Sales charges in addition to the auction price.
VOLUNTARY 30% including VAT
Cash: cash (within legal limits), bank cards, bank transfers
CHEQUES ARE NOT ACCEPTED
(Any auction invoice remaining unpaid to SVV MARAMBAT in MALAFOSSE or subject to late payment may be recorded in the TEMIS register.)
TERMS AND CONDITIONS OF SALE
The sale will be conducted on a cash-only basis. In addition to the hammer price, buyers shall pay the following fees and taxes: 30% including VAT, payable in cash within the legal limits. Credit cards (on-site and online), bank transfer. (CHEQUES ARE NOT ACCEPTED)
SPECIFIC TERMS AND CONDITIONS FOR ONLINE BIDDING VIA THE WEBSITES https://interencheres-live.com and https://drouot.com
Any online bid is considered an irrevocable commitment to purchase.
If you are the successful bidder online, you will be invoiced for the amount of the bid(s), including statutory fees (30% including VAT), plus
3.6% including VAT to cover the operating costs of the INTERENCHERES.COM website
For online purchases via interencheres.com, payments are debited directly from your credit card via MONEXT (up to a limit of €500), unless you specify otherwise by telephone or email.
Any online bid shall be deemed an irrevocable commitment to purchase. If you are the successful bidder online, you authorise SVV MARAMBAT de MALAFOSSE to use your credit card details to process payment, either in full or in part.
The highest bidder and last bidder will be awarded the lot and immediately becomes responsible for it. In the event of non-payment, the item may be put up for sale again at the seller’s request, either immediately as a ‘folle enchère’ or at the earliest opportunity.
In the event of a double bid recognised as valid by the Auctioneer, the item will be put up for sale again, with all bidders being eligible to participate in this second auction.
In the event of a dispute or total or partial non-payment of the purchase price, the Commercial Court of Toulouse shall have exclusive jurisdiction. By accepting these general terms and conditions of sale, the parties waive the jurisdiction of any other court.
CONDITION OF THE ITEMS SOLD:
All items are sold under the guarantee of the Auctioneer and, where applicable, the expert assisting him, in accordance with the descriptions given in the catalogue and subject to any corrections announced at the time of the lot’s presentation, as recorded in the minutes of the sale.
With regard to jewellery, except where a certificate or report from a gemmological laboratory specifically mentions it, heat treatment or oiling of the stones (a commonly accepted practice in gemmology) is never specified in our descriptions. Dimensions and ring sizes are given for information only and do not engage the auction house’s liability.
With regard to watches and clocks, the auction house does not guarantee that the mechanism is in working order.
For paintings, re-stretching, parquet work and lining are conservation measures and do not constitute a defect.
No claims will be accepted for routine restoration work or minor damage, as the item has been on display prior to the sale, allowing it to be examined. Only serious damage and significant repainting will be taken into consideration. The condition of frames is in no way guaranteed. For paintings, the indication of the technique is a guarantee, but the support may be either panel, cardboard or canvas. Attributions have been established on the basis of scientific and artistic knowledge available at the time of the sale. Dimensions are given for guidance only.
A pre-sale exhibition enables buyers to assess the condition of the lots offered for sale. No claims will be accepted once the lot has been sold.
GDPR
SARL MARAMBAT – de MALAFOSSE uses the TEMIS platform, operated by Commissaires-Priseurs Multimédia, for the purpose of managing the collection of unpaid invoices. In this context, in the event of late payment, personal data relating to bidders or their representatives (in particular the identity and contact details of bidders, information relating to the sale, and payment slips) may be disclosed to CPM for the purposes of managing the amicable recovery of debts. CPM acts as a data processor within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016).
PAYMENT INCIDENTS – AUCTION SALES ACCESS RESTRICTIONS REGISTER (TEMIS)
‘Any auction invoice remaining unpaid by SARL MARAMBAT – de MALAFOSSE or for which payment is overdue may be entered in the Auction Access Restrictions Register (“ TEMIS Register”) operated by Commissaires-Priseurs Multimédia (CPM), a public limited company with a management board, whose registered office is situated at (75009) Paris, 37 rue de Châteaudun, registered with the Paris Trade and Companies Register under number 437 868 425.
The TEMIS Register may be consulted by all auction houses operating in France that subscribe to this service. The list of subscribers to the TEMIS Service is available on the website, under the ‘Buy at Auction’ menu, in the ‘Auctioneers’ section.
Inclusion in the TEMIS Register may result in restrictions on a bidder’s ability to bid with professionals subscribed to the TEMIS service. It will also result in the temporary suspension of access to the ‘Live’ service on the platform managed by CPM, in accordance with the platform’s terms and conditions of use.
In the event that a bidder is listed in the TEMIS Register, SARL MARAMBAT – de MALAFOSSE may make access to the auctions it organises conditional upon the use of specific payment methods or guarantees, or may temporarily refuse the bidder’s participation in auctions for which such guarantees cannot be provided.
Bidders wishing to find out whether they are listed in the TEMIS Register, to contest their listing, or to exercise their rights of access, rectification, erasure, restriction, or to object, as provided for under the applicable legislation on the protection of personal data, may submit their requests in writing, providing proof of their identity by submitting a copy of an identity document:
- For entries made by SARL MARAMBAT – de MALAFOSSE: in writing to SARL MARAMBAT – de MALAFOSSE, 7 rue d’Astorg, 31000 TOULOUSE,
- For registrations carried out by other Professional Subscribers: in writing to Commissaires-Priseurs Multimédia, 37 rue de Châteaudun, 75009 Paris, or by email to
[email protected].
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 on the TEMIS database, the bidder is invited to consult our general terms and conditions of sale.
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 organisation at the time of the auction. The bidder must inform SARL MARAMBAT – de MALAFOSSE of any changes to their contact details. »
COLLECTION:
Items must be collected immediately. Failing this, it shall be the successful bidder’s responsibility to arrange insurance for their lots as soon as the auction is declared.
The auctioneer accepts no liability whatsoever for the storage of items. The auction house reserves the right to charge a storage fee of €6 (including VAT) per day and per item for any items held for more than three weeks after the sale. These charges will be payable even in the event of the sale being cancelled.
SHIPPING:
The auction house does not arrange for shipments.
For any ‘postal’ consignments, please contact MAIL BOXES ETC (MBE):
[email protected]
PURCHASE ORDER:
Any request to bid by telephone at the auction must be accompanied by a purchase order at the lower estimate of the lot in question.
If you wish to make a fixed bid or bid by telephone, this must be sent to us together with a bank account statement or your bank details. In both cases, this is a service provided to the client free of charge. The Auctioneers accept no liability for any errors or omissions in the execution of orders received, nor for any failure to execute such orders.
VAT:
Regarding requests for VAT refunds on fees following export or intra-Community supply: SARL MARAMBAT-de MALAFOSSE must receive the successful bidder’s request in writing within 15 days of the sale, and supporting evidence (customs EXA via the freight forwarder, etc.) within three months of the sale.
Once these deadlines have passed, SARL MARAMBAT-de MALAFOSSE reserves the right to refuse to refund the said VAT.
DEPOSIT:
Prior to the sale and for registration purposes, SARL MARAMBAT-de MALAFOSSE reserves the right to require bidders to pay a security deposit by bank transfer, certified cheque or cash, up to the legal limit. SARL MARAMBAT- de MALAFOSSE reserves the right to retain this deposit in the event of a payment default.