier in our terms and conditions, can participate in the saleroom. 

You will receive a paddle number from us that will function as your buyer number. By holding it up, the auctioneer can assign the lot to you. 

The registration itself takes little time, but you should take into account that there may be peak traffic at the counter. It is our advice to be present at least 30 minutes before your lot is expected to be auctioned.

We will need your name and adress (billing and shipping), your telephone number, the language you prefer to use (Dutch, English, French or German), your shipping preferences and you are requested to indicate before the auction whether your bids are business or private

If you are a new bidder, we will request a copy of a legitimate ID.

Lots won in the saleroom can be paid for at the counter and taken immediately except for bids successfully placed on the Sylvie’s App. Once the sale is closed on Saturday, the next option to collect wine is on Thursday following the auction, between 9:00 and 17:00 CET.   


Placing bids by telephone

If you prefer to bid by telephone, we can call you directly from the saleroom and bid on your behalf with the auctioneer. Our telephone team can support your call in French, German, English or Dutch. Sylvie's must be notified no later than 24 hours before the start of the auction, else Sylvie’s cannot guarantee your participation. Placing bids by telephone is possible for lots with a value of €500 or higher and you must be prepared to offer at least the low estimate. 

To register for a telephone bid, we need the same data as for a registration in the saleroom and we like to receive the lots you like to place bids on by email. You must ensure that you can be reached when your lot is to be auctioned.Our telephone panel will contact you a few minutes before your lot will be processed. If contact is not immediately successful, our team will keep trying to reach you, and it is therefore our advice to await their call instead of calling us.To avoid disappointment, we recommend that you consider leaving an absentee bid by e-mail and have our telephone time act on your behalf when needed, might we not be able to contact you during the sale.

Via the homepage of our website and on the Sylvie’s App you can follow the auction progress. On the homepage you can see a red lot ticker above the top menu.  

Placing absentee bids by email

Sylvie’s offers a catalogue in PDF (and Excel on request) and will process your bids returned. You may also send an email on info@sylvies.be and have us placing your bids. The same process for registration applies as for participating in the saleroom. You can send your mail up to 24 hours before the auction begins. After that time we cannot guarantee that your bids are taken into account.

Placing absentee bids on the website

Via the website www.sylvies.be you can leave absentee bids only. You can place and change your bids until the website closes an hour before the start of each auction day. 

You are requested to indicate before the auction whether your bids are business or private. You enter a billing address and a telephone number where you can be reached during the day.

Notice: when allocating bids via the website, no priority is given to bidders who bid slightly more than the indicated bidding steps in the table. For example, if bidding €101 instead of €100. The €101 bid will be rounded to the nearest bidding step. In this case it is €100. The lot goes to the bidder who first offered €100.

Placing bids on the Sylvie’s App (live) online

Participation via the Sylvie’s App comes closest to experiencing the thrill of the saleroom right on your mobile device or computer when your unable to attend in person. Sylvie’s online bidding platform, via our third-party provider Auction Mobility, has live streaming video of the auction. All of Sylvie’s auctions are fully accessible for online browsing and bidding. 

The free Sylvie’s App is available via Google Play and the App Store. Its functionalities can be used on your smartphone, tablet and computer. It’s simple and quick.

On the Sylvie’s App you can place both maximum bids and live bids.

• Registration

Clients who wish to bid online with the Sylvie’s App are advised to register at least 24 hours in advance of the sale. If you register once the sale has started, we cannot guarantee the processing of your subscription in time. 

In order to participate on the Sylvie’s App, a valid credit card number is requested for identification. Accepted are cards from VISA, MasterCard, Discover or AMEX. The credit card number is required for registration only, and you keep your freedom to pay by bank transfer or in cash. You must provide a valid email address, a username, addresses for billing and shipping and the telephone number where you can be reached during the day. 

This registration gives access to all auctions, but for leaving completely changeable maximum bids you are required to create a new account on the website. On the website you can place bids without credit card number, but an alternative proof of ID can be requested..

