Terms and Conditions & Privacy Policy

These terms and conditions and privacy policy (hereinafter the “Terms and Conditions”) may either be consulted in full on the Website or downloaded and printed. All Sellers, Bidders and Users acknowledge that they have taken note of and accepted the Terms and Conditions before using any of the services offered by Millon Belgique in the context of its Catalogued or Web Auctions. These Terms and Conditions alone apply and take precedence over any other provisions.

1. Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

  • Buyer: the Bidder to whom a Lot is awarded in a Catalogued or Web Auction;
  • Terms and Conditions: the present terms and conditions;
  • Bidder: any natural or legal person who/which bids during a Catalogued or Web Auction;
  • Millon Belgique: MILLON BELGIQUE SPRL, whose registered office is at 39B avenue des Casernes, 1040 Etterbeek (Belgium), is registered with the Crossroads Bank for Enterprises under the number 0891.455.833, and acts as an intermediary;
  • Lot: one item or several items forming a whole, which is offered for sale during a Catalogued or Web Auction;
  • Website: Millon Belgique's digital environment on the Internet, where Users can find information and/or use Millon Belgique's services via software developed by Millon Belgique, that software being accessed in particular at www.millon-belgique.com and at other higher-level domain names registered by or on behalf of Millon Belgique, including all their sub-domains and sub-pages, as well as via the mobile versions of that/those website/s, and including all the software programmes and all the applications, whether mobile or not, which may potentially be used;
  • User: any natural or legal person who/which uses the Website and/or Millon Belgique's services and/or is the holder of a user account;
  • Seller: any natural or legal person who/which offers one or more items for sale at a Catalogued or Web Auction;
  • Catalogued Auction: any auction based on a catalogue or brochure which is physically held at Millon Belgique's registered office or in another physical location;
  • Web Auction: any auction which takes place exclusively on an Internet platform, in particular belonging to Millon Belgique, the auction being systematically preceded by an exhibition during which interested parties can “physically” inspect all the Lots;
  • General Data Protection Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

2. Principles for Catalogued and Web Auctions

Millon Belgique organises two types of auctions:

  • Catalogued Auctions
  • Web Auctions

2.1. Provisions that apply to both Catalogued and Web Auctions

All consigned items are entered for and sold at auction in accordance with these Terms and Conditions, to the exclusion of all other terms and conditions.

Being an intermediary, Millon Belgique does not own the Lots put on sale. As such, Millon Belgique may, in particular, never be held liable for any losses incurred as a result of or in the context of the conclusion of a sale between a Buyer and a Seller, including but not limited to any loss incurred as the result of a sale which is either unfavourable or perceived as such by either the Buyer or the Seller when a Lot is auctioned for a higher or lower price than its actual or expected value.

Lots are awarded to the Bidder offering the highest bid, provided that the Bidder can be properly identified, is solvent and complies with the full Terms and Conditions.

Millon Belgique nevertheless reserves the right, at its sole discretion, to decline a bid or exclude a Bidder, either before or during an auction.

Millon Belgique has discretion to decide whether or not to enter one or more items for sale, and to determine their estimated price, how they are described in the catalogue or on the Website, whether any copies are produced, how they are advertised, the date of the auction and how the auction is conducted. Millon Belgique reserves the right to combine several items into one single Lot.

Lots are included in the auction catalogue or on the Website free of charge. Millon Belgique reserves the exclusive right to photograph Lots and to decide whether or not to include photos in the catalogue or on the Website.

Lots are put on sale as they are, with their imperfections, defects and any errors in their description. Under no circumstances can Millon Belgique be held liable for the descriptions and estimated values in the catalogues, or its assessments of the condition of items, since these are purely indicative. The same applies to information about the author, signature, date, provenance, origin, authenticity and condition of Lots. Buyers, whether professionals or not, may view and appraise each Lot and/or request any information about them at their leisure before the auction and during the auction exhibition.

The photos in the catalogues or on the Website do not form part of the contract and are purely for information.

Bidders (including Buyers) form their own opinions about Lots, and no complaints of any kind are accepted once the hammer has fallen, even if they relate to the description, estimated value, content or condition of Lots in the catalogue or on the Website.

