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TAJAN - 74
GENERAL TERMS AND CONDITIONS OF SALE
TAJAN is an auction house specialised in moveable property governed
by French Act n° 2000¬642 of July 10
th
2000 and n° 2011850 of July
20
th
2011. Tajan acts as the seller’s agent. The auctioneer is not a party
to the sale agreement, which is solely binding on the seller and the
successful bidder.
As an operator of voluntary auction sales, Tajan is subject to ethical
obligations that are regulatory according to the decree of February
21
st
2012.
GENERAL TERMS
These general terms and conditions of sale, the sale and all maters
relating thereto are governed by French law ; the sellers, buyers and
their agents accept that the courts of Paris (France) alone shall have
jurisdiction over any legal action. These general terms and conditions
are independent. Purchases must be made in cash and prices are stated
in euros (€).
Tajan may, at its option, withdraw or delay the sale partially or entirely.
WARRANTIES
ThesellerwarrantstoTajanandtothebuyerthathe/sheistheundisputed
owner of the items offered for sale or that he/she has been authorised
by the undisputed owner, that the said items are not encumbered by any
claim, dispute, attachment, reservation or pledge and that he/she can
legally transfer ownership of these items.
The information included in the catalogue is prepared by Tajan with
the assistance of the Expert, if necessary, with the care required for
public auctions, subject to the notices, declarations and amendments
announced upon presentation of the item and noted in the record of
sale. This information, including the dimensions set out in the catalogue,
is provided to help the potential buyer inspect items and must be
assessed personally by him/her. If no information on restoration, an
accident, retouching or any other incident is provided in the catalogue,
the condition reports or labels or during a verbal announcement, this
does not mean that the item is void of defects. Frames condition is not
guaranteed. Inasmuch as buyers are given the opportunity to examine
works displayed prior to the sale, no claim may be made after the sale is
complete. Buyers may obtain a condition report on items included in the
catalogue that are estimated at more than € 1000 upon request. The
information contained in such reports is provided free of charge and
solely to serve as an indication. It shall by no means incur the liability of
Tajan. In the event of a dispute concerning inter alia the authenticity or
origin of items sold, Tajan is bound by a best endeavours obligation ; its
liability may only be incurred if evidence is provided that it committed a
wrongdoing.
SUMMARY OF DEFINITIONS
Attributed to
: means that the work mentioned was created during the
artist’s period of production and that it is highly likely or possible (though
not certain) that he/she is the artist.
Influenced by
: the work is the painting of a contemporary artist of the
artist mentioned who was highly influenced by the master’s work.
Artist’s studio:
the work was produced in the artist’s studio, but by
students under his/her supervision.
In the manner of, in the style of:
the work is in the style of the artist and
of a later date.
Follower of
: the work was executed up to 50 years after the death of the
mentioned artist who greatly influenced the author.
ESTIMATES AND RESERVE PRICES
The estimated sale price appears beside each lot included in the
catalogue. It does not include the buyer’s premium or VAT. The reserve
price is the minimum confidential price agreed with the seller. If the
reserve price is not met, the item will not be sold. The reserve price may
not exceed the lowest estimate set out in the catalogue or announced
publicly by the accredited auctioneer and noted in the auction house’s
files. If no reserve price is set, Tajan shall not incur any liability vis-à-vis
the seller if the item concerned is sold at a price lower than the lowest
estimate published in the sale catalogue.
BIDS
To bid in person, you will need to register for and collect a numbered
paddle before the auction begins. We encourage new clients to register
at least 48hours inadvance. Youwill beaskedforaproofof identity (bring
a driving licence, a national identity card or a passport), for your address,
telephone number and signature in order to create your account if you
are a first time bidder. In addition, you may be asked to provide bank
references and/or a deposit. We may, at our option, decline to permit
you to register as a bidder. All individuals who register with Tajan shall
have the right to access and rectify the personal data they provide to
Tajan in accordance with the French Data Protection Act of 6 January
1978, as amended by the Act of 6 August 2004. Information collected on
the registration form is required to participate in an auction and process
the auction sale. You may exercise your right to access, rectify or oppose
subsequent processing of your personal data, by submitting a written
request to TAJAN along with a copy of your photo id.
Auctions will be carried out following the order of the lot numbers as
they appear in the catalogue. Tajan is free to set the increment of each
bid and all bidders must adhere to this process. The highest and last
bidder will be the successful bidder. In the event of a dispute during the
bidding process, that is, if two or more bidders simultaneously place the
same bid, either orally or by a signal, and each claim the item concerned
when the auctioneer’s hammer strikes, the auctioneer may, at his/her
sole option, re-auction the item immediately at the price offered by the
bidders and all those present may take part in this second auction. Any
individual who makes a bid during the sale shall be deemed to be doing
so in his/her own name ; he/she shall assume full responsibility for his/
her bid, unless he/she registered him/herself as an agent with Tajan and
stipulated that the bid was being made for a designated third party. In
the event where the seller has set a reserve price, Tajan reserves the
right to bid on the seller’s behalf until the reserve is reached.
ABSENTEE BID FORMS AND TELEPHONE BIDS
If you cannot attend the auction, we will be pleased to execute written
telephone bids or written absentee bids on your behalf. A bidding form
can be found at the end of the catalogue. This formmust be sent to Tajan
no later than two working days before the sale, together with bank
references and a copy of the bidder’s proof of identity. For significant
purchases, you may be asked to provide financial references, guarantees
and/or a deposit. If several absentee bid forms are submitted for the
same lot, the first order received will have priority. Telephone bidding
can only be arranged for lots with sale estimates over € 400. As there are
only a limited number of telephone lines, the necessary arrangements
must be made at least two working days before the auction. In both
cases, this service is graciously provided free of charge to the client.
Tajan, its employees, agents and representatives shall not incur any
liability in the event of an error or omission in the execution of orders
received or in the non execution of orders.
CURRENCY CONVERSION
Sales are carried out in euros. A currency conversion panel will be displayed
at certain auctions. The currency rates shown are provided for information
purposes only. Tajan shall under no circumstances be held liable for any errors
that occur in the conversion of currencies. Information provided in euros by
the accredited auctioneer alone shall be valid.