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Sales conditions - 30 • LITTÉRATURE & AUTEURS DU XXE SIÈCLE • PAR ARTCURIAL
CONDITIONS OF PURCHASE IN VOLUNTARY AUCTION SALES
ARTCURIAL Artcurial SAS is an operator of voluntary auction sales regulated by the law articles L321-4 and following of the Code de Commerce. In such capacity Artcurial SAS acts as the agent of the seller who contracts with the buyer. The relationships between Artcurial SAS and the buyer are subject to the present general conditions of purchase which can be modified by saleroom notices or oral indications before the sale, which will be recorded in the official sale record. 1. GOODS FOR AUCTION a) The prospective buyers are invited to examine any goods in which they may be interested, before the auction takes place, and notably during the exhibitions. Artcurial SAS is at disposal of the prospective buyers to provide them with reports about the conditions of lots. b) Description of the lots resulting from the catalogue, the reports, the labels and the verbal statements or announcements are only the expression by Artcurial SAS of their perception of the lot, but cannot constitute the proof of a fact. c) The statements by made Artcurial SAS about any restoration, mishap or harm arisen concerning the lot are only made to facilitate the inspection thereof by the prospective buyer and remain subject to his own or to his expert’s appreciation. The absence of statements Artcurial SAS by relating to a restoration, mishap or harm, whether made in the catalogue, condition reports, on labels or orally, does not imply that the item is exempt from any current, past or repaired defect. Inversely, the indication of any defect whatsoever does not imply the absence of any other defects. d) Estimates are provided for guidance only and cannot be considered as implying the certainty that the item will be sold for the estimated price or even within the bracket of estimates. Estimates cannot constitute any warranty assurance whatsoever. The estimations can be provided in several currencies ; the conversions may, in this case or, be rounded off differently than the legal rounding 2 . THE SALE a) In order to assure the proper organisation of the sales, prospective buyers are invited to make themselves known to Artcurial SAS before the sale, so as to have their personal identity data recorded. Artcurial SAS reserves the right to ask any prospective buyer to justify his identity as well as his bank references and to request a deposit. Artcurial SAS reserves the right to refuse admission to the auction sales premises to any prospective buyer for legitimate reasons. b) Any person who is a bidder undertakes to pay personally and immediately the hammer price increased by the costs to be born by the buyer and any and all taxes or fees/expenses which could be due. Any bidder is deemed acting on his own behalf except when prior notification, accepted by Artcurial SAS, is given that he acts as an agent on behalf of a third party. c) The usual way to bid consists in attending the sale on the premises. However, Artcurial SAS may graciously accept to receive some bids by telephone from a prospective buyer who has expressed such a request before the sale. Artcurial SAS will bear no liability / responsability whatsoever, notably if the telephone contact is not made, or if it is made too late, or in case of mistakes or omissions relating to the reception of the telephone. For variety of purposes, Artcurial SAS reserves its right to record all the telephone communications during the auction. Such records shall be kept until the complete payment of the auction price, except claims. d) Artcurial SAS may accept to execute orders to bid which will have been submitted before the sale and by Artcurial SAS which have been deemed acceptable. Artcurial SAS is entitled to request a deposit which will be refunded within 48hours after the sale if the lot id not sold to this buyer. Should Artcurial SAS receive several instructions to bid for the same amounts, it is the instruction to bid first received which will be given preference. Artcurial SAS will bear no liability/responsibility in case of mistakes or omission of performance of the written order. e) In the event where a reserve price has been stipulated by the seller, Artcurial SAS reserves the right to bid on behalf of the seller until the reserve price is reached. The seller will not be admitted to bid himself directly or through an agent. The reserve price may not be higher than the low estimate for the lot printed in or publicly modified before the sale. f) Artcurial SAS will conduct auction sales at their discretion, ensuring freedom auction and equality among all bidders, in accordance with established practices. Artcurial