GENERAL TERMS AND CONDITIONS OF AUCTION AUTOMOBILES AND AUTOMOBILIA 2024
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 with registered office at 164bis avenue Charles-de-Gaulle - 92200 Neuilly-sur-Seine, France and representative office in Belgium at 5 avenue Guillaume Macau, 1050 Ixelles, Belgium (vat number: BE 0725.838.132) 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 and / or orally prior to the sale.
These changes will be recorded in the minutes of the sale, which will be drawn up during the sale by a Belgian ministerial officer.
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 conditions 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 6% for books and “collection cars” or 21% 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;
= Deposit will be required for the lot.
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. Descriptions 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 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 required 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 priority bidding method is to be present in the auction room, which will be located in the Autoworld Museum, Parc du Cinquantenaire, 11, Brussels (1000), Belgium. 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 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. For information, the commissions on the auction price of the platforms used are as follows:
- 1.81% inc. VAT for Drouot Digital,
- 3% inclusive of tax for Invaluable,
- 48 40€ ncl. VAT per vehicle for Interenchères
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). Any malfunction or interruption of the telephone or live service will not prevent the auctioneer from continuing the auction, at his discretion.
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 client. 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.
Deposit: For certain sales or duly identified lots, AGUTTES reserves the right to request potential bidders to pay a deposit of a specified amount before the auction, as well as any other guarantees and/or bank references deemed necessary. In this case, clients must contact AGUTTES no later than three business days before the auction. Deposits are to be made in euros by bank transfer or credit card at: https://https://aguttes.com/depot-caution.
If the bidder does not make any purchase during the auction, AGUTTES will
reimburse the security deposit, without interest (subject to any right of set-off),
within a maximum of 14 business days after the auction. AGUTTES shall not be
liable for losses incurred due to fluctuations in exchange rates or bank charges
relating to these transfers.
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: The auctioneer manages the sale on a discretionary basis,
ensuring the freedom and equality between all bidders, while respecting the
practices established by the profession. The auctioneer ensures the police of
the sale, which allows him to refuse bids or to withdraw a lot without having to
justify it.
Awarding: The highest and the last bidder will be the auction winner, with all
accepted means combined (order, internet, telephone, on-site, 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
Buyer’s commission: In addition to the hammer price, the successful bidder
must pay a buyer's fee per lot, calculated as follows:
For AUTOMOBILIA – lots 1 to 4: purchasers will pay, in addition to the
auction price, 26% ex. tax + VAT at the current rate.
For COLLECTION CARS – lots 5 to 77: buyers will pay, in addition to the
auction price, 16% ex. tax + VAT at the prevailing rate up to €500,000 inclusive.
12% ex. tax + VAT at the prevailing rate on the portion of the auction
price above €1 000,000. 10% ex. tax + VAT at the prevailing rate on the
portion of the auction price up to €1 000,001.
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 file, handling, and storage
costs and the right of resale at the legal rate on the lots indicated in the catalogue.
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. Any bank commissions
will not be deducted from the amounts due.
VAT: The VAT rate is 21% (or 6% 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 Belgium 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 three 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;
- Online payment up to €10,000 to https://https://aguttes.com/paiement/index.jsp;
- Bank transfer: from the buyer’s account and indicating the invoice number:
IBAN FR76 3078 8009 0002 0586 9000 223
BIC NSMBFRPPXXX
Account holder AGUTTES
Direct debit NEUFLIZE OBC 00900
119/121 BOULEVARD HAUSSMANN, 75008
- Cash: Payments are capped at €3,000 regardless of the buyer's status.
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 any event, the defaulting bidder may not invoke the cancellation of the contract to avoid its obligations.
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 European
Central Bank (ECB) semi-annual key rate (refinancing rate or Refi) in force 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;
- Proceed to the registration of the defaulting bidder on a file of bad payers
shared between the different member auction house.
AGUTTES is indeed a member of the Central Register of prevention of the unpaid
of the auctioneers with which the incidents of payment are likely to be registered.
The rights of access, rectification and opposition for legitimate reasons are to
be exercised by the debtor concerned at Symev 15 rue Freycinet 75016 Paris.
AGUTTES is also a member of the Témis service, which enables the consultation and updating of the file of restrictions on access to auctions. Aguttes reserves the right to register the defaulting bidder or its representative in the Témis file, with the consequence of limiting the defaulting bidder's ability to bid with the member Voluntary Sales Operators and prohibiting it from using the InterAuction platform.
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.
2024 Autoworld Sale / Brussels
An email will be sent to each buyer the day after the sale to inform them of the contact details, the location and the amount to be paid to collect their vehicle.
The vehicles will be stored the day after the sale in a closed and secure area close to Brussels. They may be collected by appointment (last appointment at 4:30 pm from Monday to Friday; storage closed on Saturdays, Sundays and public holidays) from the Tuesday following the sale date and after full payment of the hammer price and costs.
In addition to the hammer price and costs, the buyer will pay a fixed fee of €400 ex. VAT for the transport and handling of the vehicle. Aguttes is not responsible for any incident during the transfer.
From Thursday 10 October, the daily cost of parking will be €20 ex. VAT per day, each day started being due, and will be payable when the vehicle is collected. AGUTTES shall not be held liable in any way whatsoever for storage. As soon as the item is sold, it will be the sole responsibility of the buyer.
The buyer himself will be responsible for insuring his acquisitions, and Aguttes declines all responsibility for any damage that the object may incur, as soon as the hammer is down. The lots will be delivered to the purchaser in person or to a third party designated by the purchaser and entrusted with an original power of attorney and a copy of the purchaser's identity document.
Resale of paid and non-collected lots: In the event that one or more lots awarded and paid for in the course of an auction have still not been collected by the buyer within the agreed deadlines and that the applicable storage, custody and preservation costs exceed the auction value of the lot(s), AGUTTES reserves the right to sell the lot(s) in order to be reimbursed for all costs due.
IV - PRE-EMPTION RIGHT
The specifics of the right of pre-emption can be consulted in the online terms and conditions of sale and are available on request.
V - EXPORT AUTHORIZATIONS
The specifics of any export authorizations can be consulted in the online general
terms and conditions of sale and are available on request.
VI - APPLICABLE LAW AND COMPETENT COURT
The law applicable to this sale, as well as the competent court in the event of a dispute, are defined in our general terms and conditions of sale, which can be consulted online and are available on request.
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: https://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, Loïc Kernen, Rémi Dargejen.
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.
