Lot 43: Ivan TOVAR Né en 1942 Chant d''amour - 1977 Huile sur toile

Live bidding may start higher or lower

€1 - 150,000:25.0%

€150,001 - 1,200,000:20.0%

€1,200,001+:12.0%

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 the different stages of following costs and fees/taxes:
1) Lots from the EU :
• From 1 to 150 000 euros: 25% + current VAT.
• From 150 001 to 1 200 000 euros: 20% + current VAT.
• Over 1 200 001 euros: 12% + current VAT.
2) Lots from outside the EU: (identified by an ¤ on the website).In addition to the commissions and taxes indicated above, an additional import fees will be charged (5,5% of the hammer price, 20% for jewelry and watches, motorcars, wines and spirits and multiples).
3) 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).
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. In the meantime Artcurial SAS 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 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 gene- rated 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 fulfil- led 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 de- faulting 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/responsibility 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 (?).

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 independent 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.

These Conditions of Sale and Business constitute the contract between Dreweatts and Bloomsbury Auctions (the "Auctioneer") and the seller, on the one hand, and the buyer on the other. By bidding at the auction, you agree to be bound by these terms.

INFORMATION FOR BUYERS
1. Introduction. The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
2. Agency. As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
3. Estimates. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
4. Buyer's Premium 24% of the hammer price plus VAT (28.8% including VAT) for items up to £150,000, 18% (21.6% including VAT) on the balance of items with a hammer price of £150,001 up to and including £1,000,000, and 12% of the hammer price plus VAT (14.4% including VAT) in excess of £1,000,001. Buyers will pay an additional live bidding charge of 3% of the hammer price if lots are successfully purchased online.
5. VAT. (*) indicates that VAT is payable by the purchaser at the standard rate (presently 20%) on the hammer price as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20% on importation into the UK. The double symbol (**) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price (i.e. both the hammer price and the buyer's premium). Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme and it should be noted that the VAT included within the Premium is not recoverable as input tax.
6. Descriptions and Conditions. Condition reports are provided on our website or upon request. The absence of a report does not imply that a lot is without imperfections. The detail in a report will reflect the estimated value of the lot, and large numbers of such requests received shortly before the sale may not receive a response to all lots. Members of staff are not trained restorers or conservators and, particularly for higher value lots, you should obtain an opinion from such a professional. We recommend that you always view a lot in person.
We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a 3 week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
7. Electrical goods. These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
8. Export of goods. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
9. Bidding. Bidders may be required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
10. Commission bidding. Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or fax.
11. Methods of Payment. Any cheques tendered will need to be cleared before removal of the goods is permitted. The following methods of payment are acceptable:
Sterling cheque to be drawn on a UK bank and made payable to 'Bloomsbury Auctions'. It will be necessary to allow at least five working days for the cheque to clear before collecting your purchases.
Bank transfer. All transfers must state the relevant sale number, lot number and your bid / paddle number. If transferring from a foreign currency, the amount we receive must be the total due in pounds sterling (after currency conversion and the deduction of any bank charges). Our bank details can be found on the reverse of your invoice or in the sale catalogue under 'Important Notices'.
Debit cards drawn on a UK bank and registered to a UK billing address. There is no additional charge for purchases made with these cards. Debit cards drawn on an overseas bank or deferred debit cards will be subject to a 3% surcharge.
Sterling cash payments of up to £8,000 and debit cards payments can be made at the Cashier's Office, either during or after the sale.
12. Collection and storage. Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
13. Droit de suite royalty charges. From 1st January 2012 all UK art market professionals (which includes but is not limited to; auctioneers, dealers, galleries, agents and other intermediaries) are required to collect a royalty payment for all works of art that have been produced by qualifying artists each time a work is re-sold during the artist's lifetime and for a period up to 70 years following the artists death. This payment is only calculated on qualifying works of art which are sold for a hammer price more than the UK sterling equivalent of EURO 1,000 - the UK sterling equivalent will fluctuate in line with prevailing exchange rates.
It is entirely the responsibility of the buyer to acquaint himself with the precise EURO to UK Sterling exchange rate on the day of the sale in this regard, and the auctioneer accepts no responsibility whatsoever if the qualifying rate is different to the rate indicated.
All items in this catalogue that are marked with ? are potentially qualifying items, and the royalty charge will be applied if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000.The royalty charge will be added to all relevant buyers' invoices, and must be paid before items can be cleared. All royalty charges are passed on to the Design and Artists Copyright Society ('DACS'), no handling costs or additional fees with respect to these charges will be retained by the auctioneers.
The royalty charge that will be applied to qualifying items which achieve a hammer price of more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent of EURO 50,000 is 4%. For qualifying items that sell for more than the UK sterling equivalent of EURO 50,000 a sliding scale of royalty charges will apply - for a complete list of the royalty charges and threshold levels, please see www.dacs.org.uk. There is no VAT payable on this royalty charge.



