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 first 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-offered
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 five
points,
- the reimbursement of additional costs generated
by the buyer’s default,
- the payment of the difference 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 fulfilled 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 certificate 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 offered 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
confirms the pre-emption decision within fifteen
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 benefits 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 five
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 effect
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.
