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
are 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 them, subject to any corrections announced at the
time of the item’s presentation and recorded in the
sale minutes. Re-canvassing, re-parquetry or re-lining are
regarded as a precautionary measure and not as
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 will be required to provide their name
and address, along with proof of identity and
bank details. All bidders are deemed to be bidding
on their own behalf and are solely responsible for
the bid. If a bidder is 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
recognised as valid by the auctioneer, the lot will be put
back up for auction immediately, and any interested party will be
invited to bid 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.
Buy-in orders: The auction house may execute
execute any bid 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 attempting to purchase the
lowest possible price, without exceeding the
maximum amount indicated. In the event of bids in the auction room 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 safety bid which we may
execute on your behalf should we be
unable to contact you. The Auction House shall not be
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, taxes and auction fees totalling
28.8% including VAT (24% excluding VAT + 20% VAT).
No lot will be handed over to the purchaser until
all sums due have been paid in full.
Methods of payment:
- by cheque, which must be accompanied by proof
of identity; only upon clearance of an uncertified cheque shall
payment be deemed to have been made and title transferred. Cheques drawn on
a foreign bank will only be accepted with the
prior consent of the Auction House. To this end,
buyers to obtain, prior to the sale, a letter of credit from
their bank for an amount approximating their intended purchase,
which they must 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 or MasterCard
VAT: The VAT included in the margin may be refunded
to buyers who are non-residents of the European Union upon
submitting the customs export document,
copy No. 3, stamped by customs, to the SVV within
two months of the sale. No VAT-exclusive invoice will be issued
without official proof of export; an intra-Community VAT number
alone is not sufficient.
Failure to pay: Payment by a cheque without sufficient funds
or failure to pay shall not give rise to any liability on the part of the
Auction House and shall consequently release it from any obligation to
pay the seller.
Upon expiry of a one-month period following formal notice being served on
the purchaser by registered letter with acknowledgement of receipt
at the purchaser’s expense, and in the event of non-payment of the sum due, an
charged to the purchaser, to cover the costs of
debt recovery, an additional fee of 10 per cent of the
auction price, subject to a minimum of €300.
The application of this provision does not preclude the award
of damages and the costs of any proceedings that may be
necessary, nor does it prejudge the possible initiation of the
‘folle enchère’ procedure.
‘Folle enchère’: in the event of non-payment by the successful bidder, the property
is put up for sale again at the seller’s request under the ‘folle enchère’
by the defaulting successful bidder: if the seller does not make such a
request within one month of the auction,
the sale is automatically rescinded, without prejudice to any claim for damages.
Interest payable by the defaulting successful bidder.
Collection of lots: No lot will be released until
all sums due have been paid in full. In the event of payment by an
, collection of the items may be deferred until
the cheque has cleared. Bulky lots awarded at auction which have not
been collected from Drouot by 10.00 am
in the auction room, will be stored at the Hôtel Drouot’s storage facility;
they remain the sole responsibility of the successful bidder.
Storage charges payable by the purchaser must be settled at
the Hôtel Drouot storage facility before collection of the lots and upon
presentation of the paid receipt. Small items
may be kept at the auction house for 15 days following the sale;
after this period, a storage charge of 3 euros per day per item
will be charged.
Right of pre-emption: The French State has a right
of pre-emption over the works sold, which must be declared to
the auctioneer as soon as
the lot is declared sold.
The State has a period of 15 days to confirm the exercise
of this right. In this case, 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 as to
whether they hold information about them, and, if so, to
access to it. See section 32 of the Act and model
information notices in the guidance note.
The sealing of scrap yards is regarded as a
precautionary measure.
See original version (French)
Auto-translation. Refer to original language for legal validity.