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ARTCURIAL
Artcurial SAS is an operator of voluntary
auction sales regulated by the law articles
L321-4 and following of the Code de Commerce.
In such capacity Artcurial SAS acts as the
agent of the seller who contracts with the
buyer. The relationships between Artcurial
SAS and the buyer are subject to the present
general conditions of purchase which can be
modified by saleroom notices or oral indica-
tions before the sale, which will be recorded
in the official sale record.
1. GOODS FOR AUCTION
a)
The prospective buyers are invited
to examine any goods in which they may be
interested, before the auction takes place,
and notably during the exhibitions.
Artcurial SAS is at disposal of the prospec-
tive buyers to provide them with reports
about the conditions of lots.
b)
Description of the lots resulting from
the catalogue, the reports, the labels and
the verbal statements or announcements are
only the expression by Artcurial SAS of their
perception of the lot, but cannot constitute
the proof of a fact.
c)
The statements by made Artcurial SAS
about any restoration, mishap or harm arisen
concerning the lot are only made to facilitate
the inspection thereof by the prospective
buyer and remain subject to his own or to his
expert’s appreciation. The absence of state-
ments Artcurial SAS by relating to a resto-
ration, mishap or harm, whether made in the
catalogue, condition reports, on labels or
orally, does not imply that the item is exempt
from any current, past or repaired defect.
Inversely, the indication of any defect what-
soever does not imply the absence of any other
defects.
d)
Estimates are provided for guidance only
and cannot be considered as implying
the certainty that the item will be sold for
the estimated price or even within the bracket
of estimates.
Estimates cannot constitute any warranty
assurance whatsoever.
The estimations can be provided in several
currencies; the conversions may, in this case
or, be rounded off differently than the legal
rounding
2. THE SALE
a)
In order to assure the proper organi-
sation of the sales, prospective buyers are
invited to make themselves known to Artcurial
SAS before the sale, so as to have their per-
sonal identity data recorded.
Artcurial SAS reserves the right to ask any
prospective buyer to justify his identity as
well as his bank references and to request a
deposit.
Artcurial SAS reserves the right to refuse
admission to the auction sales premises to any
prospective buyer for legitimate reasons.
b)
Any person who is a bidder undertakes
to pay personally and immediately the hammer
price increased by the costs to be born by the
buyer and any and all taxes or fees/expenses
which could be due. Any bidder is deemed
acting on his own behalf except when prior
notification, accepted by Artcurial SAS,
is given that he acts as an agent on behalf
of a third party.
c)
The usual way to bid consists in atten-
ding the sale on the premises. However, Artcu-
rial SAS may graciously accept to receive some
bids by telephone from a prospective buyer who
has expressed such a request before the sale.
Artcurial SAS will bear no liability /
responsability whatsoever, notably if the
telephone contact is not made, or if it is
made too late, or in case of mistakes or
omissions relating to the reception of the
telephone. For variety of purposes, Artcu-
rial SAS reserves its right to record all the
telephone communications during the auction.
Such records shall be kept until the complete
payment of the auction price, except claims.
d)
Artcurial SAS may accept to execute
orders to bid which will have been submitted
before the sale and by Artcurial SAS which
have been deemed acceptable. Artcurial SAS is
entitled to request a deposit which will be
refunded within 48hours after the sale if the
lot id not sold to this buyer.
Should Artcurial SAS receive several instruc-
tions to bid for the same amounts, it is the
instruction to bid first received which will
be given preference.
Artcurial SAS will bear no liability/res-
ponsibility in case of mistakes or omission
of performance of the written order.
e)
In the event where a reserve price has
been stipulated by the seller, Artcurial SAS
reserves the right to bid on behalf of the
seller until the reserve price is reached.
The seller will not be admitted to bid himself
directly or through an agent. The reserve
price may not be higher than the low estimate
for the lot printed in or publicly modified
before the sale.
f)
Artcurial SAS will conduct auction sales
at their discretion, ensuring freedom auction
and equality among all bidders, in accordance
with established practices.
