Sale information - COLLECTIBLE CARDS : Sale at the TCG Gala [PART ONE]
Public exhibition
Thursday April 24 to Friday April 25: 10am - 1pm and 2pm - 6pm
Lots visible by appointment | Except lots 1 to 10
Monday, April 28: 10am - 1pm and 2pm - 6pm
Contact
Quiterie Bariety
+33 1 47 45 00 91
To include a lot in the sale :
François Thierry
thierry.consultant@aguttes.com
+33 1 41 92 06 69
Sales conditions - COLLECTIBLE CARDS : Sale at the TCG Gala [PART ONE]
GENERAL TERMS AND CONDITIONS OF SALE FOR BUYERS
The SAS AGUTTES (“AGUTTES”) is an operator of voluntary public auctions, registered with the Council of Auction Houses and governed by Articles L.321-4 et seq. of the French Commercial Code. In this capacity, AGUTTES acts as an agent for the seller who contracts with the buyer, namely, the successful bidder. These General Terms and Conditions of Sale (“GTC”) govern the relationship between AGUTTES and the bidders for the public auctions and private sales organized by AGUTTES. By participating in an auction organized by AGUTTES, including through an online platform, the bidder agrees to be bound by these GTC. By registering to participate in an auction and/or bidding at a sale, the bidder accepts being bound by these GTC. It is therefore recommended to read them carefully. The GTC may be occasionally modified at the discretion of AGUTTES. The GTC for a specific sale, as contained in the sale catalog, may also be modified in writing and/or orally by AGUTTES prior to the sale. These changes will be noted in the sale’s minutes. As an operator of voluntary sales, AGUTTES is subject to the obligations set forth in Articles L.561-2 14° and subsequent articles of the French Monetary and Financial Code regarding the fight against money laundering and the financing of terrorism, which it is required to enforce.
I- THE ITEM(S) FOR SALE
SPECIAL MENTIONS IN THE CATALOG
The special mentions in the catalog correspond to the following meanings:
+ Lots part of a judicial sale following an order from the Judicial Court, subject to buyer’s fees of 14.40% including VAT;
° Lots in which AGUTTES or one of its partners has a financial interest;
* Lots in temporary importation: subject to fees of 5.5% VAT on the hammer price for works of art, collectibles, and antiques (20% for wines, spirits, jewelry, and multiples), payable by the buyer in addition to the buyer’s fees and hammer price. These fees may be waived upon presentation of customs documents proving that the lot was re-exported outside the European Union within the legal timeframes and in accordance with the new VAT reform that came into effect on January 1, 2025;
¤ Goods sold under the general VAT regime (on the total amount);
# Lots available for viewing by appointment only;
~ Lots made from materials originating from animal species. Import restrictions may apply;
= Lots duly identified and subject to guarantee.
Description of the lots: The descriptions provided in the catalog, prepared by AGUTTES and its expert, are based on the information available and knowledge existing on the date of the catalog’s creation. Only the descriptions in French are binding for AGUTTES, excluding translations, which are for informational purposes only. These descriptions may be modified or corrected up until the time of sale, either in writing or orally. These modifications will be recorded in the sale’s minutes, which shall have probative force. No further guarantees are provided by AGUTTES, noting that only the seller will be liable for hidden defects and any potential legal guarantee of conformity (excluded for second-hand goods). An authenticity certificate for a lot will only be provided if mentioned in the lot’s description. The dimensions, weight, and other details of the lots are provided for informational purposes only, with a reasonable margin of error. Imperial unit conversions (inches) are provided for informational purposes and are not binding. Restorations performed conser-
vatively, which do not alter the original character of the lot — specifically with regard to its age and style — and which do not modify the inherent character of the lot, will not be mentioned in the description.
The absence of mention of a restoration, an accident, a deficiency, or an incident in the catalog or condition reports does not imply that the lot is free from any defect, whether present, past, or repaired. Conversely, the mention of a defect does not imply the absence of any other defects. Any statements, guarantees, or promises made by an AGUTTES representative, but not included in the catalog, shall in no case form a valid basis for holding AGUTTES liable.
Condition of the lots: The lots are sold in the condition in which they are found at the time of the sale, with their imperfections and defects. As the lots are second-hand goods, AGUTTES offers no guarantees regarding their condition.
