THE UNVIRTUAL SALE

THE UNVIRTUAL SALE

Tuesday, February 8th, 2022 • 3pm

Public exhibition

From Saturday, February 5th to Tuesday, February 8th: 1 - 8 pm

(in the respect of the sanitary measures)

Virtual exhibition

Metaverse Unvirtual |

From Saturday, February 5th to Tuesday, February 8th: and by appointment with a meta-mediator: free access with registration unvirtual.fr

Registration is required to participate in the sale at bid@aguttes.com

CONDITIONS OF SALE

If a customer feels that he or she has not received a satisfactory response, he or she is advised to contact the head of the relevant department directly, as a matter of priority. In the absence of a response within the specified time limit, the customer may then contact customer service at serviceclients@aguttes.com, which is attached to the Quality Department of SVV Aguttes.

I- GENERAL TERMS OF SALE - AGUTTES

The sale will be conducted in Euros. The purchased lots will become available only after full payment has benne made. On lots 1 to 40: the buyers will pay, in addition to the bids, an Aguttes fee of 15% before tax or 18% including tax. On lots 41 to 50 included, by David Pons and whose proceeds will be donated to charity, there will be no Aguttes buyer's fee.

The buyers via the live platforms will pay, in addition to the bids and the buyers' fees an additional commission which will be entirely paid back to the platforms (see paragraph: Auctions via live platforms).

1A - GUARANTEES

In accordance with the law, the information given in the catalogue is the responsibility of SAS Claude AGUTTES, taking into account the corrections announced at the time of the presentation of the item in the sale report.

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. However, the photos are worth exhibition, and no claims will be admitted once the award is pronounced. The reproductions in the catalog of works are as faithful as possible, a difference in color or tones is nevertheless possible. The dimensions are only given as an indication.

The text in French is the official text which will be retained in case of dispute.

The descriptions in other languages and the indications of dimensions in inches are given only as an indication and cannot be at the origin of a complaint.

The state of conservation of the works is not specified in the catalog, the buyers are therefore obliged to ask for additional photos, videos and / or condition reports. No claim will be accepted concerning possible restorations or accidents once the auction has been pronounced. The condition reports requested from SAS Claude Aguttes and the expert before the sale are given for information only. They do not engage their responsibilities and cannot be the cause of a legal claim. Under no circumstances do they replace the personal examination of the work by the buyer or his representative.

1B - BIDS

The highest and final bidder will be the purchaser.

Should the auctioneer recognize 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.

By placing a bid, the bidders assume the personal responsibility of paying the auction price, increased by the costs to be paid by the buyer and by all taxes or duties due. Except in the case of a written agreement with SAS

Claude Aguttes, prior to the sale, mentioning that the bidder is acting as an agent of a third party identified and approved by SAS Claude Aguttes, the bidder is deemed to be acting in his own name. We remind our sellers that it is forbidden to bid directly on the lots belonging to them.

Important :

-BID IN THE ROOM: The normal way to bid is to be physically present in the auction room.

-BID ON THE PHONE: However, we accept to receive bids by telephone from a potential buyer who will have registered before the sale. We cannot be held responsible in particular if the telephone connection is not established, is established late, or in case of error or omission or any technical difficulties relating to the reception of bids by telephone.

-GIVE US YOUR ABSENTEE BID BEFORE THE SALE: We also accept absentee bids submitted prior to the sale. Aguttes won’t be held responsible in case of errors and omissions with the execution of the written bids.

We reserve the right to accept or deny any requests for telephone or absentee bidding.

1C - BIDS THROUGH LIVE PLATFORM

It is also possible to bid live without being physically in the auction room. These bids are carried out on technical platforms allowing remote participation in auctions by electronic means. It is necessary to register beforehand and to ensure that the registration is validated. A bidding limit may be announced at the time of your registration. In this case, it is advisable to give a deposit beforehand directly on the platform in order to be able to bid freely during the sale. The buyer via the platform for live purchases is informed that the fees charged by these platforms will be at his exclusive charge. As an indication, for Drouot digital, a commission of 1.80% including VAT (1.5% excluding VAT) and for Invaluable, a commission of 3% including VAT (2.4% excluding VAT)…

Aguttes may not be held responsible for the interruption of a Live service during a sale or for any other malfunction that may prevent a buyer from bidding via a technical platform offering the Live service. The interruption of a Live auction service during the course of a sale does not necessarily justify the auctioneer's stopping the auction.

