The sale is governed by Article L312-4 of the Commercial Code.
SVV Thierry de Maigret, the auctioneer, acts as
the seller’s agent, 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
assisting it, subject to any corrections announced at
the time of the item’s presentation and recorded in the
minutes of the sale. Re-lining, re-parquetry or re-lining are
considered to be a preservative measure and not a
defect; dimensions, weights and estimates are indicative.
A pre-sale exhibition enables 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.
Auctions: The successful bidder will be the highest bidder and the last
person to bid, and shall be obliged to provide their name
and address, whilst presenting proof of identity and
bank details. All bidders are deemed to be bidding
on their own behalf and are solely responsible for
the bid. Should a bidder be bidding on behalf of a third party, they must
disclose that person’s identity in advance, so that
the invoice can be drawn up correctly. No changes
may be made after the sale. In the event of a tied bid
deemed valid by the auctioneer, the lot will be put
back up for auction immediately, and any interested party will be
invited to take part in the bidding again. The auctioneer
and the experts reserve the right, in the interests of the
sale, to combine, split 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
relevant lot at the lowest possible price, whilst not exceeding the
maximum amount indicated. In the event of in-auction bids 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 may
execute on your behalf should we be
unable to contact you. The Auction House is not
liable for failing to execute a purchase order
due to error, omission, a telephone fault or
any other cause.
To bid by telephone or online, a deposit
may be required by the Auction House.
Payment of the purchase price: The sale is conducted in euros and is
strictly on a cash-only basis. The successful bidder must pay
, in addition to the hammer price, sales taxes and fees amounting to
28.8% inclusive of VAT (24% exclusive of VAT + 20% VAT).
No lot will be released to the buyer until
all sums due have been paid in full.
Methods of payment:
- by cheque, which must be accompanied by proof
of identity; only the cashing of an uncertified cheque shall constitute
payment and transfer of ownership. Cheques drawn on
a foreign bank will only be accepted with the prior
from the Auction House. To this end, 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 shall 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, subject to 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 after
sending the SVV the customs export document,
copy No. 3, stamped by customs, within
two months following the sale. No VAT-exclusive invoice will be issued
without official proof of export; the intra-Community VAT number alone
is not sufficient.
Failure to pay: Payment by a cheque without sufficient funds
or failure to pay does not render the
Auction House and consequently releases it from the obligation to
pay the seller.
Upon expiry of a one-month period following formal notice to
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
auction price, subject to a minimum of €300, shall be
charged to the purchaser to cover the costs of
debt recovery.
The application of this provision does not preclude the award
of damages and costs of any proceedings that may be
necessary, nor does it prejudice 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 of the auction,
the sale shall be automatically rescinded, without prejudice to any claim for damages.
Interest 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, collection of the items may be deferred until
the cheque has cleared. Bulky lots that have been sold but have not
been collected from Drouot by 10.00 am
on the day following the auction shall be stored at the Hôtel Drouot warehouse;
they remain the sole responsibility of the successful bidder.
Storage charges payable by the purchaser must be settled at
the Hôtel Drouot storage facility prior to collection of the lots and upon
presentation of the paid receipt. Small items
may be kept in the auction house for 15 days after the sale;
beyond this period, a storage charge of 3 euros per day per item
will be levied.
Right of pre-emption: The French State has a right
of pre-emption over the works sold, by 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 such cases, it takes the place of the highest bidder.
Right of access: The right of access is the right recognised for any
person to enquire of the data controller
find out whether they hold any information about them, and, if so, to
obtain a copy of it. See section 32 of the Act and examples of
information notices in the prospectus.
Seals placed on auction houses are considered to be
precautionary measures.
See original version (French)
Auto-translation. Refer to original language for legal validity.