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.
~ 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
In accordance with the law, the information given in the catalogue is
the responsibility of SAS Claude AGUTTES and its expert, 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.
The order of the catalog will be followed.
There is no public exhibition during the period of confinement. Also
the photos produced in the catalog are worth exhibition. 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.
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.
Important: During the confinement period, sales are made behind closed
doors with live transmission.
TELEPHONE BIDDING: We accept to receive telephone bids from a
potential buyer who has come forward prior to the sale. We cannot be
held liable in particular if the telephone connection is not established,
is established late, or in the event of errors or omissions relating to the
reception of bids by telephone.
ORDERS TO BUY: We accept the bidding orders that have been
transmitted. We are not liable in particular in the event of an error or
omission in the written order.
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.
It is necessary to register beforehand and make sure that the registration
is validated. A bidding ceiling may be announced according to the
sales, it is necessary to deposit a deposit beforehand in order to bid
freely during the sale. The buyer via this platform or any other platform
proposed for live purchases is informed that the fees charged by these
platforms will be at his expense (a commission of 1.80% including tax
(fees 1.5% excluding tax and VAT 0.30%) cf. Auction via Drouot Digital).
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 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. 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, he has to mail
his instructions with the proxy to buyer@aguttes.com and the third party
has to present his passeport.
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 : 1.1% TTC commission will be charged for invoices > 50 000€.
• 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 invoice > 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.
