Conditions of sale
The Auction House Cornette de Saint Cyr
is a voluntary sales company governed
by the law of 20 July 2011. The Auction
House acts as agent for the seller who
enters into a sale contract with the
purchaser.
The auction sales organised by the
Auction House Cornette de Saint Cyr are
hereby subject to the following
conditions of sale :
Goods put up for sale
Potential purchasers are invited to
examine the goods that might be of
interest to them during the exhibitions
which are organised by the Auction
House Cornette de Saint Cyr before the
auctions.
Condition reports may be requested
from the Auction House by letter,
telephone or electronic mail.They will be
sent free of charge but are to be used for
information only.The reports will include
the artistic and scientific information
known to the Auction House at the date
of the sale and the latter will not accept
any responsibility for errors or omissions.
The descriptions to be found in the
catalogue are drawn up by the Auction
House and where applicable by the
expert who assists the former, subject
to notices and corrections given when
the lot is presented and included in the
bill of sale. Sizes, weights and estimates
are given for information purposes only.
The coIours of the works included in the
catalogue may vary due to printing
techniques.
The lack of information on the condition
of the goods in the catalogue will by no
means imply that the lot is in a perfect
state of preservation or free from
restoration, wear, cracks, relining or
other imperfection.
The goods are sold in the state they are
found at the time of sale.
As the prior exhibition has enabled
potential purchasers to examine the
object, no claim will be accepted once
the hammer has gone down.
ln the event of a withdrawal of an article
prior to the sale by a depositor and after
the publication of the catalogue or, in the
event of a modification to the minimum
price rendering it impossible to put the
article up for sale immediately, the seller
will be obliged to pay the purchaser and
seller fees calculated on the basis of the
median estimate stipulated in the
catalogue to the Auction House Cornette
de Saint Cyr by way of compensation.
The article which has been withdrawn
will not be returned to the seller until the
aforementioned fees are paid. If no
payment is forthcoming, the article will
be put up for sale once again in line with
the terms of the initial sale requisition.
Auction sales
The auction sales are carried out in the
order of the catalogue numbers. The
bidders are invited to make themselves
known to the Auction House Cornette de
Saint Cyr before the sale to ensure that
their personal details are recorded
beforehand.
Bidders are generally present in the
room.
However, any bidder who would like to
place an absentee bid in writing or bid by
telephone may use the form, intended
for this purpose, to be found at the end
of the sale catalogue or on the website
www.cornette.auction.fr.The form
should be sent to the Auction House
Cornette de Saint Cyr together with a
bank identification slip [RIB in France] or
bank details at least two days before the
sale.
The Auction House Cornette de Saint Cyr
will deal with auction sales by telephone
and absentee bids free of charge. In all
cases, the Auction House Cornette de
Saint Cyr cannot be held responsible for
a problem with the telephone link along
with an error or omission in the
execution of the absentee bids received.
ln the event of two identical absentee
bids, preference will be given to the
earliest absentee bid. The bidder who is
present in the room shall have priority
over an absentee bid should the two
bids be of equivalent amounts. The
successful bidder will be deemed to be
the individual who has made the highest
bid. In the event of a double bid which is
confirmed as such by the auctioneer, the
lot will be put up for sale again and any
or all persons present will have the right
to take part in the second sale by
auction.
Payment
Payment must be paid immediately after
the sale in euros. In the event that the
successful bidder has not given their
personal information before the sale,
they will be required to provide proof of
identity and bank details.
ln addition to the hammer price,
purchasers will be required to pay the
folIowing costs and taxes per lot and per
block:
- from 1 to 20 000
€
: 24 % before tax
(28,80 % inclusive of tax except for
books 25,32 % inclusive of tax)
- from 20 001
€
to 600.000
€
: 20%
before tax (24 % inclusive of tax
except for books 21,10% inclusive of
tax)
- above 600.001
€
: 12% before tax
(14,40 % inclusive of tax except for
books 12,66% inclusive of tax)
For lots from countries outside the
European Union, import tax will be
added as follows :
For lots with numbers preceded by the
sign: * additional tax of 5,5 % of the
hammer price.
For lots with numbers preceded by the
sign: ** additional tax of 20 % of the
hammer price. .................................
The successful bidder may pay using
one of the following methods:
- in cash within the limits of the
legislation in force.
- by bank transfer.
- by cheque, with the presentation of
identity papers being compulsory.
Cheques drawn on a foreign bank will
only be accepted provided prior
consent is obtained from the Auction
House Cornette de Saint Cyr.
Purchasers are advised to provide a
letter of credit from their bank for an
amount which is close to their
intended purchase figure.
- by bank card except American Express.
Failure to pay
ln the event of failure to pay the hammer
price and fees, formal notice will be sent
to the purchaser by registered letter with
acknowledgement of receipt. ln the
event of failure to pay at the end of the
deadline of one month after the sending
of the formal notice, the purchaser will
be required to pay an additional fee of 10
% of the hammer price, with a minimum
of 250 euros, to cover collection costs.
