GENERAL TERMS AND CONDITIONS OF SALE FOR BUYERS
SELARL SEINE OUEST is a judicial officers' office authorized to conduct so-called "judicial" sales (by court decision).
SAS AGUTTES is a voluntary public auction operator, registered with the Conseil des maisons de vente (Auction Houses Council) and governed by Articles L.321-4 and following of the French Commercial Code. As such, AGUTTES / SEINE OUEST acts as the seller’s agent in dealings with the successful bidder.
These General Terms and Conditions of Sale (“GTC”) govern the relationship between AGUTTES / SEINE OUEST and bidders for public auctions and private treaty sales organized by AGUTTES / SEINE OUEST. By participating in an auction held by AGUTTES / SEINE OUEST, including through an online platform, the bidder agrees to be bound by these GTC. By registering to bid and/or by placing a bid during a sale, the bidder accepts these GTC. Therefore, bidders are advised to read them carefully.
These GTC may occasionally be amended at the discretion of AGUTTES / SEINE OUEST. GTC specific to a sale and included in the sale catalogue may also be amended in writing and/or orally by AGUTTES / SEINE OUEST prior to the sale. These amendments will be recorded in the official minutes of the sale. As voluntary and judicial auctioneers, AGUTTES / SEINE OUEST are subject to the obligations outlined in Articles L.561-2 14° and following of the French Monetary and Financial Code relating to anti-money laundering and counter-terrorism financing, which they are required to enforce.
I - THE ITEM OFFERED FOR SALE
Special notations in the catalogue: The following notations have the respective meanings:
- + Lots part of a judicial sale pursuant to an order of the Judicial Court, subject to a buyer’s premium of 14.28% incl. VAT.
- ° Lots in which AGUTTES / SEINE OUEST or one of its partners has a financial interest.
- * Lots under temporary import: subject to a fee of 5.5% incl. VAT on the hammer price for artworks, collectibles and antiques (20% for wines, spirits, jewelry, and multiples), payable by the buyer in addition to the buyer’s premium and hammer price. These fees may be waived upon presentation of customs documentation proving the lot was re-exported outside the EU within the legal timeframe and in compliance with the new VAT rules effective January 1, 2025.
- ¤ Goods sold under the general VAT scheme (on the total amount).
- # Lots viewable by appointment only.
- ~ Lots made from materials derived from animal species. Import restrictions may apply.
- = Lots duly identified and subject to a deposit.
Lot descriptions: Information listed in the catalogue by AGUTTES / SEINE OUEST and any associated expert is based on information available and knowledge as of the date of writing. Only the French version is binding; translations are provided for convenience only. Descriptions may be amended up to the time of the sale, either in writing or orally. These changes will be recorded in the official minutes of the sale, which serve as legally binding documentation.
No additional guarantees are provided by AGUTTES / SEINE OUEST; only the seller may be held liable for hidden defects and any applicable legal warranty of conformity (excluded for second-hand goods). A certificate of authenticity is only provided if explicitly stated in the lot description.
Dimensions, weight, and other lot information are given for guidance only and subject to a reasonable margin of error. Imperial unit conversions (inches) are provided for informational purposes only and are non-binding.
Conservation-related restorations that do not alter the original character of the lot—especially regarding its age and style—and that do not fundamentally change its nature, will not be mentioned in the description.
The absence of mention of restoration, defect, damage, or incident in the catalogue or condition reports does not imply that the lot is free from past or present faults or repairs. Conversely, mention of a defect does not exclude the possibility of other issues. Statements, guarantees, or promises made by AGUTTES / SEINE OUEST representatives but not included in the catalogue shall not constitute valid grounds for liability.
Lot condition: Lots are sold as-is at the time of sale, including all imperfections and defects. As second-hand goods, no warranty on their condition is offered by AGUTTES / SEINE OUEST.
Any references to a lot's condition in a catalogue, image, description, or condition report (provided for information only) cannot be considered a complete description of its condition. Descriptions, condition reports, and photographs are for guidance only and should not replace the bidder’s personal inspection prior to the sale, as detailed below. Condition reports and photos are available upon request and provided for reference only.
Lot exhibition: Potential bidders are expressly encouraged to inspect the lots and any supporting documentation before the sale, either during a private appointment or during the pre-sale public exhibition, to verify their condition. They are advised to be accompanied by an expert in the relevant field for a more detailed assessment.
Photographs of lots: All defects and imperfections may not be visible in catalogue photos, online listings, or other communication materials. Photographs may not accurately represent a lot’s true condition and may differ from how a direct observer perceives it (size, color, etc.).
