GENERAL TERMS AND CONDITIONS OF AUCTION SALE
WINES AND SPIRITS 2025
SAS AGUTTES ("AGUTTES") is a voluntary auction operator, registered with the Conseil des Ventes Volontaires and governed by Articles L.321-4 and following of the French Commercial Code. In this capacity, AGUTTES acts as an agent for the seller, who enters into a contract with the successful bidder.
These General Terms and Conditions of Sale ("GTC") govern the relationship between AGUTTES and bidders for public auctions and private sales organized by AGUTTES.
The GTC may be amended in writing or verbally by AGUTTES prior to the sale of a lot, and such modifications will be recorded in the auction minutes.
I - THE PROPERTY BEING SOLD
Lot Descriptions:The information provided in the catalog is the responsibility of AGUTTES and its expert, subject to the provisions set out below. Only the indications given in French are binding on AGUTTES, and translations are for informational purposes only.
Descriptions may be modified or corrected until the moment of sale, either in writing or verbally. Such modifications will be recorded in the auction minutes, which will be legally binding.
AGUTTES provides no other warranties, and it is noted that only the seller is responsible for hidden defects and legal conformity guarantees. A certificate of authenticity will only be available if mentioned in the lot description.
Lot dimensions, weights, and other details are given as a guideline with a reasonable margin of error.
Conservation restorations that do not alter the antiquity and style of a lot or modify its essential character will not be mentioned in the description.
The absence of an indication of restoration, accident, or incident in the catalog or condition reports does not imply that a lot is free of any present, past, or repaired defects. Conversely, mentioning a defect does not imply the absence of other faults.
Special Mentions in the Catalog:- + Lots included in a judicial sale following a court order: buyer’s premium 14.40% VAT included.
- ° Lots in which AGUTTES or one of its partners has a financial interest.
- * Temporarily imported lots: subject to additional fees of 20% for wines and spirits, jewelry, and multiples (or 5.5% for books), payable by the buyer in addition to the sale fees and hammer price unless the buyer is outside the EU.
- ¤ Items sold under the standard VAT regime (applied to the total price).
- ~ Lots made from materials derived from animal species: import restrictions may apply.
Condition of Lots:Lots are sold in the condition they are in at the time of sale, including imperfections and defects. Given that these are second-hand goods, no warranty can be given regarding their condition.
References to a lot’s condition in a catalog or condition report should not be considered as an exhaustive description. They do not replace a personal inspection of the lot as recommended below. Condition reports are available upon request and for informational purposes only.
Older bottles may naturally deteriorate over time and during transportation. AGUTTES cannot be held responsible for the condition of the cork.
Lot Inspection:Potential bidders are encouraged to personally inspect lots at a private viewing appointment before the auction to assess their condition. Buyers are advised to be accompanied by an expert in the relevant field.
Lot Reproduction:Not all defects and imperfections are visible in photographs published in catalogs, online, or in any other promotional materials. Photographs may not provide a fully accurate depiction of a lot’s true condition and may differ from what an observer perceives in person (size, color, etc.).
Estimates:Estimates are based on the available technical knowledge at the time of assessment, the quality of the lot, its provenance, condition, and market trends. Estimates are provided for guidance only and do not guarantee that a lot will sell at the estimated price.
II - THE AUCTION
Registration for the Sale:The primary and recommended way to bid is to be physically present in the auction room. However, other bidding methods are available with prior registration:
- By Phone: AGUTTES will accept phone bids as a courtesy, only for bidders who register before 6:00 PM on the last business day before the auction. A confirmation email from AGUTTES must be received for the bidder to be called.
- Absentee Bidding: A pre-registered person may submit written absentee bids to AGUTTES. These must be submitted before 6:00 PM on the last business day before the auction. If multiple identical bids are received, the earliest one will take precedence.
- Online Bidding via Live Platforms: Online bidding is available through technical platforms enabling remote participation. Buyers using online platforms are responsible for any additional fees charged by these platforms.
Bidding via phone, internet, or absentee order is at the bidder’s own risk. AGUTTES is not responsible if a bidder cannot participate due to technical failure, errors, or omissions. In case of technical malfunction or interruption, the auction will proceed at AGUTTES’ discretion.
Bidder Identification Process:AGUTTES reserves the right to request identification documents from any potential bidder, including a recent company registration extract (Kbis) for corporate entities. Only a company’s legal representative or an authorized person may bid.
All lots sold will be invoiced in the name and address provided at registration. No changes can be made afterward. The bidder is presumed to act in their own name unless a mandate is provided in advance. Any false declaration will engage the bidder’s liability.
Bidding by Proxy:A bidder acting as an agent must notify AGUTTES during registration and provide a copy of the mandate and any requested documents. In such cases, both the bidder and the principal will be jointly liable.
Auction Conduct:AGUTTES conducts the auction at its discretion, ensuring bidders’ freedom and equality while following industry standards. The auction is held by lot designation.
Adjudication:The highest bidder is the buyer, regardless of the bidding method used (in person, absentee bid, online, phone, etc.). The sale contract is finalized when the auctioneer declares “Sold” (“Adjugé”).
Lots are identified by a catalog number. Sellers are prohibited from bidding on their own lots.
If a tie bid occurs, recognized by the auctioneer, the lot will be re-offered for bidding.
No Right of Withdrawal:Each bid and adjudication is final. The buyer cannot retract their bid, whether they bid in person, by phone, online, or via absentee order.
Risk and Ownership Transfer:Ownership and risk transfer to the buyer at the moment the auctioneer declares “Sold.” AGUTTES declines any responsibility for loss or damage after this point. Buyers are advised to arrange insurance immediately.
