CONDITIONS OF PURCHASE
CONDITIONS OF PURCHASE IN VOLUNTARY AUCTION SALES
Artcurial Briest - Poulain - F. Tajan
Artcurial Briest?- Poulain?- F. Tajan is an operator of voluntary auction sales.
In such capacity Artcurial Briest?- Poulain?- F. Tajan acts as the agent of the seller who contracts with the buyer.
The relationships between Artcurial Briest?- Poulain?- F. Tajan and the buyer are subject to the present general conditions of purchase that 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
The photographs reproduced in the catalogue have no legal value and are not to be considered as guarantee of quality. Artcurial Briest?- Poulain?- F. Tajan reserves the right to modify the scale and proportions of an object for the purpose of the page setup of a catalogue.
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 Briest?- Poulain?- F. Tajan is available to the prospective buyers to provide them with reports about the conditions of lots. Pieces of furniture, paintings and works of Art are sold in their current condition.
b) Description of the lots resulting from the catalogue, reports, labels and verbal statements or announcements are only the expression by Artcurial Briest?- Poulain?- F. Tajan of their perception of the lot, but cannot constitute the proof of a fact.
c) The statements by made Artcurial Briest?- Poulain?- F. Tajan 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 the buyer's own or to the buyer's expert's evaluation. The absence of statements Artcurial Briest?- Poulain?- F. Tajan in regard to a restoration, mishap or harm, 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, indication of any defect whatsoever does not imply the absence of any other defects. Artcurial Briest?- Poulain?-
F. Tajan is bound only within the limits of due care.
d) Regarding animal matter (ivory, coral, tortoiseshell, rare skins, etc.), some lots offered for sale are potentially composed of elements from endangered or protected species. Artcurial Briest?- Poulain?- F. Tajan reserves the right to refuse any jewelery and / or object whose composition would violate the Convention on International Trade in Endangered Species of Wild Flora and Flora (CITES) applicable in the Principality of Monaco under Sovereign Order No. 67 of 23 May 2005.
2 - The auction
a) In order to assure the proper organization of the auction, prospective buyers are invited to make themselves known to Artcurial Briest?- Poulain?- F. Tajan before the auction to register their personal identification and information.
Artcurial Briest?- Poulain?- F. Tajan will ask all prospective buyers to prove their identity as well as provide bank references, and will request a deposit.
Artcurial Briest?- Poulain?- F. Tajan reserves the right to refuse admission to the auction 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 that may be due.
Any bidder is deemed to be acting on his own behalf except when prior notification, accepted by Artcurial Briest?- Poulain?- F. Tajan, unless proof is provided that he is acting as an agent on behalf of a third party. The personal data that have been transmitted during the recording will be carried forward in the same way if no prior indications are otherwise given.
c) The usual way to bid consists in attending the sale on the premises. However, Artcurial Briest?- Poulain?- F. Tajan may graciously accept to receive some bids by telephone from a prospective buyer who has expressed such a request before the sale.
Artcurial Briest?- Poulain?- F. Tajan will bear no liability / responsibility 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 reception of the phone call. For variety of reasons, Artcurial Briest?- Poulain?-
F. Tajan reserves the right to record all telephone calls during the auction. Such records shall be kept until complete payment of the auction price, except claims.
d) Artcurial Briest?- Poulain?- F. Tajan may agree to execute orders submitted before the auction and by Artcurial Briest?- Poulain?-
F. Tajan that have been deemed acceptable. Artcurial Briest?- Poulain?- F. Tajan is entitled to request a deposit that will be refunded within 48 hours after the auction if the lot is not sold to this buyer.
Should Artcurial Briest?- Poulain?- F. Tajan receive several instructions to bid for the same amounts, it is the instruction bid first received that is given preference.
Artcurial Briest?- Poulain?- F. Tajan will bear no liability/responsibility in case of mistakes or omission of performance of the written order.
e) In the event a reserve price has been stipulated by the seller, Artcurial Briest?- Poulain?- F. Tajan 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 Briest?- Poulain?- F. Tajan will conduct auction sales at their discretion, ensuring free auction conditions and equality among all bidders, in accordance with established practices.
Artcurial Briest?- Poulain?- F. Tajan reserves the right to refuse any bid, to organize 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 Briest?- Poulain?- F. Tajan 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 Briest?- Poulain?- F. Tajan, the successful bidder will be the bidder making 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" ("sold") or any equivalent will indicate 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 complete only when the check has been cashed.
h) So as to facilitate the price calculation for prospective buyers, a currency converter may be operated by Artcurial Briest?- Poulain?- F. Tajan as guidance. Nevertheless, the bidding cannot be made in foreign currency and Artcurial Briest?- Poulain?- F. Tajan will not be liable for errors of conversion.
3 - Concluding the sale
a) In addition of the lot's hammer price, the buyer must pay the following costs and fees/taxes:
1) Lots from the EEC:
• From 1 to 30,000 euros: 25 % + current VAT.
