CONDITIONS OF SALE
Purchased lots will become available only after full payment
has been made. The sale will be conducted in Euros. In
addition to the hammer price, the buyer agrees to pay a
buyer’s premium along with any applicable value added tax.
The buyer’s premium is 22,91 % + VAT amounting to
27,51 % (all taxes included) for all bids.
NB :
+ Auction by order of the court further to a prescription
of the court, buyers fees 14,40% VTA included.
° Lots on which the auction house or its partners have a
financial interest
* Lots in temporary importation and subject to a 5,5
% fee in addition to the regular buyer’s fees stated
earlier..
# An appointment is required to see the piece
~ This lot contains animal materials. Import restrictions
are to be expected and must be considered.
The legislator imposes strict rules for the commercial use of
inert animal species. The international regulations of March
3, 1973 (CITES) requires for different annexes a correlation
between the specimen and the documentation proving the
origins to be lawful. This regulation transcribed in European
Community law (Annexes A/B/C) in Rule 338/97 of 9/12/1996
permits commercial use of regulated specimens (CITES) upon
presentation of documentation proving lawful origin; these
documents for this variation are as follows:
• For Annex A : C/C provided outlining the specimen’s history
(for specimens of recent date)
• For Annex B : Bird specimens are either banded or equipped
with transponders, and are accompanied by documents of
licit origin. The auction’s sale record must be conserved as it
contains the complete history of every specimen.
All cases concerning specimens of recent date that are protected
under the French Environmental Code and which were born and
raised in captivity are permitted by the derogation clause AM of
14/07/2006. As such, they can be used commercially provided
traceability between the specimen and the documentation
proving licit origins. Other specimen cases dating prior to clause
AM of 21/07/2015 can, due to this fact, be used commercially.
Specimens dating before 1947 included in this auction sale
benefit from clause 2M of the derogatory Rule 228/97 of
9/12/1996, permitting their use for trade. However, exporting
them outside of the EU them requires a pre-CITES Convention
agreement.
For huntable species of the European continent and
elsewhere, commercial use is allowed under certain conditions.
Domesticated species (D) included in this auction sale are free
for trade. Old specimens from before the Convention (i.e. before
1975) comply with the conditions of the AM of 23/12/2011 and,
as such, are free for trade.
The other specimens in this auction sale are not subject to NR
regulations and are free for commercial use and trade. The
auction record will substantiate their licit origin.
To leave the EU, with regards to the Annexes I/A, II/B et III/C, a
CITES re-export document at the expense of the acquirer will
be necessary.
GUARANTEES
The SAS Claude Aguttes is bound by the indications stated in
the catalogue, modified only by announcements made at the
time of the sale noted in the legal records thereof.
Attributions were made according to scientific and artistic
knowledge at the time of the auction.
An exhibition prior to the sale permits buyers to establish the
conditions of the works offered for sale and no claims will be
accepted after the hammer has fallen. Some difference may
appear between the original work and its illustration, there will
be no claims in such matter. The dimensions are given only as
an indication.
The condition of the works is not specified in the catalogue,
buyers are required to study them personally. No requests will be
accepted concerning restorations once the hammer has fallen.
Any condition report requested from SAS Claude Aguttes and
the expert before the sale is provided as an indication only.
It shall by no means incur their liability may not constitute a
basis for legal claim after the sale. It cannot replace a personal
examination of the work by the buyer or his representative.
BIDS
The highest and final bidder will be the purchaser.
Should the auctioneer recognise two simultaneous bids on one
lot, the lot will be put up for sale again and all those present in
the saleroom may participate in this second opportunity to bid.
Important : Bidding is typically conducted in the auction
house. However, we may graciously accept telephone bids
from potential buyers who have made the request.
We bear no responsibility whatsoever in the case of
uncompleted calls made too late and/or technical
difficulties with the telephone. We also accept absentee
bids submitted prior to the sale. We reserve the right to
accept or deny any requests for telephone or absentee
bidding.
In carrying a bid, bidders assume their personal responsibility
to pay the hammer price as well as all buyer’s fees and taxes
chargeable to the buyer. Unless a written agreement established
with Claude AGUTTES SAS, prerequisite to the sale, mentioning
that the bidder acts as a representative of a third party approved
by Claude AGUTTES SAS, the bidder is deemed to act in his or
her own name.
We remind our sellers that bidding on their own items is
forbidden.
COLLECTION OF PURCHASES
The lots not claimed on the day of the auction, can be
retrieved at Drouot storage service.
Buyers are advised to collect successful lots as soon as
possible to avoid handling and storage costs which may be
incurred at their expense.
The auctioneer is not responsible for the storage of purchased
lots. If payment is made by wire transfer, lots may not be
withdrawn until the payment has been cleared, foreign cheques
are not accepted.
From the moment the hammer falls, sold items will become the
exclusive responsability of the buyer. The buyer will be solely
responsible for the insurance, L’Hôtel des Ventes de Neuilly
assumes no liability for any damage to items which may occur
after the hammer falls.
The purchased lots will be delivred to the buyer in person.
Should the buyer wish to have his/her lot delivered to a third
party the person must have a letter of authorization along with a
photocopy of the identity card of the buyer.
Export formalities can take 2 or 3 months to process and are
within buyer’s province. Please contact the Hôtel des ventes de
Neuilly if you need more information concerning this particular
matter.
PAYMENT
We recommend that buyers pay by credit card or electronic
bank transfer.
In compliance with Article L.321-14 of French commercial law, a
property sold at auction can be delivered to the buyer only once
the auction firm has received payment or complete guarantee
of payment.
Legally accepted means of payment include:
• Cash (article L.112-6, L.112-8 and Article Article L.112-8
paragraph 2 of the Monetary and Financial Code)
· max. € 1,000
· max. €10,000 for private individuals who have their tax domicile abroad (upon presentation of a valid passport)
• Payment on line (max 1500 €)
http://www.aguttes.com/paiement/index.jsp
• Electronic bank transfer
The exact amount of the invoice from the buyer’s account and
indicating the invoice number. (Note: Bank charges are the
buyer’s responsibility.)
Banque de Neuflize, 3 avenue Hoche 75008
Titulaire du compte : Claude AGUTTES SAS
Code Banque 30788 – Code guichet 00900
N° compte 02058690002 – Clé RIB 23
IBAN FR76 3078 8009 0002 0586 9000 223 –
BIC NSMBFRPPXXX
• Credit cards (except American Express and distance payment)
• Cheque (if no other means of payment is possible)
· Upon presentation of two pieces of identification
· Important: Delivery is possible after 20 days
· Cheques will be deposited immediately. No delays will be
accepted.
· Payment with foreign cheques will not be accepted.
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.
