FINE WINES & SPIRITS

GENERAL TERMS AND CONDITIONS OF SALE

THE GLENDRONACH « The One & Only - 30 years old »

SAS AGUTTES ("AGUTTES") is an operator of voluntary sales by public auction, registered with the Conseil des Ventes Volontaires 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 successful bidder. These General Terms and Conditions of Sale ("GTCS") govern the relationship between AGUTTES and the bidders for the public auctions organised by AGUTTES. The GCS may be modified in writing and/or orally by AGUTTES prior to the sale of the lot; these modifications will be mentioned in the minutes of the sale.

I-          THE ASSET OFFERED FOR SALE

Description of the lots: The indications catalogue engagement responsibility AGUTTES and its expert, under reserve of the provisions hereinafter mentionned. Seules indications in French language engage AGUTTES to the exclusion of translations that are free. They can make the object of modifications or rectifications until the moment of the written sale or oral. These changes will be consigned to the minutes of the sale, which will force probante. No other guarantee is given by AGUTTES, being recalled that only the seller will be held to the guarantee of hidden and to the guarantee legal compliance. A certificate of authenticity lot will be available only if mentioned in the description of the lot. The dimensions, weight and other information lots as well as indicative title with a margin of reasonable error. Restorations carried out for conservation purposes, which do not alter the characteristics of age and style, and which do not modify the character of the lot, will not be mentioned in the description. The absence of any mention of restoration, accident or incident in the catalogue or condition reports does not imply that the lot is free of any present, past or repaired defect. Inversement la mention some defect defect by the absence of all other defects.

The special terms appearing in the catalogue have the following meanings: 

¤ Goods sold under the general VAT system (on the whole) 

Condition of the lot: The lot is sold in the condition in which it is at the time of sale, with all its imperfections and defects. As the lots are second-hand goods, no guarantee can be given as to their condition. References to the condition of a lot in a catalogue or condition report shall not be deemed to be an exhaustive description of the condition of that lot. Condition reports will be sent on request and for information only. Old bottles may naturally be weakened by time and transport. AGUTTES cannot be held responsible for the condition of the cork.

Exhibition of the lot: As the lot is sold upon designation, the broadcasting of the online sale and the presentation of the lot on the Website and in the sale catalogue constitute prior publicity and exhibition. 

Reproduction of the lot: All the defects and imperfections of the lot are not visible on the photographs of the lot reproduced in the catalogue, online or on any communication medium. The photographs may not give an entirely faithful image of the actual condition of a lot and may differ from what would be perceived by a direct observer (size, colour, etc.).

Estimates: Estimates are based on the state of technical knowledge on the day of the estimate, the quality of the lot, its provenance, its condition and the market price on the day of the estimate. They are provided for information only and cannot be considered as a guarantee that the lot will be sold at the estimated price. 

II-         THE SALE

Registration for the sale : Important: the normal priority bidding method is to be present in the auction room.. As a service, other methods are possible which require prior registration:

- By telephone: AGUTTES graciously accepts telephone bids only from bidders who have made themselves known before 6pm on the last working day before the sale. The potential bidder must have received prior confirmation by email from AGUTTES in order to be called. 

- By purchase order: Any person who has previously registered and wishes to bid may request the registration of purchase orders with AGUTTES on their behalf. The order must be communicated in writing before 6pm on the last working day before the sale, and the bidder must have received a confirmation email from AGUTTES in order to be called back. No unlimited orders will be accepted. If AGUTTES receives several purchase orders for identical bid amounts, the earliest order will be preferred.

- Online via Live platforms: Online auctions are offered on platforms that allow remote electronic participation in auctions, subject to prior registration. The purchaser via the Live platforms is informed that the costs invoiced by these platforms will be borne exclusively by the purchaser. Participation in auctions by telephone, internet or order is at the bidder's own risk and AGUTTES may not be held liable in the event of the bidder's non-participation in the auction for any reason whatsoever, in particular in the event of malfunction or failure to perform (absence of response from the bidder, error, interruption or omission in the receipt of bids). Any malfunction or interruption of the telephone or live service will not prevent the auctioneer from continuing with the auction, at his discretion.