SAS reserves the right to refuse any bid, to organise the bidding in such manner as may be the most appropriate, to move some lots in the course of the sale, to withdraw any lot in the course of the sale, to combine or to divide some lots in the course of the sale. In case of challenge or dispute, Artcurial SAS reserves the right to designate the successful bidder, to continue the bidding or to cancel it, or to put the lot back up for bidding. g) Subject to the decision of the person conducting the bidding for Artcurial SAS, the successful bidder will be the bidder would will have made the highest bid provided the final bid is equal to or higher than the reserve price if such a reserve price has been stipulated. The hammer stroke will mark the acceptance of the highest bid and the pronouncing of the word “adjugé” or any equivalent will amount to the conclusion of the purchase contract between the seller and the last bidder taken in consideration. No lot will be delivered to the buyer until full payment has been made.In case of payment by an ordinary draft/check, payment will be deemed made only when the check will have been cashed. h) So as to facilitate the price calculation for prospective buyers, a currency converter may be operated by Artcurial SAS as guidance. Nevertheless, the bidding cannot be made in foreign currency and Artcurial SAS will not be liable for errors of conversion. 3 . THE PERFORMANCE OF THE SALE a) In addition of the lot’s hammer price, the buyer must pay following costs and fees/taxes: 25 % + current VAT. VAT on commissions and import fees can be retroceded to the purchaser on presentation of written proof of exportation outside the EU. An EU purchaser who will submit his intra-community VAT number and a proof of shipment of his purchase to his EU country home address will be refunded of VAT on buyer’s premium. The payment of the lot will be made cash, for the whole of the price, costs and taxes, even when an export licence is required. The purchaser will be authorized to pay by the following means : - In cash : up to 1 000 euros, costs and taxes included, for French citizens and people acting on behalf of a company, up to 15 000 euros, costs and taxes included, for foreign citizens on presentation of their identity papers ; - By cheque drawn on a French bank on presentation of identity papers and for any company, a KBis dated less than 3 months (cheques drawn on a foreign bank are not accepted); - By bank transfer; - By credit card : VISA, MASTERCARD or AMEX (in case of payment by AMEX, a 1,85 % additional commission corresponding to cashing costs will be collected). The distribution between the lot's hammer price and cost and fees can be modified by particular agreement between the seller and Artcurial SAS without consequence for the buyer. b) Artcurial SAS will be authorized to reproduce in the official sale record and on the bid summary the information that the buyer will have provided before the sale. The buyer will be responsible for any false information given. Should the buyer have neglected to give his personal information before the sale, he will have to give the necessary information as soon as the sale of the lot has taken place. Any person having been recorded by Artcurial SAS has a right of access and of rectification to the nominative data provided to Artcurial SAS pursuant to the provisions of Law of the 6 July 1978. c) The lot must to be insured by the buyer immediately after the purchase. The buyer will have no recourse against Artcurial SAS, in the event where, due to a theft, a loss or a deterioration of his lot after the purchase, the compensation he will receive from the insurer of Artcurial SAS would prove unsufficient. d) The lot will be delivered to the buyer only after the entire payment of the price, costs and taxes. If payment is made by cheque, the lot will be delivered after cashing, eight working days after the cheque deposit. If the buyer has not settled his invoice yet or has not collected his purchase, a fee of 50€+VAT per lot, per week (each week is due in full) covering the costs of insurance and storage will be charged to the buyer, starting on the fi rst Monday following the 90th day after the sale. Should the buyer fail to pay the amount due, and after notice to pay has been given by Artcurial SAS to the buyer without success, at the seller’s request, the lot is re-off ered for sale, under the French procedure known as “procédure de folle enchère”. If the seller does not make this request within three months from the date of the sale, the sale will be automatically cancelled, without prejudice to any damages owed by the defaulting buyer. In addition, Artcurial SAS reserves the right to claim against the defaulting buyer, at their option : - interest at the legal rate increased by fi ve points, - the reimbursement of additional costs generated by the buyer’s default, - the payment of the diff erence between the initial hammer price and the price of sale after “procédure de folle enchère” if it is inferior as well as the costs generated by the new auction. Artcurial SAS also reserves the right to set off any amount Artcurial SAS may owe the defaulting buyer with the amounts to be paid by the defaulting buyer. Artcurial SAS reserves the right to exclude from any future auction, any bidder who has been a defaulting buyer or who has not fulfi lled these general conditions of purchase. e) For items purchased which are not collected within seven days from after the sale (Saturdays, Sundays and public holidays included), Artcurial SAS will be authorized to move them into a storage place at the defaulting buyer’s expense, and to release them to same after payment of corresponding costs, in addition to the price, costs and taxes. f) The buyer can obtain upon request a certifi cate of sale which will be invoiced € 60. 4. THE INCIDENTS OF THE SALE In case of dispute, Artcurial SAS reserves the right to designate the successful bidder, to continue the sale or to cancel it or to put the lot up for sale. a) In case two bidders have bidden vocally, by mean of gesture or by telephone for the same amount and both claim title to the lot, after the bidding the lot, will immediately be off ered again for sale at the previous last bid, and all those attending will be entitled to bid again. b) So as to facilitate the presentation of the items during the sales, Artcurial SAS will be able to use video technology. Should any error occur in operation of such, which may lead to show an item during the bidding which is not the one on which the bids have been made, Artcurial SAS shall bear no liability/responsability whatsoever, and will have sole discretion to decide whether or not the bidding will take place again. 5 . PRE-EMPTION OF THE FRENCH STATE The French state in entitled to use a right of pre-emption on works of art, pursuant to the rules of law in force. The use of this right comes immediately after the hammer stroke, the representative of the French state expressing then the intention of the State to substitute for the last bidder, provided he confi rms the pre-emption decision within fi fteen days. Artcurial SAS will not bear any liability/ responsibility for the conditions of the pre-emption by the French State. 6 . INTELLECTUAL PROPERTY RIGHT - COPYRIGHT The copyright in any and all parts of the catalogue is the property of Artcurial SAS. Any reproduction thereof is forbidden and will be considered as counterfeiting to their detriment. Furthermore, Artcurial SAS benefi ts from a legal exception allowing them to reproduce the lots for auction sale in their catalogue, even though the copyright protection on an item has not lapsed. Any reproduction of Artcurial SAS catalogue may therefore constitute an illegal reproduction of a work which may lead its perpetrator to be prosecuted for counterfeiting by the holder of copyright on the work.The sale of a work of art does not transfer to its buyer any reproduction or representation rights thereof. 7 . ITEMS FALLING WITHIN THE SCOPE OF SPECIFIC RULES The International regulation dated March 3rd 1973, protects endangered species and specimen. Each country has its own lawmaking about it. Any potential buyer must check before bidding, if he is entitled to import this lot within his country of residence. Any lot which includes one element in ivory, rosewood…cannot be imported in the United States as its legislation bans its trade whatever its dating may be. It is indicated by a (s). 8. REMOVAL OF PURCHASES The buyer has to insure its purchase, and Artcurial SAS assumes no liability for any damage items which may occur after the sale. All transportation arrangements are the sole responsibility of the buyer. 9. SEVERABILITY The clauses of these general conditions of purchase are independant from each other. Should a clause whatsoever be found null and void, the others shall remain valid and applicable. 10. LAW AND JURISDICTION In accordance with the law, it is added that all actions in public liability instituted on the occasion of valuation and of voluntary and court-ordered auction sales are barred at the end of fi ve years from the hammer price or valuation. These Conditions of purchase are governed by French law exclusively. Any dispute relating to their existence, their validity and their binding eff ect on any bidder or buyer shall be submitted to the exclusive jurisdiction of the Courts of France. PROTECTION OF CULTURAL PROPERTY Artcurial SAS applies a policy to prevent the sale of looted or stolen cultural property.