• Possibilities of placing bids on the Sylvie’s App

You will automatically receive a signal that the auction is online and you can place your bids. The sale starts as a timed auction and is finalized live during the auction days. You will receive an alert if your bid has been challenged.

You can also opt to follow the bids on a specific lot. The bids in the saleroom can be tracked real time with image and sound. Each bid coming in from the auction room will appear on your smartphone or tablet once the auction is live.

You are offered two possibilities to bid: live or as an absentee if you are unable to follow the sale to its end, simply enter your maximum amount. The Sylvie’s App will bid on your behalf up to and including this amount. A live bid cannot be cancelled once it has been submitted. 

You may change your maximum bid amount on the Sylvie’s App if the current bid is lower than your maximum bid by sending an email request to Sylvie’s.

Finally, it's possible to have Sylvie's set a spending limit at your request.

All bids placed - except of course for your maximum bid until the maximum is needed to be displayed - are immediately visible to all other bidders on the Sylvie’s App.


Online live bidding is easy, because the bidding steps are already pre-programmed according to the table on this page. However, during the auction, the auctioneer can decide to adjust the bidding steps for a specific lot. You will see this adjustment appear automatically before you start bidding.

If you place a maximum bid, you keep the freedom to bid live online during the auction. You cannot bid against yourself via the Sylvie’s App, provided you do not register an absentee bid in any other way.

You will immediately see if your bids were successful or not, including hammer prices.  

The auctioneer will receive your online bid with a minimal delay in the auction room. When he is about to bring the hammer down, he will usually communicate this by giving a "fair warning" or a "last call". Your mobile might vibrate when this stage is reached. Because of the small delay, you must make sure that, if you are interested in a wine, you place your bid as soon as possible.


Difference between two online platforms 

The difference between the two different platforms is summarized below:
 

Feature On the website On the Sylvie’s App
Placing live online bids Not possible Possible
Placing absentee bids Possible Possible
Register without credit card Possible Not possible
View bids from other participants Not possible Possible
Follow bids on a specific lot Not possible Possible
Receive an alert if your bid is overruled Not possible Possible
Withdrawal of, or lower, a live bid

Not possible, the bid is binding

Withdrawal of, or lower, an absentee bid

Possible

Only possible if the current bid is lower than your maximum bid
Place a bid below the low estimate Possible Not possible
Receive a list of lots won and lost   Not possible Possible in real time
Page www.sylvies.be auctions.sylvies.be


Placing bids on the website is possible from the publication of the catalogue online and guaranteed up to an hour before the auction begins. Placing bids on the app is possible from the publication of the catalogue on the app up to and including the auctioning of the lot. The app starts as a timed auction and becomes a live (online) auction. The data of the live & live online auctions can be found at our website.


Rescue Service

When all other options are no longer available, we offer a rescue service to help you place your bids during the auction. Just mail or call us, and we will see if and how we can assist you. If you call us, we always demand a written confirmation of your request. 


Hammer price and costs

The hammer price is the selling price of the wine before additional costs. 

Lots are brought in by both private sellers and professionals. Most lots are supplied by private sellers. Lots originating form companies become so called ‘VAT-lots’ and lots from private sellers become ‘margin lots’. ‘VAT-lots’ are marked with a bold bullet, a star behind the lot number or stated as  ‘+ VAT’ on the Sylvie’s App.

Margin lots are free of Belgian VAT on the hammer price, but contain 21% non-deductible VAT in the buyer’s premium. The buyer’s premium amounts 20% including 21% VAT.

Lots brought in by companies are liable for 21% Belgian VAT over the hammer price in comparison to the price of a margin lot.

The EC and Belgian guidelines for VAT apply. For export outside the EC, provided that legitimate proof of export can be obtained, the purchase is not liable for Belgian VAT. Companies within the EC can shift the VAT and Belgian professionals can have the VAT refunded / deducted. Companies that collect their wine in person at the counter, will receive an invoice including VAT. 