In any event, Millon Belgique's liability may not exceed the total commission actually payable to Millon Belgique by the Seller and Buyer.

In any case, and given in particular that all Bidders have the possibility, and indeed receive a formal invitation from Millon Belgique, to view and appraise the Lots before the auction, Bidders (including the Buyer) explicitly agree not to make any claims or complaints of any kind more than 15 days after the date when the Lots were auctioned.

Bidding instructions and telephone bids. Bidders may submit bidding instructions and (for Catalogued Auctions) may bid by telephone. In the latter case, Bidders shall confirm their participation in the auction by letter or e-mail, disclose their identity, and provide any information requested by Millon Belgique. In particular, the latter reserves the right to request bank references.
Millon Belgique may not be held liable for any errors made by Bidders, including when providing Lot numbers or telephone numbers, or for any communication problems and/or problems with receiving letters or e-mails (telephones engaged, lines down, mobiles, etc.).
Bidders are aware of and bear the risks inherent in this process. If two bidding instructions specify the same maximum bid for the same Lot, preference will be given to the instructions which arrived first.

2.2. Specific provisions for Catalogued Auctions

Catalogued Auctions are physically held on a given date and are preceded by an exhibition of the Lots offered for sale (with the exception of Lots offered for sale on the basis of their description, which may nevertheless be inspected in situ).

They are held under the aegis of a Legal Supervisor and an Auctioneer.

In case of dispute, only the Legal Supervisor or the Auctioneer present may decide to offer the Lot for auction a second time. Their decision is final and binding on all parties, and may not be appealed.

2.3. Specific provisions for Web Auctions

Web Auctions take place exclusively on a web platform. They are systematically preceded by an exhibition during which interested parties can “physically” inspect all the Lots.

The bids are managed automatically by the IT system, in accordance with general bidding principles.

In the case of a dispute about the bids, the data recorded by the IT system is authoritative and Millon Belgique determines the winning Bidder on that basis alone. Its decision is final and binding on all parties, and may not be appealed.

Millon Belgique may cancel, postpone, extend or terminate a Web Auction without justifying its decision to potential or existing Sellers and Bidders.

Millon Belgique may reopen the auction following an interruption, in particular if Users have been prevented from enjoying optimal access to the Website as a result of a problem with it, and may do so at a time and in a manner of its choosing.

3. Sellers

Sellers declare that they are over 18 years of age and have legal capacity.

Ownership of the item/Lot put up for sale. Sellers declare and assure Million Belgique that they are the sole and exclusive owner of the item/s or Lot/s which they are offering for sale, and that the item/s or Lot/s concerned are free from all liens and encumbrances. Millon Belgique reserves the right to decline to sell and/or to exclude from the auction, without prior warning and with no obligation to justify its decision, any item whose quality, provenance and/or authenticity raise doubts of any kind.

Sellers are obliged to check that the description, estimated value, content and condition of the Lots in the catalogue or on the Website are accurate, and may indicate any errors and/or propose amendments to Millon Belgique in due time. Unless Millon Belgique has failed to respond to an explicit reservation issued by the Seller in due time, the Seller shall indemnify Millon Belgique against any claim made against it by a Bidder (including the Buyer) or any other third party.

Reserve price. Sellers are entitled to propose a reserve price for items offered for sale, in other words a minimum price below which an item/Lot will not be sold. Subject to the agreement of Millon Belgique, that reserve price appears on the consignment slip. The reserve price may not be modified, unless the Seller and Millon Belgique agree to do so. Under no circumstances is a reserve price set for an item/Lot whose estimated price is below €200.

If the item/Lot does not reach the agreed reserve price, it is withdrawn from the auction. Under those circumstances, the Seller may not claim any payment and must collect the item/Lot by appointment from Millon Belgique no later than 15 days after the date when it was auctioned. Any unsold items/Lots which are not collected within the period stipulated are stored at the expense (€2 per day/per item or Lot) and risk of the Seller. Millon Belgique cannot be held liable for any loss and/or damage, howsoever caused. In the period between the auction and the retrieval of the unsold item/Lot, Millon Belgique undertakes only to store the items/Lots with reasonable care. Lots are transported at the Seller's expense and Millon Belgique is not liable for any damage which might occur during the storage, packaging, handling or transport of the unsold item/Lot. In addition, without prejudice to the foregoing, Millon Belgique may put the item/Lot back on sale, without prior warning, with a 30% reduction in the reserve price, at the risk and expense of the Seller, who explicitly waives the right to claim any damages or compensation whatsoever.