Estimates: Estimates are based on available technical knowledge, the lot’s quality, provenance, condition, and market trends at the time of valuation. They are provided for guidance only and do not imply any guarantee the lot will sell at the estimated price. Bidders are advised that estimates may vary depending on market fluctuations and the specific characteristics of each lot.
Condition reports: Condition reports, additional photos, and related documents are available upon request up to 24 hours before the sale. They should be reviewed prior to bidding.
II – THE SALE
Registration for the sale:
Important: The standard and primary method for bidding is to be physically present in the auction room.
As an additional service, AGUTTES / SEINE OUEST offers potential buyers other means of bidding, subject to prior registration no later than 6:00 p.m. on the last working day before the sale:
- By telephone:
- Any person may register by contacting bid@aguttes.com to bid live via telephone during the auction. The bid request must be submitted in writing using the appropriate form, along with bank details, a copy of the bidder’s ID, and a company registration certificate (Kbis). AGUTTES / SEINE OUEST offers this telephone bidding service free of charge.
- The bidder must receive a confirmation email from AGUTTES / SEINE OUEST in order to be called during the auction.
- By absentee bid:
- Any person may submit written absentee bids to AGUTTES / SEINE OUEST. The bid must be submitted using the appropriate form, accompanied by bank details and a copy of the bidder’s ID. AGUTTES / SEINE OUEST processes absentee bids free of charge.
- If the request is submitted by email to bid@aguttes.com, a confirmation email must be received from AGUTTES / SEINE OUEST. No unlimited bids will be accepted. If AGUTTES / SEINE OUEST receives multiple bids of the same amount on a lot, the oldest bid will be given priority.
- Online via Live platforms:
- Bidders may register with various Live platforms to participate in the auction remotely, electronically. Bidders using Live platforms are informed that fees charged by these platforms are at their sole expense and are added to the buyer’s commission. The platform fees are typically as follows*:
- 1.80% incl. VAT for Drouot Digital
- 3% incl. VAT for Invaluable
- 3% incl. VAT for 51Bidlive
- 3.60% incl. VAT for Interencheres (except for vehicles, which incur a fee of €48 incl. VAT per vehicle)
- (These percentages are subject to change; users must verify them before bidding)
Bidder identification procedure:
In accordance with its anti-money laundering and counter-terrorism financing obligations (AML/CFT), potential buyers are requested to identify themselves to AGUTTES / SEINE OUEST to allow the registration of their personal data. AGUTTES / SEINE OUEST reserves the right, at its sole discretion, to request from any potential bidder:
- For individuals: proof of identity
- For legal entities: a Kbis extract dated within the last three months (only the legal representative or duly authorized persons may bid)
- In all cases: a security deposit, bank references, and disclosure of the source of funds in line with AML/CFT obligations.
All sold lots will be invoiced in the name and address of the bidder, and no changes may be made after the sale. The bidder is presumed to be acting on their own behalf and agrees to pay for the lot personally and immediately. They are solely responsible for their bid unless they have disclosed that they are acting as an agent under the conditions below. Any false statement will incur the bidder’s liability.
In case of failure to meet identification or AML/CFT obligations, AGUTTES / SEINE OUEST may prohibit the bidder from participating, or cancel or rescind the sale.
Deposit:
For certain sales or lots duly identified, AGUTTES / SEINE OUEST reserves the right to require a deposit of a specified amount from potential bidders prior to the sale, along with other guarantees and/or necessary bank references.
Bidders are requested to contact AGUTTES / SEINE OUEST no later than three business days before the sale to verify their credentials.
Deposits must be made in euros via bank transfer or credit card at: https://https://AGUTTES / SEINE OUEST .com/depot-caution.
If the bidder does not win a lot, the deposit will be refunded within 5 business days after the sale, without interest and subject to any rights of set-off. The bidder acknowledges and agrees to bear any loss due to currency exchange fluctuations or bank charges related to the refund.
Third-party representation:
All bidders are presumed to bid on their own behalf and are solely responsible for the bid. Bidders acting on behalf of another must notify AGUTTES / SEINE OUEST during the identification and registration process, providing a copy of the mandate and any other documents requested. In such a case, both the bidder and the principal will be held jointly liable.
Auction management:
The auctioneer supervises the sale, ensuring fairness and equality among bidders and adhering to professional standards. The auctioneer controls access to the auction room and may refuse entry for just cause.
