SAS AGUTTES (“AGUTTES”) is an operator of voluntary public auctions,
declared to the Voluntary Sales Board and governed by Articles
L.321-4 et seq. of the French Commercial Code. In this capacity
AGUTTES acts as agent of the seller who contracts with the auction
winner.
These General Terms and Conditions of Sale (“GTC”) govern the relationship
between AGUTTES and bidders for public auctions and negotiated
sales organised by AGUTTES.
AGUTTES may modify the GTC in writing or orally prior to the sale of
the lot. These modifications will be mentioned in the report of the sale.
I - THE PROPERTY OFFERED FOR SALE
Description of lots: The indications given in the catalogue are the responsibility
of AGUTTES and its expert, subject to the provisions mentioned
below. Only indications in French are binding on AGUTTES
to the exclusion of translations, which are free. They may be modified
or corrected until the time of the sale in writing or orally. These
modifications shall be recorded in the report of the sale, which shall
have probative force.
No other guarantee is given by AGUTTES, it being recalled that only
the seller shall be bound by the guarantee against hidden defects and
the legal guarantee of conformity. A certificate of authenticity of the lot
will only be available if mentioned in the description of the lot.
The dimensions, weights and other information (state, mileage, etc.) of
the lots are given as an indication with a reasonable margin of error.
For administrative reasons, the designations of the vehicles (model,
type, year, etc.) include, unless otherwise stated, the information on
the registration certificates.
Restorations carried out as a precautionary measure, not altering the
age and style characteristics, and not making any change to the specific
nature of the lot, will not be mentioned in the description.
The absence of any indication of restoration, accident or incident in
the catalogue or reports shall in no way imply that the vehicle is free
from any defect present, past or repaired. Conversely, the mention of
any defect does not imply the absence of other defects.
The particular information in the catalogue has the following
meanings:
+ Lots forming part of a court-ordered sale following an order of the
Court of Justice, fees and expenses: 14.40% incl. tax;
° Lots, in which AGUTTES or one of its partners has financial interests;
* Temporary import lots: and subject to a fee of 5.5% for books and
“collection cars” or 20% for cars other than “collection car” and multiples
(e.g. F1 casks), to be borne by the buyer in addition to the selling
costs and the auction price, unless the buyer is outside the EU;
¤ Goods sold under the general VAT regime (for the total);
# Lots visible only by appointment;
~ Lots made from materials from animal species. Import restrictions
are to be provided for.
Condition of lots: The lots are sold in the condition in which they are
found at the time of sale with their imperfections and defects. Since lots
are second-hand goods, no guarantee can be given on the condition
thereof. It is specified that the condition of an automobile may vary between
the time of its description in the catalogue, that of its presentation
for sale and until the auction winner takes possession of the lot.
References to the condition of a lot in a catalogue or condition report
may not be considered as an exhaustive description of the condition
of said lot. They may not under any circumstances replace the personal
examination of the lot as indicated below. Condition reports will be
sent upon request and for information purposes.
Vehicles may be sold without technical inspection due to age,
non-running condition or competition character. Vehicles from abroad
are presented without French technical control. The offered vehicles
are from a time when safety conditions and performance were lower
than today. High caution is recommended to buyers during the first
takeover. It is particularly recommended, prior to any use, to carry
out a restart and to carry out all the checks necessary for the proper
functioning of the vehicle (oil level, tire pressure, etc.).
Lot exposure: Potential bidders are invited to personally examine the
lots and documents available for each vehicle (registration certificate,
technical inspection, etc.) prior to sale at a private meeting or public
display prior to sale in order to check the condition of the vehicle. Buyers
are advised to be accompanied by an automotive professional.
Reproduction of lots: Not all defects and imperfections of the batches
are visible on the photographs of the batches reproduced in the
catalogues, online or on any communication medium. Photographs
may not give a fully faithful image of the actual condition of a lot and
may differ from what a direct observer will receive (size, colour, etc.).
Estimates: The estimates are based on the state of technical knowledge
on the day of the estimate, the quality of the lot, its origin, condition
and the market price on the day of the estimate. They are provided
for information purposes only and cannot be considered as a guarantee
that the lot will be sold at the estimated price.