Sellers formally undertake not to bid or to have others bid, directly or indirectly, for an item/Lot which they are offering for sale.

Millon Belgique undertakes to pay the Seller an amount equivalent to the hammer price of the Lot, less a 20% premium for the auctions, no later than 30 days after full payment is made by the Buyer.

Should the Buyer default, Millon Belgique may decide whether or not to proceed with the forced execution of the sale. If it does not proceed, the sale will be regarded as null and void, and the Lot will be returned to the Seller without compensation. In that case, and if the Seller so requests, Millon Belgique undertakes to put the Lot back on sale under the conditions agreed between them.

Unless otherwise agreed by the Parties, Sellers shall arrange and pay for the transport of the items offered for sale.

Unless previously agreed in writing by Millon Belgique or stipulated in a court decision, under no circumstances may Lots offered for sale and included in a consignment slip be reclaimed before the auction.

Items/Lots offered for sale are insured by Million Belgique as soon as Millon Belgique receives them.

By signing the consignment slip containing the Terms and Conditions, Sellers explicitly acknowledge that they have taken note of them and accept them unreservedly and without qualification. They acknowledge receipt of a copy of the consignment slip.

4. Users

Users must be over 18 years of age and have legal capacity.

In order to access the services (Catalogued and/or Web Auctions), Users must first register.

Users must provide full and accurate details of their identity. They shall provide Millon Belgique with their name, address, telephone number, e-mail address, and valid identity card or passport, as well as any other information, in particular of a banking nature, which might be requested by Millon Belgique.

Registration for a Catalogued or Web Auction automatically generates a data sheet, which is held in Millon Belgique's database.

Users undertake to keep their data up to date. To that end they may modify their data via the Website. Failure to do so absolves Millon Belgique from liability for the smooth running of its services.

Users' usernames and passwords are strictly personal and the responsibility of the Users alone. Consequently, Bidders are solely responsible, even in cases of abuse by third parties, for all operations carried out on the Website.

If Users have reason to believe that their username and password are being used by a third party, they must inform Millon Belgique as soon as they suspect that this either has occurred or might potentially occur.

If there is any doubt about a User's identity or the accuracy of his/her personal details, Millon Belgique may unilaterally and temporarily suspend or remove the account and registration, with no obligation to explain why or give prior warning to the User concerned.

The act of registration is deemed to constitute acceptance by Users of the Terms and Conditions.

5. Bidders

In order to place a bid Users must first have a validated user account.

Millon Belgique has absolute discretion to decide whether or not to validate user accounts and to remove existing user accounts.

Bidders may bid in several different ways: by placing bids, submitting bidding instructions and by placing telephone bids (the latter only for Catalogued Auctions).

Bidders may not cancel their bids or bidding instructions.

Millon Belgique may decide at its own discretion not to accept a bid or to exclude a Bidder, either before or during the auction.

The act of registration and participation in the auction is deemed to constitute acceptance by Bidders of the Terms and Conditions.

6. Buyers

The Buyer is the Bidder to whom the Lot is awarded.

All Buyers are deemed to be acting on their own behalf vis-à-vis Millon Belgique, even for Lots which they may have acquired as a proxy or by another means. Buyers shall provide Millon Belgique with their name, address, telephone number, e-mail address and identity card or passport, as well as any other information, in particular of a banking nature, which might be requested by Millon Belgique.

The act of registration and/or participation in the auction is deemed to constitute acceptance by Buyers of the Terms and Conditions.

