Sales agreement
TAJAN is an auction house specialised in moveable property governed by French Act n° 2000¬642 of July 10th 2000 and n° 2011850 of July 20th 2011. Tajan acts as the seller's agent. The auctioneer is not a party to the sale agreement, which is solely binding on the seller and the successful bidder.
As an operator of voluntary auction sales, Tajan is subject to ethical obligations that are regulatory according to the decree of February 21st 2012.
GENERAL TERMS
These general terms and conditions of sale, the sale and all maters relating thereto are governed by French law; the sellers, buyers and their agents accept that the courts of Paris (France) alone shall have jurisdiction over any legal action. These general terms and conditions are independent. Purchases must be made in cash and prices are stated in euros (€). Tajan may, at its option, withdraw or delay the sale partially or entirely.
WARRANTIES
The seller warrants to Tajan and to the buyer that he/she is the undisputed owner of the items offered for sale or that he/she has been authorised by the undisputed owner, that the said items are not encumbered by any claim, dispute, attachment, reservation or pledge and that he/she can legally transfer ownership of these items.
The information included in the catalogue is prepared by Tajan with the assistance of the Expert, if necessary, with the care required for public auctions, subject to the notices, declarations and amendments announced upon presentation of the item and noted in the record of sale. This information, including the dimensions set out in the catalogue, is provided to help the potential buyer inspect items and must be assessed personally by him/her. If no information on restoration, an accident, retouching or any other incident is provided in the catalogue, the condition reports or labels or during a verbal announcement, this does not mean that the item is void of defects. Frames condition is not guaranteed.
Gemstones and pearls, including the ones that are presented in the catalogue, may have been subject to some improvement (oiling for emeralds, hot treatment for sapphires, and rubies, whiteness for pearls). These improvements are judged as usual and are admitted by international gems and pearls trade.
If no information on restoration, an accident, retouching or any other incident is provided in the catalogue, the condition reports or labels or during a verbal announcement, this does not mean that the item is void of defects.
Gemstones without certificate are sold without guarantee regarding possible treatment.
There is no guarantee on whether or not the watches work. Please note that most water resistant watches have been opened in order to verify the type and quality of movement. We can not guarantee that these watches are still water resistant and we recommend that you consult a watchmaker before using them. It should be noted that some watch companies no longer have the original parts for the restoration of watches; no guarantee is therefore given to the buyer on the restoration. No claim will be accepted after the sale in the case of a repair estimate refused by a watchmaker.
No claim may be made after the sale is complete. Buyers may obtain a condition report on items included in the catalogue that are estimated at more than € 1 000 upon request. The information contained in such reports is provided free of charge and solely to serve as an indication. It shall by no means incur the liability of Tajan. In the event of a dispute concerning inter alia the authenticity or origin of items sold, Tajan is bound by a best endeavours obligation ; its liability may only be incurred if evidence is provided that it committed a wrongdoing.
SUMMARY OF DEFINITIONS
Attributed to : means that the work mentioned was created during the artist's period of production and that it is highly likely or possible (though not certain) that he/she is the artist.
Influenced by : the work is the painting of a contemporary artist of the artist mentioned who was highly influenced by the master's work.
Artist's studio : the work was produced in the artist's studio, but by students under his/her supervision.
In the manner of, in the style of : the work is in the style of the artist and of a later date.
Follower of : the work was executed up to 50 years after the death of the mentioned artist who greatly influenced the author.
ESTIMATES
The estimated sale price appears beside each lot included in the catalogue. It does not include the buyer's premium or VAT.
BIDS
Any individual who makes a bid during the sale shall be deemed to be doing so in his/her own name ; he/she shall assume full responsibility for his/her bid, unless he/she registered him/herself as an agent with Tajan and stipulated that the bid was being made for a designated third party.
AMOUNTS PAYABLE BY THE BUYER
The buyer must pay Tajan, in addition to the "hammer price", commission of 21 % excl. tax (i.e. 25.2 % incl. VAT) of the sale price.
Items originating from a country outside the European Union shall be marked with the symbol ƒ and ƒƒ. ƒ : In addition to the regular buyer's premium, a commission of 5.5 % (i.e., 6.6 % inclusive of VAT) will be charged to the buyer. ƒƒ : In addition to the regular buyer's premium, a commission of 20?% (i.e.24 % incl. VAT) will be charged to the buyer. These additional costs may, in certain cases, be reimbursed to the buyer. For more information, please contact our payment department on +33 1 53 30 30 33.
PAYMENT
Payment must be made immediately after the sale. Payments may be made by one of the following methods : ¬ Bank transfer in euros, ¬ Visa card or Master Card (subject to the presentation of valid proof of identity). ¬ In cash in euros : for individual European Union resident, and for all professionals, to an equal or lower amount of €1 000. ¬ In cash in euros : for individual only and non European Union resident, to an equal or lower amount of €15 000. ¬ Certified banker's draft in euros subject to the presentation of valid proof of identity. Cheques drawn on a foreign bank will not be accepted. Cheques and bank transfers must be denominated in euros and made out to the order of TAJAN SA.
Our Cashier's Department is open every working day from 9:00 AM to 12:30 PM and from 2:00 PM to 5:30 PM. T. +33 1 53 30 30 33, or +33 1 53 30 30 27.
