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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 oÄcial sale
record.
1. GOODS FOR AUCTION
a)
The prospective buyers are invited to exa-
mine 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 percep-
tion 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 Artcu-
rial 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 assu-
rance whatsoever.
The estimations can be provided in several cur-
rencies; the conversions may, in this case or, be
rounded o dierently 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 pros-
pective 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 noti-
fication, 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 / responsabi-
lity 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 recep-
tion 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 entit-
led 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 prefe-
rence.
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 conside-
ration.
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 following costs and fees/taxes:
25 % + current VAT.
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-com-
munity 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 presen-
tation 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).
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 repro-
duce in the o¸cial sale record and on the bid
summary the information that the buyer will have
provided before the sale. The buyer will be res-
ponsible 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 pur-
suant to the provisions of Law of the 6 July 1978.
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 deteriora-
tion of his lot after the purchase, the compensa-
tion he will receive from the insurer of Artcurial
SAS would prove unsu¸cient.