145 / 148
143
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 im-
mediately 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 unsufficient.
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 af-
ter the cheque deposit. If the buyer has not settled
his invoice yet or has not collected his purchase, a
fee of 50€+VAT per lot, per week (each week is due
in full) covering the costs of insurance and storage
will be charged to the buyer, starting on the first
Monday following the 90
th
day after the sale.
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 “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 generated
by the buyer’s default,
- the payment of the difference between the initial
hammer price and the price of sale after “procé-
dure 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 defaul-
ting buyer.
Artcurial SAS reserves 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.
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 sto-
rage place at the defaulting buyer’s expense, and
to release them to same after payment of corres-
ponding 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 bid-
ding 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/responsibi-
lity 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 cata-
logue 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 reproduction
of a work which may lead its perpetrator 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 (
s
).
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 pur-
chase 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 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.
PROTECTION OF CULTURAL
PROPERTY
Artcurial SAS applies a policy to prevent
the sale of looted or stolen cultural
property.
Bank :
V_8_FR