Ownership will only be transferred to the buyer after Tajan has received full and clear payment of the purchase price, costs and taxes. However, regardless of ownership transfer, the risk and responsibility for the lot will transfer to the buyer immediately after the lot is sold. As soon as an item is pronounced "sold", it shall be placed under the sole responsibility of the buyer. It shall be the buyer's responsibility to insure the item purchased immediately.
NON¬PAYMENT
In accordance with Article L.321-14 of the French Commercial Code, if the buyer fails to pay for an item, and after notice to pay has been given by Tajan to the buyer without success, the item shall be re-auctioned at the seller's request. If the seller does not make such a request within three months of the auction, the sale shall be automatically cancelled, without prejudice to the damages owed by the defaulting bidder. TAJAN reserves the right to claim the following from the defaulting buyer : ¬
- interest at the legal rate increased by five points, ¬
- the reimbursement of the additional costs incurred by reason of his/her default, ¬
- payment of the difference between the initial hammer price and the resale price if the later is lower, as well as the costs incurred by the re-auction. ¬
TAJAN also reserves the right to offset any amounts Tajan may owe the defaulting buyer with the amounts due by the defaulting buyer. Tajan reserves the right to exclude any bidder who fails to comply with its general terms and conditions of sale from attending any future auction.
TAJAN adhere to the "Registre central de prévention des impayés des Commissaires priseurs" to which payment incidents may be reported. Debtors may exercise their rights of access, rectification and opposition.
FRENCH STATE'S RIGHT OF PRE¬EMPTION
The French State has a right of pre-emption over certain works of art sold at public auction. The use of this right comes immediately after the hammer stroke and must be confirmed by the French State within fifteen days following the sale. The French State will then be substituted for the last bidder.
IMPORT AND EXPORT
The export of any lot from France or the import into another country may be subject to authorisation (export certificates, customs authorisations). It is the buyer's responsibility to check which authorisations are required. Obtaining export or import certificate is at the sole expense of the buyer. Local laws may prevent you from importing lots made of or including protected material such as ivory, rhinoceros horn, tortoiseshell, Brazilian rosewood, etc. The denial of any export or import authorisation cannot justify any delay in making payment of the amount due nor cancellation of the sale.
COLLECTION OF PURCHASES
Purchases can only be collected after the buyer has paid all amounts due in full. In the event of a payment by cheque or bank transfer, delivery of the goods may be deferred until such time as the payment has cleared. In this case, storage costs shall be borne by the buyer and Tajan shall incur no liability whatsoever in this respect.
Lots sold must be collected within 14 days following the auction. After that period, storage costs will be charged 4 EUR per day per lot for small items, 8 EUR per day per lot for large items and furniture. Handling fee of 60 EUR per lot will also be charged. All large items and furniture will be stored at a storage facility designated by Tajan at the buyer's risk and expense.
INTELLECTUAL PROPERTY
Unless otherwise noted, Tajan owns the copyright in all images and any material and contents of its catalogues. Any use or reproduction of any part of the catalogue without prior written permission is forbidden. In addition, Tajan benefits from a legal right to reproduce lots in its catalogue, even though the copyright protection on these lots has not lapsed. Any full or partial reproduction may be liable to prosecution by the holder of the copyright. The sale of a work of art does not guaranty any gain of copyright or reproduction rights to the lot.
PERSONAL INFORMATION
The buyer agrees to be bound by all of the General Terms and Conditions of Sale herein. Buyer expressly authorises the collection of the personal information supplied to Tajan for the fulfilment of the sale and authorises Tajan to use the personal information to send communications accordingly to his/her fields of interest. Buyers are entitled, at any time, to access, rectify, update and delete their personal data in accordance with the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).
Premium
The buyer must pay Tajan, in addition to the "hammer price", commission of 21 % excl. tax (i.e. 25.2 % incl. VAT) of the sale price.
Items originating from a country outside the European Union shall be marked with the symbol ƒ and ƒƒ. ƒ : In addition to the regular buyer's premium, a commission of 5.5 % (i.e., 6.6 % inclusive of VAT) will be charged to the buyer. ƒƒ : In addition to the regular buyer's premium, a commission of 20?% (i.e.24 % incl. VAT) will be charged to the buyer. These additional costs may, in certain cases, be reimbursed to the buyer. For more information, please contact our payment department on +33 1 53 30 30 33.
Taxes and VAT
In addition, VAT shall be charged at the rate of 20%.
Items originating from a country outside the European Union shall be marked with the symbol f and ff.
f: In addition to the regular buyer's premium, a commission of 5.5% (i.e., 6.6% inclusive of VAT) will be charged to the buyer.
ff: In addition to the regular buyer's premium, a commission of 20% (i.e.24% incl. VAT) will be charged to the buyer.
These additional costs may, in certain cases, be reimbursed to the buyer.
For more information, please contact our payment department on
+33 1 53 30 30 33.
Non- European Union buyers may have all VAT and import tax refunded upon presentation of customs documents confirming that their property has been exported outside the EU.
Trade buyers from other EU countries may have all VAT refunded if they provide TAJAN with their VAT registration number and proof that their property has been shipped to another EU country.
The full amount due must be paid immediately after the sale, even if the buyer wishes to apply for an export license.