References to the condition of a lot in a catalog, image, description, or condition report (provided for informational purposes only) should not be considered an exhaustive description of the lot’s condition. Descriptions, condition reports, and photographs regarding the condition of the lots are provided solely for informational purposes and cannot replace the bidder’s personal examination of the lot prior to the sale, under the conditions mentioned below. Condition reports and photographs will be sent upon request and for informational purposes only.
Viewing of the lots: Bidders are expressly invited to personally examine the lots and related documentation prior to the sale, either during a private appointment or at the public pre-sale exhibition, in order to verify the condition of the lots. It is advised to bring an expert in the relevant field of the sale to assess the condition of the items in detail.
Reproduction of the lots: Not all defects and imperfections of the lots are visible in the photographs reproduced in the catalogs, online, or on any other communi-
cation medium. The photographs may not fully represent the actual condition of
the lot and may differ from what a direct observer would perceive (size, color, etc.).
Estimates: The estimates of the lots are based on the current technical knowledge, quality of the lot, provenance, condition, and market trends at the time of the estimate. They are provided purely for informational purposes and cannot be considered a guarantee that the lot will sell at the estimated price. Bidders are informed that estimates may fluctuate depending on market changes and the specific characteristics of the lot.
Condition reports: Condition reports, additional photos, and relevant docu-
ments regarding the lots are available upon request up to 24 hours before the sale. They must be reviewed before placing a bid.
II- THE SALE
REGISTRATION FOR THE SALE
Important: the standard and priority bidding mode is by being present in the auction room.
As an additional service, AGUTTES offers potential buyers other ways to bid, provided that they register by 6:00 PM on the last working day prior to the sale:
- By phone: Anyone can register with bid@aguttes.com to place bids via tele-
phone during the sale. The order must be submitted in writing using the duly completed form, with banking details, a copy of the bidder’s ID, and their Kbis (business registration document). AGUTTES will accept telephone bids free of charge. The potential bidder must have received prior confirmation by email from AGUTTES to be called.
- By purchase order: Anyone can submit purchase orders to AGUTTES. The order must be communicated in writing using the duly completed form, with banking details and a copy of their ID. AGUTTES will accept purchase orders free of charge. If a request is made by email to bid@aguttes.com, the bidder must have received prior email confirmation from AGUTTES. No unlimited orders will be accepted. If AGUTTES receives multiple purchase orders for the same lot with identical bid amounts, the earliest order will take precedence.
- Online via Live platforms: Anyone can register on various Live platforms to participate remotely, electronically, in the auctions. The bidder via Live is informed that the fees charged by these platforms will be exclusively at their expense and will be added to the buyer’s commission. The platform fees are typically as follows*: • 1.80% VAT included for Drouot Digital,
• 3% VAT included for Invaluable,
• 3% VAT included for 51Bidlive,
• 3.60% VAT included for Interenchères on all lots (except cars, which incur a fee of €48 VAT included per vehicle).
Bidder identification procedure: In light of its obligations regarding anti-
money laundering and the financing of terrorism (AML-FT), potential buyers are asked to introduce themselves to AGUTTES so that their personal data can be registered. AGUTTES reserves the right to ask any potential bidder:
- Individuals to justify their identity and,
- Legal entities to provide an up-to-date Kbis extract (only the legal represen-
tative or an authorized person may bid),
- In any case, to make a deposit and provide banking references and the origin of the funds received, in accordance with AML-FT regulations.
All lots sold will be invoiced in the name and address of the purchaser, and no modifications will be made after the auction. The bidder is deemed to be acting on their own behalf and commits to paying personally and immediately for the lot. They will be solely responsible for the bid, except in cases where they have notified AGUTTES of their status as a representative under the conditions outlined below. Any false information will hold the winning bidder liable. In cases of non-compliance with identification procedures or AML-FT obligations, AGUTTES reserves the right to deny the bidder the opportunity to place bids, cancel the sale, or rescind the contract.
Security deposit: For certain sales or identified lots, AGUTTES reserves the right to ask potential bidders to pay a determined security deposit before the sale, along with any other guarantees and/or banking references considered necessary. Bidders are asked to contact AGUTTES no later than three working days before the sale to verify the provided guarantees. Deposits must be made in euros by bank transfer or credit card via: https://https://aguttes.com/
depot-caution. If the bidder does not win the lot, AGUTTES will refund the security deposit within 5 working days after the sale, without interest, subject to any right of compensation. The bidder acknowledges and accepts that any potential losses arising from exchange rate fluctuations or bank transfer fees are their sole responsibility.