• From 30,001 to 1,500,000 euros: 20 %
+ current VAT.
• Over 1,500,001 euros: 12 % + current VAT.
2) Lots from outside the EEC:
(identified by an ).
In addition to the commissions and taxes indicated above, an additional import VAT will be charged (5.5% of the hammer price, 20% for jewelry and watches, motorcars, wines and spirits and multiples).
3) Taxes (VAT on commissions and VAT on importation) can be retroceded to the purchaser on presentation of written proof of exportation outside the EEC.
An EEC purchaser who submits his intra-Community VAT number will be exempted from paying the VAT on commissions on presentation of a document proving delivery to the purchaser's Member State.
The payment of the lot will be made in cash, for the entire price, costs and taxes, even when an export license is required.
The purchaser will be authorized to pay by the following means:
- In cash:
• up to 30,000 euros, costs and taxes if the collection is held in Monaco;
• up to 3,000 euros costs and taxes included, for French citizens and professionals if collected in France;
• up to 15,000 euros euros fee and taxes included, for foreign citizen on presentation of their identity papers if collected in France.
By bank check drawn on a Monegasque or French bank upon presentation of identification and to any legal person, registration certificate society (checks drawn on a foreign bank are not accepted).
- By bank transfer in euros;
- By credit card: VISA, MASTERCARD or AMEX (in case of payment by AMEX, a additional 1.85 % commission corresponding to cashing costs will be collected).
4) Rights for the authors of graphic and art works: The foregoing shall not preclude, as appropriate, the application of Article 11-1 of the Act No. 491 of 24 November 1948 on the protection of Literary and artistic Works and the Ministerial Decree No. 87-007 of 12 January 1987 on its application.
b) Artcurial Briest?- Poulain?- F. Tajan will be authorized to reproduce in the official auction 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 registered by Artcurial Briest?- Poulain?- F. Tajan has right of access and of rectification to the personal data provided to Artcurial Briest?- Poulain?- F. Tajan pursuant to the provisions of Law No. 1165 of 23 December 1993, as amended by Law No. 1353 of 4 December 2008 on the protection of personal information
c) The lot must to be insured by the buyer immediately after the purchase. The buyer will have no recourse against Artcurial Briest?- Poulain?- F. Tajan, in the event where, due to a theft, loss or deterioration of his lot after the purchase, the compensation he received from Artcurial Briest?- Poulain?- F. Tajan's insurer proves insufficient.
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 check, the lot will be delivered after cashing, eight working days after the check deposit.
In the meantime Artcurial Briest?- Poulain?-
F. Tajan may invoice to the buyer the costs of storage of the lot, and if applicable the costs of handling and transport.
Should the buyer fail to pay the amount due, and after notice to pay has been given by Artcurial Briest?- Poulain?- F. Tajan 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" (irresponsible bidding). 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 Briest?- Poulain?- F. Tajan reserves the right to claim against the defaulting buyer, if they so choose:
- interest at the legal rate increased by five points,
- reimbursement of additional costs generated by the buyer's default,
- 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 Briest?- Poulain?- F. Tajan also reserves the right to set off any amount Artcurial Briest?- Poulain?- F. Tajan may owe the defaulting buyer with the amounts to be paid by the defaulting buyer.
Artcurial Briest?- Poulain?- F. Tajan 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 Briest?- Poulain?- F. Tajan 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 may obtain a certificate of sale upon request which will be invoiced EUR60.
4 - Auction procedures
In case of dispute, Artcurial Briest?- Poulain?- F. Tajan 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 Briest?- Poulain?- F. Tajan will use video technology.
Should any error occur in operation of such, which may lead to showing an item during the bidding that is not the one on which the bids have been made, Artcurial Briest?- Poulain?-
F. Tajan shall bear no liability/responsibility whatsoever, and will have sole discretion to decide whether or not the bidding will take place again.
5 - Pre-emption of the Monaco state
The Monaco state in entitled to use a right of pre-emption on works of art. In accordance with the laws in force in Article 2-1 of the Law No. 1014 of 29 December 1978 concerning public sales of furniture.
The use of this right comes immediately after the hammer stroke, the representative of the State expressing then the intention of the State to substitute for the last bidder, provided he confirms the pre-emption decision within fifteen days. In the absence of confirmation at the end of this period, the object will return to the highest bidder
Artcurial Briest?- Poulain?- F. Tajan will not bear any liability/responsibility for the conditions of pre-emption by the State of Monaco.
6 - Intellectual Property Right ---- Copyright
The copyright in any and all parts of the catalogue is the property of Artcurial Briest?- Poulain?- F. Tajan.
Any reproduction thereof is forbidden and will be considered as a counterfeit to their detriment.
Furthermore, Artcurial Briest?- Poulain?- F. Tajan 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 Briest?- Poulain?- F. Tajan catalogue may therefore constitute an illegal reproduction of a work that 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 - Removal of purchases
The buyer must insure his purchase, and Artcurial Briest?- Poulain?- F. Tajan assumes no liability for any damage items may incur after the sale. All transportation arrangements are the sole responsibility of the buyer.
