Terms and Conditions of Sale
TERMS AND CONDITIONS OF PURCHASE FOR DIGITAL SALES
Artcurial SAS
Artcurial SAS is an auction house, governed by articles L 321-4 et seq of the French Commercial Code. As such, Artcurial SAS acts as the agent of the seller who contracts with the buyer. Relations between Artcurial SAS and the buyer are governed by these terms and the present conditions of purchase.
The Artcurial Live website is the property of Artcurial SAS, which owns the intellectual rights and organises voluntary auctions of works of arts and collectibles which take place only online. Such sales comply with the French legislation relating to public auctions.
The terms and conditions of purchase can be viewed and downloaded for free at any time.
1. ITEM OFFERED FOR SALE
a) Artcurial SAS puts online a sufficient number of clear, accurate and high quality photographs, taken in its photo studio, so that any online buyer can form an opinion of the quality of each lot offered for sale. Artcurial SAS will attach a condition report to the description of each lot, giving details of its state of conservation.
Given all details provided in this description, no additional photographs will be sent.
b) Before the auction, potential buyers can ask to examine any lot, exclusively by appointment with a 48 hrs notice, with an email sent to the administrator responsible for the sale. Only the lot or lots mentioned in the buyer's written request will then be available for the bidder's inspection. Artcurial SAS reserves the right to ask visitors for their ID. Maximum of two people per appointment.
c) Descriptions of lots obtained from the catalogue online, reports, labels and information provided, including information given about the existence of a repair, accident or incident affecting the lot, simply express Artcurial SAS's perception of the lot and are not considered to be proof of a fact.
d) Failure to indicate a repair, accident or incident in the catalogue online, reports or labels or orally does not in any way imply that an item is free of any present, past or repaired defects. Conversely, mentioning a defect does not imply the absence of all other defects.
e) Estimates of items up for auction are indicated in euros exclusively, excluding charges, delivery costs, customs or sundry taxes. Such estimates are given purely as an indication only and cannot be considered to imply a certainty that the item will be sold at the estimated price or even within the estimate bracket. Estimates cannot in any way constitute a guarantee.
2. DIGITAL SALES
a) Digital auctions have a limited duration, with a start time and date, and end time and date. They are conducted in euros.
During this period, Artcurial SAS is answering any questions future bidders might have about any lot included in the online sale. Such questions must be sent exclusively by email to the administrator responsible for the sale, up to 2 hours before the sale's closing.
b) Prior to registration on the Artcurial Live website, bidders must have read and accepted the terms and conditions of purchase that detail all Parties' obligations. By clicking on "I accept the terms of use of the site", bidders confirm they have read and unconditionally accept these terms and conditions, prior to entering into a contract.
Therefore, bidders acknowledge they are fully cognisant of the fact that their agreement to the contents of these terms and conditions does not require the hand-written signature of this document, insofar as they wish to bid online on the Artcurial.com website. Bidders confirm that these terms and conditions are fully applicable to them.
c) Bidders must register in advance to be able to bid. Artcurial SAS may ask any potential bidder to provide a copy of a national identity document (passport, national identity card or US driving licence) and, in any event a proof of address. Artcurial SAS reserves the right to request additional information or documentation. Until receipt of the email confirming registration by Artcurial SAS, the potential buyer will not have access to the online auction platform. Furthermore, Artcurial SAS reserves the right to deny any purchaser access to its online sale site for justified reasons.
d) Any bid registered and confirmed on the platform, may result in such item being declared sold to the highest bidder. The simple fact of making and confirming a bid is effectively binding, since ownership of the item is transferred once the sale is closed. The successful bidder will be the person who has made the highest bid, provided that it is equal to or above the reserve price. The successful bidder becomes the owner of the item at the closing time and date of the sale. Within two hours after the sale, the contractor will receive an email confirming the winning bid, along with its invoice. All bidders are required to check their emails and SPAM. Conversely, Artcurial SAS will not be obliged to inform unsuccessful bidders by email or telephone.
The contractor can receive the acquired lot after full payment of the invoice.
e) Any bidder undertakes to pay the hammer price plus buyer's charges, personally and immediately. All bidders act solely for their own account.
f) If Artcurial SAS receives several instructions for identical bid amounts, the earliest instruction received and confirmed will have preference. Artcurial SAS cannot be held liable in the event of a technical problem on its platform which would result in an error or omission in performing an instruction sent by a buyer.
g) When a reserve price has been stipulated by the seller, Artcurial SAS reserves the right to award the lot to the buyer who has made a bid at least equal to the reserve. The seller is not authorised to bid on his lot or through a third party. The reserve price cannot exceed the low estimate indicated in the catalogue or amended publicly before the sale.
h) Artcurial SAS will conduct the online sale in an ethical and discretionary fashion, ensuring freedom of bids and equality between all bidders. In the event of a dispute, Artcurial SAS reserves the right to cancel or put the lot back up for sale.
3. Execution of sale
a) In addition to the hammer price, the successful bidder (buyer) shall pay the following commission and tax per lot:
1) Lots from the EU:
25% + VAT, or 30% VAT included
2) Lots from outside the EU (marked by a * and the note 'lot under temporary import').
In addition to the commission and tax indicated above, import charges will be due (paintings, drawings, sculpture: 5.5% hammer price ; jewellery and watches, cars, wines and spirits and multiples: 20%).