Mandate by a third party: A bidder is presumed to be bidding for themselves and is solely responsible for the bid. A bidder acting under a mandate must inform AGUTTES of this during the identification and registration process and provide a copy of the mandate and any other requested documents. In such cases, both the bidder and the principal will be jointly responsible.
Auction management: The auctioneer directs the sale, ensuring fairness and equality among the bidders, while respecting the established customs of the profession. The auctioneer is responsible for maintaining order and reserves the right to deny entry to the auction room to any bidder for just reasons. They also reserve the right to refuse any bid, organize the auction in the most appro-
priate manner, and move, withdraw, combine, or separate any lot from the sale.
Adjudication: The highest bidder and the last bidder will be the successful bidder, regardless of the means used (order, internet, phone, in person, etc.). The adjudication is confirmed by the auctioneer pronouncing the word “Adjudgé,” which forms the sales contract between the seller and the successful bidder. Each lot is identified by a number corresponding to the number assigned to it in the sale catalog.
Vendors are prohibited from bidding directly on their own lots. In the case of a “double bid”, meaning a simultaneous bids recognized as valid by the auctioneer, the lot will be re-auctioned, and all present bidders may participate in the second auction.
Withdrawal: Each bid and each adjudication are final. Once a bid is placed, the bidder is committed, whether they are in the room, on the phone, online, or executing their purchase order.
Transfer of risk and ownership: Transfer of ownership and risk between the seller and the successful bidder occurs when the auctioneer pronounces the word “Adjudgé.” AGUTTES disclaims any responsibility for losses or damages that lots may suffer from the time of adjudication, and the successful bidder is required to insure the lots from the moment of adjudication.
III- EXECUTION OF THE SALE
Buyer’s Commission: The successful bidder must pay, in addition to the hammer price, the applicable buyer’s commission for each lot. The calculation method for the buyer’s commission for different categories of lots is specified below (see Article VI - SPECIAL CONDITIONS).
In addition to the hammer price and buyer’s commission, the successful bidder must pay all taxes, including VAT, as well as any potential handling, storage fees, and any other amounts due in the case of late payment mentioned below.
Bidders using Live platforms will pay, in addition to the hammer price and buyer’s commission, an additional fee, which will be fully paid to the platforms (see Article II - THE SALE: Registration for the Sale).
Payment Conditions: The payment of the amounts due must be made “in
full” by the successful bidder upon adjudication. Payment is made in euros. Any bank fees are the responsibility of the bidder and are not deducted from the amounts due.
Late Payment and Penalties: No payment extension will be granted to the buyer unless expressly agreed by the seller. Any extension granted by the seller will result in the following penalties, which will be payable to AGUTTES and added to the amounts specified below for the defaulting bidder:
If the payment period is 3 months or less from the sale: 3% excluding VAT (3.6% including VAT) of the total buyer’s invoice.
If the payment period is more than 3 months from the sale: 5% excluding VAT (6% including VAT) of the total buyer’s invoice.
VAT: The VAT rate is 20% (or 5.5% for books). By default, lots not marked will be sold under the VAT margin scheme. The buyer’s commission and additional fees will be subject to VAT, which will not be itemized separately in the invoices.
In exceptional cases, at the request of the seller, the general VAT regime may apply to goods sold by a professional from the EU. These items will be marked with the ¤ symbol.
Cases of Possible VAT Refund to the Buyer: EU-based professionals (i) upon providing their intra-community VAT number and (ii) proving the export of the lot from France to another EU member state.
Non-EU residents upon providing (i) the customs export document outside the EU, with AGUTTES listed as the sender, and (ii) within 3 months from the auction date or the date of obtaining the export license.
Payment Methods: The following legal payment methods are accepted (credit card or bank transfer is highly recommended):
- Bank Transfer: From the buyer’s account, indicating the invoice number:
IBAN FR76 3006 6109 1300 0203 7410 222 - BIC CMCIFRPP
Account Holder AGUTTES Bank Address: CIC PARIS ETOILE ENTREPRISES
178 RUE DE COURCELLES – 75017 PARIS
Cash: As per Articles L.112-6 and D.112-3 of the French Monetary and Financial Code: (i) up to €1,000 for French tax residents or persons acting for business purposes; (ii) up to €15,000 for individuals with a tax residence outside the EU (with a passport and proof of address).