1D - COLLECTION OF PURCHASES

The lots not claimed on the day of the auction can be retrieved by appointment: please contact the person in charge.

Buyers are advised to collect successful lots by the carrier of their choice as soon as possible to avoid handling and storage costs which will be required before collection of purchase. In case of impossibility to remove the batches due to the current sanitary crisis, these deadlines will exceptionally be extended according to a specific agreement with the sales department concerned.

The auctioneer is not responsible for the storage of purchased lots. From the moment the hammer falls, sold items will become the exclusive responsibility of the buyer. The buyer will be solely responsible for the insurance, SAS Claude AGUTTES assumes no liability for any damage to items which may occur after the hammer falls.

The purchased lots will be delivered 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.

1E - 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 :

• 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.)

Account:

Claude AGUTTES SAS - IBAN FR76 3078 8009 0002 0586 9000 223

BIC NSMBFRPPXXX

Banque de Neuflize, 3 avenue Hoche 75008 - Code Banque 30788

Code guichet 00900 - N° compte– Clé RIB 23

• Credit cards: bank fees, which usually range from 1 to 2%, are the buyer’s responsibility

• American Express: 2.95%TTC commission will be charged.

• Payment on line http://www.aguttes.com/paiement/index.jsp

• Distance payments and multi-payments for one lot with the same card are not allowed

1F - PAYMENT DEFAULT

Settlements are cash. In the event of late payment on winning bids SAS CLAUDE AGUTTES will claim the legal rate of interest, plus five percent. A minimum fee of €500 will also be due for any other costs incurred by reason of default, including the following in the case of resale on false bidding :

- The difference between the price at which the lot was auctioned and the price obtained at its resale;

- The costs incurred by new auctioning.

1G - 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. 

II- SPECIAL CONDITIONS LINKED TO THE ACQUISITION OF A PHYSICAL WORK ACCOMPANIED BY ITS NON-FUNGIBLE TOKEN (NFT) – AGUTTES

2A - PREAMBLE - TRUSTED THIRD PARTY

The NFT accompanying the work of art sold at public auction is stored before the sale in the dedicated AGUTTES wallet as a trusted third party.

The AGUTTES wallet can be freely consulted according to the indications specified on the description of the lot on aguttes.com, it corresponds to an escrow wallet which guarantees to the winning bidder the final delivery of

the NFT.

2B - MORE DETAILS CONCERNING THE DESCRIPTION OF THE LOT

The work sold is accompanied by its NFT.

NFT stands for Non Fungible Token. A token is a digital asset issued by a unique blockchain and based on digital art.

The NFT associated with the work being auctioned is a digital work that is separate from the physical work being offered. Like any object or cryptocurrency, the lot offered has the value that one agrees to give it on the day of its sale.

The NFT, a digital work, is not a tangible personal property. Thus, given its intangible nature, the successful bidder cannot in any way demand a physical delivery of the NFT.

The adjudication of a physical work and its NFT, sold as a digital work, in one and the same lot makes the last bidder the adjudicator of the physical work to which is attached his NFT, digital work.

The NFT being an intangible personal property, its state, its consistency, its visual and its description are available on the AGUTTES escrow wallet.

The description of the states and the presentation of the lot (physically or remotely) are worth prior exposure of the lot and its associated NFT.

By purchasing a lot from the sale, the winning bidder becomes the owner of various elements that make him the one and only collector owner of this lot including the NFT described in the digital certificate. The NFT being a

collector's item, it does not confer any copyright or any commercial right to its owner, as it is specified in the Smart Contract.

AGUTTES cannot be held responsible for the information given on the lot to be sold or its associated NFT and whose precise description is communicated in the Smart Contract. It is thus up to the bidder to take knowledge before the sale of all the elements, of which in particular the Smart Contract.

The digital certificates issued by the creators of the NFTs trace all the precise historical elements linked to them and attest to the identity of the owner of the NFT. The owner is free to keep the NFT in his collection. The owner is also granted a limited right to transfer the NFT under license, as specified in the Smart Contract, subject to legal rights, title and interest and related intellectual property rights. All information concerning the evolution of the successive owners of the NFT certificate is stored on the blockchain, a decentralized system of publicly accessible computers that allows perfect security as to the veracity of the information stored. Thus, the collector's purchase is totally secure and he is guaranteed the quality of his collectible.

