TERMS & CONDITIONS
Conditions of sale
The Auction House Cornette de Saint Cyr is a voluntary sales company governed by the law of 20 July 2011 and deontological rules. The Auction House acts as agent for the seller who enters into a sale contract with the purchaser.
The auction sales organised by the Auction House Cornette de Saint Cyr are hereby subject to the following conditions of sale:
Goods put up for sale
Potential purchasers are invited to examine the goods that might be of interest to them during the exhibitions which are organized by the Auction House Cornette de Saint Cyr before the auctions.
Condition reports may be requested from the Auction House by letter, telephone or electronic mail. They will be sent free of charge but are to be used for information only. The reports will include the artistic and scientific information known to the Auction House at the date of the sale and cannot substitute the physical examination by the purchaser.
The descriptions in the catalogue are established by the Auction House and where applicable by the expert who assists the former, subject to notices and corrections given when the lot is presented and included in the bill of sale. Sizes, weights and estimates are given for information purposes only. The colors of the works included in the catalogue may vary due to printing techniques.
The lack of information on the condition of the goods in the catalogue will by no means imply that the lot is in a perfect state of preservation or free from restoration, wear, cracks, relining or other imperfection.
The goods are sold in the state they are found at the time of sale. The prior exhibition has enabled potential purchasers to examine the object.
According to the article L221-28 of the French Consumer Code, the buyer cannot use a right of withdrawal after the public auction.
ln the event of a withdrawal of an article prior to the sale by a depositor and after the publication of the catalogue or, in the event of a modification to the minimum price rendering it impossible to put the article up for sale immediately, the seller will be obliged to pay the purchaser and seller fees calculated on the basis of the median estimate stipulated in the catalogue to the Auction House Cornette de Saint Cyr by way of compensation. The article which has been withdrawn will not be returned to the seller until the aforementioned fees are paid. If no payment is forthcoming, the article will be put up for sale once again in line with the terms of the initial sale requisition.
Auction sales
The auction sales are carried out in the order of the catalogue numbers. The bidders are invited to make themselves known to the Auction House Cornette de Saint Cyr before the sale to ensure that their personal details are recorded beforehand.
Bidders are generally present in the room. However, the bidders can use our purchase order forms to place a bid or our telephone bidding form. The documents are available at the end of the sale catalogue, on the website www.cornette.auction.fr., or on request. The form should be sent to the Auction House Cornette de Saint Cyr together with an ID card or passport, a bank identification slip [RIB in France] or bank details at least two days before the sale.
The Auction House Cornette de Saint Cyr will handle auction sales by telephone and absentee bids free of charge. The Auction House Cornette de Saint Cyr cannot be held responsible for a problem with the telephone link along with an error or omission in the execution of the absentee bids received.
It is also possible to bid though our three partners online auction sites Drouot Live, Interenchères and Invaluable.
The auction house cannot be held liable during the auction in the event of a technical problem on a platform.
ln the event of two identical absentee bids, preference will be given to the earliest absentee bid. The successful bidder will be deemed to be the individual who has made the highest bid. In the event of a double bid which is confirmed as such by the auctioneer, the lot will be put up for sale again and any or all persons present will have the right to take part in the second sale by auction.
French State has a pre-emption right for sold cultural goods. French State could substitute the final bidder within 15 days after the auction.
Payment
Payment must be paid immediately after the sale in euros by the bidder. In the event that the successful bidder has not given their personal information before the sale, they will be required to provide proof of identity and bank details.
ln addition to the hammer price, purchasers will be required to pay the following costs and taxes per lot and per block:
- from 1 to 150 000 €: 25 % before tax (30 % inclusive of tax except for books 26.37 % inclusive of tax)
- from 150 001 € to 1 200 000 €: 20% before tax (24 % inclusive of tax except for books 21,10% inclusive of tax)
- above 1 200 001 €: 12% before tax (14,40 % inclusive of tax except for books 12,66% inclusive of tax)
For lots from countries outside the European Union, import tax will be added as follows:
For lots with numbers preceded by the sign: * additional tax of 5,5 % of the hammer price.
For lots with numbers preceded by the sign: ** additional tax of 20 % of the hammer price. .