Bidder identification procedure: AGUTTES reserves the right to ask any potential bidder to provide proof of their identity and, in the case of a legal entity, a Kbis extract less than 3 months old, it being specified that only the legal representative of the company or any duly authorised person may bid, as well as their bank references. In the event of failure to comply with the identification procedures, AGUTTES reserves the right to refuse registration for the auction. The lot sold will be invoiced in the name and address of the bidder. No subsequent modification may be made. The bidder is deemed to be acting in his/her own name and will be solely responsible for the bid made unless he/she is informed in advance of his/her capacity as proxy under the conditions indicated below. Any false information will incur the liability of the successful bidder.

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 will be jointly and severally liable. 

Conduct of the sale : The auctioneer conducts the sale in a discretionary manner, ensuring freedom and equality between bidders, while respecting the practices established by the profession. The auctioneer is responsible for policing the sale, which allows him to refuse bids or withdraw a lot without having to justify it. 

Bidding: The highest and last bidder will be the successful bidder, regardless of the means used (order, internet, telephone, on site, etc.). The auction is completed by the pronouncement of the word "Adjudicated", which forms the sales contract between the vendor and the successful bidder. Each lot is identified with a number corresponding to the number allocated to it in the sale catalogue. 

Sellers are prohibited from bidding directly on lots belonging to them. In the event of a simultaneous "double-bid" recognised by the auctioneer, the lot will be reoffered for sale, with all bidders present being able to bid for this second auction.

Retraction: Each adjudication and bid is final and binding on the person who made it, it being recalled that the successful bidder may not retract whether in the auction room, on the telephone, online or on a purchase order. 

Transfer of risks and ownership: The transfer of ownership and risks between the seller and the successful bidder occurs when AGUTTES pronounces the word "adjudged". The successful bidder is informed that the lot is stored by the Vendor until it is collected, and that the Vendor declines all responsibility for any loss or damage that the lots may suffer from the time of the auction, the successful bidder having to insure the lots acquired from the time of the auction. 

III-         EXECUTION OF THE SALE

Buyer's premium: In addition to the hammer price, the successful bidder must pay the buyer's fee per lot, calculated as follows: 20% before tax + VAT at the current rate, i.e. 24% including tax. 

VAT: The VAT rate is 20%. The lot will be sold subject to VAT in its entirety. The buyer's slip will therefore show VAT on the hammer price, fees and ancillary costs, which may be reclaimed by : 

- French taxable buyers ; 

- a professional buyer from the European Union, (i) with an intra-Community VAT number and (ii) providing proof of export of the lots from France to another Member State; 

- a buyer who is not a resident of the European Union by providing (i) an export customs document showing AGUTTES as the shipper (ii) when the export takes place within 3 months of the auction date or the date on which the export passport is obtained.

In addition to the auction price and the buyer's fees, the successful bidder must pay all taxes, including VAT, as well as any administration, handling and storage fees. The successful bidder acknowledges and accepts that any shipping costs, taxes and costs of export to a third country will remain at his expense.

Payment of the sums due must be made "in cash" by the successful bidder as soon as the sale is made. Payment is made in euros. Any bank charges will not be deducted from the sums due. 

Payment methods: Legal means of payment accepted by the AGUTTES accounts department (payment by bank card or bank transfer is strongly recommended): 

- Bank card: bank charges, which usually vary between 1 and 2%, are not payable by the firm; 

- American Express card: a commission of 2.95% inc VAT will be charged for all payments. Remote card payments and split payments in several instalments for the same lot with the same card are not permitted; 

- Online payments up to €10,000 on https://www.aguttes.com/paiement/index.jsp; 

- Bank transfer: from the buyer's account, quoting the invoice number:

IBAN FR76 3006 6109 1300 0203 7410 222 

BIC CMCIFRPP Titulaire du compte AGUTTES 

Domiciliation 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 whose tax domicile is abroad (on presentation of passport and proof of domicile); 

- Cheque (as a last resort) : On presentation of two pieces of identification. There is no delay in cashing cheques. Tickets will not be issued until twenty days after payment has been made. Foreign cheques are not accepted.