2C - PRIOR REGISTRATION REQUIRED

All potential buyers must register prior to the sale at bid@aguttes.com.

Please enclose a copy of your ID, your bank details and also deposit a 10% deposit of the targeted amount on https://www.aguttes.com/depot-caution

2D - IN CASE OF PAYMENT BY CRYPTOCURRENCY

The sale will be made in cash and conducted in Euros, which will be the only reference value. However, it will be possible to pay in cryptocurrency. The only accepted crypto-currency will be ETH, ether.

In this case, to the amount initially due in euros (hammer price + buyer's fees) will be added the fees generated to perform the transaction on the blockchain. The payment will be executed on the day of the purchase (Paris

time zone) and will be based on the exchange rate at the exact moment of the payment. The exchange rate will be taken as an average of 3 indexes of https://cryptowat.ch/fr-fr/charts/KRAKEN:ETH-EUR at the time of payment, which is defined by the block in which the transaction is confirmed. If, for any reason (duration of the transactions, etc.), there is a difference of more than 1% of the agreed price that disadvantages the auction house, the buyer will have to pay the missing amount under the same conditions.

The wallet number to which the buyer should make the transfer is : 0x4aee372eba1e93f415659c8799804170135F8BaA

Payment must be made from a single wallet in the exact name of the successful bidder and managed by one of the organizations requiring proof of identity (KYC or Know Your Customer) such as : Binance, Fidelity, Gemini, Paxos, Kraken, ... Proof of transfer in the name of the successful bidder must be provided before the NFT is transmitted.

For this specific pre-registration, the registration must be made 24 hours the sale. It will also be obligatory to provide bid@aguttes.com with all the useful documents for a perfect verification of the above information.

2E - PURCHASE PAYMENT - TRANSFERT OF THE LOT

AGUTTES will not be responsible for any payment made by the successful bidder and not received by AGUTTES.

The successful bidder will have to provide AGUTTES with his Ethereum compatible wallet number in a secure and written way by email.

The successful bidder will have to prove that he has control of the wallet by signing a message https://app.mycrypto.com/sign-message and giving Aguttes the opportunity to verify the signed message or by waiving and returning an amount of ETH defined by Aguttes. He will be responsible for any error that would be related to a wrong wallet number that he would have provided to AGUTTES.

The winning bidder's wallet must be able to support and accept the NFT token.

At the request of the winning bidder, subject to the receipt of the physical work from the owner of the lot and the effective crediting of the buyer's payment, SAS CLAUDE AGUTTES will be able to transfer the NFT within 48 hours to the winning bidder's wallet.

2F - COSTS OF TRANSFERRING NFTS BETWEEN WALLETS

The successful bidder will be responsible for all costs of transferring NFT :

- between the lot former owner's wallet and the AGUTTES escrow wallet (fee that will be incorporated into the buyer's invoice)

- between the AGUTTES wallet and his personal wallet

2G - SALE CONDITIONS UPDATE

Given the novelty of this type of sale, the legal conditions governing them may oblige us to modify certain points in the conditions of sale before the sale.

From now on, we would like to inform you that the final conditions of sale at the time of the sale will be the ones that will be authoritative between us and that they will cancel the previous conditions of sale.

In case of major modification, an email will be sent to the registered bidders at 2pm on the day of the sale by AGUTTES. AGUTTES will not be held responsible for a bad reception or a non-reception of the final conditions of sale addressed to the bidder before the sale.

AGUTTES encourages bidders to carefully read the final conditions of sale just before bidding.

III- SMART CONTRACT

Effective Date: DAY OF THE SALE

The conditions described in the Smart Contract constitute a legally binding agreement between the buyer and the creator of the Smart Contract. By bidding during this sale on one or more lots, you officially attest:

- to have understood the conditions described in the Smart Contract of the lot(s) concerned,

- to have also understood the conditions of sale of SAS Claude AGUTTES,

- to accept the application of all these conditions.

IF YOU DO NOT ACCEPT THE WHOLE OF THESE CONDITIONS, YOU CANNOT PARTICIPATE IN THE AUCTION.