TERMS AND CONDITIONS OF SALE
ESTIMATES, SELLING EXPENSES & MINUTES
The sale is made for cash in the order of the catalog. However, the auctioneer reserves the right to defer the sale of one or more lots, or to divide or group lots in the interests of the sale. Estimates in the catalog are given for information only, and prices, generally based on the low estimate, may vary up or down.
Costs payable by buyers (per lot in addition to the hammer price) according to the following sliding scale:
- Less than €1,500: 27.5% excl. tax (33% inc. VAT*)
- 25 % excl. tax (i.e. 30% incl. VAT *) from €1,501 to €500,000
- 20.83% excl. tax, i.e. 25% incl. VAT * from €500,001 to €1,500,000
- 16.66% excl. tax, i.e. 20% incl. * over €1,500,001
In accordance with the law, the information given in the catalog is the responsibility of the auctioneer and, where applicable, the experts assisting him, taking into account any corrections announced at the time of presentation of the items and recorded in the sale report. No claims will be accepted once the sale has been announced, concerning the condition of the objects, and in particular any accidents that may not have been reported, as the exhibitions have enabled the purchasers to observe the condition of the objects presented, or, in the case of live sales, the numerous photos that have been taken have the status of an exhibition.
The condition of frames is not guaranteed. Reupholstering, parquetry or lining, constituting a conservatory measure and not a defect, will not be reported.
TERMS OF PAYMENT
French buyers: - Online payment at
www.hotel-ventes-giraudeau-tours.fr. Indicate slip number and e-mail address (up to €15,000).
Cheques are not accepted. Cash payments are limited to consignments under 1000€ - Credit card (Interencheres direct debit / remote validation) or bank transfer. EEC or non-EEC purchasers: TRANSFER only.
In order to avoid unpaid bids and wild bids, Hôtel des Ventes Giraudeau will require a deposit equivalent to the low estimate for lots preceded by " // ". Any purchase order or telephone bid request cannot be executed unless the deposit has been acknowledged before the sale. In the event of adjudication, it will be considered as a deposit. In the event of failure, it will be returned within 3 days. The auctioneer reserves the right to defer the delivery of items until full payment has been received.
PURCHASE ORDERS & TELEPHONE AUCTIONS
The auctioneer will execute purchase orders free of charge for those unable to attend the sale. A form is available online or on request, and must be completed. No telephone order will be accepted for an estimate of less than €200. The auctioneer will represent you so as not to slow down the sale (the bidding process will be respected). Purchase orders and telephone reservations must be accompanied by a copy of the front of the credit card (numbers visible) and the cryptogram must be communicated separately.
The auctioneer will only accept telephone bids if all bank guarantees are provided and accompanied by a written request. Persons requesting a telephone bid are deemed to be purchasers at the low catalog estimate. The auctioneer declines all responsibility in the event of an incident preventing the online correspondent from being reached.
Purchase orders and telephone bids are only a facility granted to customers and may not be the subject of any claim. In order to be registered, orders must reach the Hôtel des Ventes no later than: the day before 6pm for sales starting at 10am or before 10am for sales starting at 2pm.
LIVE BIDDING VIA THE LIVE SERVICE OF INTERENCHERES.COM, AUCTION.FR OR DROUOT.COM
If you wish to bid online during the sale, please register and make a credit card imprint (neither your credit card number nor its expiry date are stored). You hereby agree that Interencheres.com or Drouot.com may provide Hôtel des Ventes with all information relating to your registration and credit card imprint. The Hôtel des Ventes reserves the right to request, if necessary, additional information before you register to bid online. Any online bid will be considered as an irrevocable commitment to buy. If you bid online, you authorize Hôtel des Ventes to use your credit card imprint to pay for all or part of your purchase, including the usual fees payable by the buyer. These charges are increased, only for voluntary lots, on the Interencheres or Auction platforms by 3% excl. tax (3.60% incl. VAT), on the Drouot platform by 1.5% excl. tax (1.80% incl. VAT).
L'Hôtel des Ventes cannot guarantee the efficiency of this auction method, and cannot be held responsible for any connection problems to the service, for whatever reason. In the event of simultaneous or final bids of equal value, it is possible that the online bid will not be taken into account if the room bid was earlier. In any case, the auctioneer will be the sole judge of the winning bid and of the adjudication on his minutes.
SECRET PURCHASE ORDERS VIA INTERENCHERES.COM, AUCTION.FR OR DROUOT.COM
Hôtel des Ventes has no knowledge of the maximum amount of your secret orders placed via interencheres.com/37002 or drouot.com. Your bids are formed automatically and progressively within the limit you have set. The execution of the order adapts to the bidding speed according to the current bids. The bidding step is defined by the following intervals on Interencheres: 5€ up to 19€, 10€ from 20 to 199€, 20€ from 200 to 499€, 50€ from 500 to 999€, 100€ from 1000 to 2999€, 200€ from 3000 to 4999€, 500€ from 5000 to 9999€, 1000€ from 10000 to 19999€, 2000€ from 20000 to 49999€, 5000€ from 50000 to 99999€, 10000€ to 100000€ and more. If you are the successful bidder via a secret purchase order, you authorize Hôtel des Ventes to use your credit card imprint to pay for all or part of your purchase, including the usual fees payable by the buyer.
These charges are increased on live sales: Drouot 1.8% inc. VAT - Interencheres 3.60% inc. VAT of the hammer price or €42 inc. VAT for vehicles.
L'Hôtel des Ventes cannot guarantee the efficiency of this auction method and cannot be held responsible for any connection problems to the service, for whatever reason. In the event of simultaneous or final bids of equal value, it is possible that the online bid will not be taken into account if the room bid was earlier. In any case, the auctioneer will be the sole judge of the winning bid on his minutes.
