General terms and conditions of sale L'HÔTEL DES VENTES DE SAINT - OMER is an operator of voluntary sales of furniture by public auction governed by articles L.321-4 et seq. of the French Commercial Code. L'HÔTEL DES VENTES DE SAINT - OMER has been granted approval n°2002-290 by the Conseil des Maisons de Vente. In this capacity, the HÔTEL DES VENTES DE SAINT - OMER acts as a simple agent for the seller who contracts with the successful bidder through its intermediary. ● ENFORCEABILITY AND ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SALE These general terms and conditions of sale are applicable, without restriction or reservation, to relations between the HÔTEL DES VENTES DE SAINT - OMER and the bidder. It should be noted that the general conditions of sale are : - May be freely consulted and downloaded, prior to the sale, on the HÔTEL DES VENTES DE SAINT - OMER website; - Included in the sales catalogues drawn up by the company HÔTEL DES VENTES DE SAINT - OMER. By bidding, whatever the means used, the bidder acknowledges having read these general terms and conditions of sale and declares that he accepts them without any reservation or restriction. ● BEFORE THE SALE You are expressly reminded that the objects / lots offered for sale are subject to an exhibition to the public prior to the sale. Potential bidders are therefore invited to examine the lots that may be of interest to them before the auction, in particular at the prior public exhibitions. The HÔTEL DES VENTS DE SAINT - OMER is at the disposal of potential bidders to give them any additional information on the condition of the lots by issuing a condition report. Potential bidders should send their request for a condition report by e-mail to [email protected] or by telephone to 03.21.93.23.11, at least 24 hours before the sale. L'HÔTEL DES VENTES DE SAINT - OMER will not be able to respond to requests for information about lots during the sale. In view of the number of requests, it is possible that HÔTEL DES VENTES DE SAINT - OMER will not be able to respond due to lack of time. It is reminded that the presentation of the photos and descriptions of the lots on the Interencheres, Auction or Drouot Live website are valid as a preliminary exhibition, no claim will be accepted after the sale. Dimensions, weights and estimates are given for information purposes only. The photographs of the lots offered for sale appearing in the sale catalogue and on the HÔTEL DES VENTES DE SAINT - OMER website, as well as on the technical online auction platforms, are given for information purposes only, implying that the colours of the works shown in the catalogue and on the aforementioned websites may differ from the actual colours due to technical adaptation, the quality of the photograph, the printing process, or the reproduction medium. Lots are sold in the condition in which they are found at the time of the auction. It is therefore the responsibility of the potential bidder to examine each lot before bidding. The absence of any mention of condition in the catalogue in no way implies that the lot is in perfect condition or free from damage, incidents, restoration, wear, cracks or other imperfections. It is expressly pointed out that the information appearing in the sale catalogue, or on the HÔTEL DES VENTES DE SAINT - OMER website, or on the technical online auction platforms, may be subject to modifications or rectifications up to the time of the sale. These modifications will be recorded in the sales report. ● ORGANISATION OF THE SALE AND AUCTIONS In its capacity as an operator of voluntary sales of items of furniture by public auction, HÔTEL DES VENTES DE SAINT - OMER controls the sale, for which it sets the general conditions and which it organises and carries out in complete independence from the service providers, customers (sellers and buyers) and the general public. Consequently, the company HÔTEL DES VENTES DE SAINT - OMER has the possibility of organising a voluntary sale by public auction, in the auction room, as well as on the websites interencheres, Auction.fr and Drouot Live. These websites are technical platforms enabling remote electronic participation in public auction sales held in the SAINT - OMER HÔTEL DES VENTES auction room. By using these websites to take part in the auction, the bidder must be aware of and accept the terms and conditions of use of these technical platforms, which are independent of these general terms and conditions of auction sale, and are additional to them. All bidders must place their bids by Live via Interencheres or Drouot Live, or by purchase order or by telephone request subject to justification of the documents requested: full postal address, ID card, bank details or directly on site. Purchase orders : For purchase orders and telephone auctions, please send an email to [email protected] with your request + full postal address + ID card + a bank ID statement. The operator of voluntary sales of furniture by public auction is free not to consider a purchase order that is incomplete or does not offer sufficient guarantees. Purchase orders must be placed no later