General Terms and Conditions of Sale

Untitled 1

SAS Auctie's SVV (hereinafter referred to as "Auctie's" or "We") is an operator of voluntary sales of furniture by public auction governed by Articles L.321-4 et seq. of the French Commercial Code. In this capacity, Auctie's acts as agent for the seller.

 The relationship between Auctie's and the purchaser (hereinafter the "Purchaser" or "You") shall be subject to these terms and conditions of sale.

 The voluntary sale is subject to French law and will be conducted expressly in cash.

 

1. Before the sale

1.1 Online estimate service

 Estimates are provided for information purposes only, and should not be construed as a certainty that the property will be sold at the estimated price or within the estimated range.

Estimates provided by Auctie's are not a guarantee and are subject to change prior to sale.

Any offer made within the estimate range has a reasonable chance of success. By submitting a request for an estimate, the applicant agrees to receive solicitations by email or telephone (SMS).

This estimation service is provided free of charge. By submitting an application, the applicant agrees to assign the rights to use the photos, texts and documents shared during the submission for any purpose whatsoever. These elements may be used by Auctie's to enrich its online databases.

 

1.2 Condition of the lots

 We are at your disposal to provide you with a detailed report on the condition of the lots.

All goods are sold in the condition in which they are at the time of sale, notwithstanding any imperfections or defects. No claim will be admissible once the auction is pronounced, the successive exhibitions and the possibility of requesting a detailed report having enabled the Purchasers to examine the condition of the objects offered for sale.

It is specified that the visitors and the possible Purchasers, have, on simple request, the possibility of reaching a more complete examination of the presented objects.

 

1.3 Pre-sale exhibition

 The pre-sale exhibition is open to all.

 Auctie's endeavours to display the objects in the safest possible manner for the sake of safety. You shall not handle the objects without the permission of Auctie's.

 Any handling of items not supervised by Auctie's is at your own risk.


2. Auctioning

Bids can be made in person, by telephone or through a third party. Bids will be conducted in euros.


 2.1 Bidding in person

 In order to be able to participate in the auction in person, a means of payment (cheque or credit card details) and the civil status of the buyer (personal information) must first be submitted by the potential Buyer to the auction house. A plaque number will be given to him in return. This number will identify the Buyer in case of acquisition of a lot.

Access to the sales room is free and does not require pre-registration.

When the bid is served, the potential Buyer present in the auction room gestures to the auctioneer to bid.

If there is any doubt about the price or the Buyer of an item at the auction, you can immediately bring it to the attention of the person in charge of the sale.

Auctie's conducts the sale in a manner that ensures freedom of bidding. 

 

2.2 Bidding by telephone

If You cannot be present on the day of the auction, You have the possibility to bid directly by telephone, provided that You have made yourself known 24 (twenty-four) hours before the sale.

We also recommend that you provide a cover order for us to execute on your behalf in the event that we are unable to contact you.

Auctie's cannot be held responsible for technical difficulties due to poor telephone connections.

 

2.3 Mandate to a third party bidder

When You bid during the sale, You do so in a personal capacity and we may hold You solely responsible for the payment of the auction price and any taxes that may be due, unless You have previously notified us that You are bidding in the name and on behalf of a third party by providing us with a regular power of attorney that we have previously registered.

 

2.4 Purchase orders

In the event that You are unable to attend the sale, Auctie's offers to execute the purchase orders that You have transmitted to us prior to the sale, before, during or after the exhibitions in writing, in Euros, and in Your name

This service is free and confidential.

Lots are bought at the best price, respecting the reserve price stipulated by the seller, and the other bids. In the event of several purchase orders for identical amounts, the oldest order will be given preference and will win the sale.

Unlimited or "buy at any price" bids will not be accepted. The purchase order indicates the maximum price beyond which the Buyer does not wish to bid.

Written orders can be sent :

 You may also place bids by telephone but these must be confirmed in writing before the sale. In order to ensure a satisfactory service to bidders, you are requested to ensure that we have received your purchase order at least 24 (twenty-four) hours before the sale.

