SVV EUVRARD & FABRE acts as an auctioneer for voluntary sales of furniture at public auctions, governed by Articles L 312-4 et seq. of the Commercial Code and the Ministerial Order of 21 February 2012 defining the ethical obligations of auctioneers.
The auctioneer acts as the seller’s agent, and its relationship with bidders is governed by these terms and conditions of sale, which may be amended by written or oral notices prior to the sale and which will be recorded in the auction minutes. Participation in the auction, whether in person, by telephone or online, implies unconditional acceptance of these terms and conditions.
Items offered for sale: The information provided in the catalogue is the responsibility of the auction house and the experts assisting it, subject to any corrections announced at the time of the item’s presentation and recorded in the auction minutes. The absence of any mention in the catalogue, reports, labels or verbal announcements of any restoration, damage or incident does not in any way imply that the lot is in perfect condition or free from restoration, wear and tear, craquelure, relining or other imperfections. Re-lining, patching or backing are considered conservation measures and not defects; photographs, dimensions, weights and estimates are for guidance only. The colours of the works shown in the catalogue may differ due to the printing process. Further information may be requested from the Auction House prior to the sale. No claims will be accepted once the lot has been awarded. The Auction House is at your disposal for any enquiries and invites all interested parties to find out more about the lots. Estimates are provided by the Auction House and the Expert for guidance only and do not constitute any guarantee. They cannot be taken to imply any certainty that the item will be sold at the estimated price or even within the estimated price range.
Collection of lots: No lot will be released until all sums due have been paid in full. In the event of payment by uncertified cheque, collection of the items may be deferred until the cheque has cleared.
Lots must be collected on the day of the sale and the following day between 8.00 am and 9.00 am at the auction house’s store.
Thereafter, lots will be held at the Hôtel Drouot storage facility (CHARGES APPLY: See the Hôtel Drouot storage fee schedule).
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 following 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 nor constitute grounds for cancelling the sale.
Legislation applicable to cultural property: The State may exercise, in respect of any public auction 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 Commercial Code, a right of pre-emption, by virtue of which it is subrogated to the successful bidder or purchaser. The declaration, made by the administrative authority stating that it may intend to exercise its right of pre-emption, shall be submitted, at the conclusion of the sale, to the public or ministerial officer conducting the auction or to the operator authorised to organise the public auction or private sale.
The administrative authority’s decision must be made within fifteen days of the public auction or of notification of the private sale. EUVRARD & FABRE cannot be held liable for the terms and conditions of the French State’s right of pre-emption.
The export of certain cultural property is subject to the issue of a certificate of free circulation for cultural property. EUVRARD & FABRE and/or the seller shall under no circumstances be held liable in the event of the authorities refusing to issue such a certificate.
Legislative and jurisdictional competence: In accordance with Article L 321-17 of the Commercial Code, civil liability claims 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. All disputes relating to these terms and conditions and to the sales shall be governed exclusively by French law and shall be subject to the jurisdiction of the competent court in Paris, regardless of the place of residence of the buyer or the seller. In order to resolve any dispute arising after the sale between the Seller and the Purchaser, EUVRARD & FABRE reserves the discretionary right to purchase the item(s) from the Purchaser and to resell them on its own behalf, including at public auction, in accordance with the conditions set out in Article L 321-5 II of the Commercial Code. In the event of any dispute with an auctioneer in connection with a voluntary sale, a complaint may be lodged with the Government Commissioner attached to the Council for the Voluntary Sale of Furniture at Public Auction, either by post (19 avenue de l’Opéra, 75001 Paris), or online (http://www.conseildesventes.fr). In accordance with the French Data Protection Act of 6 January 1978, as amended in 2004, you have the right to access and rectify any information concerning you, which you may exercise by contacting EUVRARD & FABRE. You may also, on legitimate grounds, object to the processing of your personal data.
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