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les collections aristophil
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CONDITIONS OF PURCHASE
IN VOLUNTARY AUCTION SALES
ARTCURIAL
Artcurial SAS is an operator of voluntary auction
sales regulated by the law articles L321-4 and
following of the Code de Commerce.
In such capacity Artcurial SAS acts as the agent
of the seller who contracts with the buyer.
The relationships between Artcurial SAS and
the buyer are subject to the present general
conditions of purchase which can be modified
by saleroom notices or oral indications before
the sale, which will be recorded in the official
sale record.
1. GOODS FOR AUCTION
a) The prospective buyers are invited to
examine any goods in which they may be
interested, before the auction takes place, and
notably during the exhibitions.
Artcurial SAS is at disposal of the prospective
buyers to provide them with reports
about the conditions of lots.
b) Description of the lots resulting from the
catalogue, the reports, the labels and the verbal
statements or announcements are only the
expression by Artcurial SAS of their perception
of the lot, but cannot constitute the proof
of a fact.
c) The statements by made Artcurial SAS
about any restoration, mishap or harm arisen
concerning the lot are only made to facilitate
the inspection thereof by the prospective buyer
and remain subject to his own or to his expert’s
appreciation. The absence of statements
Artcurial SAS by relating to a restoration,
mishap or harm, whether made in the catalogue,
condition reports, on labels or orally, does not
imply that the item is exempt from any current,
past or repaired defect. Inversely, the indication
of any defect whatsoever does not imply the
absence of any other defects.
d) Estimates are provided for guidance only
and cannot be considered as implying
the certainty that the item will be sold for the
estimated price or even within the bracket
of estimates.
Estimates cannot constitute any warranty
assurance whatsoever.
The estimations can be provided in several
currencies; the conversions may, in this case or,
be rounded off differently than the legal rounding
2 . THE SALE
a) In order to assure the proper organisation
of the sales, prospective buyers are invited to
make themselves known to Artcurial SAS before
the sale, so as to have their personal identity
data recorded.
Artcurial SAS reserves the right to ask any
prospective buyer to justify his identity as well as
his bank references and to request a deposit.
Artcurial SAS reserves the right to refuse
admission to the auction sales premises to any
prospective buyer for legitimate reasons.
b) Any person who is a bidder undertakes to
pay personally and immediately the hammer
price increased by the costs to be born by the
buyer and any and all taxes or fees/expenses
which could be due. Any bidder is deemed
acting on his own behalf except when prior
notification, accepted by Artcurial SAS, is given
that he acts as an agent on behalf of a third
party.
c) The usual way to bid consists in attending
the sale on the premises. However, Artcurial SAS
may graciously accept to receive some bids by
telephone from a prospective buyer who has
expressed such a request before the sale.
Artcurial SAS will bear no liability /
responsability whatsoever, notably if the
telephone contact is not made, or if it is made
too late, or in case of mistakes or omissions
relating to the reception of the telephone. For
variety of purposes, Artcurial SAS reserves its
right to record all the telephone communications
during the auction. Such records shall be kept
until the complete payment of the auction price,
except claims.
d) Artcurial SAS may accept to execute orders
to bid which will have been submitted before
the sale and by Artcurial SAS which have been
deemed acceptable. Artcurial SAS is entitled to
request a deposit which will be refunded within
48hours after the sale if the lot id not sold to this
buyer.
Should Artcurial SAS receive several instructions
to bid for the same amounts, it is the instruction
to bid first received which will be given
preference.
Artcurial SAS will bear no liability/responsibility
in case of mistakes or omission of performance
of the written order.
e) In the event where a reserve price has been
stipulated by the seller, Artcurial SAS reserves
the right to bid on behalf of the seller until the
reserve price is reached.
The seller will not be admitted to bid himself
directly or through an agent. The reserve price
may not be higher than the low estimate for the
lot printed in or publicly modified before the sale.
f) Artcurial SAS will conduct auction sales at
their discretion, ensuring freedom auction and
equality among all bidders, in accordance with
established practices.
Artcurial SAS reserves the right to refuse any
bid, to organise the bidding in such manner as
may be the most appropriate, to move some
lots in the course of the sale, to withdraw any lot
in the course of the sale, to combine or to divide
some lots in the course of the sale.
In case of challenge or dispute, Artcurial SAS
reserves the right to designate the successful
bidder, to continue the bidding or to cancel it, or
to put the lot back up for bidding.
g) Subject to the decision of the person
conducting the bidding for Artcurial SAS, the
successful bidder will be the bidder would will
have made the highest bid provided the final bid
is equal to or higher than the reserve price if such
a reserve price has been stipulated.
The hammer stroke will mark the acceptance
of the highest bid and the pronouncing of the
word “adjugé” or any equivalent will amount
to the conclusion of the purchase contract
between the seller and the last bidder taken
in consideration.
No lot will be delivered to the buyer until full
payment has been
made.Incase of payment
by an ordinary draft/check, payment will be
deemed made only when the check will have
been cashed.
h) So as to facilitate the price calculation
for prospective buyers, a currency converter
may be operated by Artcurial SAS as guidance.
Nevertheless, the bidding cannot be made
in foreign currency and Artcurial SAS will not be
liable for errors of conversion.
3 . THE PERFORMANCE
OF THE SALE
a) In addition of the lot’s hammer price, the
buyer must pay the different stages of following
costs and fees/taxes:
1) Lots from the EU:
• From 1 to 150 000 euros: 25 % + current VAT.
• From 150 001 to 2 000 000 euros: 20 % +
current VAT.
• Over 2 000 001 euros: 12 % + current VAT.
2) Lots from outside the EU: (identified by
an m).In addition to the commissions and taxes
indicated above, an additional import fees will
be charged (5,5% of the hammer price, 20% for
jewelry and watches, motorcars, wines and
spirits and multiples).
3) VAT on commissions and import fees can
be retroceded to the purchaser on presentation
of written proof of exportation outside the EU.
An EU purchaser who will submit his intra-
community VAT number and a proof of shipment
of his purchase to his EU country home address
will be refunded of VAT on buyer’s premium.
The payment of the lot will be made cash, for the
whole of the price, costs and taxes, even when
an export licence is required.
The purchaser will be authorized to pay
by the following means:
- In cash: up to 1 000 euros, costs and taxes
included, for French citizens and people acting
on behalf of a company, up to 15 000 euros,
costs and taxes included, for foreign citizens
on presentation of their identity papers;
- By cheque drawn on a French bank on
presentation of identity papers and for any
company, a KBis dated less than 3 months
(cheques drawn on a foreign bank are not
accepted);
- By bank transfer;
- By credit card: VISA, MASTERCARD or AMEX
(in case of payment by AMEX, a 1,85% additional
commission corresponding to cashing costs will
be collected).
4)The distribution between the lot's hammer
price and cost and fees can be modified by
particular agreement between the seller and
Artcurial SAS without consequence for the buyer.
b) Artcurial SAS will be authorized to
reproduce in the official sale record and on the
bid summary the information that the buyer
will have provided before the sale. The buyer
will be responsible for any false information
given. Should the buyer have neglected to give
his personal information before the sale, he will
have to give the necessary information as soon
as the sale of the lot has taken place.
Any person having been recorded by Artcurial
SAS has a right of access and of rectification to
the nominative data provided to Artcurial SAS
pursuant to the provisions of Law of the 6 July
1978.