than 6 p.m. on the day before the sale. The electronic auction constitutes the sale in the same way as a live auction. The sale is complete from the moment of the award and the transfer of ownership takes place from that moment. ● EXECUTION OF THE SALE The sale is made expressly in cash and the purchasers will pay the following costs in addition to the hammer price: - 20% for a voluntary sale - 3% plus VAT for participation in Live INTERENCHERES - 1.50% extra for participation in Live DROUOT The sale is made by meter, in euros and in French. Payment for the items and the related taxes are made in euros. Payment must be made immediately by the successful bidder after the sale. Payment may not be deferred under any circumstances, even if the successful bidder wishes to export the lot or intends to obtain an export licence. The successful bidder may pay the price and costs in the following manner: - By credit card - By secure online payment - By bank transfer (euros) - In cash: up to €1,000 including taxes and charges for French nationals and professionals. Up to €15,000 including tax and charges for foreign nationals who are not business people and who can prove that they are resident outside France for tax purposes, on presentation of an identity document. (TO BE REFINED AND COMPLETED) Payment must be made solely in the name of the successful bidder. The company HÔTEL DES VENTES DE SAINT - OMER wishes to point out that no payment may be made on behalf of a third party and that no change may be made to the identity of the successful bidder after the public auction sale. Unless otherwise stated, lots are sold under the margin tax regime provided for in article 297A of the French General Tax Code. VAT is charged at the statutory rate of 20% (5.5% for books). Purchasers from outside the EU or EU professionals who can prove that they have an intra-Community VAT number and have left the country may be reimbursed for the VAT on buyers' fees. Resale rights may be charged to the successful bidder in accordance with the legal scale set out in article R.122-6 of the French Intellectual Property Code: "The resale right rate is equal to 4% of the sale price as defined in article R. 122-5 when the sale price is less than or equal to 50,000 euros. Where the sale price exceeds 50,000 euros, the resale right is set as follows: - 4% for the first 50,000 euros of the sale price as defined in article R. 122-5 ; - 3% for the portion of the sale price between 50,000.01 and 200,000 euros; - 1% for the portion of the sale price between 200,000.01 and 350,000 euros; - 0.5% for the portion of the sale price between €350,000.01 and €500,000; - 0.25% for the portion of the sale price in excess of €500,000. The total amount of duty payable on the sale of a work may not exceed 12,500 euros. In such a case, the presentation of the lot subject to droit de suite will specify whether droit de suite will be payable by the buyer. ● Non-payment Paragraph 3 of Article L.321-14 of the French Commercial Code expressly states that "in the event of non-payment by the successful bidder, after formal notice has remained without effect, the property shall be reoffered for sale at the seller's request upon reopening of the bidding; if the seller does not make this request within three months of the auction, the sale shall be cancelled ipso jure, without prejudice to damages and interest owed by the unsuccessful bidder. The latter may not take advantage of the cancellation of the sale to avoid its obligations". As a result, if the seller does not submit a request to reopen the bidding within the stipulated period, the HÔTEL DES VENTES DE SAINT - OMER is empowered to : - Notify the defaulting bidder of the automatic cancellation of the sale; - Re-auction the property or lot that has not been paid for. ● Withdrawal of lots - Removal and storage costs As soon as the word "adjudged" is pronounced, ownership of the lot is transferred to the successful bidder. The successful bidder becomes the legal owner of and responsible for his lots as soon as the hammer is down. The successful bidder thus assumes the risks of his lots. HÔTEL DES VENTES DE SAINT - OMER declines all responsibility for any damage that may be caused to its lots as soon as the hammer is down. No lot will be handed over to the successful bidder until full payment has been received. The SARL HÔTEL DES VENTES DE SAINT - OMER requires the use of its auction room in order to carry out other auctions. Lots left on the premises interfere with the smooth running of the auction house and cause additional handling for the team. Consequently, the successful bidder has a period of two weeks from receipt of the sales slip in which to remove the lot. After this deadline, a storage fee of 8 euros (excl. VAT) per lot per day will be charged. No waiver or dispute will be valid in respect of storage charges. The company HÔTEL DES VENTES DE SAINT - OMER reserves the right to apply the provisions of the law of 31 December 1903 relating to the sale of certain abandoned items for any lot that is not removed within a period of : - One year for movable items ; - Three