They may also refuse any bid, organize the bidding process as deemed appropriate, and move, remove, group, or split lots at their discretion.
Hammer fall (adjudication):
The highest and final bidder shall be declared the buyer, regardless of the bidding method (written bid, online, telephone, in person, etc.). The sale is finalized when the word “Adjugé” (“Sold”) is announced by the auctioneer, forming a binding contract between the seller and the buyer.
Each lot is identified by a number corresponding to its listing in the auction catalog.
Sellers are not allowed to bid on their own lots.
In the case of a tie bid recognized by the auctioneer, the lot will be re-offered for sale, and all present bidders may participate.
Withdrawal:
All bids and sales are final. Each bid commits the bidder. The buyer may not withdraw, regardless of whether they bid in person, by phone, online, or via absentee bid.
Transfer of risk and ownership:
Ownership and risk are transferred to the buyer upon the pronouncement of the word “Adjugé” by the auctioneer.
AGUTTES / SEINE OUEST disclaims all responsibility for any loss or damage to lots after the sale. Buyers must insure their purchases immediately after the hammer falls.
V – EXPORTATION
In the case of a buyer’s invoice addressed abroad, it is specified that certain lots are subject to export formalities (applications for certificates for cultural property, export licenses). These lots can only be delivered to a duly authorized shipping agent. All formalities are the responsibility of the buyer and may require a delay of up to four months. AGUTTES / SEINE OUEST is available to assist its buyers in navigating these procedures or forwarding requests to the relevant authorities. However, AGUTTES / SEINE OUEST cannot be held responsible for delays, refusals, or any other unfavorable administrative decisions, nor for any failure to comply with export regulations. Export delays or administrative refusals shall in no case justify non-payment or delayed payment by the buyer, nor justify cancellation or modification of the sale. The buyer is solely responsible for all applicable formalities and administrative deadlines, which they undertake to comply with.
VI – SPECIAL CONDITIONS
1 – Buyer’s Premium Calculation
In addition to the hammer price, the buyer shall pay the following fees per lot:
- For judicial sales conducted under the authority of SEINE OUEST judicial officers:
- 11.90% excl. VAT, i.e., 14.28% incl. VAT
- For sales in the departments of Jewelry, Watches, Impressionist and Modern Paintings, Old Master Paintings and Drawings, Design, Furniture and Art Objects, Early Period, Inventories and Collections (with decreasing rates):
- 25% excl. VAT, i.e., 30% incl. VAT on the first €900,000;
- 23% excl. VAT, i.e., 27.6% incl. VAT beyond €900,001
- For catalogued sales in the departments of Jewelry, Contemporary Art, Asian Painters & Arts (with decreasing rates):
- 26% excl. VAT, i.e., 31.2% incl. VAT on the first €900,000;
- 23% excl. VAT, i.e., 27.6% incl. VAT beyond €900,001
- For Violin and Bow sales:
- 20% excl. VAT, i.e., 24% incl. VAT
- For Wine & Spirits sales:
- 20.8% excl. VAT, i.e., 25% incl. VAT
- For Book and Manuscript sales benefiting from reduced VAT:
- 25% excl. VAT, i.e., 26.37% incl. VAT
- For Automobilia sales:
- 26% excl. VAT, i.e., 31.2% incl. VAT
- For Classic Car sales (with decreasing rates):
- 16% excl. VAT, i.e., 19.2% incl. VAT on the first €900,000;
- 12% excl. VAT, i.e., 14.4% incl. VAT beyond €900,001
2 – Storage Fees
Storage of adjudicated goods from auctions or private treaty sales not collected by the buyer within 15 days (including the sale day) will incur the following fees (every started day or week is due):
- Jewelry and/or Watches: €30 excl. VAT per day
- Wine: €1 excl. VAT per bottle per day, not including any additional fees charged by iCave
- Vehicles: Flat-rate transport and storage fee of €350 excl. VAT, plus €40 excl. VAT per day starting from the Wednesday following the sale
- Other lots: 0.01% excl. VAT of the hammer price per day per lot
3 – Mechanical and Electrical Items
Mechanical or electrical items offered for sale by AGUTTES / SEINE OUEST are sold solely as decorative objects. As second-hand goods, AGUTTES / SEINE OUEST makes no warranty regarding their working condition or performance. Buyers are advised to view the lots during public exhibitions with a relevant expert and to have the mechanical or electrical parts inspected by a professional before use.
