Conditions of purchase
Conditions of purchase
The auction house TRADAR T DEAUVILLE is a voluntary sales company governed by the law of 10 July 2000.
The auction house acts as agent for the seller who enters intro a contract for sale with the pur chaser.
The auction sales organized by TRADART DEAUVILLE are hereby subject to the following conditions of sale, which can be modified by saleroom notice or oral indications before the sale, which will be recorded in the official sale record:
Goods for auction
Potential purchasers are invited to examine the items that might be of interest to them during the exhibits which are organized by the auction house TRADART DEAUVILLE.
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 the latter will not accept any responsibility for errors or omissions.
Description of the lots are only the expression of TRADART DEAUVILLE and where applicable by the expert who assists the former. They are subject to notices and corrections given when the lots is presented and included in the bill of sale.
Sizes, weights and estimates are given for information only. The colors of the Works included in the catalogue may vary due to printing techniques.
The lack of information by relating a restoration, wear, cracks, relining or other imperfection does not imply that the item is exempt from any current, past or repaired defect. Inversely, the indications of any defect don't imply the absence of any other defect. The goods are sold in the state they are found at the time of sale. As the prior exhibit has enabled potential purchasers to examine the object, no claim will be accepted once the hammer has gone down.
In the event of a withdrawal of a lot 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 lot up for the 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 TRADART DEAUVILLE 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 The article which has been withdrawn will not be returned to the seller until the aforementioned fees are paid.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.
The sale
The bidders are invited to make themselves known to TRADART DEAUVILLE before the sale to ensure that their personal details are recorded. Bidders are generally present in the room. However, TRADART DEAUVILLE may graciously accept to receive some absentee bids in writing or bid by telephone from a prospective buyer who has expressed such a request before the sale.
In all cases, TRADART DEAUVILLE 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.
In the event of two identical absentee bids, preference will be given to the earliest absentee bid. The bidder who is present in the room shall have priority over an absentee 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. 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 again and any or all persons present will have the right to take part in the second sale by auction.
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.
Payment
Sales are to be paid for in cash and in Euros. In addition to the hammer price, purchasers must pay the following costs and taxes per lot: Lots from EEC: 20, 90% excluding tax, or 25% including tax. Lots out of EEC (preceded by the sign); in addition to the costs and taxes aforementioned, import tax will be added as follows, 7% of the hammer price, and 19,6% for jewels.
The taxes (VAT on commissions and VAT on importation) can be retroceded to the purchaser on presentation of written proof of exportation outside the EEC. An EEC purchaser who will submit his intra-community VAT number will be exempted from paying the VAT on commissions.
The payment of the lot will be made cash, for the whole of the price, costs and taxes, even when an export license is required.
The purchaser will be authorized to pay by the following means:
-In cash: up to 3000 €, costs ans taxes included, for French Citizen, up to 15.000 €, costs and taxes included, for foreign Citizen 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 presentation. Cheque drawn on a foreign bank will only be accepted provided prior consent is obtained from TRADART DEAUVILLE.
Purchasers are advised to provide a letter from their bank for an amount which is close to their intended purchase figure.
- By bank transfer: CL PARIS CHAMPS ELYSEE AS (00443)/ 30002/ 00443/ 0000012516J/
90/ IBAN FR 71 3000 2004 4300 0001 2516 J90/ Code B.I.C.: CRLYFRPP
- By credit card: Visa, Mastercard
Should the buyer fail to pay the amount due, and after notice to pay has been given by TRADART DEAUVILLE to the buyer without success, at the seller request, the lost is reoffered for sale, Under the French procedure know as « procédure de folle enchère ».
In addition, TRADART DEAUVILLE reserves the right to claim against the defaulting buyer, at his option:
-interest at the legal rate increased by five points - Reimbursement of additional costs generated by the buyer's default - The payment of the difference between the initial hammer price and the price of sale after " procedure de folle enchère" it is inferior as well has the costs generated by the new auction.
TRADART DEAUVILLE reserves the right to set up any amount TRADART DEAUVILLE may owe the defaulting buyer with the amount to be paid by the defaulting buyer.