months for motorised land vehicles, two- or three-wheel motorbikes or motorised quadricycles. ● Transport and dispatch of prizes All formalities and transport are the sole responsibility of the successful bidder, regardless of his status (professional or consumer); the successful bidder must contact any transport company of his choice. For information only, the successful bidder may contact : - L'hôtel des ventes de St-Omer, colissimo shipment for small and medium lots (on request): 03.21.93.23.11 or by email at: [email protected] - The Packengers : +331 76 44 00 90 - ART Transports Bernard on 05.63.02.66.55 or 06.88.20.91.49 or 06.75.20.56.63 or by email at [email protected] - Transport Gaumont on 06.08.49.18.68 or by e-mail at [email protected] - Davy Saunier on 06.28.72.55.24 or by e-mail at [email protected] As the HÔTEL DES VENTES DE SAINT - OMER has no links with transport companies, the voluntary sales operator cannot be held responsible for the acts or omissions of the transporter chosen by the successful bidder. ● TEMIS FILE Any auction slip that remains unpaid to LA SARL HOTEL DES VENTES DE SAINT OMER or that has been subject to late payment for a minimum of 10 days and a maximum of 2 months and 10 days may be registered in the TEMIS file. Purpose and legal basis of the TEMIS File The TEMIS Register records incidents of payment of adjudication slips (late payments and payment payment defaults), regardless of the bidder's mode of participation (face-to-face or remote) and may be consulted remote) and can be consulted by all auction houses operating in France and subscribing to the France and subscribing to the service. Bidders are hereby informed that if they fail to pay their bid within the period mentioned on the auction notice, a registration procedure in the said file may be initiated SARL HOTEL DES VENTES DE SAINT OMER. The implementation of the TEMIS File and its use by LA SARL HOTEL DES VENTES DE SAINT OMER is necessary for the purposes of the legitimate interest of TEMIS Service subscribers in preventing non-payment and thus securing auction sales. Consequences of registration in the TEMIS File In the event that a bidder is registered in the TEMIS file, SARL HOTEL DES VENTES DE SAINT OMER may make access to the auctions it organises conditional upon the use of specific means of payment or guarantees or temporarily refuse the participation of bidders in auctions for which such guarantees cannot be implemented. Inclusion in the TEMIS file may result in limiting the bidder's ability to bid on auctions held by professionals subscribing to the TEMIS service. It will also result in the temporary suspension of access to the "live" service on the www.interencheres.com platform managed by CPM, as well as on the www.drouot.com platform, in accordance with the general terms and conditions of use of these platforms. Organisations authorised to consult the TEMIS File (recipients) The TEMIS File may be consulted by any subscribing sales structure (professionals and companies authorised to manage sales of movable property by public auction in accordance with the applicable regulations and in particular the provisions of Title II "Auction Sales" of Book III of the French Commercial Code (hereinafter the "Subscribing Professionals"), wishing to protect themselves against unpaid bills and thus secure participation in the auction sales they organise. The list of TEMIS subscribers can be consulted on the website www.interencheres.com, "Buy at auction" menu, "Auctioneers" section. Registration period Bidders are hereby informed that the duration of their registration on the TEMIS Register is determined by the number of auction slips that have remained unpaid with Professional Members of the TEMIS Register, by their cumulative amounts and by whether or not they have been regularised. The period of registration in the TEMIS Register is reduced if the Bidder regularises all the Payment Incidents. It is increased if the Bidder is concerned by several unpaid bills registered in the TEMIS File. The registration of an auction slip as an Incident of Payment is automatically deleted after a maximum period of 24 months when the Bidder is the subject of only one registration, and 36 months when the Bidder is the subject of several registrations. Responsibilities For the application of legislation on the protection of personal data, CPM and SARL HOTEL DES VENTES DE SAINT OMER are both data processors. CPM is responsible for the implementation of the TEMIS File, which includes in particular the collection of data from subscribers, the pooling and dissemination of the personal data collected therein, as well as the security of the information system hosting the TEMIS File. SARL HOTEL DES VENTES DE SAINT OMER, as a subscriber, is responsible for its use of the TEMIS File, which includes in particular the communication of personal data relating to successful bidders to CPM with a view to registration in the TEMIS File, verification of the accuracy and updating of the data, consultation and re-use of the information in the TEMIS File. Individual rights Bidders wishing to know whether