In Belgium, for companies within the EC and abroad, it’s possible to ask for a VAT invoice for margin lots. In that case both hammer price and buyer’s premium become liable for 21% VAT and can be treated for the (non) payment of VAT accordingly. This option creates the possibility for export companies outside the EC to receive a completely VAT-free invoice and for companies within the EC to have the full VAT shifted.


E-commerce rules for cross-border B2C supplies of wine (applicable within the EU-only)

From 1 July 2021 private buyers within the EU purchasing VAT-lots will receive the VAT of their own country invoiced. If you collect the wine in Antwerp yourself, you will pay Belgian VAT.

If both margin-lots as well as VAT-lots are bought, we will send separate invoices. 


Additional cost

On our invoice you will find the hammer price and following additional cost:

  • buyer's premium (20% or 16.53%, depending on the applicable VAT guideline)
  • 21% VAT on the hammer price if applicable (for most lots, Belgian VAT is not relevant)
  • shipping charges (optional) *
  • all risk insurance (optional, but recommended) *
  • €24,50, for a pallet box if the total value of your purchase is less than €2.000 * 
  • €50,00 for an Electronic Administrative Excise Documents (for companies only) *
  • €15,00 for a Certificate of Origin for Champagne (for companies only) * 

All these prices marked * contain 21% VAT and this VAT will be processed following the applicable EC VAT guideline.

Before you bid, you can use the shipping information in the footer of Sylvie’s website (work in progress 2021) to see the shipping charges, excluding customs and import fees. You can also ask us for a quote by email info@sylvies.be


Resale of purchases without possession

As a bidder, you are expected to act on your own behalf and at your own risk. If you buy wines and sell them to third parties without already having taken ownership, Sylvie's is not liable for any consequential loss.


Resale of wines in original cartons (Oc)

At Sylvie's, bottles in original cardboard boxes do not lead to higher valuations. The condition of the cardboard box is not described in the catalogue and the photo does not always show the cardboard packaging.

The cartons are, however usually shipped together with the wines. If the original cartons are not packed for whatever reason, we are not eligible for a claim and not liable for any consequential loss, even if you claim to experience different market conditions.


Resale of wines in original wooden cases (Owc) or giftboxes 

If you buy wines in an original wooden case, we send the case separated from the wines as a default. Would you prefer to keep the wines in the original packaging, you must ask us immediately after the auction. 

For wines considered to have an investment value, to be decided by us or upon your request, Sylvie's offers the possibility to deliver your wines in a pallet box to keep your wines in the state "as is". If your amount of wines bought is insufficient to fill the pallet box, you are offered to possibility to store your wines at Sylvie’s until you do. 

If an Owc is mentioned in the catalogue, but the case does not appear to be present at the time of shipment, Sylvie's will not correct the hammer price, unless our valuation would have led to a difference in yield. The same rule applies for giftboxes. 


After the Auction

Publication of results

The final results will be available online no later than the Wednesday after the auction on www.sylvies.be. The results are in Euros and contain the hammer prices only.
 

Unsuccesful bids

If you did not win any lots, we will inform you accordingly within 48 hours after the closing of the auction.

 

Paying

All clients must provide Sylvie's the necessary data for the creation of an invoice in due time and check their invoices for correctness. We will send you an invoice or a purchase list within 48 hours after the auction. The exception on the 48 hours is for bespoke shipping by logistics partners or when questions are raised.

On the 15th of the month following the auction, or if your invoice has been processed by the One-Stop-Shop-system in the EU (new legislation per 1 July 2021 for private buyers, purchasing VAT-lots), Sylvie's will no longer draw up invoices for you.

 
Payment within 7 days

All financial transactions take place in Euros.  

