The sale will be for cash only. In addition to the hammer price, successful bidders will pay:
Voluntary fees of 27% including VAT.
Court fees of 14.28% including VAT
The final bidder will be deemed the successful bidder and liable for payment. They are required to provide their name and address as soon as the sale is declared.
Any person bidding undertakes to pay personally and immediately the hammer price plus the fees payable by the purchaser and any taxes or duties that may be due.
If the bidder is acting on behalf of another person, they must present proof of identity, a power of attorney and documents identifying the person they are representing. In the event of default by the person they are representing, they shall remain liable for the full purchase price.
Lots will only be released to successful bidders once payment has been received and upon presentation of two forms of identification
Payment may be made:
- by card via our secure website at https://https://aponem.com/paiement-en-ligne
- by bank card (on-site only)
- by bank transfer (see bank details below)
- in cash, subject to the legal limits in force: a maximum of €1,000 where the purchaser is tax-resident in France or is acting for the purposes of a professional activity (French, EU or non-EU resident) and a maximum of €15,000 for a private individual whose tax residence is abroad.
If the buyer purchases several lots in the same sale, the limit applies to all these lots combined, including fees.
It is specified that the weights and sizes of gemstones in the jewellery are given for information purposes only.
Items and jewellery made of gold and silver for which no fineness is specified are deemed to be of first-grade gold and silver and in good condition.
Gold, platinum and silver materials will be sold without any guarantee as to fineness, purity or breakage, and those not bearing the hallmarks of the Assay Office must be submitted for inspection by the said Authority or broken up immediately, at the buyers’ discretion.
In all cases, these materials may only be removed once the formalities required by laws and regulations have been completed and the costs and duties have been paid by the successful bidders, all of which is at their own risk.
The same shall apply to wines, spirits, alcoholic beverages and all other items or products subject to administrative and tax regulations and levies.
The same shall apply to firearms, following examination and inspection in accordance with the legislation and regulations in force and registration in the firearms register.
GUARANTEES
The descriptions of the lots offered for sale have been drawn up on the basis of scientific and artistic knowledge available at the time of the sale. The auctioneer reserves the right to amend the catalogue descriptions. Such amendments will be announced at the time the lot is presented and recorded in the minutes of the sale.
As a pre-sale exhibition is held to enable buyers to assess the condition and characteristics of the lots offered for sale, no claims will be accepted once the lot has been sold.
Potential buyers are strongly advised to examine any lots in which they may be interested prior to the auction, during our viewings, as photographs on the internet and a brief description cannot replace a visual and tactile examination.
Any information provided regarding restoration, damage or incidents affecting the lot is given to facilitate inspection by the potential buyer and remains subject to their personal judgement.
With regard to the sale of second-hand items, the absence of any mention of restoration, damage or defects in the catalogue, reports, labels or verbally does not in any way imply that an item is free from any present, past or repaired defects.
Estimates are provided for guidance only and cannot be taken to imply any certainty that the item will be sold at the estimated price or even within the estimated price range. Estimates do not constitute any form of guarantee.
The reproductions of the works in the catalogue are as accurate as possible; however, variations in colour may occur.
Dimensions are given for guidance only.
Claims for civil liability arising from valuations and voluntary or judicial sales of movable property at public auction are subject to a limitation period of five years from the date of the auction or valuation. (Article L 321-17 of the Commercial Code)
AUCTIONS
The catalogue order will be followed. The auctioneer may divide or combine lots if deemed necessary.
APONEM conducts and organises the auctions in the most appropriate manner, in accordance with established practice.
Only the auctioneer sets the ‘bidding increments’ and reserves the right, at his or her discretion, to refuse any bid deemed inappropriate
Subject to the decision of the auctioneer, the successful bidder shall be the person who has made the highest bid, provided that it is equal to or higher than the reserve price.
The fall of the auctioneer’s hammer will mark the end of the bidding, and the pronouncement of the word ‘Sold’ or any equivalent term will result in the formation of a contract of sale between the seller and the successful bidder.
In the event that two persons have made identical bids, whether verbally, by gesture or by telephone, and both claim the right to the lot after the fall of the hammer, the lot will be immediately put back up for sale at the price offered by the last bidders, and all members of the public present may submit new bids.
The successful bidder may only take delivery of the lot once the full price, costs and taxes have been paid.
PURCHASE ORDERS
If you wish to submit a written bid, you may use the form available on request from the auction house. This must be received by us no later than two days before the sale, accompanied by your bank details and proof of identity. If a bid made in the auction room is for the same amount as your written bid, priority will be given to the bid in the auction room. In the event that several written bids are for the same amount on the same lot, only the first such bid received by the OVV* will be taken into account.
TELEPHONE BIDDING
If you wish to bid by telephone, please submit a written request using the form available on request from the auction house, accompanied by your bank details and proof of identity, no later than two days before the sale. The OVV* cannot be held liable if you cannot be reached by telephone at the time of the sale, for whatever reason.
No telephone bids will be accepted for lots with a low estimate of less than €200. Requesting a telephone line implies that the bidder agrees to purchase the lot at the low estimate.
COLLECTION OF PURCHASES
The lot will only be released to the successful bidder upon full and irrevocable payment of the price, fees and taxes, following an appointment made with the auction house.
Upon the award of the lot, the item shall be the sole responsibility of the successful bidder. The purchaser shall be responsible for insuring their purchases, and OVV* accepts no liability for any damage the item may sustain, with effect from the moment the lot is awarded.
The export licence procedure may take between five and ten weeks, although this timeframe may be significantly reduced depending on how promptly the purchaser provides their instructions to the auction house.
In the event of non-payment by the successful bidder, following a formal notice which has remained unheeded, the item shall be put up for sale again at the seller’s request on the basis of a void auction following the defaulting successful bidder’s failure to pay; if the seller does not make such a request within one month of the auction, the sale shall be automatically rescinded, without prejudice to any damages owed by the defaulting successful bidder.
Furthermore, APONEM and SELARL DUMEYNIOU FAVREAU reserve the right to claim from the defaulting successful bidder:
- reimbursement of the additional costs incurred as a result of their default,
- payment of the difference between the initial hammer price and the hammer price at the re-auction, if lower, as well as the costs incurred by the re-auction.
APONEM reserves the right to exclude from its future sales any successful bidder who has failed to fulfil their obligations or who has failed to comply with these general terms and conditions of purchase.
See original version (French)
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