PURCHASE ORDER
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 order, priority will be given to the bid in the auction room. In the event that several purchase orders are for the same amount on the same lot, only the first such order 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 should you not be reachable 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 buyer upon full and irrevocable payment of the price, fees and taxes, following an appointment made with the auction house.
Once the lot has been awarded, the item will be the sole responsibility of the successful bidder. The successful bidder is 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; 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to pay; if the seller does not make such a request within one month of the award, the sale shall be automatically rescinded, without prejudice to any damages owed by the defaulting successful bidder.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 price achieved in 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 not complied with these general terms and conditions of purchase.
STORAGE
Following the sale, lots are transferred to the post-auction storage facility, with the exception of gold jewellery, which is kept in a safe and may be collected by prior appointment (
[email protected]).
Successful bidders are advised to collect their lots as soon as possible, having made an appointment.
If a return to the auction house is requested, the buyer will be liable for return transport costs. Storage is provided free of charge for a period of 7 days from the date of the sale. Beyond this period, storage fees will be payable. Any week commenced is chargeable. The weekly storage charges are €7 (excl. VAT) per item and piece of equipment, €14 (excl. VAT) per painting, and €21 (excl. VAT) per piece of furniture and pallet.
If lots are not collected by the buyer and the storage charges exceed the hammer price, the auctioneer is expressly authorised to put them up for sale again; the buyer hereby authorises the auctioneer to do so. The lots put up for sale again are those described in the invoice. The sale will take place without a reserve price and subject to a seller’s commission of 18% including VAT. The auctioneer is expressly authorised to deduct from this sale price the amount, up to the full amount, of the ‘seller’s fees’ and the storage costs, with the balance accruing to the owner, in this case the seller.
Storage does not entail any liability on the part of the OVV* or the valuer in any respect whatsoever.
Storage charges apply only to sales where the items are physically on display, unless otherwise stated in the sale notice. For off-site sales, collection must take place immediately; otherwise, the items shall be deemed abandoned. No refund will be made.
In the case of an auction at the Hôtel Drouot, no items will be returned to the auction house. They will be handled by the Hôtel Drouot storage facility. It is the buyer’s responsibility to enquire about rates and collection arrangements.
EXPORT FROM FRENCH TERRITORY
The export of a lot from France may be subject to administrative authorisation.
Obtaining the relevant document is the sole responsibility of the successful bidder for the lot to which this provision applies.
Any delay or refusal by the authorities to issue the necessary export documents shall not constitute grounds for cancelling the sale, delaying payment or rescinding the contract.
Should our Company be asked by the buyer or their representative to submit these applications for export, all costs incurred shall be borne entirely by the applicant.
For ivory items, APONEM and SELARL DUMEYNIOU FAVREAU will have complied with the legal requirements for auctioning in France. It is the responsibility of any purchaser wishing to export such an item outside the European Union to comply with the rules in force in accordance with the Decree of 7 May 2017.
EXPORT PASSPORT
Unless otherwise specified, the items offered for sale do not have an export passport for cultural property. Consequently, it is the responsibility of the successful bidders to complete all the necessary formalities for export. Under no circumstances may the sale be cancelled if export cannot take place due to the absence of an export passport.
EXPORT AFTER THE SALE
A buyer exporting outside the European Union will be refunded the VAT upon presentation of the customs export document within one month; a buyer exporting within the European Union will be exempt from VAT upon presentation of their intra-Community VAT number and proof of crossing the border.
As the authorised auctioneer, by virtue of their status, acts as an agent on behalf of the seller, it is the seller of the taxable item who is solely responsible for declaring and paying VAT to the relevant tax authorities.
The authorised auctioneer who issues the invoice cannot be held liable for tax matters unless they fail to report to the seller or include incorrect or fraudulent information on the report, the invoice or any document serving as such.
RIGHT OF PRE-EMPTION BY THE FRENCH STATE
In certain cases defined by law, the French State has a right of pre-emption over works sold at public auction.
In such cases, the French State takes the place of the highest bidder, provided that the declaration of pre-emption made by the State’s representative in the auction room is confirmed within fifteen days of the sale.
APONEM cannot be held liable for any such right of pre-emption or for the French State’s failure to confirm it.
LIVE
Any person may attend and/or participate in the online sale in accordance with the terms and conditions set out on the website https://drouot.com
Such persons must refer to the specific terms and conditions governing these services, in particular with regard to the surcharge.
- For https://drouot.com
• For voluntary lots, a surcharge of 1.5 per cent (excluding VAT) of the hammer price (i.e. +1.8 per cent including VAT).
SHIPPING COSTS
All requests for the dispatch of lots must be made via the following service provider:
The buyer must not use any other transport companies. In such cases, a written authorisation must be provided to the auction house APONEM and SELARL DUMEYNIOU FAVREAU authorising their carrier to collect the items on their behalf. The carrier is responsible for packaging the items. The items may only be handed over to this carrier once the invoice has been paid in full.
* OVV = APONEM Voluntary Auctions Operator