4 – Watches and Clocks
All horology items are second-hand and may have undergone repairs involving replacement parts that may not be original. AGUTTES / SEINE OUEST gives no warranty on the authenticity, condition, or originality of any watch components.
Clocks may be sold without pendulums, weights, or keys unless specifically stated otherwise. Watch straps may not be original or authentic.
Vintage watches require regular maintenance and may need repairs. These costs and checks are the sole responsibility of the buyer.
AGUTTES / SEINE OUEST recommends that buyers have watches checked by a professional watchmaker before use. Buyers are responsible for verifying the condition of the item.
5 – Jewelry / Stones, Gold and Precious Metals
Some lots containing gold, platinum, or silver may be subject to inspection by the territorial hallmarking office for alloy testing and stamping prior to sale. AGUTTES / SEINE OUEST accepts no liability for the hallmarking office’s conclusions.
Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to enhance appearance (e.g., heating, oiling). These methods are industry standard but may affect durability and care needs.
AGUTTES / SEINE OUEST cannot determine if a diamond is natural or synthetic without a gemological lab test. If tested, a gemology report will be provided.
Any gemstone may have been treated to enhance its quality. Buyers may request a gemology report, provided the request is made at least two weeks before the sale and the buyer pays related fees.
Absence of a certificate does not guarantee that stones have not been treated.
When AGUTTES / SEINE OUEST provides reports from internationally recognized labs, these are mentioned in the catalogue. Due to differences in methodology, labs may not agree on treatment status or extent. The lab's report reflects its opinion at the date of issue.
AGUTTES / SEINE OUEST does not guarantee and is not liable for the content of such gemology reports.
6 – Furniture
Unless expressly stated, keys are not guaranteed to be present with furniture lots. The buyer acknowledges that lack of keys cannot justify refusal of payment or a complaint.
7 – Protected Plant and Animal Species
Items partially or fully made from endangered/protected flora or fauna materials are marked with the symbol ~ in the catalogue. Strict regulations govern the commercial use of such materials, particularly ivory.
Buyers are informed that many countries ban or require permits for importing/exporting such materials. Buyers are solely responsible for complying with relevant laws and securing all necessary permits. AGUTTES / SEINE OUEST cannot be held liable for any export/import issues or failures and such issues do not justify cancellation of the sale.
8 – Wine
Older wine bottles may naturally be fragile due to age or transport. AGUTTES / SEINE OUEST is not responsible for the condition of corks.
Wine sales are based on catalogue descriptions; lots cannot be collected immediately after the sale. Collection is by appointment only. Buyers must email their paid invoice to: retraits.AGUTTES / SEINE OUEST@icave.eu.
Lots will be available for collection at iCave: 5 Chemin des Montquartiers – 92130 ISSY-LES-MOULINEAUX – FRANCE.
9 – Automobiles
Lot Descriptions: Unless otherwise stated, vehicle descriptions (model, type, year) follow the registration documents.
Lot Condition:
- Vehicle condition may vary between catalogue listing, sale day, and pickup.
- Vehicles may be sold without roadworthiness inspection due to age, condition, or race car status.
- Imported vehicles may lack a valid French inspection.
- Older vehicles do not meet modern safety or performance standards; buyers should exercise caution. Buyers are advised to inspect oil, tire pressure, etc., and restart the vehicle safely before use.
Buyer Responsibilities:
- Handle all registration formalities at their own expense within legal deadlines.
- Arrange for vehicle transport at their own cost and risk.
Collection and Storage:
Buyers will receive an email the day after the sale with contact details, storage location, and fees for collecting the vehicle.
Vehicles are stored near Paris in a secure facility and can be collected by appointment from the Tuesday following the sale, after full payment.
Risk transfers to the buyer at adjudication. AGUTTES / SEINE OUEST is not liable for any incidents during transfer or storage. Buyers must insure their purchases.
AGUTTES / SEINE OUEST disclaims liability for any damage occurring after the sale.
Export Passport:
French cars over 75 years old and over €50,000 require an export passport for leaving France and an export license for leaving the EU. These formalities take ~3 months (passport) + 1 month (license).
AGUTTES / SEINE OUEST is not responsible for delays. No car will be released without this document.
Refusal of such documents does not justify non-payment or cancellation of the sale.
X- CUSTOMER SATISFACTION
If a client believes they have not received a satisfactory response, they are advised to first contact the head of the relevant department directly and as a priority.
If no response is received within the specified timeframe, the client may then contact the Customer Service department at serviceclients@aguttes.com. This service is attached to the Quality Management Department of SVV AGUTTES.