In addition, the buyers who purchased their items through a platform online will pay:
- 1.5 % before tax (1.8 % inclusive of tax) of the hammer price if they used Drouot Live (Digital) services
- 3 % before tax (3.6 % inclusive of tax) of the hammer price if they used Interencheres
- 5 % of the hammer price for Invaluable services.
The successful bidder may pay using one of the following methods:
- in cash within the limits of the legislation in force.
- by bank transfer.
- by cheque, with the presentation of identity papers being compulsory.
Cheques drawn on a foreign bank will only be accepted provided prior consent is obtained from the Auction House Cornette de Saint Cyr. Purchasers are advised to provide a letter of credit from their bank for an amount which is close to their intended purchase figure.
- by bank card except American Express.
The resale right if is due, is at the seller's charge according to the articles R122-6 et L122-8 of the French intellectual property Code.
Failure to pay
ln the event of failure to pay the hammer price and fees, formal notice will be sent to the purchaser by registered letter with acknowledgement of receipt. ln the event of failure to pay at the end of the deadline of one month after the sending of the formal notice, the purchaser will be required to pay delay penalties of 1% per month of the hammer price as well as the collection costs. In case of an intervention of our attorney at law to collect the outstanding amount, the costs will be in the charge of the purchaser with a minimum of 500 euros. Each month started counting as a full month.
This clause being applied will not hinder the awarding of damages and costs for the legal proceedings which will be required, and does not exclude the article being put up for sale again in a new auction which is governed by article L 321 -14 of the Commercial Code.
Within the framework of this new auction, the Auction House hereby has the right to claim the payment of the difference between the initial hammer price and the subsequent hammer price obtained from this reiteration of auction, if this last is lower, together with the costs incurred due to the second Auction sale from the defaulting successful bidder.
The Auction House Cornette de Saint Cyr hereby reserves the right to offset against the amounts owed to the defaulting successful bidder. Furthermore, the Auction House Cornette de Saint Cyr hereby reserves the right to exclude any or all successful bidder who has not complied with these conditions of sale from its future auction sales.
The Auction House Cornette de Saint Cyr is member of the Central Registry for auctioneers for the prevention of outstanding invoices of the auctioneers where a default in payment can be inscribed.
The debtor can access, modify or make an opposition for a legitimate reason before the SYMEV at the following address: 15 rue Freycinet 75016 Paris.
All auction sales invoices remaining unpaid or subject to delays in payment may be added to the Auction Access restriction file « TEMIS File » maintained by Commissaires-Priseurs Multimédia (CPM). Bidders listed on the TEMIS File may face restrictions on their bidding activity at auctions and also be temporary suspended of access to the www.interencheres.com live service.
Bidders listed on the TEMIS File can contest it or exercise their rights of access, rectification and objection under applicable data protection legislation by submitting in writing by post to CPM, 37 rue de Châteaudun 75009 Paris or by email to contact@temis.auction. Le bidder may also submit a complaint to the CNIL, 3 Place de Fontenoy TSA 80715 75334 Paris Cedex 07.
Important notifications relating to the auction process will be sent to the mail and postal address that the bidder provided the auctioneer at the time of the auction. The bidder must notify the auction house of any changes to their contact details.
Collection of purchases
No lot will be handed over to the purchasers before all of the amounts owed are settled.
ln the event of payment with a non-certified cheque or by bank transfer, delivery of the articles may be differed until receipt of the amounts owed. As soon as the auction sale is concluded, the articles will be placed under the purchaser's full responsibility.
With regard to the collection of lots which have not been taken on the date of the sale, you are advised to contact the Auction House Cornette de Saint Cyr prior to collection on +33 (0)1 47 27 11 24.
An appointment can be made to collect small paintings and objects of art at 6 avenue Hoche, 75008 Paris, from Monday to Friday from 9.00 a.m. to 1.00 p.m. and from 2.00 p.m. to 6.00 p.m. (5.00 p.m. on Fridays). Fifteen days of free storage is offered. Thereafter, the storage will be invoiced at 36 euros inclusive of tax per month and per lot (or 9 euros inclusive of tax per week and per lot). If the article is collected after the beginning of the week payment for a full week will be requested.