- Credit Card: On-site or remotely (via https://https://aguttes.com/paiement-en-
ligne). Bank fees, typically between 1% and 2.5%, are not covered by the auction house. Partial payments for the same lot using the same card are not allowed.
Check (as a last resort): Upon presentation of two valid identification docu-
ments. No delay in clearance is allowed for check payments. Delivery will only be possible twenty days upon payment. Foreign checks are not accepted.
In compliance with its anti-money laundering and counter-terrorism financing obligations under Article L.561-2 of the French Monetary and Financial Code, AGUTTES reserves the right to request proof of funds. In any case, if payment is made by a third party, the bidder must provide proof of the relationship with the third-party payer. AGUTTES reserves the right to refuse cash payments made by a third party.
Defaulting Bidder: In the event of non-payment by the bidder, the item may be resold by repeating the auction process at the seller’s request, in accordance with the procedure outlined in Article L.321-14 of the French Commercial Code. If the seller does not make this request within three months of the adjudication, the sale will be automatically void. In any case, the defaulting bidder cannot invoke the resolution of the contract to avoid their obligations.
Liability of the Defaulting Bidder: In all cases, the defaulting bidder will be liable, due to their failure or delay in payment, to pay AGUTTES:
In case of resale through re-auction, (i) the loss incurred by the seller due to the second sale, (ii) the loss of fees incurred by AGUTTES, (iii) the costs incurred for the second sale;
All fees and costs incurred by AGUTTES for the recovery of unpaid invoices (including lawyer’s fees, administrative fees, and all other costs related to col-
lection), as well as any damages compensating AGUTTES for the harm suffered;
Late payment penalties calculated by applying interest at the European Cen-
tral Bank’s (ECB) refinancing rate (Repo rate), increased by five points, on all amounts owed;
Damages to compensate AGUTTES for any harm suffered (including fees, buyer’s commission, VAT, storage, etc.).
AGUTTES reserves the right to:
• Disclose the name and contact details of the defaulting buyer to the seller to enable the latter to assert their rights;
Retain as damages any amounts paid by the bidder prior to the cancellation of the sale;
• Claim the deposit paid by the bidder as compensation for all amounts owed by the bidder and/or as damages;
• Exercise or have exercised all rights and recourses, including the right of retention, on any property of the defaulting bidder that AGUTTES may have in its possession, until full payment is made by the bidder, and to take legal action in the competent courts to recover the amounts owed;
• Offset any amount due from the bidder with any outstanding amount related to a lot or any damage suffered by AGUTTES as a result of the bidder’s breach of these terms and conditions;
• Prohibit the defaulting bidder from bidding at future AGUTTES auctions or make their ability to bid conditional on the payment of a pre-deposit;
• Register the defaulting bidder on a bad debtors’ list shared among various auction houses. AGUTTES is a member of the central register for preventing unpaid debts by auctioneers, where payment incidents may be recorded. Rights of access, correction, and objection for legitimate reasons can be exercised by the concerned debtor at Symev, 15 Rue Freycinet, 75016 Paris. AGUTTES is also a member of the Témis service, which allows consultation and updates of the restricted access auction list. AGUTTES reserves the right to register the defaulting bidder on the Témis list, thereby limiting their ability to bid with other auction operators and prohibiting them from using the Interenchères platform. Additionally, AGUTTES reserves the right to block the defaulting bidder’s access to the Drouot platform and other partner online platforms.
Collection and Storage of Lots: A lot that has been adjudicated will only be delivered to the buyer after full payment of the purchase invoice and all sums/
penalties that may be due by the successful bidder, and once these amounts have been credited to AGUTTES’ bank account. Consequently, if the buyer’s invoice includes multiple lots and in the case of partial payment of the buyer’s invoice and/or failure to pay in full or in part the other sums/penalties due by the successful bidder, none of the lots included in the buyer’s invoice will be delivered by AGUTTES to the successful bidder. All lots will be delivered to the successful bidder only upon full payment of the buyer’s invoice and the sums/penalties due by the successful bidder.
