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.
From 1 to 150 000 € the buyer’s premium is 25% + VAT amounting to 30% (all taxes
included) and 23% of any amount in excess of 150 001€ over + VAT amounting
to 27.6% (all taxes included).
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 except for buyer out of CEE.
# 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 French text is the official text that will be
retained in the event of a 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 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. 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.
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 by appointment :
please contact the person in charge in this purpose.
For lots placed in wharehouses, costs and expenses will be at the buyer’s charge.
For lots stored at Aguttes, buyers are advised that the following storage costs will
be charged 15€/ day for lots < € 10,000, and 30€/ day for lots > € 10,000, € 3 per
day for all other lots < 1m3 and € 5/day/m3 for all those > 1m3.
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. 15 000 € for private individuals who have their tax domicile abroad (upon
presentation of a valid passport)
• Payment on line (max 10 000 €)
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). Multi-payments
for one lot with the same card are not allowed.
• 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.
PAYMENT DEFAULT
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.
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.