II - THE SALE
Registration for sale: Important: the normal and priority method to
bid is to be present in the sales room. As a service, other modes are
possible that require prior registration:
- By telephone: AGUTTES accepts, free of charge, to receive bids by
telephone only for bidders who reported before 6 p.m., on the last
business day before the sale. The potential bidder must have received
a prior confirmation email from AGUTTES to be called.
- By purchase order : Any person previously registered and wishing
to bid will have the option to request the registration of purchase
orders from AGUTTES on their behalf. The order must have been communicated
in writing before 6 p.m. on the last business day before
the sale, and the bidder must have received a confirmation email
from AGUTTES to be called. No unlimited order will be accepted.
If AGUTTES receives multiple purchase orders for identical auction
amounts, the oldest order will be selected.
- Online via Live platforms: The possibility of online auctions is offered
on technical platforms allowing remote participation in auctions electronically,
upon prior registration. The purchaser via the Live platforms
is informed that the fees charged by these platforms will be borne
exclusively by it.
Participation in the auction by telephone, internet or order is carried
out at the risk and peril of the bidder, AGUTTES cannot be held liable
in the event of nonparticipation of the auction bidder for any reason
whatsoever, particularly in the event of malfunction or failure to perform
(no response from the bidder, error, interruption or omission in
the reception of bids). In the event of malfunction or interruption of the
telephone or live service, the auction may be continued by AGUTTES.
Procedure for identifying bidders: AGUTTES reserves the right to
ask any potential bidder to prove its identity and for a legal entity, a
Kbis extract less than three months old, it being specified that only
the legal representative of the company or any duly authorised person
may bid for and its bank details. In the event of non-compliance with
the identification procedures, AGUTTES reserves the right to refuse its
registration for the auction. All lots sold will be invoiced in the name
and address of the registration slip. No subsequent modification may
be made. The bidder is deemed to act in its own name and will be
solely responsible for the auction brought unless it is informed beforehand
of its capacity as agent under the conditions indicated below.
Any false indication shall incur the liability of the auction winner.
Mandate by a third party: The bidder with a mandate must inform
AGUTTES during the identification and registration procedure and
produce a copy of the mandate and any other documents requested
by AGUTTES. In such a case, the bidder and the principal shall be
jointly and severally liable.
Sales management: AGUTTES will manage the sale on a discretionary
basis, ensuring the freedom of bidders and equality between all
bidders, while respecting the practices established by the profession.
Awarding: The highest and the last bidder will be the auction winner,
with all accepted means combined (order, internet, telephone, onsite,
etc.). The awarding is evidenced by the pronouncement of the
word “Sold”, which forms the sale agreement between the seller and
the auction winner.
Each lot is identified with a number corresponding to the number assigned
to it in the sales catalogue.
It is forbidden for sellers to bid directly on the lots belonging to them.
In the event of a simultaneous “double-auction” recognised by the
auctioneer, the lot will be put back for sale, with all bidders present
being able to participate in this second auction.
Withdrawal: Each auction and bid is final and is binding on the auction
winner, it being recalled that the auction winner may not withdraw
either in the room, by telephone, online or on a purchase order.
Transfer of risk and ownership: The transfer of ownership and risks
between the seller and the auction winner takes place by the word
«sold» by AGUTTES. AGUTTES disclaims all liability for losses and
damages that the lots may suffer from the date of the award, with the
auction winner having to insure the lots acquired as soon as the award
is awarded.
III - COMPLETION OF THE SALE
Sale commission: In addition to the auction price, the auction
winner shall pay the buyer's fees, per lot, calculated as follows:
For cars:
- 16.667% excl. tax + VAT at the rate in force, i.e. 20% including
tax up to €900,000 inclusive;
- 12% excluding tax + VAT at the rates in force, i.e. 14.4% including
tax on the tranche of the auction price greater than
€900,001.00
For Automobilia objects: 20% excl. tax + VAT at the rate in force
i.e. 24% incl. tax
In addition to the auction price and the buyer’s fees, the auction winner
must pay all taxes and duties including VAT as well as any handling
and storage costs.
Payment of the sums due must be made “in cash” by the auction
winner, as soon as the award is made. Payment is made in euros,
excluding any bank fees.
VAT: The VAT rate is 20% (or 5.5% for books). In principle, unmarked
lots will be sold under the VAT on gross margin system. The purchase
commission and overhead costs will be increased by an amount in
lieu of VAT, which will not be separately mentioned in our slips.