Lots that are not collected on the day of the auction must be picked up by appointment with the person mentioned in the contact page of the catalogue. The location for collection will be specified in the email accompanying the invoice.
Applicable storage fees are mentioned below (see Article VI - SPECIAL CONDITIONS).
Resale of Paid but Uncollected Lots: If a paid lot has not been collected by the buyer within the time specified in the “Special Conditions” and if the storage and preservation fees exceed the lot’s hammer price, AGUTTES reserves the right to sell the lot to recover all fees due.
IV- PRE-EMPTION RIGHT
The French State may exercise a pre-emption right on any public or private sale of cultural goods. The State has a period of 15 days from the public sale to confirm its exercise of the pre-emption right and substitute itself for the buyer. If the State does not provide written confirmation of its intention to exercise this right within the prescribed time, the sale will be considered final and irrevocable.
V- EXPORTATION
In the case of a buyer’s slip addressed to a foreign address, it is specified that
certain lots are subject to export formalities (requests for certificates for cultural
goods, export licenses). These lots can only be delivered to an authorized shipper. The formalities are the buyer’s responsibility and may take up to 4 months to com-
plete. AGUTTES is available to assist buyers with these procedures or to forward
the requests to the relevant administration. However, AGUTTES cannot be held
responsible for delays, refusals, or other unfavorable administrative decisions, nor for any failure to comply with export regulations. Export delays or administrative
refusals cannot justify non-payment or late payment by the buyer, nor lead to the
cancellation or modification of the sale. The buyer is solely responsible for all appli-
cable formalities and administrative deadlines, which they agree to comply with.
VI- SPECIAL CONDITIONS
1 - STORAGE FEES
The successful bidder must pay, in addition to the hammer price, the following buyer's fees per lot:
- For sales in the Jewelry, Watches, Impressionist and Modern Paintings, Old Master Paintings and Drawings, Design, Furniture and Decorative Arts, Early Period, Inventories, and Collections departments (degressive fees): • 25% excluding VAT + VAT at the current rate, i.e., 30% including VAT on the first €900,000;
• 23% excluding VAT + VAT at the current rate, i.e., 27.6% including VAT on amounts exceeding €900,001;
- For sales in the Jewelry (catalogs), Contemporary Art, Painters & Arts of Asia departments (degressive fees): • 26% excluding VAT + VAT at the current rate, i.e., 31.2% including VAT on the first €900,000;
• 23% excluding VAT + VAT at the current rate, i.e., 27.6% including VAT on amounts exceeding €900,001;
- For sales in the Violin and Bow departments: • 20% excluding VAT + VAT at the current rate, i.e., 24% including VAT;
- For sales in the Wines & Spirits departments: • 20.8% excluding VAT + VAT at the current rate, i.e., 25% including VAT;
- For sales of books and manuscripts benefiting from reduced VAT: • 25% excluding VAT, i.e., 26.37% including VAT;
- For sales of Automobilia: • 26% excluding VAT + VAT at the current rate, i.e., 31.2% including VAT;
- For sales in the Classic Cars department (degressive fees): • 16% excluding VAT + VAT at the current rate, i.e., 19.2% including VAT on the first €900,000;
• 12% excluding VAT + VAT at the current rate, i.e., 14.4% including VAT on amounts exceeding €900,001.
- For sales in the Collector Cards, Sport and Luggage departments:
• 25% exclusive of tax + VAT at the current rate, i.e. 30% inclusive of tax.
2 - STORAGE FEES
The storage of goods that have been auctioned or sold privately but have not been collected by the buyer within 15 days following the sale (sale day included) will be charged as follows (each day or week started is due):
- Jewelry and/or watches: €30 excluding VAT per day of storage;
- Wine: €1 excluding VAT per bottle per day, without prejudice to any fees that may be applied by iCave;
- Vehicles: flat-rate storage and transport fee of €350 excluding VAT, plus €40 excluding VAT per day starting the Wednesday following the sale;
- Other lots: 0.01% excluding VAT of the hammer price per day for each lot.
3 - MECHANICAL AND ELECTRICAL OBJECTS
Mechanical or electrical items offered for sale by AGUTTES are exclusively offered for decorative purposes. As second-hand goods, AGUTTES does not certify their working condition and offers no guarantees regarding their per-
formance. We recommend that buyers inspect the lots during public viewings with an expert in the field and have the electrical or mechanical mechanisms checked by a professional before any use.