TRADART DEAUVILLE reserves also the right to exclude from any future auction, any bidder who has been a defaulting buyer or who has not fulfilled these general conditions of purchase.
The French state 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.
TRADART DEAUVILLE will not bear any responsibility for the condition of the pre-emption by the French State.
Export
The export of the works of art considered as "cultural goods" must be authorized by the Ministry for the Arts (Art. L-111-2 of the patrimony code).
The export in a country of the EEC requires a certificate of export issued by the Ministry of the Arts in a delay that can take 4 months. This certificate could be asked by the auction house on behalf of the buyer after the sale.
The export in a country out of EEC requires a certificate of export, more an export license 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 law punishes of penalties the person who exports or tries to export a cultural good without the authorizations required (Art. L-114-1 of the patrimony code).
TRADART DEAUVILLE can not be responsible for the delay or the refusal of export certificate from the Ministry for the Arts.
Governing 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.
Payment
Payment
Sales are to be paid for in cash and in Euros. In addition to the hammer price, purchasers must pay the following costs and taxes per lot: Lots from EEC: 20, 90% excluding tax, or 25% including tax. Lots out of EEC (preceded by the sign); in addition to the costs and taxes aforementioned, import tax will be added as follows, 7% of the hammer price, and 19,6% for jewels.
The taxes (VAT on commissions and VAT on importation) can be retroceded to the purchaser on presentation of written proof of exportation outside the EEC. An EEC purchaser who will submit his intra-community VAT number will be exempted from paying the VAT on commissions.
The payment of the lot will be made cash, for the whole of the price, costs and taxes, even when an export license is required.
The purchaser will be authorized to pay by the following means:
-In cash: up to 3000 €, costs ans taxes included, for French Citizen, up to 15.000 €, costs and taxes included, for foreign Citizen 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 presentation. Cheque drawn on a foreign bank will only be accepted provided prior consent is obtained from TRADART DEAUVILLE.
Purchasers are advised to provide a letter from their bank for an amount which is close to their intended purchase figure.
- By bank transfer: CL PARIS CHAMPS ELYSEE AS (00443)/ 30002/ 00443/ 0000012516J/
90/ IBAN FR 71 3000 2004 4300 0001 2516 J90/ Code B.I.C.: CRLYFRPP
- By credit card: Visa, Mastercard
Should the buyer fail to pay the amount due, and after notice to pay has been given by TRADART DEAUVILLE to the buyer without success, at the seller request, the lost is reoffered for sale, Under the French procedure know as « procédure de folle enchère ».
In addition, TRADART DEAUVILLE reserves the right to claim against the defaulting buyer, at his option:
-interest at the legal rate increased by five points - Reimbursement of additional costs generated by the buyer's default - The payment of the difference between the initial hammer price and the price of sale after " procedure de folle enchère" it is inferior as well has the costs generated by the new auction.
TRADART DEAUVILLE reserves the right to set up any amount TRADART DEAUVILLE may owe the defaulting buyer with the amount to be paid by the defaulting buyer.
TRADART DEAUVILLE reserves also the right to exclude from any future auction, any bidder who has been a defaulting buyer or who has not fulfilled these general conditions of purchase.
The French state 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.
TRADART DEAUVILLE will not bear any responsibility for the condition of the pre-emption by the French State.
Condition Report
Potential purchasers are invited to examine the items that might be of interest to them during the exhibits which are organized by the auction house TRADART DEAUVILLE.
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 the latter will not accept any responsibility for errors or omissions.
Description of the lots are only the expression of TRADART DEAUVILLE and where applicable by the expert who assists the former. They are subject to notices and corrections given when the lots is presented and included in the bill of sale.
Sizes, weights and estimates are given for information only. The colors of the Works included in the catalogue may vary due to printing techniques.
The lack of information by relating a restoration, wear, cracks, relining or other imperfection does not imply that the item is exempt from any current, past or repaired defect. Inversely, the indications of any defect don't imply the absence of any other defect. The goods are sold in the state they are found at the time of sale. As the prior exhibit has enabled potential purchasers to examine the object, no claim will be accepted once the hammer has gone down.