TERMS OF CONSIGNMENT FOR SELLERS
1. Interpretation. In these Terms the words 'you', 'yours', etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller's authority to contract. Similarly the words 'we', 'us', etc. refer to the Auctioneers.
2. Warranty. The Seller warrants that possession in the lots can be transferred to the Buyer with good and marketable title, free from any third party right and encumbrances, claims or potential claims. The Seller has provided all information concerning the items ownership, condition and provenance, attribution, authenticity, import or export history and of any concerns expressed by third parties concerning the same.
3. All commissions and fees are subject to VAT at the prevailing rate.
4. Commission is charged to sellers at the following rates:- please enquire at our salerooms.
5. Removal costs. Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
6. Loss and damage of goods.
(a) Loss and Damage Warranty - Dreweatts is not authorised by the FSA to provide insurance to its clients, and does not do so. However Dreweatts for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until the hammer falls. To justify accepting liability, Dreweatts makes a charge of 1.5% of the hammer price plus VAT, subject to a minimum charge of £1.50, or if unsold 1.5% of our lower estimate. The liability assumed by Dreweatts shall be limited to the lower pre-sale estimate or the hammer price if the lot is sold.
(b) If the owner of the goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owners risk unless and until the property in them passes to the Buyer or they are collected by or on behalf of the owner, and clause 6 (a) is inapplicable.
7. Illustrations. The cost of any illustrations is borne by you. If we consider that the Lot should be illustrated your permission will be asked first. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.
8. Minimum bids and our discretion. Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 9. We may sell Lots below the reserve provided we account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a "discretion" we may accept a bid of up to 10% below the formal reserve.
9. Reserves.
(a) You are entitled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve (in which case goods carry the storage and loss and damage warranty charges stipulated in these Terms of Consignment).
(b) A reserve once set cannot be changed except with our consent.
(c) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
(d) Reserves are not usually accepted for lots expected to realise below £100
10. Electrical items. These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
11. Soft furnishings. Soft furnishings. The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense.
The rights of disposal referred to in clause 10 and 11 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request
12. Descriptions. Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds.
13. Unsold. Unsold. If an item is unsold it may at our discretion be re-offered at a future sale. Where in our opinion an item is unsaleable you must collect such items from the saleroom promptly on being so informed. Otherwise, storage charges may be incurred. We reserve the right to charge for storage in these circumstances at a reasonable daily rate.
14. Withdrawn and bought in items. These are liable to incur a charge of 15% commission, 1.5 % Loss and Damage Warranty and any other costs incurred including but not limited to illustration and restoration fees all of these charges being subject to VAT on being bought in or withdrawn after being catalogued.
15. Conditions of Sale. You agree that all goods will be sold on our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking. We will also, at our discretion, and as far as practicable, confirm that an item consigned for sale does not appear on the Art Loss register, which is administered by an independent third party.
16. Authority to deduct commission and expenses and retain premium and interest.
(a) You authorise us to deduct commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
(b) You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business 48 hours after the day of sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.
17. Warehousing. We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make minimum warehousing charge of £10 per lot per day. Unsold lots are subject to the same charges if you do not remove them within a reasonable time of notification. If not removed within three weeks we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
18. Settlement. After sale settlement of the net sum due to you normally takes place within 28 days of the sale (by crossed cheque to the seller) unless the buyer has not paid for the goods. In this case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 12 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale until the expiry of 28 days from the date of sale.

CONDITIONS OF SALE
Bloomsbury Auctions carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
1. Definitions
In these Conditions:
(a) "auctioneer" means the firm of Bloomsbury Auctions or its authorised auctioneer, as appropriate;
(b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
(c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) "terms of consignment" means the stipulated terms and rates of commission on which Bloomsbury accepts instructions from sellers or their agents;
(e) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. Bidding procedures and the Buyer
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(2) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. Increments
Bidding increments shall be at the auctioneer's sole discretion.
4. The purchase price
together with a premium thereon of 28.8% which shall include VAT on the premium at the rate imposed by law. The buyer will also be liable for any royalties payable under Droit de Suite as set out under Information for Buyers.
5. Value Added Tax
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to "Information for Buyers" for a brief explanation of the VAT position).
6. Payment
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
(3) Buyers who utilise the services of ATG Live Auctions or any other live internet services are hereby informed that the payment method details that are provided to ATG Live Auctions or any other live internet services as part of the process of registration will, in the absence of compliance with paragraph (1) of this clause, be utilised by us to settle any amounts owing by such buyers to us.
7. Title and collection of purchases
(1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance charges.
(3) No purchase can be claimed or removed until it has been paid for.
(4) Bloomsbury Auctions can accommodate packing and shipping for certain items. For lots they are unable to provide this service for, successful buyers must make these arrangements independently, though the saleroom may be able to suggest specialist shipping companies who can advise buyers, this advice is not a recommendation and the saleroom is not liable for any aspect of the packaging and shipping process. Please note that the cost of packaging and shipping depends on the size/weight of the item(s) purchased, insurance requirements, and the shipping destination, not on the value of the item(s) purchased. Please note that any items not collected within one week of the sale date may be automatically removed to commercial storage and subject to a storage charge.
8. Remedies for non-payment or failure to collect purchases
(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
9. Third party liability
All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
10. Commission bids
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable.
Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
11. Warranty of title and availability
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
12. Agency
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. Terms of sale
The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.
14. Descriptions and condition
(1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 "information to buyers".
(2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
15. Forgeries
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer's premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
General
16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
17. (1) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail, email or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
19. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
20. Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
21. English law applies to the interpretation of these Conditions.