4 - WATCHES AND CLOCKS
The timepieces sold by us are all second-hand items, most of which have undergone repairs resulting in the replacement of certain parts that may not be original. AGUTTES does not offer any guarantee on the authenticity, condition, or originality of the components of a timepiece.
Clocks may be sold without pendulums, weights, or keys, and unless expressly stated otherwise, their presence is not guaranteed. Watch straps may not be original and may not be authentic.
Collection watches require regular maintenance: repairs or servicing may be necessary. All repairs, servicing, and functionality checks are the sole responsibility of the buyer, as AGUTTES offers no guarantee on their working condition. AGUTTES recommends that buyers have watches checked by a qualified watchmaker before use.
It is the responsibility of potential buyers to personally assess the condition of the item.
5 - JEWELRY / STONES, GOLD, AND PRECIOUS METALS
Certain lots containing gold, platinum, or silver may be subject to inspection by the competent hallmarking office to undergo alloy tests and be stamped before the sale. AGUTTES assumes no responsibility for the findings of the hallmarking office.
Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to enhance their appearance using methods such as heating or oiling. These methods are accepted by the global jewelry industry but may weaken the gemstones and/or require special care over time.
AGUTTES cannot determine whether a diamond was naturally or synthetically formed unless tested by a gemological laboratory. If the diamond has been tested, a gemological report will be available. All types of gemstones may have been treated to improve their quality. The buyer may request the preparation of a gemological report for any lot, provided the request is made to AGUTTES at least two weeks before the sale date, and the buyer covers the associated fees.
AGUTTES does not obtain a gemological report for every gemstone priced at auction. The absence of a certificate does not guarantee that the stones have not been treated. When AGUTTES arranges for such reports from inter-
nationally recognized gemological laboratories, these reports are mentioned and described in the catalog. Due to differences in approaches and techno-
logies, laboratories may disagree on whether a gemstone has been treated, the extent of the treatment, or its permanence. Gemological laboratories only report the enhancements or treatments they are aware of at the time of the report, which reflects their opinion. AGUTTES does not guarantee and is not responsible for the reports or certificates issued by a gemological laboratory that may accompany a lot.
6 - FURNITURE
Unless expressly stated in the lot description, the presence of keys is not guaranteed. The buyer acknowledges that the absence of a key cannot justify a refusal to pay or a complaint.
7 - PROTECTED PLANT AND ANIMAL SPECIES
Items made partially or entirely of materials derived from endangered or pro-
tected plant and animal species are marked with the symbol ~ in the catalog.
The legislator imposes strict rules regarding the commercial use of these materials, especially regarding the trade of ivory.
Buyers are informed that the importation of any goods composed of these materials is prohibited by many countries or may require a permit or certificate issued by the relevant authorities in the countries of export and import. Buyers are fully responsible for complying with the applicable regulatory and legisla-
tive standards for the export or import of goods made partially or entirely from materials derived from endangered or protected species. AGUTTES will not be responsible for any inability to export or import such goods, and this cannot be used as a reason for a resolution or cancellation of the sale. The buyer is solely responsible for obtaining all necessary permits for the acquisition or transport of these items.
8 - WINE
Old bottles may naturally be fragile due to aging and transportation. AGUTTES will not be held responsible for the condition of the cork.
Wine sales are sales by designation. Therefore, lots cannot be picked up immediately after the sale. Their pickup is only possible by appointment: the buyer must send an email with their paid invoice to the following address:
retraits.aguttes@icave.eu. The lots will be available at the premises of iCave, located at: 5 Chemin des Montquartiers – 92130 ISSY-LES-MOULINEAUX – FRANCE.
9 - AUTOMOBILES
Description of lots: For administrative reasons, and unless otherwise stated, vehicle designations (model, type, year, etc.) generally reflect the details listed on the vehicle’s registration documents.
Condition of lots: It is specified that:
The condition of an automobile may vary between the moment it is described in the catalog, its presentation at the auction, and when the lot is taken over by the successful bidder.
Vehicles may be sold without a technical inspection due to their age, non-
operational condition, or competitive nature.
