93 Livres & Manuscrits • 26 février 2025 IV- PRE-EMPTION RIGHT The French State may exercise a pre-emptive right on any public or private sale or auction of cultural property. The State has a period of 15 days from the public sale to confirm the exercise of its pre-emptive right to buy and to subrogate itself to the buyer. V- EXPORT The export formalities (requests for certificate for a cultural good, export license) for a given lot are the responsibility of the purchaser and may require a fourmonth delay. AGUTTES is at the disposal of its buyers to guide them through these procedures and to assist them in the submission of requests to the French Museums Service (“Service des Musées de France”). AGUTTES cannot be held responsible for delays. Under no circumstances can AGUTTES be held liable for the refusal or delay of the administrative decision. The refusal to issue a certificate or a license may not under any circumstances justify a default or delay in payment by the buyer or a cancellation of the sale. VI- APPLICABLE LAW AND COMPETENT COURT The present GTCS and the rights and obligations arising from them will be governed by French law. Any legal action relating to the sales activities of AGUTTES will be settled by the competent Judicial Court in France, in accordance with article L.321-37 of the French Commercial Code. In particular, all legal actions involving successful bidders and/or bidders with the status of commercial traders according to French law will be decided by the Nanterre Judicial Court. Bidders, successful bidders and their representatives acknowledge that Neuillysur-Seine is the exclusive place of performance of AGUTTES’ services. Civil liability claims arising from auctions and voluntary and judicial sales of furniture by public auction are subject to a limitation period of five years from the date of the auction. Any difficulty may be referred free of charge to the Government Commissioner at the “Conseil des maisons de vente” with a view to reaching an amicable solution. Complaints may be made by post to 19 avenue de l’Opéra, 75001 Paris, or online at the following link: https://conseilmaisonsdevente.fr/en/claim. It is also possible to submit a request for an out-of-court settlement on a European platform for the settlement of online disputes between consumers and professionals, accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=- main.home2.show&lng=EN. VII- PERSONAL DATA Bidders are informed that AGUTTES may collect and process data concerning them in accordance with the General Data Protection Regulation no. 2016/679 of 27 April 2016 (GDPR) and the French Data Protection Act no. 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018 on the protection of personal data. Data is collected for the purposes of managing their contractual or pre-contractual relations (registration for auction, invoicing, accounting, payments, communication, etc.). This data consists of information such as: surnames, first names, postal address, email address, telephone number, bank details. Bidders are informed that they have a right of access, rectification, erasure, portability, opposition, and limitation with regard to such data with AGUTTES. Requests must be made in writing to: communication@aguttes.com. Any complaint about the data protection legislation may be brought before the CNIL: www.cnil.fr. VIII- INTELLECTUAL PROPERTY AGUTTES owns all reproduction rights to its auction catalogue. Any reproduction thereof is prohibited and constitutes a counterfeiting. The sale of a lot does not in any way imply the assignment of any applicable intellectual property rights applicable (representation and/or reproduction) to the work. IX- SPECIAL TERMS AND CONDITIONS 1- Storage costs The storage of goods subject to an auction or a private sale that are not collected by the buyer within 15 days of the auction (including the day of the sale), will be charged as follows: • Jewellery and / or watches worth < €10.000 = €15 / day of storage • Jewellery and / or watches worth > €10.001 = €30 / day of storage • Other lots < 1m3 = €3 / day • Other lots > 1m3 = €5 / day. 2- Mechanical and electrical objects Mechanical or electrical objects offered for sale by AGUTTES are exclusively offered for decorative purposes. As they represent second-hand goods, AGUTTES does not under any circumstances certify their operational condition. We recommend that buyers inspect the lots during the public preview of an auction accompanied by an expert in the concerned sector, and to have the electrical or mechanical mechanism checked by a professional before any operation of the lot. 3- Watches and clocks The watches and clocks we sell are all second-hand goods, most of which have the most part undergone repairs resulting in the replacement of certain parts which may not be original. AGUTTES does not provide any guarantee on the authenticity and originality of the components of a timekeeping item. Clocks may be sold without pendulums, weights, or keys and unless otherwise stated, their presence is not guaranteed. Watch straps may not be original and may not be authentic. Collector’s watches require general and regular maintenance: repairs or overhauls may be necessary and are the responsibility of the buyer, as AGUTTES does not provide any guarantee on their proper functioning. AGUTTES recommends that buyers have watches and clocks checked by a competent watchmaker before each use. It is the responsibility of potential buyers to personally verify the condition of the item. 4- Furniture Unless expressly stated in the lot description, the presence of keys is not guaranteed. 5- Protected plant and animal species Objects partially or entirely composed of materials from endangered and/or protected species of flora and fauna are marked by the symbol ~ in the catalogue. Legislators impose strict rules for the commercial use of these materials, in particular regarding ivory trade. Buyers are informed that the import of any goods composed of these materials is prohibited by many countries, or requires a permit or certificate issued by the competent authorities of the countries of export and import of the goods. Purchasers are entirely responsible for the proper compliance with all regulatory and legislative standards applicable to the export or import of goods composed partially or entirely of materials originating from endangered and/or protected species. AGUTTES will not be held liable for the impossibility of exporting or importing such goods, and this cannot be used to justify a request for cancellation of the sale. If a customer feels that he or she has not received a satisfactory response, he or she is advised to contact the head of the relevant department directly, as a matter of priority. In the absence of a response within the specified timeframe, the customer may then contact customer service at serviceclients@aguttes.com, which is attached to the Quality Management Department of SVV Aguttes. PEFC/10-31-1510
RkJQdWJsaXNoZXIy NjUxNw==