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terms of sale and bids
Boisgirard - Antonini is a company of voluntary auc-
tion sales regulated by the law of the 10 July 2000.
In such capacity Boisgirard - Antonini acts as the
agent of the seller who contracts with the buyer.
The relationships between Boisgirard - Antonini and
the buyer are subject to the present general condi-
tions of purchase which can be modified by saleroom
notices or oral indications given at the time of 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 exhibi-
tions.
Boisgirard - Antonini is at disposal of the prospective
buyers to provide them with reports about the condi-
tions 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 Boisgirard
- Antonini of their perception of the lot, but cannot
constitute the proof of a fact.
c) The statements by made Boisgirard - Antonini 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.
All the lots above 5 000 Euros have been submitted to
the Art Loss Register.
Notes in English are neither complete nor accurate,
but are just an approximate description for Eng-
lish-speaking buyers. The condition of the pieces is
not mentioned.
The absence of statements Boisgirard - Antonini 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 can-
not be considered as implying the certainty that the
item will be sold for the estimated price or even within
the bracket of estimates.
e) Attributions have been made taking into account
scientific and artistic knowledge at the date of the sale.
Claims will not be accepted for ordinary restorations
and minor damages to lots, considering that buyers
are given the opportunity to assess the condition of the
lots at the time of the pre-sale exhibition.
The condition of antiquities, early ceramics, metal-
work, glass and textiles is not guaranteed, since most
of the pieces are commonly damaged. Necklaces are
recomposed with ancient elements. Dimensions are
given for information only, especially concerning the
framed paintings.
2 - The sale
a) In order to assure the proper organisation of the
sales, prospective buyers are invited to make them-
selves known to Boisgirard - Antonini before the sale,
so as to have their personal identity data recorded.
Boisgirard - Antonini reserves the right to ask any pro-
spective buyer to justify his identity as well as his bank
references.
Boisgirard - Antonini reserves the right to refuse
admission to the auction sales premises to any pro-
spective buyer for legitimate reasons.
b) Any person who is a bidder undertakes to pay per-
sonally 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 Boisgirard -
Antonini 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, Boisgirard - Antonini may graciously accept
to receive some bids by telephone from a prospective
buyer who has expressed such a request before the
sale.
Boisgirard - Antonini will bear no liability/responsa-
bility 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, Boisgirard - Antonini 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) Boisgirard - Antonini will bear no liability/responsi-
bility in case of mistakes or omission of performance
of the written order.
e) In the event where a reserve price has been stipu-
lated by the seller, Boisgirard - Antonini reserves the
right to bid on behalf of the seller until the reserve
price is reached.
f) Boisgirard - Antonini will conduct auction sales at
their discretion, in accordance with established prac-
tices.
Boisgirard - Antonini 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, Boisgirard - Antonini
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.
No lot will be delivered to the buyer until full payment
has been made.
In case of payment by an ordinary draft/check, pay-
ment will be deemed made only when the check will
have been cashed.
3 - The incidents of the 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 dur-
ing the sales, Boisgirard - Antonini 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, Bois-
girard - Antonini shall bear no liability/responsability
whatsoever, and will have sole discretion to decide
whether or not the bidding will take place again.
4 - 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-emp-
tion decision within fifteen days.
Boisgirard - Antonini will not bear any liability/respon-
sibility for the conditions of the pre-emption by the
French State.
5 - The performance of the sale
a) In addition to the lot’s hammer price, the buyer
must pay the following costs and fees/taxes:
1) Lots from the EEC:
The buyer must pay Boisgirard - Antonini, in addition
to the hammer price, commission of 23% excl. Tax
(with VAT 27.60%) of the sale price up to 350 000
Euros. For the books the commission will be: 23%
excl. Tax + 5.5% (with VAT 24.27%)
By credit card, Boisgirard - Antonini, will charge 1% in
addition to the hammer price.
2) The taxes (VAT on commissions and VAT on
importation) can be retroceded to the purchaser on
presentation of written proof of exportation outside
the EEC.
An EEC purchaser who will submit his intra-Commu-
nity VAT number will be exempted from paying the
VAT on commissions.
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 fol-
lowing means:
- in cash: up to 1 000 euros, costs and taxes
included, for French citizen, up to 15 000 euros,
costs and taxes included, for foreign citizen on pres-
entation of their identity papers.
- By cheque or bank transfer.
- By credit card: VISA, MASTERCARD.
b) Should the buyer have neglected to give his per-
sonal information before the sale, he will have to
give the necessary information as soon as the sale of
the lot has taken place.
c) The lot must to be insured by the buyer imme-
diately after the purchase. The buyer will have no
recourse against Boisgirard - Antonini , in the event
where, due to a theft, a loss or a deterioration of his
lot after the purchase.
d) The lot will be delivered to the buyer only after the
entire payment of the price, costs and taxes.
In the meantime Boisgirard - Antonini may invoice to
the buyer the costs of storage of the lot, and if appli-
cable the costs of handling and transport.
Should the buyer fail to pay the amount due, and
after notice to pay has been given by Boisgirard -
Antonini to the buyer without success, at the sell-
er’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 a month from the date of the sale, the sale will
be automatically cancelled, without prejudice to any
damages owed by the defaulting buyer.
In addition, Boisgirard - Antonini 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 “procé-
dure de folle enchère” if it is inferior as well as the
costs generated by the new auction.
Boisgirard - Antonini reserves the right to exclude
from any future auction, any bidder who has been a
defaulting buyer or who has not fulfilled these gen-
eral conditions of purchase.
e) For items purchased which are not collected
within seven days from after the sale (Saturdays,
Sundays and public holidays included), Boisgirard -
Antonini will be authorized to move them into a stor-
age place at the defaulting buyer’s expense, and to
release them to same after payment of correspond-
ing costs, in addition to the price, costs and taxes.
6 - Intellectual Property Right - Copyright
The copyright in any and all parts of the catalogue is
the property of Boisgirard - Antonini. Any reproduc-
tion thereof is forbidden and will be considered as
counterfeiting to their detriment.
Furthermore, Boisgirard - Antonini 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.
7 - Law and Jurisdiction
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.