No lot will be transferred to the purchaser before it has been paid for in full.

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).

A lot will be handed to its bidder once Artcurial has received full payment of its invoice. Lots which are not withdrawn within seven days after a sale (including Saturdays-Sundays and Bank holidays) will be stored at the buyer's expenses, in our storage located outside Paris.

Each client has to provide his shipping instructions at the account department with his payment.

Artcurial's shipping department can provide shipping fares wich include softpacking and express courriers.

For any heavy or fragile item, we can recommend the shipping companies which are more likely to provide the best service according to the country where you live.

For bidder living outside the EEC, the shipping and delivery expenses depend from the customs regulations of the country of residence. Each bidder has to pay local taxes, on top of the shipping costs. The importation of certain goods depends from on the customs regulations of the country of residence.
For less than 10 bottles, Artcurial's shipping department can provide shipping fares which include softpacking and express couriers.
Otherwise, Artcurial can advise appropriate clearing agent and shippers. Please notice that shipping wines towards some specific countries as USA is very difficult (various constraints related to customs regulation) or impossible.

Contact : département Transport- par email :
shipping@artcurial.com +33 1 42 99 16 57

A lot will be handed to its bidder once Artcurial has received full payment of its invoice. Lots which are not withdrawn within seven days after a sale (including Saturdays-Sundays and Bank holidays) will be stored at the buyer's expenses, in our storage located outside Paris.

Each client has to provide his shipping instructions at the account department with his payment.

Artcurial's shipping department can provide shipping fares wich include softpacking and express courriers.

For any heavy or fragile item, we can recommend the shipping companies which are more likely to provide the best service according to the country where you live.

For bidder living outside the EEC, the shipping and delivery expenses depend from the customs regulations of the country of residence. Each bidder has to pay local taxes, on top of the shipping costs. The importation of certain goods depends from on the customs regulations of the country of residence.
For less than 10 bottles, Artcurial's shipping department can provide shipping fares which include softpacking and express couriers.
Otherwise, Artcurial can advise appropriate clearing agent and shippers. Please notice that shipping wines towards some specific countries as USA is very difficult (various constraints related to customs regulation) or impossible.

Contact : département Transport- par email :
shipping@artcurial.com +33 1 42 99 16 57

From €1 to €150,000: 25%
From €150,001 to €1,200 000: 20%
Over 1,200,001: 12%

Internet Fee:
Please note that the Internet fee is included in our premium. There are no additional Internet charges.

From €1 to €150,000: 25%
From €150,001 to €1,200 000: 20%
Over 1,200,001: 12%

Internet Fee:
Please note that the Internet fee is included in our premium. There are no additional Internet charges.

In addition of the lot's hammer price, the buyer must pay the different stages of following costs and fees/taxes:
1) Lots from the EU :
• From 1 to 150 000 euros: 25% + current VAT.
• From 150 001 to 1 200 000 euros: 20% + current VAT.
• Over 1 200 001 euros: 12% + current VAT.
2) Lots from outside the EU: (identified by an ¤ on the website).In addition to the commissions and taxes indicated above, an additional import fees will be charged (5,5% of the hammer price, 20% for jewelry and watches, motorcars, wines and spirits and multiples).
3) 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).

Artcurial is happy to provide condition reports for individual lots upon request (PLEASE NOTE THAT WE DO NOT SEND CONDITION REPORT FOR THE LOT UNDER THE ESTIMATE OF 500 euros).

In accordance with the French law, Artcurial is responsible for the information provided in his catalogues and not liable for the English translation, a courtesy to his English speaking clients. We recommended to our clients to see the objects during the sale's exhibition. A preliminary exposure making it possible to the purchasers to realize the state of the objects put on sale.