This clause being applied will not hinder
the awarding of damages and costs for
the legal proceedings which will be
required, and does not exclude the
article being put up for sale again in a
new auction which is governed by article
L 321 -14 of the Commercial Code.
Within the framework of this new
auction, the Auction House hereby has
the right to claim the payment of the
difference between the initial hammer
price and the subsequent hammer price
obtained from this reiteration of auction,
if this last is lower, together with the
costs incurred due to the second Auction
sale from the defaulting successful
bidder.
The Auction House Cornette de Saint Cyr
hereby reserves the right to offset
against the amounts owed to the
defaulting
successful
bidder.
Furthermore, the Auction House
Cornette de Saint Cyr hereby reserves
the right to exclude any or all successful
bidder who has not complied with these
conditions of sale from its future auction
sales.
The Auction House Cornette de Saint Cyr
is member of the Central Registry for
auctioneers for the prevention of
outstanding invoices of the auctioneers
where a default in payment can be
inscribed.
The debtor can access, modify or make
an opposition for a legitimate reason
before the SYMEV at the following
address : 15 rue Freycinet 75016 Paris.
Collection of purchases
No lot will be handed over to the
purchasers before all of the amounts
owed are settled.
ln the event of payment with a non-
certified cheque or by bank transfer,
delivery of the articles may be differed
until receipt of the amounts owed. As
soon as the auction sale is concluded,
the articles will be placed under the
purchaser's full responsibility.
With regard to the collection of lots
which have not been taken on the date
of the sale, you are advised to contact
the Auction House Cornette de Saint Cyr
prior to collection on +33 (0)1 47 27 11 24.
An appointment can be made to collect
small paintings and objects of art at 6
avenue Hoche, 75008 Paris, from
Monday to Friday from 9.00 a.m. to 1.00
p.m. and from 2.00 p.m. to 6.00 p.m.
(5.00 p.m. on Fridays). Fifteen days of
free storage is offered. Thereafter, the
storage will be invoiced at 36 euros
inclusive of tax per month and per lot (or
9 euros inclusive of tax per week and per
lot). If the article is collected after the
beginning of the week payment for a full
week will be requested.
Furniture and in general terms any bulky
articles are stored at our partner’s
warehouse. Storage costs are to be paid
by the purchaser and will be invoiced
directly by our partners to the purchaser
with the tariffs in force as following : free
of charge the first two weeks of
storage ; from the 15th day, a fee of
22,50
€
per two week period (the first
two weeks after the auction will also be
invoiced from the 15th day, as well as
the following two weeks). In addition to
these storage fees, a handling charge of
45
€
is to be included (not-invoiced the
first two weeks). Hence, from the 15th
day after the auction, the total storage
and handling fees for the month will be
of 90
€
per item.
The Auction House will not be
responsible for the storage of articles.
Transport of the lots is to be carried out
at the successful bidder's expense and
under their full responsibility.
Export - Tax refund
The VAT will be refunded to the buyers
who are non-European Union residents
upon presentation to our accountant of
the export declaration (SAD) of the
good(s) purchased duly endorsed by the
competent customs authority, within 3
months after the sale. The export
declaration must mention the auction
house Cornette de Saint Cyr as the
consignor and the buyer as the
consignee of the good(s).
The export of the works of art
considered as “cultural goods” must be
authorized by the Ministry for the Arts
(see article L 111-2 of the Patrimony
Code).
The export to a country within the
European Union requires a certificate of
export issued by the Ministry of the Arts
with a delay up to 4 months.
This certificate could be asked by the
Auction House on behalf of the buyer
after the sale.
The export to a country outside the
European Union requires a certificate of
export as well as an export licence and a
customs declaration.
In this case, the buyer has to pass
through a transit company in order to ask
for these export authorizations.
The Ministry of the Arts issues or
refuses the certificate of export within a
maximum delay of 4 months and the
licence export need two further weeks
to be obtained.
The documents required must be
presented to the customs officers.
The law punishes to penalties the person
who exports or tries to export a cultural
good without the authorizations required
(see article L 114-1 of the Patrimony
Code).
The works of art are considered as
cultural goods according to their age
(generally from 50 years) and their value
(price with taxes included) which varies
by categories (
€
150 000 or more for
paintings,
€
15 000 or more for prints).
These thresholds are set by the decree
n° 93-124 of the 29th January 1993 and
by the European Regulation of the 18th
December 2008 (n° 116/2009).
The Auction House is not responsible for
the delay or the refusal of the export
certificate from the Ministry for the Arts.
Governing law and jurisdiction
These conditions of sale are governed by
French law. Any or all dispute relating to
the wording, validity and performance
will be settled by the court or competent
jurisdiction in Paris.
Hammer prices can be found on the
internet site
www.cornette-saintcyr.comor upon request at the following
telephone number +33 (0) 1 47 27 11 24.