 

3. The sale 

3.1 Terms of sale

As indicated above, the auction is governed by the legal rules and those set out in this text. Anyone intending to bid should read these terms and conditions carefully, which are available as an appendix to the sale catalogues distributed online or in hard copy. They may be modified by posting in the auction room or by announcements made by the person authorised to conduct the sale.

 

3.2 Access to lots during the sale

For security reasons, access to the lots will be prohibited during the sale.

 

3.3 Conduct of the sale

The order of the lots will be followed during the sale.

Bidding shall commence and continue at the level deemed appropriate by the person authorised to conduct the sale. The latter reserves the right to bid successively or in response to other bids, in the name and on behalf of the seller up to the reserve price.

 

4. After the sale

4.1 Results of the sale

The results of the sale and the purchase orders You have placed are available from Auctie's at the following number: +33 1 42 72 03 65.

 

4.2 No right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, voluntary sales organised by Auctie's are not subject to any right of withdrawal.

The sale is complete upon adjudication.

 

4.3 Payment

The Buyer shall pay the lot and the fees and taxes in cash immediately after the sale. Payment can be made : 

RIB sent on request by email contact@aucties.com

Siret: 440 812 881 000 33

APE 6910Z

Intracommunity VAT number: FR 19440812881 

 

4.4 Buyer's commission

The Buyer shall pay to SAS AUCTIE'S SVV, in addition to the auction price, a buyer's commission of :


4.5 Default of payment

The property awarded may not be delivered to the Buyer until Auctie's has received the price or has been given security for the payment of the price by the Buyer.

In the event of non-payment, after a formal notice has remained unsuccessful, and in accordance with the provisions of the Commercial Code, the property is put back up for sale at the request of the seller on reiteration of the bids.

If this is not the case, the sale will be cancelled by operation of law.

Costs may be applied against the defaulting bidder.

 

4.6 Collection of purchases

Auctie's shall be liable to the Buyer for the delivery of the goods sold by it.

Purchases may only be collected once Auctie's has received full payment. All lots may be collected during or after the auction upon presentation of an authorisation for delivery from the accounting department of SAS Auctie's, or failing that, a slip marked "paid" or "paid".

Purchasers will be able to obtain all information concerning the delivery and shipment of their purchases at the end of the sale. Auctie's shall store the goods free of charge for a period of 15 (fifteen) days after the sale. From the 16th day onwards, a storage fee of €3 (excl. VAT) per day shall be charged, without prior notice, and the Buyer shall make every effort to retrieve his goods at the end of each sale.

 

4.7 Transfer of risk

From the moment of the auction, the goods are placed under the full responsibility of the Buyer: the blow of the hammer transfers the ownership of the goods and the risks to the Buyer.

The Buyer shall not hold Auctie's responsible for any loss, damage or theft of the lot after the auction.

 

4.8 VAT

All lots will be sold under the margin scheme. Any VAT charged will be refunded to non-EU resident Purchasers on condition that they apply in writing to the accounting department within 3 months of the sale, and on presentation of copy 3 of the customs export document (DAU) on which SAS AUCTIE'S SVV must appear as the sender and the Purchaser as the recipient.

The export must take place within the legal deadlines.

 

4.9 Right of pre-emption

The State may exercise a right of pre-emption on the goods offered for sale at any public sale of a work of art, by declaration of the Minister of Culture as soon as the auction of the object put up for sale has been pronounced. The State has a period of fifteen days from the public sale to confirm the exercise of its right of pre-emption. In the event of confirmation, the State subrogates itself to the Purchaser.


5. Miscellaneous

 5.1 Anti-money laundering

As a sales intermediary in the art trade, Auctie's is subject to anti-money laundering and anti-terrorist financing obligations pursuant to Article L-561-2 of the French Monetary and Financial Code.

 

5.2 Intellectual Property

The rights of reproduction of Auctie's catalogues are the exclusive property of Auctie's. Any reproduction or use of the catalogues without the express prior permission of Auctie's is prohibited, under penalty of prosecution.

 

5.3 Applicable law and jurisdiction

The present general conditions are subject to French law.

Any dispute relating to their existence, validitý, enforceabilitý and execution shall be subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided by mandatory provisions. 


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