they are registered in the Register or to contest their registration may send their requests in writing, providing proof of their identity by producing a copy of an identity document: - For entries made by LA SARL HOTEL DES VENTES DE SAINT OMER: in writing to LA SARL HOTEL DES VENTES DE SAINT OMER, 165 RUE DE DUNKERQUE 62500 SAINT OMER. - For registrations made by other Professional Subscribers: in writing to Commissaires-Priseurs Multimédia 37 rue de Châteaudun, 75009 Paris, or by e-mail [email protected]. Any request for the exercise of the rights of deletion, limitation, opposition available to the Bidder in application of the legislation on the protection of personal data, as well as any other dispute concerning a registration must be addressed to the Professional who created the registration, who will request an update from CPM. In the event of difficulties, the bidder has the right to refer the matter to CPM, providing any details and supporting documents so that CPM can investigate the claim. The bidder also has the right to lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL) [3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07, www.cnil.fr] concerning its registration in the TEMIS File. To find out more about the TEMIS File, the Bidder is invited to consult CPM's Privacy Policy available at www.temis.auction. Bidder's contact details Important notifications relating to the outcome of the auction will be sent to the e-mail address and/or postal address declared by the Bidder to the structure at the time of the auction. The Bidder must inform LA SARL HOTEL DES VENTES DE SAINT OMER of any change in his/her contact details. ● POSSIBLE RIGHT OF WITHDRAWAL FOR THE CONSUMER BIDDER IN THE CONTEXT OF A FULLY DEMATERIALISED SALE The successful consumer bidder is hereby informed that he/she has a right of withdrawal for a period of 14 days when: - The seller is a professional (understood as any natural person or legal entity, public or private, acting for purposes within the scope of its professional activity); - The sale is said to be "online", i.e. entirely dematerialised; the sale being organised without any possibility of physically attending and participating in the auction sale on the premises of the company HÔTEL DES VENTES DE SAINT - OMER. This 14-day period begins on the day following the delivery or issue of the lots. ● LEGISLATION APPLICABLE TO CULTURAL PROPERTY AND THE FRENCH STATE'S RIGHT OF PRE-EMPTION In any public sale of works of art or any private sale of works of art carried out under the conditions set out in article L. 321-9 of the French Commercial Code, the State may exercise a right of pre-emption by which it is subrogated to the successful bidder or buyer. The declaration, made by the administrative authority, that it intends to make use of its right of pre-emption, is made, at the end of the sale, in the hands of the public or ministerial officer in charge of the auctions or the operator authorised to organise the public sale or the sale by mutual agreement. The administrative authority's decision must be taken within fifteen days of the public sale or after notification of the private treaty transaction. HÔTEL DES VENTES DE SAINT - OMER cannot be held responsible for the conditions of pre-emption by the French State. The export of certain cultural goods is subject to obtaining a certificate of free circulation for a cultural good. The HÔTEL DES VENTES DE SAINT - OMER and/or the seller may not be held responsible in the event of the said certificate being refused by the authorities. ● PERSONAL DATA (RGPD) The bidder is hereby informed that the HÔTEL DES VENTES DE SAINT - OMER, in its capacity as data controller, collects and processes the personal data of potential bidders, within the framework of these conditions of auction sale, which are essential for the performance and execution of the auction. The bidder has the right to access, delete, rectify, limit and oppose the processing and the right to portability of his personal data, in accordance with the INFORMATIQUE ET LIBERTE law of 6 January 1978, by sending a written request accompanied by proof of identity to the postal address of the HÔTEL DES VENTES DE SAINT - OMER. ● APPLICABLE LAW AND JURISDICTION The various provisions of these general terms and conditions of sale are independent of each other. As a result, the nullity or inapplicability of one of its provisions shall not entail the nullity or inapplicability of the others. Pursuant to the provisions of paragraph 3 of article L.321-17 of the French Commercial Code, 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. Only French law is applicable and governs these general terms and conditions of sale. Any dispute relating to the application, interpretation, resolution or performance of the general terms and conditions of sale shall be subject to the jurisdiction of the civil courts of Saint - Omer. For any dispute with an operator of voluntary sales of furniture by public auction, a complaint may be addressed to the Government Commissioner at the Conseil des Maisons de Vente, in order to seek an amicable solution.