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“procédure de folle enchère”. If the seller
does not make this request within three months
from the date of the sale, the sale will be
automatically cancelled, without prejudice to
any damages owed by the defaulting buyer.
In addition, Artcurial SAS reserves the right
to claim against the defaulting buyer, at
their option:
- interest at the legal rate increased by five
points,
- the reimbursement of additional costs gene-
rated by the buyer’s default,
- the payment of the difference between the
initial hammer price and the price of sale
after “procédure de folle enchère” if it is
inferior as well as the costs generated by the
new auction.
Artcurial SAS also reserves the right to
set off any amount Artcurial SAS may owe the
defaulting buyer with the amounts to be paid
by the defaulting buyer.
Artcurial SAS reserves the right to exclude
from any future auction, any bidder who has
been a defaulting buyer or who has not fulfil-
led these general conditions of purchase.
e)
For items purchased which are not
collected within seven days from after the
sale (Saturdays, Sundays and public holidays
included), Artcurial SAS will be authorized
to move them into a storage place at the de-
faulting buyer’s expense, and to release them
to same after payment of corresponding costs,
in addition to the price, costs and taxes.
f)
The buyer can obtain upon request
a certificate of sale which will be invoiced
€ 60.
4.THE INCIDENTS
OF THE SALE
In case of dispute, Artcurial SAS reserves
the right to designate the successful bidder,
to continue the sale or to cancel it or to put
the lot up for sale.
a)
In case two bidders have bidden vocally,
by mean of gesture or by telephone for the
same amount and both claim title to the lot,
after the bidding the lot, will immediately
be offered again for sale at the previous last
bid, and all those attending will be entitled
to bid again.
b)
So as to facilitate the presentation
of the items during the sales, Artcurial SAS
will be able to use video technology.
Should any error occur in operation of such,
which may lead to show an item during the
bidding which is not the one on which the bids
have been made, Artcurial SAS shall bear no
liability/responsability whatsoever, and will
have sole discretion to decide whether or not
the bidding will take place again.
5 . PRE-EMPTION
OF THE FRENCH STATE
The French state in 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.
Artcurial SAS will not bear any liability/
responsibility for the conditions of
the pre-emption by the French State.
6 . INTELLECTUAL PROPERTY
RIGHT - COPYRIGHT
The copyright in any and all parts of the
catalogue is the property of Artcurial SAS.
Any reproduction thereof is forbidden
and will be considered as counterfeiting to
their detriment.
Furthermore, Artcurial SAS benefits from
a legal exception allowing them to reproduce
the lots for auction sale in their catalogue,
even though the copyright protection on
an item has not lapsed.
Any reproduction of Artcurial SAS catalogue
may therefore constitute an illegal repro-
duction of a work which may lead its perpe-
trator to be prosecuted for counterfeiting
by the holder of copyright on the work.The
sale of a work of art does not transfer to
its buyer any reproduction or representation
rights thereof.
7 . ITEMS FALLING WITHIN
THE SCOPE OF SPECIFIC RULES
The International regulation dated March
3rd 1973, protects endangered species and
specimen. Each country has its own lawmaking
about it. Any potential buyer must check
before bidding, if he is entitled to import
this lot within his country of residence.
Any lot which includes one element in ivory,
rosewood…cannot be imported in the United
States as its legislation bans its trade
whatever its dating may be. It is indicated
by a (
▲
).
8. REMOVAL OF PURCHASES
The buyer has to insure its purchase, and
Artcurial SAS assumes no liability for any
damage items which may occur after the sale.
All transportation arrangements are the sole
responsibility of the buyer.
9. SEVERABILITY
The clauses of these general conditions
of purchase are independant from each other.
Should a clause whatsoever be found null
and void, the others shall remain valid
and applicable.
10. LAW AND JURISDICTION
In accordance with the law, it is added
that all actions in public liability ins-
tituted 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 rela-
ting to their existence, their validity and
their binding effect on any bidder or buyer
shall be submitted to the exclusive jurisdic-
tion of the Courts of France.
PROTECTION OF CULTURAL
PROPERTY
Artcurial SAS applies a policy to prevent
the sale of looted or stolen cultural
property.
Bank:
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Henry de Monfreid : aventures et manuscrits
RTCURIAL
14 juin 2016 14h. Paris