7. Sale price and resale royalties (droit de suite)

The sale is made directly between the Seller and the Buyer for the hammer price, plus:

  • For Catalogued Auctions, a 25% premium (including taxes) and an administrative fee of €2 per Lot
  • For web auctions:
    • On the Millon Belgique platform, a 20% premium (including taxes)
    • On the Drouot Online platform, a 25% premium (including taxes)

In accordance with the legal provisions requiring royalties to be paid to the authors of original works of art when they are resold at public auction, Buyers shall pay a resale royalty in addition to the sale price, net of tax, provided that the hammer price is greater than or equal to €2,000. The resale royalty is degressive; for example, it is 4% of the sale price for sales prices up to €50,000. The amount of the royalty is set by the legislator and announced by the Legal Supervisor at each Catalogued Auction. For Web Auctions, Bidders are responsible for ensuring they are properly informed and for seeking advice and information on the subject (for example at https://www.resaleright.be/).

If it emerges that a resale royalty has not been paid despite being due to the author, the Buyer shall pay the royalty on first demand through Millon Belgique, and shall discharge Millon Belgique from all liability and claims in this regard.

8. Payment, invoicing and VAT

As soon as a Lot is awarded to a Buyer, the risks are transferred to the Buyer, who is bound to pay the hammer price, plus the premium, administrative fee and resale royalty indicated above.

Millon Belgique accepts payments in cash in accordance with the regulations in force, bank transfers, cheques drawn on a Belgian bank account and some modes of electronic payment.

Millon Belgique bears no liability whatsoever for payments settled by electronic means. Millon Belgique is not liable for any loss, whether direct or indirect, incurred as a result of a payment being made on the Internet. Buyers therefore remain responsible for the successful completion of payments for Lots acquired at Millon Belgique's auctions, and may not invoke a mistake, a problem or “IT” fraud of any kind.

Requests for invoices must be made no later than eight working days after the date when the Lot is auctioned.

Since Millon Belgique uses a VAT margin scheme, which applies to second-hand goods, works of art, antiques and collectors' items, VAT, which is included in the sale price of the items, may not be deducted by the Buyer.

9. Collection of Lots

Lots must be collected by the Buyer, having been paid for in full, either during the auction or by appointment no later than five working days after they are auctioned. At the express written request of the Buyer, purchased Lots may be dispatched by an approved haulier at the Buyer's own risk and expense.

10. Lots not paid for or not collected

Should the Lot not be paid for in full and/or not collected within the period stipulated, the Buyer is liable, ipso jure and without prior notification, for late payment interest of 1% per month, starting on the fifth day after the Lot was auctioned, and the total invoice amount is increased by 15% (with a minimum of €150) as a fixed penalty.

Furthermore, Lots which are not collected within the period stipulated are stored at the expense (€2 per day/per Lot) and risk of the Buyer. Millon Belgique cannot be held liable for any loss and/or damage, howsoever caused. In the period between Lots being sold and collected, Millon Belgique undertakes only to store the Lots with reasonable care. Lots are transported at the Buyer's expense and Millon Belgique is not liable for any damage which might occur during the storage, packaging, handling or transport of purchased Lots.

Furthermore, Millon Belgique is authorised to take, entirely at its own discretion, without prejudice to all other rights and actions, after official notification, any one of the following measures:

  • forced execution of the sale, with all costs, in particular storage costs, being borne by the Buyer;
  • cancellation of the sale to the detriment of the Buyer, with all costs, damages and interest being borne by the defaulting Buyer;
  • resale, whether by auction or not, with the defaulting Buyer being exclusively liable to compensate for any shortfall in relation to the first sale, and to pay all the costs involved in the resale.

11. Website

The Website is governed by Belgian law and as such is not guaranteed to comply with legislation in other countries. Users alone are responsible for complying with the applicable local legislation and regulations.

The Website may only be used for legal purposes, and Users undertake to comply with all the conditions and provisions in the Terms and Conditions. On no account and under no circumstances may the Website be used in such a way as to cause any kind of injury to Millon Belgique or a third party.

If the Website contains hyperlinks to other sites, Millon Belgique cannot be held liable for any problem, loss, etc. that may arise as a result of visiting the site/s in question. Millon Belgique can never be held liable - and this is a non-exhaustive list - if a link on the Website is carrying a virus or damages Users' hardware in any way whatsoever, or if, for example, the linked site/s contain/s, whether intentionally or not, information that is inaccurate, obsolete or incomplete, etc.

Millon Belgique provides no guarantee that the Website does not contain errors and will run without interruption, or that its content and functions will be accessible at all times without failures or interruptions.