For details, please refer to buyers guide page 18 to 21 of this catalog.
8 - Severability
The clauses of these general conditions of purchase are independent from one other.
Should any clause whatsoever be found null and void, the others shall remain valid and applicable.
9 - Law and Jurisdiction
These general conditions of purchase, and all that relates to the sale are governed by Monegasque law and, in particular, by Law No. 1014 of 29 December 1978 concerning public auctions of furniture.
Any dispute regarding the existence, validity, and enforceability for any bidder or buyer falls under the exclusive jurisdiction of the courts of the Principality of Monaco.
10 - Protection of cultural property
Artcurial Briest?- Poulain?- F. Tajan follows a policy to prevent the sale of looted or stolen cultural property.
Shipping Terms
Lots must be fully paid before delivery.
Purchasers are responsible for insuring their acquisitions. Artcurial Briest -
Poulain - F. Tajan disclaims all liability for damages that may be incurred
once the bid has been accepted.
All transportation arrangements are the sole responsibility of the purchaser.
Withdrawal of lots will be organized on Tuesday, January 27, 2015 after
receipt of total payment. Storage is free until February 23, 2015.
For any withdrawal after February 24, 2015, storage costs will be charged
as follows:
- € 100 plus VAT per week per batch of furniture (bed, table, chair, chandelier,
cabinet, bedside table, sofa, chair, dresser, buffet, bar, carpet, wall lamps, etc.)
- € 50 plus VAT per week and per smaller lots (framed pieces
and lithographs, mirror, small lamp, set of dishes, lot of books, models,
bathroom accessories, curtains and linen)
• Removal from storage
You may pick up your purchases at the warehouse in Saint-Laurent-du-Var
(06700). Delivery of lots will be only by appointment, made at least 48 hours
in advance, in order to limit waiting time for buyers and transporters.
If you cannot be present in person, you may ask your transporter to pick up
your purchases upon presentation of a written authorization and a copy of
your invoice.
Contact Artcurial for an appointment
E-mail: stockagehdp@artcurial.com
Tel.: +33 (0)1 42 99 20 81
Opening hours
Monday to Friday from 8.00 to 12.00 a.m. and from 1:30 to 5.00 p.m.
• To arrange a delivery
You can also request a quote from providers with whom we have obtained
preferential rates to arrange transport for your purchases.
For transportation in Monaco
We would be happy to provide a quote from a transporter.
E-mail: stockagehdp@artcurial.com
Tel.: +33 (0)1 42 99 20 81
To give you an idea of costs of transportation in Monaco:
- a lamp, a suite of twelve plates, a set of bathroom accessories:
?????70 including VAT
- a chair, desk or a standing lamp: about ??120 including VAT.
- a dresser with marble top or a large chandelier: ??230 including VAT.
For transport to the Provence-Alpes-Côte-d'Azur region and northern Italy
DEMECO
E-mail: arenas@wanadoo.fr
Tel.: + 33 (0)4 93 71 76 49
For transport in the rest of France
Léon Aget SAS
E-mail: contact@aget.org
Tel.: +33 (0)4 91 11 45 00
For transport to Europe or in other countries
Artcurial has organized a special transport service for the auction. You may
obtain a quote from a transporter for a grouped transport of several lots, with
the exception of the previously mentioned geographic areas (that is, Russia,
Ukraine, USA, Brazil, Hong Kong ...)
E-mail: stockagehdp@artcurial.com
Tel.: +33 (0)1 42 99 20 81
Paying your purchases
On site at the Hôtel de Paris: from January 25 to 30, from 10 a.m. to 6 p.m.
January 31, from 10 a.m. to 5 p.m.
- In Paris, at Artcurial, Accounting Department: from February 2, Monday to
Friday from 9.30 a.m. to 6 p.m.
Accepted methods of payment:
Credit cards
Visa, Mastercard, Amex (If paying by American Express, an additional 1.85%
to cover administrative costs will be charged).
Bank Check
Drawn on a French bank with presentation of identification and, for any legal
person, a business registry extract dating from less than 3 months
(checks drawn on a foreign bank are not accepted).
NB: purchases will be delivered only after the check is cashed, generally
8 working days after filing the check.
Cash
Cash payments are subject to the Monetary Code applicable to each country.
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Cash payments are capped at 30,000 euros, including fees and taxes.
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Cash payment is possible
- Up to 3,000 euros, including fees and taxes, for individuals and professionals
of French nationality
- Up to 15,000 euros, including fees and taxes, for individuals of other
nationalities with presentation of identification.
Bank transfer in euros
Artcurial Briest - Poulain - F. Tajan
Banque Neuflize OBC 3 Avenue Hoche, 75008 Paris
Bank code: 30788 / Agency Code: 00900
Account No: 01229470004 / RIB: 54
IBAN: FR76 3078 8009 0001 2294 7000 454
SWIFT: NSMBFRPPXXX
