The sale is governed by Article L312-4 of the Commercial Code. The
auction house SVV Thierry de Maigret acts as the agent
of the seller, and its relationship with bidders is set out in these
terms and conditions of sale.
Items offered for sale: The information contained in the catalogue
is the responsibility of the auction house and the experts who
assist it, subject to any corrections announced at the time of
the presentation of the item and recorded in the auction minutes.
Re-lining, re-panelling or re-lining are considered to be
conservation measures and not defects; dimensions, weights
and estimates are indicative. A pre-sale exhibition allows
buyers to assess the condition of the items offered for sale. No
claims will be accepted once the lot has been awarded.
The SVV is at your disposal for any enquiries, and invites
all interested parties to find out more about the lots.
An asterisk * before the lot number indicates that this number
belongs to a person working for the auction house.
Auctions: The successful bidder will be the highest and final
bidder, and will be required to provide their name and address,
along with proof of identity and bank details.
All bidders are deemed to be bidding on their own behalf and are
solely responsible for their bids. If a bidder is bidding on
behalf of a third party, they must disclose that person’s identity
in advance, so that the invoice can be issued correctly. No
changes may be made after the sale. In the event of a double
bid recognised as valid by the auctioneer, the lot will be
immediately put up for auction again, and any interested party will be
invited to participate in the auction once more. The auctioneer and
the experts reserve the right, in the interests of the sale, to combine,
divide or withdraw any lot from the sale.
Purchase order: The auction house may execute any
purchase order free of charge. Requests must be made in writing, 24 hours
before the auction, using the duly completed form and accompanied
by a cheque or bank details. SVV Thierry de
MAIGRET will act on behalf of the bidder, in accordance with the
instructions specified on this form, with the aim of purchasing
the lot in question at the lowest possible price, without exceeding the
maximum amount indicated. In the event of competing bids in the auction room for the same
amount, the bidder present in the room will have priority.
Telephone bids are accepted for lots with
a low estimate of over €300. We recommend that you specify
a back-up purchase order which we can execute on your behalf
in the event that we are unable to contact you. The Auction House
shall not be held liable for failing to execute a purchase order
due to error, omission, a telephone fault or
any other cause.
Payment of the purchase price: The sale is conducted in euros and is expressly
for cash only. The successful bidder must pay, in addition to the
hammer price, taxes and voluntary sale fees of 30% inclusive of VAT (25% exclusive of VAT
+ 20% VAT) for the remainder of the sale. For books: 26.375% including VAT (25% excluding VAT + 5.5% VAT)
No lot will be handed over to the buyers until
all sums due have been paid in full.
INTERENCHERES LIVE buyer’s fees: 1.5% excluding VAT in addition to the hammer price,
i.e. 1.8% including VAT
Methods of payment:
- by cheque, which must be accompanied by proof of identity;
only the cashing of an uncertified cheque constitutes payment and transfer
of ownership. Cheques drawn on a foreign bank will only be
authorised with the prior consent of the Auction House. For
this reason, buyers are advised to obtain, prior to the sale, a letter
of credit from their bank for an amount approximating their intended
purchase, which they must forward to the Auction House.
- in cash, subject to a limit of €1,000 (including taxes and fees) for
French resident private individuals and professionals, and €15,000
for foreign private individuals, provided they produce proof of their identity, the
source of the funds and their declaration of the sums to
the customs authorities, Decree No. 2010-662 of 16 June 2010.
- by bank transfer, quoting the payment reference number
- by Visa and MasterCard
VAT: VAT included in the margin may be refunded to
buyers who are non-residents of the European Union upon submission to the
SVV of the export customs document, copy No. 3, endorsed by
customs, within two months of the sale. No
invoice excluding VAT will be issued without official proof of export; the
intra-Community VAT number alone is not sufficient.
Non-payment: Payment by a cheque without sufficient funds or
failure to pay does not render the Auction House liable
and consequently releases it from its obligation to pay the seller.
Upon expiry of a one-month period following formal notice being served on the purchaser
by registered letter with acknowledgement of receipt at the purchaser’s expense, and in the absence of
payment of the sum due, an additional fee of
10 per cent of the hammer price, subject to a minimum of €300, shall be charged to the purchaser to
cover recovery costs.
The application of this provision does not preclude the award of damages
and the costs of any necessary proceedings, nor does it prejudge
the possible initiation of proceedings for a void auction.
Failed bid: in the event of non-payment by the successful bidder, the property shall be put
up for sale again at the seller’s request on the grounds of a failed bid by the
defaulting successful bidder: if the seller does not make this request within
one month from the date of the auction, the sale shall be automatically rescinded,
without prejudice to any claim for damages. Interest shall be payable by the defaulting successful bidder.
Collection of lots: No lot shall be released until
all sums due have been paid in full. In the event of payment by an uncertified cheque, the
collection of items may be deferred until the cheque has cleared. Bulky
items sold at auction remain the sole responsibility of
the successful bidder. Small items
may be held at the auction house for 15 days after the sale; beyond this period,
a storage fee of 3 euros per day per item will be charged.
Dispatch of lots: The dispatch of lots is a service provided
by the SVV to clients; the SVV is not responsible for the transport of
lots. Lots will only be dispatched at the express, written request of
the successful bidder after the sale, accompanied by a letter of indemnity,
and at the bidder’s expense.
Export of lots: The export of lots may be subject
to the obtaining of authorisations, for which the buyer is responsible.
The granting, refusal or delays in obtaining authorisations shall not
affect the payment deadline or constitute grounds for cancelling the sale.
Right of pre-emption: The French State has a right of
pre-emption over the works sold, by making a declaration to the auctioneer
as soon as the hammer falls. The State has a period
of 15 days to confirm the exercise of this right. In this case, it
takes the place of the highest bidder.
Right of access: The right of access is the right recognised for any person
to ask the data controller whether they hold any
information about them, and, if so, to obtain a copy of that information. See
Article 32 of the Act and sample information notices in the guide.
See original version (French)
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