SPECIFIC TERMS AND CONDITIONS
VAT:
Tax returns: As the selling company, by virtue of its legal status, acts as an agent on behalf of the seller, the seller of the VAT-taxable item is solely responsible for declaring and paying VAT to the relevant tax authorities.
VAT refund to foreign buyers in accordance with Article 262 of the General Tax Code
INTELLECTUAL PROPERTY CODE
Daguerre is the sole holder of the right to reproduce its catalogue and its contents.
In accordance with Article L122-3 of the Intellectual Property Code, any reproduction is prohibited and constitutes an act of infringement which may be penalised under copyright law.
PROTECTION OF PERSONAL DATA (CNIL):
In accordance with the General Data Protection Regulation (GDPR), we inform you that your personal data may be collected in connection with your participation in auctions and during your visits to our premises:
CCTV system within the auction house and at Drouot
Recording of your contact details: surname, first name, postal address, bank details
This data is processed by the Daguerre auction house in its capacity as data controller, for the following purposes:
Management of sales and auctions;
Invoicing and legal obligations;
Registration and security of auctions (in the auction room or online);
Marketing and communications regarding future sales (if you consent);
Your data is retained for the period strictly necessary in accordance with legal obligations. It may be passed on to legally authorised third parties (notaries, judicial authorities, technical service providers).
In accordance with the French Data Protection Act and the GDPR, you have the right to access, rectify, object to, erase and restrict the processing of your data.
To exercise your rights, you may submit your request directly:
by post: 5 bis rue du Cirque, 75008 Paris
by email:
[email protected]
For further information, please consult our privacy policy on our website: https://https://daguerre.fr/
PUBLICATION OF AUCTION RESULTS
Our auction results are published directly on our website: https://https://daguerre.fr/ventes-passees
Daguerre Auctioneers subscribes to the TEMIS Service, which enables access to and updates of the ‘TEMIS File’ containing restrictions on access to auctions (“ TEMIS Register”) operated by Commissaires-Priseurs Multimédia (CPM), a public limited company with a management board, whose registered office is situated at (75001) Paris, 14 rue des Pyramides, registered with the Paris Trade and Companies Register under number 437 868 425.
Any auction invoice that remains unpaid to Daguerre Auctioneers or for which payment is overdue may be recorded in the TEMIS register.
Purpose and legal basis of the TEMIS register
The TEMIS Register records payment incidents relating to auction invoices (delays and defaults), regardless of how bidders participate (in person or remotely), and may be consulted by all auction houses subscribed to the service.
Bidders are informed that, should they fail to settle their auction invoice within the time limit stated on the invoice, Daguerre Auctioneers may initiate proceedings to have them listed on the TEMIS register.
The implementation of the TEMIS Register and its use by Daguerre Auction House is necessary to serve the legitimate interests of subscribers to the TEMIS Service in preventing non-payment and thereby safeguarding auctions.
Organisations authorised to consult the TEMIS Register
The TEMIS Register may be consulted by any subscribing sales organisation (professionals and companies authorised to conduct public auctions of movable property in accordance with the applicable regulations and, in particular, the provisions of Title II ‘Auctions’ of Book III of the Commercial Code (hereinafter the ‘Subscriber Professionals’)), wishing to protect themselves against non-payment and thereby safeguard participation in the auctions they organise. Consequences of being listed in the TEMIS Register
In the event that a bidder is listed on the TEMIS register, Daguerre Auctions may make access to the auctions it organises conditional upon the use of specific payment methods or guarantees, or may temporarily refuse bidders’ participation in auctions where such guarantees cannot be provided.
Inclusion on the TEMIS register may result in the bidder’s ability to bid with professionals subscribed to the TEMIS service being restricted.
It also results in the temporary suspension of access to the ‘live’ service on platforms managed by CPM, in accordance with the general terms and conditions of use for these platforms.
Duration of registration
Bidders are informed that the duration of registration on the TEMIS Register is determined by the number of unpaid auction invoices with professionals subscribed to the TEMIS Register, by their cumulative amounts and by whether or not they have been settled. The duration of registration on the TEMIS Register is reduced if the bidder settles all payment incidents. It is extended if the bidder has several unpaid auction slips recorded on the TEMIS Register.
The listing of an auction statement as a payment incident is automatically removed after a maximum of 24 months where the bidder is subject to only one listing, and after 36 months if the bidder is subject to multiple entries.
Responsibilities
For the purposes of applying data protection legislation, CPM and the Daguerre firm are both data controllers.
CPM is responsible for the operation of the TEMIS database, which includes, in particular, the collection of data from subscribers, the pooling and dissemination of the personal data recorded therein, and the security of the information system hosting the TEMIS database.
Daguerre, as a subscriber, is responsible for its use of the TEMIS database, which includes, in particular, the provision of personal data relating to successful bidders to CPM for the purpose of registration in the TEMIS database, verifying the accuracy and updating of the data, accessing the data, and reusing information from the TEMIS File.
Individuals’ rights
Bidders wishing to find out whether they are listed in the Register or to contest their listing may submit their requests in writing, providing proof of their identity by submitting a copy of an identity document:
For entries made by other Subscribed Professionals: in writing to Commissaires-Priseurs Multimédia, 14 rue des Pyramides, 75001 Paris, or by email to
[email protected].
Any request to exercise the rights to erasure, restriction, objection available to the Bidder under data protection legislation, as well as any other dispute regarding a registration, must be addressed to the Professional who made the registration, who will then submit a request for an update to CPM. In the event of difficulties, the Bidder may refer the matter to CPM, providing all relevant details and supporting documentation so that CPM may investigate their complaint.
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, https://cnil.fr] with a complaint regarding their inclusion in the TEMIS database.
For further information regarding the TEMIS database, the bidder is invited to consult CPM’s privacy policy, available at temis.auction.
(6) Bidder’s Contact Details
Important notifications regarding the outcome of the auction will be sent to the email address and/or postal address provided by the bidder to the auction house at the time of the auction. The bidder must inform Daguerre Auctions of any changes to their contact details.
“Any auction invoice that remains unpaid to the Daguerre auction house or for which payment is overdue may be recorded in the TEMIS register.”