Payment is possible by bank transfer, by credit card, in cash (with a maximum of €3.000,00 per auction) or with a bank card at the counter. Irrespective of the time of dispatch or collection, you must pay the invoice within 7 days after receipt and/or within 7 days of auction closure. All banking and credit card fees, are at the buyer's charge. 


Bank Transfer

We prefer a bank transfer for the payment of your invoice. Please always mention the buyer number you find on the invoice. All bank transaction fees ar at your account.
 

Sylvie's bank details are:

ING Bank Kapellen, Antwerpsesteenweg 38, 2950 Kapellen, Belgium

IBAN BE11393050135248

Swift BBRUBEBB

Payment in favour of: Sylvie's Wine Auctions (HIKA), Italiëlei 21, 2000 Antwerp, Belgium.


Cash / card payments at the counter

Cash settlements are possible up to €3.000 per auction. Payment in cash and/or (bank)card at the counter is only possible in Antwerp by appointment and a valid proof of identity can be requested. 


Credit card

You are always responsible for a timely payment yourself. Participants on the Sylvie’s App can be charged via Stripe Bank (VISA, MasterCard, AMEX and Discover0. If you use Stripe, your credit card number remains invisible for us. Upon written request we can, as an alternative, charge your credit card via a device in Antwerp (VISA and MasterCard only). For the use of VISA and MasterCard a fee of 1,5% applies, for alle other cards 2.9% will be calculated.

Taking care of import charges in your country

Our carriers usually take care of the compliance to the export regulations and the import charges in your country. They will send you a bill for these charges in addition to ours. The charges include e.g. excise duties, levies and taxes.

In case of export outside the EU, there may be zero Belgian VAT on your invoice, but you may receive the VAT of your own country separately invoiced by carriers and forwarders instead - and some import charges added.

In some countries alcohol is not allowed to be imported or there are very strict rules for spirits. You are responsible to inquire about these costs and restrictions before the sale.

If import charges have to be paid up front, we can offer our assistance.
 


Collecting

Collecting wines yourself

Collection is possible after publication of the final results on line. Collection in person can take place during office hours from Monday - Friday and on t he first Saturday of auction closure.

All self-collections are possible by appointment only and the first available day of collection is Thursday, the fifth day after an auction. 

If you come to collect your wine in person and you have paid in advance, we advice to wait until you have received our confirmation. We do not accept digital bank statements as a proof of payment.  

If you use your own carrier, you will receive our instructions about the process to follow. We only hand over your wines if we have 100% proof that the driver is authorized by you. We demand that your name and destination are clearly stated on the shipping documents. It is your responsibility to instruct your carrier on this topic. Exporting companies that meet the export conditions of the EU can make use of the shifting of the VAT or the deduction of Belgian VAT on the hammer price. Things are slightly different when wine is collected in person at the counter and proof of export is lacking. In that situation we will charge refundable Belgian VAT on the hammer price of VAT-lots and margin lots will keep 20% buyer's premium including non-deductible VAT.

We will not draw up credit notes and new invoices after the 15th of a month following the auction or as soon as your invoice on VAT-lots has entered the One-Stop-Shopping System. The One-stop-Shopping System is active for the processing of non-Belgian VAT for private purchase for all VAT-lots sent B2C from 1 July 2021. Private EU-buyers that have their wines shipped, will find the VAT from the destined country on their invoice. 

 

Shipping 

You can choose to arrange shipping through Sylvie’s approved shippers, arrange your own carrier or collect your purchases in person. If you have questions about shipping to your country, we advise you to contact us prior to the sale. Before you bid, you can use the shipping information in the footer of Sylvie’s website (work in progress 2021) to see the shipping charges, excluding customs and import fees and transit times to several countries. If your country is not on this list, you can ask us for a quote and information by email info@sylvies.be


• Benelux and purchases over €5.000,00

Within Belgium, Luxembourg and the Netherlands, purchases over € 5.000 are delivered free of charge (islands excluded).