Artcurial SAS reserves the right to refuse any
bid, to organise the bidding in such manner as
may be the most appropriate, to move some lots
in the course of the sale, to withdraw any lot
in the course of the sale, to combine or to
divide some lots in the course of the sale.
In case of challenge or dispute, Artcurial SAS
reserves the right to designate the success-
ful bidder, to continue the bidding or to can-
cel it, or to put the lot back up for bidding.
g)
Subject to the decision of the person
conducting the bidding for Artcurial SAS,
the successful bidder will be the bidder
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.
The hammer stroke will mark the acceptance
of the highest bid and the pronouncing of the
word “adjugé” or any equivalent will amount
to the conclusion of the purchase contract
between the seller and the last bidder taken
in consideration.
No lot will be delivered to the buyer until
full payment has been
made.Incase of payment
by an ordinary draft/check, payment will be
deemed made only when the check will have been
cashed.
h)
So as to facilitate the price calcu-
lation for prospective buyers, a currency
converter may be operated by Artcurial SAS as
guidance. Nevertheless, the bidding cannot
be made in foreign currency and Artcurial SAS
will not be liable for errors of conversion.
3 . THE PERFORMANCE
OF THE SALE
a)
In addition of the lot’s hammer price,
the buyer must pay the different stages of
following costs and fees/taxes:
1) Lots from the EU:
• From 1 to 150 000 euros: 25 % + current VAT.
• From 150 001 to 1 200 000 euros: 20 % +
current VAT.
• Over 1 200 001 euros: 12 % + current VAT.
2) Lots from outside the EU: (identified by
an
m
).In addition to the commissions and taxes
indicated above, an additional import fees
will be charged (5,5% of the hammer price, 20%
for jewelry and watches, motorcars, wines and
spirits and multiples).
3) VAT on commissions and import fees can
be retroceded to the purchaser on presenta-
tion of written proof of exportation outside
the EU.
An EU purchaser who will submit his intra-
community VAT number and a proof of shipment
of his purchase to his EU country home address
will be refunded of VAT on buyer’s premium.
The payment of the lot will be made cash,
for the whole of the price, costs and taxes,
even when an export licence is required.
The purchaser will be authorized to pay
by the following means:
- In cash: up to 1 000 euros, costs and taxes
included, for French citizens and people
acting on behalf of a company, up to 15 000
euros,
costs and taxes included, for foreign
citizens
on presentation of their identity papers;
- By cheque drawn on a French bank on presen-
tation of identity papers and for any company,
a KBis dated less than 3 months (cheques drawn
on a foreign bank are not accepted);
- By bank transfer;
- By credit card: VISA, MASTERCARD or AMEX (in
case of payment by AMEX, a 1,85% additional
commission corresponding to cashing costs
will be collected).
b)
Artcurial SAS will be authorized to
reproduce in the official sale record and on
the bid summary the information that the buyer
will have provided before the sale. The buyer
will be responsible for any false information
given. Should the buyer have neglected to give
his personal information before the sale, he
will have to give the necessary information as
soon as the sale of the lot has taken place.
Any person having been recorded by Artcurial
SAS has a right of access and of rectification
to the nominative data provided to Artcurial
SAS pursuant to the provisions of Law of the
6 July 1978.
c)
The lot must to be insured by the buyer
immediately after the purchase. The buyer
will have no recourse against Artcurial SAS,
in the event where, due to a theft, a loss or
a deterioration of his lot after the purchase,
the compensation he will receive from the
insurer of Artcurial SAS would prove unsuffi-
cient.
d)
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, eight
working days after the cheque deposit. In the
meantime Artcurial SAS may invoice to the
buyer the costs of storage of the lot, and if
applicable the costs of handling and trans-
port.
Should the buyer fail to pay the amount due,
and after notice to pay has been given by
Artcurial SAS to the buyer without success, at
the seller’s request, the lot is re-offered
for sale, under the French procedure known as
CONDITIONS OF PURCHASE
IN VOLUNTARY AUCTION SALES
92
Henry de Monfreid : aventures et manuscrits
RTCURIAL
14 juin 2016 14h. Paris