Furniture and in general terms any bulky articles are stored at our partner's warehouse. Storage costs are to be paid by the purchaser and will be invoiced directly by our partners to the purchaser with the tariffs in force as following: free of charge the first two weeks of storage; from the 15th day, a fee of 24 € inclusive of tax per two week period (the first two weeks after the auction will also be invoiced from the 15th day, as well as the following two weeks). In addition to these storage fees, a handling charge of 54 € inclusive of tax is to be included (not-invoiced the first two weeks). Hence, from the 15th day after the auction, the total storage and handling fees for the month will be of 102 € per item.
The Auction House will not be responsible for the storage of articles.
Transport of the lots is to be carried out at the successful bidder's expense and under their full responsibility.
Items subject to specific legislation
Sales of arms: Except as permitted by law, only licence holders are able to bid.
The sale of some items is governed by the Washington Convention of the 3rd March 1973 relative to the protection of specimens and species threatened by extinction (CITES). The buyers have to check the legislation applicable in their country before bidding.
Export
Tax refund
The VAT will be refunded to the buyers who are non-European Union residents upon presentation to our accountant of the export declaration (SAD) of the good(s) purchased duly endorsed by the competent customs authority, within 3 months after the sale. The export declaration must mention the auction house Cornette de Saint Cyr as the consignor and the buyer as the consignee of the good(s).
The export of the works of art considered as "cultural goods" must be authorized by the Ministry for the Arts (see article L 111-2 of the Patrimony Code).
The export to a country within the European Union requires a certificate of export issued by the Ministry of the Arts with a delay up to 4 months.
This certificate could be asked by the Auction House on behalf of the buyer after the sale.
The export to a country outside the European Union requires a certificate of export as well as an export licence and a customs declaration.
In this case, the buyer has to pass through a transit company in order to ask for these export authorizations.
The Ministry of the Arts issues or refuses the certificate of export within a maximum delay of 4 months and the licence export need two further weeks to be obtained.
The documents required must be presented to the customs officers.
The law punishes to penalties the person who exports or tries to export a cultural good without the authorizations required (see article L 114-1 of the Patrimony Code).
The works of art are considered as cultural goods according to their age (generally from 50 years) and their value (price with taxes included) which varies by categories (€ 150 000 or more for paintings, € 15 000 or more for prints…). These thresholds are set by the decree n° 93-124 of the 29th January 1993 and by the European Regulation of the 18th December 2008 (n° 116/2009).
The buyer cannot make the export certificate as a condition of his payment.
The Auction House is not responsible for the delay or the refusal of the export certificate from the Ministry for the Arts.
Governing law and jurisdiction
These conditions of sale are governed by French law. Any or all disputes relating to the wording, validity and performance that is not settled amicably with the auction house or through the Sale Council will be settled by the court or competent jurisdiction in Paris.
According to the law, all liability actions against the auction house or the expert of the sale are limited to five years from the auction.
Compliance with the General Data Protection Regulation (GDPR)
For its activities, our auction house collects personal data regarding sellers and buyers. Consequently, sellers and buyers have right to access, rectification and opposition on their personal data contacting directly the auction house. Our society guarantees the confidentiality of the data received. The auction house could use the data in order to satisfy its legal obligations or, with the client agreement, for its activity (sale advertising). The data could be forwarded to the competent authorities when it is required by the law and regulation.
Hammer prices can be found on the internet site www.cornette-saintcyr.com or upon request at the following telephone number +33 (0) 1 47 27 11 24.
Buyer premium
ln addition to the hammer price, purchasers will be required to pay the following costs and taxes per lot and per block:
- from 1 to 150 000 €: 25 % before tax (30 % inclusive of tax except for books 26.37 % inclusive of tax)
- from 150 001 € to 1 200 000 €: 20% before tax (24 % inclusive of tax except for books 21,10% inclusive of tax)
- above 1 200 001 €: 12% before tax (14,40 % inclusive of tax except for books 12,66% inclusive of tax)
For lots from countries outside the European Union, import tax will be added as follows:
For lots with numbers preceded by the sign: * additional tax of 5,5 % of the hammer price.
For lots with numbers preceded by the sign: ** additional tax of 20 % of the hammer price. .
In addition, the buyers who purchased their items through a platform online will pay:
- 1.5 % before tax (1.8 % inclusive of tax) of the hammer price if they used Drouot Live (Digital) services
- 3 % before tax (3.6 % inclusive of tax) of the hammer price if they used Interencheres
- 5 % of the hammer price for Invaluable services.