Millon Belgique may at any time and without warning or prior notification, modify, adapt or remove all or part of the Website's content and functions, temporarily take it out of service or restrict its use, in particular if it deems it necessary to do so, for example when maintenance, repair or (re)construction work is being carried out.

Under certain circumstances the use of the Website and its functions may be impaired, in particular for Web Auctions or bids placed online on the Website. As well as force majeure, these include but are not limited to technical problems making it impossible to access all or part of the Website and/or for the bidding process to run smoothly (Catalogued or Web Auctions), as a result, for example, of disruption to the Internet or telephone connection or of a virus or errors/defects.

Millon Belgique may not be held liable for Website failures and reserves the right to determine at its sole discretion what action to take should such problems arise. Millon Belgique accepts no liability or claims for any losses resulting from the (temporary) unavailability or (temporary) interruption of its services and/or Website.

Millon Belgique will however take all the necessary measures to warn Users, as far as possible, by e-mail, of any problems related to the Website and to inform them when services will be operational again. However, it cannot be held responsible for the non-delivery and/or non-receipt of message/s to/by Users.

An FAQ tab is available to Users to provide answers to frequently asked questions. Should Users not find the answer to their question, Millon Belgique will be delighted to help them in so far as it is able to do so. Please send an e-mail to: contact@millon-belgique.com

12. Privacy policy

The processing of personal data in connection with Millon Belgique's Website and services is subject to the General Data Protection Regulation.

12.1. Controller

The services provided by Millon Belgique entail the processing of personal data; Millon Belgique is the data controller.

12.2. The personal data and the purposes for which they are used

The General Data Protection Regulation defines the term “personal data” as,

“any information relating to an identified or identifiable natural person (‘data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

By using Millon Belgique's services and thus its Website, Users consent to the collection of the following data:

  • their first and last name, and a copy of their valid identity card or passport, so as to provide proof of their identity;
  • their postal address, e-mail address and any similar information which is necessary or useful for performing the contract and following up requests sent to Millon Belgique;
  • their telephone number;
  • their bank account number (IBAN and BIC);
  • in general, any information provided voluntarily when the Website or services are used, or when any request is made on the Website.

Millon Belgique has a legitimate interest in using the data for the following purposes:

  • to enable Users to access the services offered via the Website (in particular the Catalogued and Web Auctions);
  • to record Users' requests and respond to them;
  • to manage the database of Users and obtain an overview of Users;
  • to manage Users' accounts;
  • to manage the Website's activities;
  • to establish User profiles, making it possible to recommend certain services or particular Catalogued and Web Auctions;
  • to produce statistics (such as the number of pages consulted on the Website);
  • to comply with or meet all legal and regulatory provisions;
  • in general, to enable Millon Belgique to perform its activities of Catalogued and Web Auctions as efficiently as possible.

Personal data are processed for the abovementioned purposes in such a way as to ensure their confidentiality by Millon Belgique or companies forming part of the “Millon Group” as well as by specialised processors which perform certain services for Millon Belgique. The processors are required to follow Millon Belgique's instructions and to comply with its privacy policy.

Personal data may not be sold, made available to third parties with the exception of the “Millon Group” and its processors, or used for marketing purposes without the express authorisation of the User.

12.3. Period for which data are processed

Millon Belgique keeps Users' personal data at least for the period necessary to carry out its activities, and for the periods required for legal and regulatory purposes, in particular for the purposes of tax audits.

12.4. Security measures

Millon Belgique has put in place appropriate technical and organisational security measures to avoid the destruction, loss, falsification, modification, unauthorised access by third parties, or notification in error to third parties of the personal data collected, as well as any unauthorised processing of that data.

12.5. Users' rights

12.5.1. Right to amend, delete and restrict

Users are entitled, at any time,

  • to consult their personal data free of charge, and to be informed of how Millon Belgique is using their data;
  • to ask Millon Belgique to correct or complete their personal data.

Users may decide whether or not to disclose their personal data, ask for their data to be deleted, or ask for the processing of their data to be restricted. However, those rights are not absolute. All requests are examined on a case-by-case basis. Moreover, if Users make such requests, they acknowledge that it will be impossible for Millon Belgique to provide certain services to them.