Defaulting bidder : In the absence of cash payment by the buyer, the property may be put back up for sale on reiteration of the bids at the request of the seller in accordance with the procedure set out in article L.321-14 of the French Commercial Code. If the seller does not make this request within three months of the auction, the sale will be cancelled ipso jure. In all cases, the defaulting buyer will be obliged to pay AGUTTES :

- All costs and accessories incurred by AGUTTES relating to the recovery of unpaid invoices (including legal fees); 

- Penalties for late payment calculated by applying interest at the rate of the semi-annual key rate (refinancing rate or Refi) of the European Central Bank (ECB) in force, increased by five points on the total sums due; 

- Damages to compensate for the loss suffered by AGUTTES (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 cause to be exercised all rights and remedies, in particular the right of retention, over any property of the defaulting buyer in the custody of AGUTTES; 

- To prohibit the defaulting buyer from bidding in future sales organised by AGUTTES or to make the possibility of bidding subject to the payment of a preliminary deposit; 

- To register the defaulting bidder in a file of bad payers shared between the various member auction houses. AGUTTES is a member of the Central Register of Auctioneers for the prevention of non-payment, with which payment incidents may be registered. Rights of access, rectification and opposition on legitimate grounds may be exercised by the debtor concerned at Symev 15, rue Freycinet 75016 Paris.

Withdrawal and storage of the lot: the lot awarded may only be withdrawn by the successful bidder after full payment of the purchase slip, cashed into AGUTTES' bank account, and payment of any applicable storage charges. Once paid, the lot, which is stored in the Paris region, will be available by appointment from 24/10/2023, at the address which will be communicated to the buyer after payment.

Please contact Pierre-Luc Nourry, the auction manager, to arrange collection of the lot at the following e-mail address: nourry@aguttes.com. The lot will be delivered to the successful bidder in person upon presentation of any document proving his identity or to a third party designated by him and entrusted with an original power of attorney and a copy of his identity document. Lots are collected at the sole expense and risk of the successful bidder.

Storage of the lot which is not collected before 22/12/2023 will be invoiced by the Seller as follows :

- 50€ per day of delay from the aforementioned date.

Resale of lots paid for and not collected: In the event that the lot awarded and paid for during an auction sale has still not been collected by the buyer within the deadlines agreed above and that the applicable storage, custody and conservation costs exceed the auction value of the lot, AGUTTES reserves the right to sell it in order to be reimbursed for all costs due.

IV-        RIGHT OF PREEMPTION 

The French State may exercise a right of pre-emption on any public or private sale of cultural property. The State has a period of 15 days from the date of the public sale to confirm the exercise of its right of pre-emption and to subrogate itself to the buyer. 

V-         EXPORT

Export formalities (export licence applications) for subject lots are the sole responsibility of the successful bidder and may take up to 4 months. The successful bidder will be solely responsible for any shipping costs and local duties and taxes at the final destination. AGUTTES is at the disposal of its buyers to guide them through these procedures. AGUTTES cannot be held responsible for costs and delays. AGUTTES will not be held responsible for the refusal or delay of an administrative decision. The refusal to issue a certificate or a licence can in no case justify either a lack or delay of payment by the buyer or a cancellation of the sale.

VI-        APPLICABLE LAW AND COMPETENT COURT

Civil liability claims arising from auctions and voluntary and judicial sales of furniture by public auction are subject to a limitation period of five years from the date of the auction. French law alone governs the GCS. Any dispute relating to their existence, validity, performance and enforceability against any bidder who is a merchant shall be settled by the Commercial Court of Nanterre (France). In the event that the bidder or purchaser is not a merchant, the dispute shall be settled by the competent court in accordance with the law. Any difficulty may be referred in writing to the Government Commissioner of the French Council of Voluntary Sales of Furniture by Public Auction with a view to reaching an amicable solution.

VII-        PERSONAL DATA

The data collectors are informed that AGUTTES is likely to collect and process the data concerning them in accordance with the Regulation General on the Protection of data n°2016/679 of 27 April 2016 (GPGD) and the law " Computer and Freedom " n°78-17 of 6 January 1978 modified by the law n° 2018-493 of 20 June 2018 relating to the protection of data personal character. The data is collected for the purposes of managing their contractual or pre-contractual relations (sales registration, invoicing, accounting, settlements, communication...). This data includes information such as surnames, first names, postal address, e-mail address, telephone number and bank details. Bidders are informed that they have a right of access, rectification, deletion, portability, opposition and limitation with regard to this data with AGUTTES. Requests should be made in writing to: communication@aguttes.com. Any complaint concerning the legislation applicable to data protection may be made to the CNIL: www.cnil.fr.

VIII-       INTELLECTUAL PROPERTY

AGUTTES is the owner of all reproduction rights on its catalogue. Any reproduction thereof is prohibited and constitutes an infringement. The sale of a lot does not in any way imply the transfer of any applicable intellectual property rights (representation and/or reproduction) on the work.