SAS Maison de Vente Véronique MONNET or Selarl Véronique MONNET acts as the seller’s agent in the contract with the purchaser. The relationship between SAS Maison de Vente Véronique MONNET or Selarl Véronique MONNET and the buyer is governed by these general terms and conditions of sale, which may be amended by written or oral notices that will be recorded in the sale report.
1. Presentation of lots for sale
1.1. Items of any kind are sold as is, following a prior exhibition which has enabled buyers to assess the condition of the goods.
1.2. For sales conducted online, the description of the condition and the photographs displayed on the website shall be deemed to constitute a prior exhibition.
1.3. Any volumes, measurements, capacities, mileage, vintages, as well as designations, types and finishes that may be indicated are provided for information purposes only and are never guaranteed. The information regarding the condition of an item provided in the catalogue is as comprehensive as possible but does not exclude minor defects resulting from normal use.
1.4. The OVV or the Judicial Commissioner, acting on behalf of the sellers, shall compile the lots, group them together or divide them as it deems appropriate in the interests of the sale. It reserves the right, on behalf of the seller, to withdraw from the sale any furniture or items presented that do not reach a price to its satisfaction, even after the auction has begun.
1.5. The successful bidder for any machinery or machine tools sold at auction that do not come with a certificate of conformity hereby undertakes to fit them with safety devices to protect any person using such machinery from workplace accidents, in accordance with French labour law. They further undertake to destroy the said machinery within fifteen days should it not be fitted with the aforementioned safety devices, thereby releasing the OVV or the undersigned Judicial Commissioner from any after-sales inspection, following the sale, in respect of this obligation imposed on them by the sellers. In this case, they must provide evidence that they are a professional or that the equipment is intended for export.
2. Conduct of the sale
2.1. For auctions held on the Moniteur Live platform, the user may bid online. They must first create an account in order to register for the sale. The user’s registration application may be approved up until the start of the sale. Registration is free of charge. To finalise their registration and be able to bid, the user must deposit a security deposit of €1,500, unless specific conditions are stated. Any online bid shall be deemed an irrevocable commitment to purchase, and no dispute shall be admissible after the sale. The buyer must take all necessary measures to ensure the security of access to their account. The OVV or the Judicial Officer cannot be held liable for any connection issues with the service before or during the sale.
2.2. Successful bidders are required to provide their name and address as soon as the lot is declared sold; and shall pay in cash to the OVV or the Judicial Officer the principal amount of their bid, plus fees and other proportional charges, as set out in the schedule of charges, and all previously announced costs.
2.3. If it is established that two or more buyers have simultaneously made an equal bid for the same lot, either aloud or by a signal, and claim the lot at the same time after the word ‘Sold’ has been pronounced, the item in question shall be immediately put up for auction again at the price offered by the bidders, and all members of the public present shall be permitted to bid again.
3. Costs and Collection
3.1. In order to settle these fees and charges, successful bidders are required to pay, in addition to the principal price of their bid, 11.90% excluding VAT + 20% VAT, i.e. 14.28%including VAT for judicial sales and 15% excluding VAT plus 20% VAT for voluntary sales, totalling 18% including VAT, and any administrative costs or other fees that may apply and which will be outlined prior to the sale.
3.2. The breakdown between the hammer price and commissions may be amended by specific agreement between the seller and SAS Maison de Vente Véronique MONNET or Selarl Véronique MONNET, without any consequences for the successful bidder.
3.3. The buyer may be required to bear recovery and storage costs, which will be included in the buyer’s fees and announced verbally before the lot is put up for auction.
3.4. The auction house shall exercise its right of retention over the item until all costs have been paid in full. From the collection date set by the OVV or the Judicial Officer, the successful bidder has 15 days to collect the lot. Beyond this period, charges will apply: for small items of less than one cubic metre and light vehicles: €15 excl. VAT per day; for heavy goods vehicles: €30 excl. VAT per day. For other specific and larger items of equipment, any additional storage charges will be announced verbally prior to the sale.
3.5. In the absence of cash payment, the unpaid lot may be put up for resale immediately as a failed auction without formal notice or any legal proceedings, with all costs incurred (storage, handling charges, procedural costs, re-advertising, etc.) added to the price.
3.6. The OVV or the Judicial Commissioner shall be the sole arbiter in cases of invalid bids. The unsuccessful bidder shall be liable for the difference between their successful bid and the price realised at the resale following a void auction, without being entitled to any surplus, if any; such surplus shall revert to the seller.
3.7. Collection must take place immediately or at a time set by the auctioneer.
3.8. If the furniture or items are not collected by the buyer and the cost of storage has now reached the hammer price, the Auctioneer or the Judicial Officer is expressly authorised to put them up for sale again, the buyer hereby authorising such a sale. The Auctioneer or the Judicial Officer is expressly authorised to deduct from this sale price an amount up to the total of the seller’s fees and the storage costs.
3.9. The items are and remain at the risk of the successful bidders from the moment the auction is declared. They must collect the items at their own expense, risk and peril and under their sole responsibility; the OVV or the Judicial Commissioner and the applicant(s) shall under no circumstances and on no grounds whatsoever be held liable for damage of any kind, whether caused to the premises, to the building where the auction is held, or to items acquired by third-party purchasers, during the dismantling or removal of any item, equipment or installation sold.
3.10. Without this constituting a derogation from or novation of the application of this clause, the OVV or the Judicial Commissioner reserves the right, in the event of non-payment in cash or by a cheque not certified as good for the amount, to retain the lot awarded and, where applicable, to prevent or halt any commencement of dismantling, until payment has been made or the cheque has been cashed.
3.11. It is the successful bidder’s responsibility to inspect the items at the time of collection from the auction house (number of items comprising the lot, condition). Physical collection by the successful bidder implies acceptance of the lots and their condition. Complaints regarding a lack of conformity (for example, a condition that does not comply) must be brought to the attention of the auction house at the very moment the lot is collected by the successful bidder.
3.12. Any claim made by a successful bidder in connection with an auction may, if found to be valid, result only in the reimbursement of the purchase price, to the exclusion of any damages, interest or compensation of any kind.
4. Jurisdiction
These general terms and conditions of sale are governed by French law and any dispute shall fall within the jurisdiction of the Commercial Court of Bourg-en-Bresse (01000).
5. Disclaimer
The auctioneer reminds all bidders that it is their responsibility to check whether the equipment on offer complies with statutory safety standards, as the seller accepts no liability for any use that may be made of the vehicles or equipment in accordance with the legal provisions of labour law (Articles L 233.5 and 233.6 of the Labour Code).
See original version (French)
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