12.5.2. Right to object

Users have a right to object to the processing of their personal data for compelling and legitimate reasons.

Users have the right to object to the use of their personal data for direct marketing purposes, and are not obliged to substantiate their objection.

12.5.3. Right to the free transfer of data

Users have the right to receive the personal data provided to Millon Belgique in a structured, commonly used, machine-readable format, and to transmit those data to other controllers.

12.5.4. Right to withdraw consent

In so far as the processing is based on Users' prior consent, the latter have the right to withdraw that consent.

12.6. The exercise of Users' rights

Users may exercise their rights by contacting Millon Belgique by e-mail at contact@millon-belgique.com or by letter at 39B avenue des Casernes, 1040 Etterbeek (Belgium). They must append a copy of their identity card.

12.7. Automated decision-making and profiling

The processing of personal data does not include profiling and Millon Belgique will not use it for automated decision-making.

12.8. Right to lodge a complaint

Users have the right to lodge a complaint with the Belgian Data Protection Authority, which can be contacted at:

Data Protection Authority (DPA)
Rue de la Presse, 35
1000 Bruxelles
Telephone: 02/274 48 00
Fax: 02/274 48 35
E-mail: contact@apd-gba.be.

This is without prejudice to any proceedings before a civil court.

12.9. Cookies

When the Website is consulted, cookies may be downloaded onto the User's computer (a cookie is a small file sent by our server and stored on the hard disk drive of the User's computer. It keeps a record of the site visited and contains various information about that visit).

The cookies used on the Website serve primarily to make the Website work (session and technical cookies).

Users may decline to have those cookies downloaded onto their computer, but as a result may be prevented from accessing certain services on the Website.

12.10. Information letters (newsletters) and direct marketing

Millon Belgique wishes to keep its Users informed proactively about its activities.

In accordance with the General Data Protection Regulation, Millon Belgique asks Users to give their prior consent before sending them information letters (newsletters) or any other marketing communications.

In addition, Millon Belgique makes it possible for Users to withdraw their consent to receive any form of communication for information purposes, as the case may be, at any time.

13. Intellectual property

The Website, including the Web Auctions system, is the property of Millon Belgique.

Millon Belgique is the legal owner of the database and is alone entitled to authorise the extraction of information contained in the database.

All the information and services provided, as well as the necessary software on the Website, are the property of Millon Belgique.

It is prohibited to copy, download or share any information that appears on the Website without the written consent of Millon Belgique.

The illustrations in the catalogues and on the Website are subject to copyright (the photographer or Millon Belgique). These illustrations may not be used for any purpose whatsoever without the express consent in writing of Millon Belgique.

The descriptions of the Lots are also subject to copyright and may not be used without the agreement of Millon Belgique.

The text of the Terms and Conditions is also protected by copyright and is owned exclusively by Millon Belgique. It may not be reproduced without the agreement of Millon Belgique. Offenders will be prosecuted.

14. Amendments

The Terms and Conditions may be amended at any time by Millon Belgique to reflect, in particular, changes to the Website and the services accessible via it, or changes to legislation, or for any other reason.

We recommend that you consult our Privacy Policy regularly to keep abreast of any amendments to it.

15. Jurisdiction – Applicable law – Other

The courts of the judicial district of Brussels, sitting in French, shall have exclusive jurisdiction to deal with any disputes, exclusively in accordance with Belgian law.

Should one or more clauses of the Terms and Conditions be or become, in whole or in part, void, unenforceable or invalid for whatever reason, that voidness, unenforceability or invalidity shall be without prejudice to the other provisions of the Terms and Conditions. Millon Belgique will proceed in good faith to replace the void, unenforceable or invalid part with another provision having an equivalent economic and legal effect.

The present Terms and Conditions are available in French, Dutch and English. If there is any contradiction between the French version and any other version or translation, the French version prevails.

Within the meaning of the Terms and Conditions, the word “day” means a calendar day, unless otherwise provided. All the periods stipulated in the Terms and Conditions are calculated from midnight to midnight. They begin on the day following the day during which the event triggering the time limit concerned has occurred. The expiry date is included in the period. If the expiry date is a Saturday, Sunday or public holiday in Belgium, the expiry date is not postponed to the next working day.

Last updated: 6 août 2018