By way of exception, and at the request of the seller, the general VAT
system may be applied for goods offered for sale by an EU professional
at its request. These goods will be marked by the ¤ sign.
Possible VAT refunds:
1- The professional of the European Union, (i) with an intra-Community
VAT number and (ii) providing proof of the export of lots from France
to another Member State;
2- Non-residents of the European Union on the supply of (i) a customs
export document, on which AGUTTES appears as sender (ii) when
the export occurs within two months of the auction date or the date of
obtaining the export permit.
Payment terms: Legal means of payment accepted by AGUTTES’
accounts (payments by credit card or wire transfer being strongly recommended):
- Credit card: bank charges, which usually vary between 1 and 2%,
are not borne by the firm;
- American Express card: a commission of 2.95% including tax will
be collected for all payments. Remote card payments and split payments
in several instalments for the same lot with the same card are
not allowed;
- Online payment up to €10,000 to https://www.aguttes.com/
paiement/index.jsp;
- Bank transfer: from the buyer’s account and indicating the invoice
number:
Banque de Neuflize, 3 Avenue Hoche 75008
Account holder: AGUTTES
Bank code 30788 – Sort code 00900
Account No. 02058690002 – RIB key 23
IBAN FR76 3078 8009 0002 0586 9000 223
BIC NSMBFRPPXXX
- Cash: Articles L.112-6 and D.112-3 of the French Monetary and Financial
Code: (i) Up to €1,000 for French tax residents or persons
acting for the purposes of a professional activity; (ii) Up to €15,000 for
individuals who have their tax domicile abroad (upon presentation of
passports and proof of address);
- Cheque (as a last resort): Upon presentation of two identity documents.
No time limit for cashing is accepted in the event of payment
by cheque. Issuance will only be possible twenty days after payment.
Foreign cheques are not accepted.
Other obligations of the auction winner: The auction winner must
carry out, under its responsibility and at its expense, all necessary
formalities within the legal deadlines for the change of registration of
the acquired vehicle.
The auction winner must organise the transport of the acquired lot
which will be carried out at its own risk and expense.
Defaulting auction winner: In the absence of cash payment by the
buyer, the property may be put back for sale upon reiteration of the
auctions at the request of the seller in accordance with the procedure
of Article L.32114 of the French Commercial Code. If the seller does
not make this request within three months of the auction, the sale shall
be automatically terminated.
In all cases, the defaulting buyer, due to its failure to pay, shall pay
to AGUTTES:
- All costs and incidentals incurred by AGUTTES relating to the collection
of unpaid invoices (including legal fees);
- Late payment penalties calculated by applying interest rates at the
statutory rate plus five points on all sums due;
- Damages to compensate for the loss suffered by AGUTTES (purchase
costs, fees and commissions, VAT, storage, etc.).
AGUTTES reserves the right to:
- Communicate the name and contact details of the defaulting buyer
to the seller in order to enable the latter to assert its rights.
- Exercise or have exercised all the rights and remedies, in particular
the right of retention, over any property of the defaulting buyer, of
which AGUTTES has custody;
- Prohibit the defaulting auction winner from bidding in the next sales
organised by AGUTTES or from making the possibility of tendering
there subject to the payment of a prior provision.
Lot collection and storage: A lot awarded may only be delivered
to the buyer after full payment of the purchase slip, collected in the
AGUTTES bank account.
The lots will be delivered to the purchaser in person after presentation
of any document proving his identity or to the third party appointed by
him and to whom he has entrusted an original power of attorney and
a copy of his identity document. The lot is collected at the auction
winner’s expense only.
Sale to the Musée de l'Aventure Peugeot: An email will be sent
the day after the sale to each buyer to indicate the contact, place
and amount to be paid to recover the vehicle. Vehicles are stored
on the evening of sale in the Peugeot Museum. They may be withdrawn
on business days by appointment from Tuesday following
the date of the sale.
The buyer shall pay, in addition to the sale amount and the costs,
a flat rate of €250 excluding tax for the handling and storage
of his vehicle. Beyond Friday, 4 November 2022, non-collected
vehicles will be transported at the expense of the new owner
(€1,000 excluding tax) in the Paris region. The daily parking cost
will be €45 excluding tax per day, each day started being due,
and will be paid when the vehicle is taken back, directly to the
company responsible for storage.
