CONDITIONS GÉNÉRALES D'ACHAT
Besch Cannes Auction is a voluntary sales of furniture company public auction governed by the law of 10 July 2000. In this capacity Besch Cannes Auction acts as agent of the seller who contracts with the buyer.
The relationship between Besch Cannes Auction and the buyer are subject to the general conditions of purchase which can be modified by written or oral notice to be mentioned in the minutes of sale.
1 - The property for sale
a) The prospective buyers are invited to examine the goods may interest before the auction, especially during exhibitions. Besch Cannes Auction at the disposal of the prospective buyers to provide their reports on the state of the lots.
b) The descriptions of the lots resulting from the catalog, reports, labels and the verbal statements or announcements are only the expression by Besch Cannes Auction perception of the lot, but can not constitute proof of a fact.
c) The indications given by Besch Cannes Auction on the existence of a restoration of an accident or incident affecting the lot are only made to facilitate inspection by any prospective buyer and remain subject to his personal knowledge or that of its expert. The absence of evidence of a restoration of an accident or incident in the catalog, reports, labels or orally, does not imply that property is free of any current, past or repaired . Conversely any defect whatsoever does not imply the absence of any other defects.
d) Estimates are provided for information only and can not be considered as implying the certainty that good will be sold for the estimated price or even within the range of estimates. The estimates do not constitute any guarantee.
e) The color rendering photographic reproductions both on paper catalogs on various websites is for information only and without any warranty.
2 - Selling
a) Any person who is a bidder undertakes to pay personally and immediately the hammer price plus the costs borne by the buyer and all taxes or fees that might be payable. Any bidder is deemed acting on his own behalf except when prior notification as agent on behalf of a third party accepted by Besch Cannes Auction.
b) The usual way to bid is to be present in the auction room. However, Besch Cannes Auction may graciously accept to receive some bids by telephone from a prospective buyer who has expressed before the sale. Besch Cannes Auction will include liability if the telephone connection is not established, is made too late, or for errors or omissions relating to the reception of the telephone.
c) Besch Cannes Auction may graciously accept to execute orders to bid which will have been transmitted before the sale and Besch Cannes Auction will be accepted. If Besch Cannes Auction receive several orders for identical amounts auction is the oldest order that will be preferred. Besch Cannes Auction will engage its responsibility in case of error or omission execution of the written order.
d) In the event that a reserve price has been stipulated by the seller, Besch Cannes Auction reserves the right to bid on behalf of the seller until the reserve price is reached. However, the seller will not be allowed to wear himself auction directly or by proxy.
e) Besch Cannes Auction will conduct the sale of discretion, in accordance with established practices. Besch Cannes Auction reserves to refuse any bid, to organize the auction in the most appropriate way to move some lots in the sale, to withdraw any lot from the sale, together or separate lots. In case of dispute Besch Cannes Auction reserves to designate the successful bidder, to continue selling or cancel it, or to put the lot up for sale.
f) Subject to the decision of Mr. Jean-Pierre Besch, authorized auctioneer, the successful tenderer shall be the person who brought the highest bid provided it is at or above the reserve price, possibly stipulated. The hammer stroke the auction ends and the pronouncement of the word "gone" or equivalent will result in the formation of the sales contract between the seller and the last bidder taken. The successful bidder will get the next batch after payment of the full price. Upon delivery of a regular check, only cashing the check will be regulation.
3 - The execution of the sale
a) In addition to the price of the auction, the successful bidder (purchaser) must pay batch 21.25% 25.50% H.T be T.T.C.
b) On lots marked with * will be applied the legal costs of 12% or 14.40% excluding VAT.
c) An additional 3% VAT 3,60 VAT will be applied to sales via the auction "live". An additional 5% excluding 6% VAT for bidders Invaluable.
• Taxes (VAT on commission and VAT on import may be retroceded to the purchaser on presentation of proof of exportation outside the EEC. An EEC purchaser of an n of VAT is exempt from paying VAT on commissions.
The payment of the lot will be made cash in the full price, expenses and taxes, even if the need to obtain an export license.
• The Payments may be made through the following means:
- Cash: up to 3000 € fees and taxes included for French citizens
- Up 7600euros fees and taxes for foreign nationals on presentation of their identity document
- By check or bank transfer
- By credit card: VISA, MASTERCARD
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d) Besch Cannes Auction will be authorized to reproduce in the official sale and auction on the slip will have provided the information before the sale. Any false information given the responsibility of the purchaser.
e) It will be up to the contractor to make sure the lot from the auction. Will have no recourse against Besch Cannes Auction, in the event that as a result of theft, loss or degradation of his lot after the auction, the compensation he will receive from the insurer of Besch Cannes Auction would have proved insufficient.
f) The lot will be delivered to the buyer after full payment of the price, costs and taxes.
Meanwhile Besch Cannes Auction may be charged to the purchaser of the batch of filing fees, and possibly the costs of handling and transportation.
A default by the purchaser, after formal notice has been given, the property is put up for sale at the request of the seller false bidding of the defaulting buyer if the seller does not make this request within a months after the auction, the sale is automatically canceled, without prejudice to damages owed by the defaulting buyer.
In addition, Besch Cannes Auction reserves to claim from the defaulting buyer has his choice
- The reimbursement of additional costs generated by the buyer,
- The payment of the difference between the original contract price and the crazy on bidder's price if it is lower, and the costs generated by the new auction.
