Sale information - CONTEMPORARY ART
CONTEMPORARY ART - From the post-war period to the present day
Public exhibition:
Monday, September 11 to Wednesday, September 13:
10 am - 1 pm and 2 pm - 5:30 pm
Department Director / Expert :
Ophélie Guillerot
+33 (0)1 47 45 93 02
Cataloguer / Specialist assistant :
Paul Rigaud
Documentation / Delivery and shipping :
Océane Verdier
+33 (0)1 41 92 06 48
Important: conditions of sale can be found at the end of the catalog.
We draw your attention to lots preceded by +, °, *, #, ##, ~ for which special conditions apply.
Sales conditions - CONTEMPORARY ART
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. 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.
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 of the lots
are given as an indication with a reasonable margin of error.
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 condition reports shall in no way
imply that the lot 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: subject to a fee of 5.5% fee for works
of art, collectibles and antiques (20% for wines and spirits,
jewelry and multiples),), 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.
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.
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.
Lot exposure: Potential bidders are required to personally
examine the lots at a private meeting prior to sale in order
to check the condition of the lot. Buyers are advised to be
accompanied by an expert in the field concerned by the sale.
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 and priority method
to bid is to be present in the sales room. 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.
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.
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
Sale commission: In addition to the auction price, the
auction winner shall pay the buyer's fees, per lot, calculated
as follows:
- 25% excl. tax + VAT at the rate in force, i.e. 30% including
tax on the first €150,000
- 23 % excl. tax + VAT at the rate in force, i.e. 27,6 %
including taxe for amounts over € 150,001.
Exception: For books only benefiting from a reduced VAT
rate: 25% before tax, i.e. 26.37% including VAT.
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.
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 20% (or 5.5% for books). In principle,
unmarked lots will be sold under the VAT on gross margin
system. The purchase commission and additionnal 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 France 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;
- American Express card: a commission of 2.95% including
tax will be collected for all payments. Remote card payments
and split payments in several instalments for the same lot with
the same card are not allowed;
- Online payment up to €10,000 to https://www.aguttes.com/
paiement/index.jsp ;
- Bank transfer: from the buyer’s account and indicating the
invoice number:
IBAN FR76 3006 6109 1300 0203 7410 222
BIC CMCIFRPP
Account holder AGUTTES
Direct debit CIC PARIS ETOILE ENTREPRISES
178 RUE DE COURCELLES - 75017 PARIS
- Cash: 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 the purposes of a professional activity;
(ii) Up to €15,000 for individuals who have their tax domicile
abroad (upon presentation of passports and proof of address);
- Cheque (as a last resort): Upon presentation of two identity
documents. No time limit for cashing is accepted in the event
of payment by cheque. Issuance will only be possible twenty
days after payment. Foreign cheques are not accepted.
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 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
houses.
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.
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 and risks only.
Lots that have not been collected the same day after the end
of the sale will be collected by appointment by the byer with
the person mentioned for this purpose on the contact page
at the beginning of the catalog. The place of delivery will be
indicated in the email accompanying the invoice.
The applicable storage fees are mentioned in the "Special
Terms and Conditions" below.
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 deadlines
agreed upon the "Special Terms and Conditions" below 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 French State may exercise a pre-emptive right on any public
or private sale of cultural property. The State has a period
of 15 days from the public sale to confirm the exercise of its
pre-emptive right and subrogate itself to the buyer.
V- EXPORT
The formalities of exports (requests for certificate for a cultural
good, export license) of the subjected lots are the responsibility
of the purchaser and can require a four months delay. AGUTTES
is at the disposal of its buyers to guide them in these steps.
AGUTTES cannot be held responsible for delays. Under no
circumstances shall AGUTTES be liable for the refusal or delay
of the administrative decision. The refusal to issue a certificate
or a license may not under any circumstances justify a failure
or delay in payment by the buyer or a cancellation of the sale.
VI- APPLICABLE LAW AND COMPETENT COURT
Civil liability claims brought in connection with voluntary and
judicial actions and sales of furniture at public auction are timebarred
after five years from the award or takeover.
French law alone governs the GTC. Any dispute relating to their
existence, validity, performance and enforceability against any
bidder having the capacity of trader shall be decided by the
Commercial Court of Nanterre (France).
In the event that the bidder or buyer is not a trader, this dispute
shall be decided by the competent Court pursuant to the
legal provisions.
The Government Commissioner to the Council for voluntary
sales of furniture by public auction may be mandated in writing
in case of any difficulty with a view to reaching an amicable
solution, if applicable.
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: www.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.
IX- SPECIAL TERMS AND CONDITIONS
1- Storage costs
The storage of goods subject to an auction or a private sale
that are not removed by the buyer within 15 days of the auction
(including the day of the sale), will be charged as follows:
- Jewellery and / or watches worth < €10.000 = €15 / day of
storage
- Jewellery and / or watches worth > €10.001 = €30 / day of
storage
- Other lots < 1m3 = €3 / day
- Other lots > 1m3 = €5 / day.
2- 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 the public exposures with an expert
in this field, and to have the electrical or mechanical mechanism
checked by a professional before any start-up.
3- Watches and clocks
The watches and clocks we sell are all second-hand goods,
having for the most part undergone repairs resulting in the replacement
of certain parts which may not be original. AGUTTES
does not give any guarantee on the authenticity and the original
character of the components of a clock article.
Clocks may be sold without pendulums, weights or keys and
unless otherwise stated, their presence is not guaranteed.
Watch straps may not be original and may not be authentic.
Collector’s watches require general and regular maintenance:
repairs or overhauls may be necessary and are the responsibility
of the buyer, as AGUTTES does not give any guarantee on its
good working order. AGUTTES recommends that buyers have
watches and clocks checked by a competent watchmaker
before each use.
It is the responsibility of potential buyers to personally verify
the condition of the item.
4- Furniture
Without express mention in the description of the lot, the presence
of keys is not guaranteed.
5- 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.
10-31-1510 / PEFC certified / The paper used for this catalogue comes
from sustainably managed forests and controlled sources / pefc-france.org