Resale of paid and non-collected lots: In the event that lots awarded
and paid for during an auction have not been collected by the
purchasers for more than one year, AGUTTES reserves the right to sell
them. The storage, custody, and all other costs incurred by AGUTTES
for the sale shall be deducted from the proceeds of such sale to the
benefit of AGUTTES. The balance shall be deposited in a bank account
provided for this purpose.
IV - PRE-EMPTION RIGHT
The French State may exercise a pre-emptive right on any public or
private sale of cultural property. The State has a period of 15 days from
the public sale to confirm the exercise of its pre-emptive right and
subrogate itself to the buyer.
V - EXPORT PERMIT
French cars over 75 years old at the time of sale and for an amount
greater than €50,000 are required to present an export permit if they
leave the French territory and an export licence if they leave the European
territory. These formalities take approximately three months for
permits and one additional month for licences. AGUTTES cannot be
held responsible for delays. No vehicle may be delivered without this
document. Under no circumstances shall AGUTTES be liable for the
refusal or delay of the administrative decision. The refusal to issue a
certificate may not under any circumstances justify a failure or delay
in payment by the buyer or a cancellation of the sale.
VI - APPLICABLE LAW AND COMPETENT COURT
Civil liability claims brought in connection with voluntary and judicial
actions and sales of furniture at public auction are time-barred after
five years from the award or takeover.
French law alone governs the GTC. Any dispute relating to their existence,
validity, performance and enforceability against any bidder
having the capacity of trader shall be decided by the Commercial
Court of Nanterre (France).
In the event that the bidder or buyer is not a trader, this dispute shall
be decided by the competent Court pursuant to the legal provisions.
The Government Commissioner to the Council for voluntary sales of
furniture by public auction may be mandated in writing in case of any
difficulty with a view to reaching an amicable solution, if applicable.
VII - PERSONAL DATA
The bidders are informed that AGUTTES may collect and process data
concerning them in accordance with the General Data Protection Regulation
no. 2016/679 of 27 April 2016 (GDPR) and the French Data
Protection Act no. 78-17 of 6 January 1978 amended by Law No. 2018-
493 of 20 June 2018 on the protection of personal data.
The data is collected for the purposes of managing their contractual
or pre-contractual relations (registration for sale, invoicing, accounting,
payments, communication, etc.). This data consists of information
such as: surname, first names, postal address, email address, telephone
number, bank details.
Bidders are informed that they have a right of access, rectification,
erasure, portability, opposition and limitation with regard to such data
with AGUTTES. Requests must be made in writing to: communication@
aguttes.com. Any complaint about the applicable data protection
legislation may be brought before the CNIL: www.cnil.fr.
VIII - INTELLECTUAL PROPERTY
AGUTTES is the owner of any right of reproduction of its catalogue.
Any reproduction of the same is prohibited and constitutes an infringement.
The sale of a lot does not in any way imply the assignment
of any intellectual property rights applicable (representation and/or
reproduction) to the work.
Photographers of the sale: Antoine PASCAL, Arthur CHAMBRE,
Kévin VAN KAMPENOUT, Baudouin JAGER, Loïc KERNEN, Raphaël
de SERRES.
IX - SPECIAL TERMS AND CONDITIONS
1 - Mechanical and electrical objects
The mechanical or electrical objects offered for sale by AGUTTES are
exclusively offered for decorative purposes. As they represent used
property, AGUTTES does not under any circumstances certify their
operating condition. We recommend that buyers come to see the lots
during their public exposure with an expert in this field, and to have
the electrical or mechanical mechanism checked by a professional
before any start-up.
2 - Protected plant and animal species
Objects partially or entirely made up of materials from endangered
and/or protected species of flora and fauna are marked by the symbol
~ in the catalogue. The legislator imposes strict rules for the commercial
use of these materials, in particular with regard to ivory trade.
Buyers are informed that the importation of any goods made up of
these materials is prohibited by many countries, or require a permit or
certificate issued by the competent authorities of the countries of export
and import of the goods. The purchasers are fully responsible for
the proper compliance with the regulatory and legislative standards
applicable to the export or importation of goods composed in part
or in full of materials originating from endangered and/or protected
species. Under no circumstances shall AGUTTES be liable for the
impossibility of exporting or importing such property, and this may not
be used to justify a request for cancellation of the 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.
