Conditions for buying and selling

The following conditions of sale apply to the legal relationship between Bureau A tot Z / Harry J. Kraaij Text & Editing (Tekst en Redactie) [hereafter to be called: "Seller"] and the "Buyer" or "Intending Buyer". Seller therefore requests Buyers and Intending Buyers to read these conditions of sale carefully.

Buyer or Intending Buyer is deemed to act in his own name and for his own account. By filling in the Order Form, by signing a Contract of Sale, by making spoken, written or any other kind of agreements, Buyer or Intending Buyer states that all information supplied (for example, personal data, address and account numbers) is correct, reliable, up to date and legal. Seller may demand that Buyer or Intending Buyer show valid proof of identity.

Seller guarantees the authenticity and fine condition of all objects. Sold paintings will therefore be accompanied by a Statement of Authenticity and a Valuation Report. Possible restorations, re-canvasses or other important observations on the condition of the works of art shall always be described on the website. Nevertheless, an Intending Buyer can always call in for more information, or a condition report of an independent specialist. The last will only be arranged at the expense of the Buyer.

If a Buyer agrees to purchase an object out of Sellers’ collections, he is obligated to buy the said object. This agreement is based on the assumption that the Buyer is satisfied as to the authenticity and good condition of the sold item. At the other hand, Seller will do everything in his power to give Buyer good and reliable information on the sold item.

When Buyer and Seller have finished negotiations, the Buyer will transfer the sum of the purchase price to the Seller. The bought item shall not pass to the Buyer until he has fully paid the purchase price, as well as any and all other monies due from the Buyer to Seller as a result of any other purchase agreements. Until such time, Seller shall have a lien ("retentierecht") on the bought objects. As soon as Seller has received the amount of the purchase price, he will make arrangements to ship the object.

Costs for packaging, shipping and insurance are always paid by the Buyer. Seller will inform Buyer in advance of the expected amount of these expenses.

Buyer shall pay the purchase price to Seller within seven days after agreement of sale has been made, failing which he shall be in default. In this case, from the moment he is in default, Buyer shall owe interest to Seller on the purchase price at a rate equal to the legal interest plus two percentage points.

Buyer shall be liable for the costs of removal, storage and insurance of objects that have not been totally paid for within the period referred to above.

Seller does not accept responsibility for any loss or damage which may occur during packing, storage or transportation of the object(s).

A sold work of art (this does not apply to antiquarian books) can always brought in again to Seller’s collection for re-sale, but only if the object is in the same condition as it was at the moment the Buyer purchased it. In that case, Seller will be pleased to sell it for the Buyer. Seller guarantees Buyer at least the same price as he purchased the object for out of Seller’s art collection. Starting 5 years after original selling date, the Buyer will receive a bonus amounting to a maximum of 30% of the difference between the original purchase price and the re-sale price. Seller and Buyer have to agree on the new selling price and a reasonable term in which Seller should be able to sell the object. Packaging, shipping and insurance are always at the expense of the depositor.

If there will arise any doubt about sold items, an independent specialist must be consulted for his opinion by and at the expense of the buyer. Seller has the right to verify the reliability of the specialist and must approve of his or her appointment. If this ’second opinion’ results in rejecting the object, Seller will take back the object and refund the Buyer’s purchase price. Storage, packaging, shipping and insurance during this process, always remain at the expense of the Buyer.

All of our objects are sold in accordance with the Dutch tax laws. Please note: The ’Marge Regeling’ (Margin Scheme) is a Dutch law applied to works of art and antiquarian books. This means that VAT is integrated into the total sale price, and does not appear on our invoice for customers within the European Community. Buyers outside the European Community can apply for a reduction of the sum of the VAT from the purchase price. The Buyer must furnish Seller with all relevant information concerning his VAT status. The Buyer warrants this information to be correct. After payment of the invoice, refund of the VAT sum shall no longer be possible.

An option taken on one of the items out of our collections by the Intending Buyer will last three calendar days. If no written confirmation (by fax, regular post or e-mail) or payment is received after this term, reservation is cancelled. Seller is than entitled to sell the object to another client.

If a Contract of Sale is signed by both sides, Seller and Buyer are bound to the content of the contract.

All notifications and communications to Seller shall be made in writing.

Agreements with relation to text, editing, production of books, organization of exhibitions and special events will be formulated in specific contracts.

The legal relationship between Seller and Buyer and all agreements made in speech or in writing shall be governed by Netherlands law.

Seller’s works of art and antiquarian books are described with utmost precision. However, if you have any remarks on this, please let us know.

Bureau A tot Z / Harry J. Kraaij Text & Editing
Amsterdam, The Netherlands
Updated November 2004