• Antwerp

If you live near Antwerp (30 minutes by car), as a default, you will not receive a shipping quote

• Shipping quote

We make up your invoice according to your preferences on file or as they seem logical to us: if you do not live near Antwerp and your delivery is not for free, we will send you a shipping quote and assume your approval if we do not receive a response within 2 working days. After this, we will send an invoice.

• Confirmation of payment  

Once your payment is received, you will receive a confirmation. 

• Parcels

Parcels will be sent within 2 working days after receipt of payment following the principle "first in, first out". If, however,  the logistics path to follow raises questions, a delay can occur. 

• Pallets

After the auction our team will sent (from April 2021) a list of specific data needed to ensur a smooth delivery. After receiving the requested dat, pallets will be sent in accordance with your written (!) instructions and within a bespoke time frame. 

• Carriers and track & trace

We use reliable, high-quality carriers. If you proceed with our shipping quote, parcels are usually delivered in accordance with the transit time for your country stated on the website. When the parcel leaves Sylvie’s, a number to track the status of your delivery will be sent. If the planned delivery does not suit you, you are requested to contact the carrier yourself and make a new appointment. When shipped wine is returned to Sylvie’s because the wine could not be delivered due to negligence on the part of the buyer (wrong address, long absence, recipient too young), the costs for a new delivery will be borne by you.

• Shipping in case of bad weather

Sylvie’s will ship purchases when circumstances permit. If the temperature from door-2-door is expected to exceed 25 degrees Celsius or is to go below 2 degrees, Sylvie’s will not ship wine. Instead, Sylvie's will store your purchases for free. It is up to us to decide how much storage time is needed. 

However, if you persist in sending your wine at temperatures we consider harmful, we will request your permission in writing stating that we will not be held liable for any consequential damage or loss.

• Tailor made services

For tailor made services, we offer tailor made prices. Please send us an email on info@sylvies.be for a personalized offer.
 

Insurance

All risk insurance

All risk insurance is optional but recommended and calculated as a default.
 

Invoice value (hammer price and buyer’s premium)  Premium ex 21% non-deductible Belgian VAT
€1- €4.000,00 0.6%
€4.001- €27.500 €27,50
> €27.500 0.1%


An all risk insurance is not obligatory but a choice. Your wine is insured against damage related to shipping. Shipping is insured against theft, breakage and loss. 

We minimize the risk of damage during transport through the choice of carriers and packaging. However, if despite our efforts damage does occur, we will reimburse you insofar as the insurance company covers this damage. 

An all risk insurance covers the damage up to the amount indicated on the invoice and never covers consequential loss, like the damage due to the collapse of a cork in a bottle and leakage. The damage from cork taint or other defects, is also not covered by the insurance policy.

When you omit the all risk insurance, the carrier's CMR insurance will always apply, which offers a (low) kilogram price in case of damage. If you do not choose for all-risk insurance, we ask you to confirm this in writing.


Making use of all risk insurance 

In order to be able to invoke insurance, we ask you to provide us with photos of the damage immediately, unless of course the nature of the damage is such that this is impossible (loss or theft). In the event of damage to the outside of the packaging that makes you fear for the contents, you must refuse delivery. In case of loss or theft we will ask you to provide all relevant declarations of theft or loss with the responsible authorities.

You must ensure that the person who receives your purchases is able to take photographs. If you send pictures more than 3 days later, there is a risk that the insurance will not accept the claim and then the damage may become your own responsibility.

You will receive your compensation as soon as possible after reporting the damage and acceptance of your claim by the insurance company.
 


Storage

Free storage

Storage is free for six months, provided you pay your purchases within 7 days after receipt of your invoice and / or auction closure. A request for storage must be made in writing. Sylvie’s Wine Auctions can charge storage fees for €150,00 a week if the mentionned prerequisites are not met. Your wine will be stored  all risk insured, secured and climate controlled. If your storage is passing 6 months, we will contact you and make an agreement on collection or shipment. However, if, despite triple efforts to contact you, no wine collection or shipment takes place, we are entitled to sell the wine and cover the storage cost for €150,00 per week, counting immediately after the deadline given in our last warning.
 