3) VAT on commission and import charges may be paid back to the successful bidder on presentation of proof of export outside the EU.
EU bidders providing a document of Intra-community VAT No. registration and a document proving the delivery of the goods to its head office located in one of the EU states outside France, may obtain a refund of the VAT on commission.
The price of the lot, including charges and tax, has to be paid at once.
Successful bidders can settle their invoice by credit card by way of secure online payment only: VISA, MASTERCARD or AMEX (for American Express payments, an additional commission of 1.85% for collection costs will be charged).
b) Artcurial SAS will store the information provided by the successful bidder before the sale and include them in the official record of the sale.
c) Artcurial SAS will insure the lot until payment in full has been received and the successful bidder has collected the lot, within 30 days after the sale. Successful bidders cannot make claims against Artcurial SAS if the compensation they receive from Artcurial SAS's insurer following the theft, loss or damage of their lot, after payment, is insufficient.
d) The lot will only be delivered to the buyer after full payment of the price, charges and tax.
If the successful bidder fails to pay the price due 25 days after the sale, said sale is cancelled automatically, without prejudice to damages due by the defaulting buyer. The item is put back up for sale on behalf of the seller. Artcurial SAS reserves the right to exclude from its future sales any successful bidders that have defaulted on their payment or have not complied with these terms and conditions of purchase.
e) Purchases that have not been collected within thirty days following the sale (including Saturday, Sunday and public holidays) may be transported to a storage location to the costs of the defaulting buyer who will have to pay the expenses concerned in addition to the price, charges and tax, in order to be able to collect the lot.
4. Withdrawal
In accordance with articles L.121-17 and L.121-20-2 of the French consumer legislation for public auctions, customers do not benefit from a right of withdrawal in remote digital public auctions of works of art. Each bid made and each winning bid are final and binding on the customer concerned and is excluded from the scope of the right of withdrawal. Successful bidders who refuse to pay the hammer price and associated charges might be subject to legal proceedings and might also be refused any subsequent purchase instructions in any public auctions organised by Artcurial SAS.
5. Sale incidents
In the event of a dispute, Artcurial SAS reserves the right to name the successful bidder, pursue the sale or cancel it or put the lot back up for sale.
6. Intellectual property - reproduction of works
Artcurial SAS holds the right of reproduction for its online catalogue. Any reproduction of said online catalogue is prohibited and constitutes an infringement of intellectual property.
Furthermore, Artcurial SAS has an exemption allowing it to reproduce the works offered for sale in its online catalogue, even if the right of reproduction is not in the public domain.
Therefore, any reproduction of the Artcurial SAS online catalogue can constitute an unlawful reproduction of a work for which the party concerned may be the subject of an action for infringement brought by the holder of the rights to the work. The sale of a work does not entail a transfer of the right of reproduction and exhibition of the work to the buyer.
7. Lots subject to specific legislation
The Convention On International Trade in Endangered Species of 3 March 1973, also known as the Washington Convention, is intended to protect specimens and species that are said to be threatened with extinction.
The terms of its application vary from one country to another. Buyers are required to check the legislation applicable in their country in this regard before bidding.
Any lot including a part in ivory or rosewood, regardless of the date it was made or its certificate of origin, cannot be imported into the United States, as per the applicable legislation in this country. This is indicated by an (s).
8. Withdrawal of purchases
Lots can be collected directly from Artcurial at the address indicated in the online catalogue and on the invoice, during working hours, within 30 days after the sale.
Winning bidders can also appoint a third party, such as their shipper or carrier, to collect lots on their behalf or accept the amount of shipping costs sent with the invoice, which they can pay at the same time as the invoice. This will initiate the immediate process of delivery by courier.
The buyer is exclusively responsible for all formalities and shipping for a delivery outside the EU. The Artcurial Customs and Shipping Department is available to help buyers comply with the necessary formalities.
Artcurial SAS declines all liability for damages the item might sustain from the time it leaves its storage premises.
9 . Severability
If any provision of these terms and conditions is found to be invalid, this shall not affect the other provisions which shall remain in full force and effect.
10. Governing law and jurisdiction
In accordance with the law, it is stipulated that all actions for public liability brought with respect to voluntary public auctions are limited to five years from the auction or sale. French law exclusively governs these terms and conditions of purchase.
Any dispute relating to their existence, validity, applicability to any bidder and buyer and their performance will be settled by the competent court in the jurisdiction of Paris (France).
11. Protection of cultural assets
Artcurial SAS takes part in the protection of cultural assets and provides every effort, within its abilities, to ascertain the origin of the lots offered for sale in this catalogue.
12. Protection of personal data
Artcurial SAS undertakes to respect the confidentiality of the messages it receives from each of its customers. The personal information collected is essential to process purchase instructions and issue invoices. Artcurial SAS cannot be held liable in the event of the interception of such information by third parties despite the systems implemented to secure the transfer of data.
Artcurial SAS undertakes not to disclose to any third party, any of the personal data provided by bidders when registering.
Any person who has registered with Artcurial SAS has a right to access and correct personal information provided to Artcurial SAS under the conditions of the French Act of 6 July 1978 brought into line by the General Data Protection Regulation (RGPD) with the European regulation of 27 April 2016 directly applicable in all European countries since 25 May 2018.
