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.
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). Books (25% + VAT
amounting to 26,375%).
In addition to the hammer price and buyer’s premium, live auction buyers
will pay a 1,80% TTC (fees 1,5% HT + 0,30% VAT) commission to the Drouot
Digital platform.
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 which have been temporarily imported and are subject to a
buyer’s fee of 5.5% (20% for jewelry, motorcars, wines and spirits and
multiples - F1 helmet) in addition to the hammer price and sale fees.
# 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 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.
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.
BIDS THROUGH DROUOT DIGITAL OR OTHER LIVE PLATFORM
Live bidding is allowed during the auction. Bids are made through
drouotonline.com, which is a platform that allows remote electronic bidding.
Aguttes auction house will not be to blame for any technical difficulties
or malfunctioning of any kind that prevents buyers from bidding online
through live platforms. The break in transmission of a live bidding service
during the auction doesn’t necessarily justify its halt by the auctioneer.
COLLECTION OF PURCHASES
The lots not claimed on the day of the auction can be retrieved by
appointment : please contact the person in charge.
For lots placed in warehouses, costs and expenses will be at the buyer’s
charge.
For lots stored at Aguttes - except specific conditions if mentioned (Mobilier & objets d’art & Design) - 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 € / day for any other lot < 1m3 & 5 € / day / m3 for the ones > 1m3.
Buyers are advised to collect successful lots as soon as possible to
avoid handling and storage costs which will be required before collection
of purchase.
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 4 months to process and are the buyer’s
responsability. 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: 1.1% TTC commission will be charged for lots > 50 000€.
• American Express: 2.95%TTC commission will be charged.
• Distance payments and multi-payments for one lot with the same card
are not allowed.
• Cheques (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
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.
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.
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