Insolvency 

Late payment

Buyers are requested to pay within 7 days after receipt and/or within 7 days of auction closure. Sylvie's guarantees all payments to sellers to be executed within 21 days after the auction unless agreed otherwise before the auction takes place.

If you do not pay your invoice on time, your payment is overdue and we will send you a reminder.

When full payment has not arrived on our bank account within 21 days after auction, we can take all measures available, whether legal or practical.

In order to cover for costs incurred, you are held accountable for: 

  • hindering the operation of the auction by preventing payments
  • a negative difference at resale 
  • any other direct damage we experience and, if needed,
  • the tariff for legal assistance 

We will take into account the relationship built up. Deposits and spending limits can be set for upcoming auctions but we are nevertheless entitled to: 

  • calculate a fixed fine of €150,00 for avoidable administration counting from day 21 after an auction
  • exclude your participation in subsequent auctions
  • resell the wines unpaid

When a deposit was requested and your bids appeared to be unsuccessful and you do not owe us any dept, the deposit will be refunded for the exact amount received within 10 days after the auction closure.
 

Restrictions by the government

If we are not allowed by government or bank to accept your payments (anymore) our relationship ends immediately and our agreement is to be considered non-existing. Sylvie's will become the new owner of the wine.
 

Bonded and unbonded sales

Sylvie's offers 2 types of sales: regular auctions and the selling of wines under bond. Sales under bond have a different buyer's premium and different conditions for sale. When such a sale takes place, the details will be specified precisely.


Bidding by employees of Sylvie's

Employees of Sylvie's are allowed to bid transparant, in their own name and tracable: live in the auction room (sitting at the front and visible to all) and via the Sylvie's app under the same conditions as all other bidders, supervised by the bailiff. Bids placed otherwise will not be taken into account by the auctioneer.


Legal Framework

Sylvie's Wine Auctions and Veiling Sylvie's are tradenames of the ‘Hoger Instituut voor Kunstgeschiedenis en Antiek (H.I.K.A.)’ under company number BE0431792233. The name of the Institute reflects the history of Sylvie's.
 

Supervision during the auction

The auction will take place under the supervision of a legal representative in the form of a bailiff. The bailiff ensures that the auction process during the auction days follows the legal rules for public auctions and according to the conditions that Sylvie's has indicated to you on this website.
If you do not agree with the manner in which the auction is conducted, a decision will be made by this judicial officer, acting as a court in the saleroom. In extreme cases, the courts of Antwerp will rule. 
 

Language

English is spoken during the auction if the auction takes place at least with the Sylvie's app switched on. Explanations can also be given in other languages ​​during the auction. Several languages are used on the website. Sylvie's aims to translate as accurately as possible from Dutch to English, French and German. However, in case of disagreement, only the text in Dutch is valid under law and the language of the court is Dutch.


About prerequisites of Public Auctions (in Dutch only)

The fundamentals can be found here: 

art 1.8, 36 WER

art. VI.75 en volgende WER


Difference purchase in a (web) shop and at a public (life) auction

Due to the nature of sale by auction, the following 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 to return for purchases at an auction. You buy the wine in the condition it is in ('as is'). 

If, due to errors or due to other causes, lots are not present or incorrect, no recourse is possible. They do not constitute grounds for cancellation of the purchase. Thus you know that at the sale there is no right of recourse due to defects in the merchandise (art. 1649 of the Civil Code), nor on the basis of the prejudice (art. 1648 of the Civil Code).
 