Vehicles coming from abroad are presented without a French technical inspection.
The vehicles offered are from a time when safety conditions and performance were inferior to current standards. Buyers are strongly advised to take great care when handling these vehicles for the first time. It is particularly recom-
mended, before any use, to conduct a recommissioning of the vehicle and perform all necessary checks to ensure the vehicle is functioning properly (oil levels, tire pressure, etc.).
Additional obligations of the successful bidder: The successful bidder must complete, at their own responsibility and expense, all necessary formalities for the vehicle’s registration change within the legal deadlines.
The successful bidder must arrange for the transport of the acquired lot, which will be at their own risk and expense.
Pickup and storage of lots: The successful bidder will receive an email the next day after the sale with the contact details, storage location, and amount to be paid to retrieve the vehicle. Vehicles will be stored the day after the sale in a secure, closed location near Paris. They can be picked up by appointment starting the Tuesday after the sale and once the full hammer price and fees have been paid, Monday to Friday until 4:30 pm at the latest.
It is reminded that the risk transfer occurs at the time of the auction, and therefore:
Any responsibility for incidents during transport is not the responsibility of AGUTTES.
Storage does not incur any liability for AGUTTES or its representatives.
From the moment of the auction, the item is under the full responsibility of the successful bidder, who is responsible for insuring their acquisitions.
AGUTTES disclaims any responsibility for damages the vehicle may sustain after the auction.
Export Passport: French cars over 75 years old at the time of the sale and valued over €50,000 are required to present an export passport if leaving French
territory and an export license if leaving the European Union. These formalities require approximately three months for passports and an additional month for licenses. AGUTTES cannot be held responsible for any delays. No vehicle will be delivered without this document. AGUTTES will not be responsible for any refusal or delay in the administrative decision. A refusal to issue a certificate cannot justify non-payment or a delay in payment by the buyer, nor can it lead to the cancellation of the sale.
VII- PERSONAL DATA
Bidders are informed that AGUTTES may collect and process data about them in accordance with the General Data Protection Regu-
lation (GDPR) No. 2016/679 of April 27, 2016, and the “Informatique et Libertés” Law No. 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, regarding the protection of personal data.
The data is collected for the purpose of managing contractual or pre-
contractual relationships (sale registration, invoicing, accounting, payments, communication, etc.). These data include information such as: names, first names, postal address, email address, phone number, and bank details.
Bidders are informed that they have the right to access, rectify, delete, request portability, object to, and limit the use of these data with AGUTTES. Requests must be made in writing to: communication@aguttes.com. Any complaints regarding the applicable data protection legislation can be filed with the CNIL: https://cnil.fr.
VIII- INTELLECTUAL PROPERTY
AGUTTES holds all reproduction rights for the goods sold before and after the sale. Any reproduction of such goods is prohibited and constitutes infringement. The sale of a lot does not imply the transfer of any intellectual property rights that may apply (representation and/or reproduction) to the work.
IX- APPLICABLE LAW AND COMPETENT COURT
These GTC, and the rights and obligations arising from them, will be governed by French law. Any legal action related to AGUTTES’ auction activities will be resolved by the competent Judicial Court in France, in accordance with Article L.321-37 of the French Commercial Code. Specifically, all actions involving bidders and/or buyers who are traders will be resolved by the Judicial Court of Nanterre.
Bidders, buyers, and their representatives acknowledge that Neuilly-sur-Seine is the exclusive location for the performance of AGUTTES’ services.
Civil liability actions related to appraisals and voluntary and judicial sales of furniture at public auctions are subject to a limitation period of five years from the date of the adjudication or the appraisal.
For any issue, the Government Commissioner of the Council of Auction Houses may be contacted for a free resolution towards an amicable solution. Complaints can be made by post to 19 avenue de l’Opéra, 75001 Paris, or online via the following link: https://conseilmaisonsdevente.fr/fr/reclamation. It is also possible to file a request for amicable resolution on the European Online Dispute Resolution platform between consumers and professionals, accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.
show&lng=FR.
X- CUSTOMER SATISFACTION
If a client believes they have not received a satisfactory response, they are advised to contact directly, and as a priority, the head of the concerned department. If there is no response within the expected time, they can then contact the customer service team at serviceclients@aguttes.com. This service is under the Quality Department of the SVV Aguttes.