- Besch Cannes Auction reserves the right to exclude from any future auction, any bidder who has been failed or that has not fulfilled these general conditions of purchase.
f) Purchases which have not been collected within seven days of the sale (Saturdays, Sundays and holidays included), can be transported in a conservation expense of the defaulting buyer who will set the corresponding cost to remove the lot, in addition to the price, costs and taxes.
4 - The incidents of sale
a) In the case two bidders have bidden identical by voice, gesture, or phone and call at the same time the benefit of the tender after the hammer, the property will be immediately put on sale at price proposed by the last bid, and all those attending will be entitled to bid.
b) To facilitate the presentation of the items during the sales, Besch Cannes Auction may use video technology. On error handling can lead during the sale at present a very different from that to which the bids have been made, Besch Cannes Auction will not incur responsibility, and will be the sole judge of the need to start the auction.
5 - Pre-emption of the French state
The French state has a right of first refusal of works sold in accordance with applicable laws. The exercise of this right occurs immediately after the hammer blow, then the state representative demonstrating the willingness of the latter to substitute for the last bidder, and to confirm the refusal within 15 days. Besch Cannes Auction will be held responsible for the conditions of preemption by the French state.
6 - Export - Import
The export of any goods from France and imported into another country may be subject to authorization (export certificates, customs authorizations). It is the responsibility of the buyer to check the required permissions. Export procedures (certificate requests for a cultural property export permit) taxable lots are of the purchaser spring and may require a period of two to three months. For additional information, should be contacted Besch Cannes Auction Sarl.
CONDITIONS OF PURCHASE C A N N E S A U C T I O N To make telephone bids, purchase orders: please enclose a check in the amount of 10% of the low estimate of the desired lots.
Contract
All property is being offered under French Law and the conditions printed in this volume. lt is important that you read the following pages carefully.
The following pages give you as well useful information on how to buy at auction. Our staff is at your disposal to assist you.
BUYER'S PREMIUM
The purchase price will be the sum of the final bid plus a buyer's premium of 25 % inc. taxes.
There is a bid limit at 5,000 euros, to increase this bid limit you may have to organize a deposit of 10% of the low estimate for the lot you would like to bid on.
This deposit will be pay back as soon as the lot is sold.
Live Auction : an additional buyer's premium of 5% ex. taxes (6 inc. taxes) will be charged by Besch Cannes Auction to this buyer's premium
Bids may be executed in person by paddle during the auction or by telephone, or by third person who will transmit the orders in writing or by telephone prior to the sale. The auctions will be conducted in euros. A currency converter wili be operated in the salesroom for your convenience but, as errors may occur, you should not rely upon it as substituts for bidding in euros.
Bidding in Person
To bid in person at the auction, you will need to register for and collect a numbered paddle before the auction begins. Proof of identity will be required.
If you wish to bid on a lot, please indicate clearly that you are bidding by raising you paddle and attracting the attention of the auctioneer. Should you be the successful buyers of any lot, please ensure that the auctioneer can see your paddle and that it is your number that is called out.
Should there be any doubts as to price or buyer, please draw the auctioneer's attention to it immediately.
We will invoice all lots sold to the name and address in which the paddle has been registered and invoices cannot be transferred to other names and addresses.
In the event of loss of your paddle, please inform the sales clerk immediately.
At the end of the sale, please return your paddle to the registration desk.
If you make a bid at auction, you do as principal and we may held you personally and solely liable for that bid unless it has been previously agreed that you do so on behalf of an identified and acceptable third party and you have produced a valid power of attorney acceptable to us.
Conditions of sale
As indicated above, the auction is governed by the conditions printed in this catalogue. Anyone considering bidding in the auction should read them carefully. They may be amended by way of notices posted in the salesroom or by way of announcement made by the auctioneer.
Access to the lots during the sale
For security reasons, prospective bidders will not be able to view the lots whilst the auction is taking place.
Auctioning
The auctioneer may commence and advance the bidding at levels he considers appropriate and is entitled to place consecutive and responsive bids on behalf of the vendor until the reserve price is achieved.
Information
Pre-sale estimates
The pre-sale estimate are intended as a guide for prospective buyers. Any bid between the high and the low pre-sale estimates offers a fair chance of success.
lt is always advisable to consult us nearer the time of sales as estimates can be subject to revision.
Condition of Lots
Solely as a convenance, we may provide condition reports. All the property is sold in the condition in which they were offered for sale with all their imperfections and defects.
No claim can be accepted for minor restoration or small damages.
lt is the responsability of the prospective bidders to inspect each lot prior to the sale and to satisfy themselves that each lot corresponds with its description. Given that the re-lining, frames and finings constitute protective measures and not defects, they will not be noted. Any measurements provided are only approximate.
All prospective buyers shall have the opportunity to inspect each object for sale during the presale exhibition in order to satisfy themselves as to characteristics, size as well as any necessary repairs or restoration.
Sale preview
Pre-auctions viewings are open to the public free of charge. is concerned for your safety while on our premises and we endeavour to display items safely so far as is reasonably practicable, Nevertheless, should you handle any items on view at our premises, you do so at you own risk.
Preemption right
The French state retains a preemption right on certain works of art and archives which may be exercised during the auction.
In case of confirmation of the preemption right within fifteen (15) days from the date of the sale, the French state shall be subrogated in the buyers position.
Catalogue descriptions
shall exercise such due care when making express statements in catalogue descriptions, as amended by any notices posted in the salesroom prior to the opening of the auction or by announcement made by the auctioneer at the beginning of the auction and noted in the minutes of the sales, as is consistent with its role of an auction house and in the light of the information provided to it by vendor, of the scientific, technical and artistic knowledge, and the generally accepted opinions of relevant experts, at the time any such express statement is made.