VAT-rules (E-commerce excluded)

For the margin scheme of public auctions: articles 333-341 VAT Council Directive 2006/112/EC

For intracommunity deliveries for the shifting of VAT: art 138 of Council Directive 2006/112/EC

For the collection of wine free of VAT: art. 146 van richtlijn 2006/112/EG

For collection of wine by companies in Antwerp:  art. 39 bis, 1º W.Btw (Dutch only) , Circulaire AFZ nr. 02/2013 dated 23.01.2013 (in Dutch only)


E-commerce

Sylvie's follows the regulation on e-commerce for the VAT for the purchase of a VAT-lot by a private buyer.

In April 2016, the European Commission launched its Digital Single Market Strategy for Europe (DSM Strategy) as part of the VAT action plan. This included an initiative to modernize VAT for e-commerce, which aimed to simplify VAT obligations for businesses involved in e-commerce while at the same time combating VAT fraud and ensuring fair competition for European businesses. On 5 December 2017, the European legislator therefore adopted the VAT e-commerce package, which entails new e-commerce measures.


GPRS

Sylvie's is bound by the privacy protection legislation for the processing of personal data. See the separate section on this subject on this website. By participating in the auction, participants agree that Sylvie's may retain and process their personal data (both within and outside the EU) for the purposes described in this section. Sylvie's allows itself to keep auction data for public health reasons since wine can remain in circulation for decades before being consumed.

Cookie Policy

Legislation can be found here. Sylvie's uses functional cookies. These cookies log the language you use, make sure you stay logged in and can keep placing bids. There is also an entrance to Google Analytics and articles can be shared by Facebook, Twitter  and Instagram. Sylvie's makes no active use of cookies and information gathered by Sylvie's is not shared with third parties. 


Anti money laudering and counter terrorist financing

We use strict cash payment limits and third party payments are handled as described in these terms and conditions. Buyers from high risk countries mentionned in the EC-directive will always be requested a proof of ID.

Background for requesting personal identification and restrictions on cash transactions: on 16 September 2020, the European Commission adopted a report assessing whether Member States have duly identified and made subject to the obligations of Directive (EU) 2015/849 all trusts and similar legal arrangements governed under their laws. Directive (EU) 2015/849 (the 5th anti-money laundering Directive) indeed extended to trusts and similar legal arrangements the transparency rules and obligations applicable to legal entities, requiring Member States to identify and notify trusts or trust-like arrangements governed under their legal framework.
 

Retention periods

Sylvie's is bound by the legislation to protect privacy for the processing of personal data. Here you can see what personal data we keep of you.

Sylvie's reserves the right to store auction data appropriate to the life cycle of wine with a view to public health. 
 

Force Majeur

If bids do not reach the auction room, or the functionning of the auction as a company is hindered, as a result of failures in electricity, software or used techniques - not caused by Sylvie's - , Sylvie's cannot be held responsible and shall not be obliged to compensate any loss. Situations of force majeure also include strikes, transport problems, deficits in team capacity due to illness, passing away and the following up on government requirements, damage caused by fire, natural disasters and war. 


Pictures and publications

All images and other materials produced for the auction are the copyright of Sylvie's or the artist, for use at Sylvie's discretion.


Importance written agreements

Sylvie's prefers to work transparant and verifiable. All verbal agreements not confirmed in writing by Sylvie's Wine Auctions, are deemed not to exist. 
Wine sellers will receive a copy of the terms and conditions as they apply at the time of agreement. Sylvie's receives a signed copy.


Acces to the saleroom

Sylvie's reserves the right to refuse visitors / buyers access to the auction rooms without having to make the reasons explicit.


Modification of terms and conditions

Sylvie's reserves the right to change the website at any time. Changes in Buyer Premium and VAT will allways be communicated through our newsletters and can be found in the archive of our newsletters. 

The date of the last review or revision of the terms and conditions is always stated on the website.

No party will be able to claim compensation for damages suffered as a result of these changes.

For further assistance, you may always contact us by email at info@sylvies.be or by telephone 0032 37769077 (Monday - Friday, 9:00-17:00 CET)


Updated 19 April 2021

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