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c) The lot must to be insured by the buyer
immediately after the purchase. The buyer
will have no recourse against Artcurial SAS,
in the event where, due to a theft, a loss or
a deterioration of his lot after the purchase, the
compensation he will receive from the insurer
of Artcurial SAS would prove unsufficient.
d) The lot will be delivered to the buyer only
after the entire payment of the price, costs and
taxes. If payment is made by cheque, the lot will
be delivered after cashing, eight working days
after the cheque deposit. If the buyer has not
settled his invoice yet or has not collected his
purchase, a fee of 50€+VAT per lot, per week
(each week is due in full) covering the costs of
insurance and storage will be charged to the
buyer, starting on the first Monday following
the 90th day after the sale. Should the buyer
fail to pay the amount due, and after notice
to pay has been given by Artcurial SAS to the
buyer without success, at the seller’s request,
the lot is re-offered for sale, under the French
procedure known as “procédure de folle
enchère”. If the seller does not make this
request within three months from the date of the
sale, the sale will be automatically cancelled,
without prejudice to any damages owed by the
defaulting buyer.
In addition, Artcurial SAS reserves the right to
claim against the defaulting buyer, at their option:
- interest at the legal rate increased by five
points,
- the reimbursement of additional costs
generated by the buyer’s default,
- the payment of the difference between the
initial hammer price and the price of sale after
“procédure de folle enchère” if it is inferior as
well as the costs generated by the new auction.
Artcurial SAS also reserves the right to set off any
amount Artcurial SAS may owe the defaulting
buyer with the amounts to be paid by the
defaulting buyer.
Artcurial SAS reserves the right to exclude from
any future auction, any bidder who has been
a defaulting buyer or who has not fulfilled these
general conditions of purchase.
e) For items purchased which are not
collected within seven days from after the
sale (Saturdays, Sundays and public holidays
included), Artcurial SAS will be authorized to
move them into a storage place at the defaulting
buyer’s expense, and to release them to
same after payment of corresponding costs,
in addition to the price, costs and taxes.
f) The buyer can obtain upon request
a certificate of sale which will be invoiced € 60.
4. THE INCIDENTS
OF THE SALE
In case of dispute, Artcurial SAS reserves
the right to designate the successful bidder, to
continue the sale or to cancel it or to put the lot
up for sale.
a) In case two bidders have bidden vocally,
by mean of gesture or by telephone for the same
amount and both claim title to the lot, after the
bidding the lot, will immediately be offered again
for sale at the previous last bid, and all those
attending will be entitled to bid again.
b) So as to facilitate the presentation of the
items during the sales, Artcurial SAS will be able
to use video technology.
Should any error occur in operation of such,
which may lead to show an item during the
bidding which is not the one on which the bids
have been made, Artcurial SAS shall bear no
liability/responsability whatsoever, and will have
sole discretion to decide whether or not the
bidding will take place again.
5 . PRE-EMPTION
OF THE FRENCH STATE
The French state in entitled to use a right
of pre-emption on works of art, pursuant
to the rules of law in force.
The use of this right comes immediately after
the hammer stroke, the representative of the
French state expressing then the intention of the
State to substitute for the last bidder, provided he
confirms the pre-emption decision within fifteen
days.
Artcurial SAS will not bear any liability/
responsibility for the conditions of
the pre-emption by the French State.
6 . INTELLECTUAL
PROPERTY RIGHT -
COPYRIGHT
The copyright in any and all parts of the
catalogue is the property of Artcurial SAS.
Any reproduction thereof is forbidden and will
be considered as counterfeiting to their
detriment.
Furthermore, Artcurial SAS benefits from a legal
exception allowing them to reproduce the lots for
auction sale in their catalogue, even though the
copyright protection on an item has not lapsed.
Any reproduction of Artcurial SAS catalogue
may therefore constitute an illegal reproduction
of a work which may lead its perpetrator to
be prosecuted for counterfeiting by the holder
of copyright on the work.The sale of a work of art
does not transfer to its buyer any reproduction
or representation rights thereof.
7 . ITEMS FALLING WITHIN
THE SCOPE OF SPECIFIC
RULES
The International regulation dated March
3rd 1973, protects endangered species and
specimen. Each country has its own lawmaking
about it. Any potential buyer must check before
bidding, if he is entitled to import this lot within
his country of residence.
Any lot which includes one element in ivory,
rosewood…cannot be imported in the United
States as its legislation bans its trade whatever
its dating may be. It is indicated by a (s).
8. REMOVAL OF
PURCHASES
The buyer has to insure its purchase, and
Artcurial SAS assumes no liability for any
damage items which may occur after the sale.
All transportation arrangements are the sole
responsibility of the buyer.
9. SEVERABILITY
The clauses of these general conditions
of purchase are independant from each other.
Should a clause whatsoever be found null
and void, the others shall remain valid
and applicable.
10. LAW AND
JURISDICTION
In accordance with the law, it is added that
all actions in public liability instituted on the
occasion of valuation and of voluntary and
court-ordered auction sales are barred at the
end of five years from the hammer price or
valuation.
These Conditions of purchase are governed
by French law exclusively. Any dispute relating
to their existence, their validity and their binding
effect on any bidder or buyer shall be submitted
to the exclusive jurisdiction of the Courts
of France.
PROTECTION OF
CULTURAL
PROPERTY
Artcurial SAS applies a policy to prevent
the sale of looted or stolen cultural
property.