WITHDRAWALS & SHIPPING CONDITIONS
This sale will take place at Hôtel Drouot and all lots will be stored in the Magasinage department of Hôtel Drouot.
Access is via 6bis rue Rossini - 75009 Paris and is open Monday to Saturday from 9am to 10am and from 1pm to 6pm. Hôtel Drouot's shopping service is independent of Hôtel des Ventes GIRAUDEAU and Maison MILLON.
This service is subject to a fee, which is payable by the purchaser (information:
magasinage@drouot.com).
GUNS (category C)
Weapons and ammunition may only be sold to French nationals holding a valid hunting license or shooting license, whose identity can be verified on the FINIADA file, and who hold an SIA number. A fee of €20 per weapon will be charged to the purchaser, in addition to the sale price, for FINIADA (fichier des interdits de détention) checking and registration in the purchaser's rack via the Livre de Police Numérique. These weapons can only be collected once the declaration has been validated on the AIS. Guns will only be handed over in person to the purchaser.
GENERAL DATA PROTECTION REGULATION (GDPR)
As part of our auction activities, our auction house collects personal data concerning the seller and the buyer or the person placing a purchase order. The latter therefore have a right of access, rectification and opposition to their personal data by contacting our auction house directly. Hôtel des Ventes Giraudeau may use this personal data to meet its legal obligations and, unless the persons concerned object, for the purposes of carrying out its activity (in particular sales and marketing operations such as sending newsletters or sales catalogs by e-mail). This data may also be communicated to the competent authorities where required by law.
DEFAULT
In the event of non-payment of purchases within one month of the sale, the auctioneer reserves the right to issue a formal notice to pay by registered letter with acknowledgement of receipt. This formal notice will lead to an increase in costs of 10% (excluding VAT) and collection at the buyer's expense by a bailiff. Items not paid within three months of the auction will be put back on sale.
PAYMENT INCIDENTS - SYMEV FILE - AUCTION SALES ACCESS RESTRICTIONS FILE (TEMIS)
The information collected on the registration forms is compulsory in order to take part in the sale and for the auction to be taken into account and managed. You have the right to access and rectify your personal data, or to object on legitimate grounds to their further processing, by sending a written request accompanied by a copy of your identity document to the sales operator by post or e-mail. The voluntary sales operator Hôtel des Ventes Giraudeau 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.
Any adjudication slip which remains unpaid to HOTEL DES VENTES GIRAUDEAU, or Selarl JGB, or which has been subject to late payment, is liable to registration in the "TEMIS" file of restrictions on access to auction sales, set up by Commissaires-Priseurs Multimédia (CPM), a limited company with a management board, having its registered office at 37 rue de Châteaudun, 75009 Paris, registered in the Paris Trade and Companies Register under number 437 868 425.
The TEMIS file may be consulted by all auction houses operating in France and subscribing to this service. The list of TEMIS subscribers can be consulted on the
www.interencheres.com website, in the "Buy by auction" menu, under the "Auctioneers" heading. Inclusion in the TEMIS File may result in a limitation of the bidder's ability to bid with professionals subscribing to the TEMIS service. It will also result in the temporary suspension of access to the "Live" service of the
www.interencheres.com platform managed by CPM, in accordance with the general terms and conditions of use of this platform.
If a bidder is registered in the TEMIS file, HOTEL DES VENTES GIRAUDEAU or Selarl JGB may make access to the auctions it organizes conditional upon the use of specific means of payment or guarantees, or temporarily refuse the bidder participation in auctions for which such guarantees cannot be implemented.
Bidders wishing to know whether they are registered in the TEMIS file, to contest their registration, or to exercise their rights of access, rectification, deletion, limitation or opposition under the applicable legislation on the protection of personal data, may send their requests in writing, proving their identity by producing a copy of an identity document, for registrations made by HOTEL DES VENTES GIRAUDEAU or Selarl JGB, in writing to the Auction House, for registrations made by other professional subscribers, in writing to CPM, 37 rue de Châteaudun, 75009 Paris or by e-mail
contact@temis.auction. The Bidder also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), 3 place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07,
www.cnil.fr, concerning his registration in the TEMIS file.
To find out more about the TEMIS file, bidders are invited to consult the interencheres.com web page or the temis.auction website.
Important notifications concerning the outcome of the auction will be sent to the e-mail address and/or postal address declared by the bidder to the structure at the time of the auction. The bidder must inform the auction house of any change in his contact details.
DECLARATION OF TRADE IN ANTIQUES - INTRA-COMMUNITY CERTIFICATE - PROTECTED SPECIES - IVORY AND HORN - CITES
In accordance with the entry into force of Commission Regulation (EU) 2021/2280 of December 16, 2021, since January 19, 2022, lots containing worked, pre-Convention ivory of Elephantidae spp (I/A) predating March 3, 1947, may only be traded after instruction of a K permit and obtaining an Intra-Community Certificate (CIC) issued by the DREAL and only by a purchaser residing within the European Union.
To do so, the person declared the successful bidder gives HOTEL DES VENTES GIRAUDEAU a mandate to make the necessary declaration of purchase on his behalf to the competent Administration in accordance with article 2bis of the modified decree of August 16, 2016. The successful bidder is solely responsible for taking all other steps resulting from the particular nature of such a lot. In particular, it is the buyer's responsibility to take any steps required for resale or export. It is no longer possible to obtain a CITES re-export certificate to leave the European Union.
The conditions for consignments containing Rhinoceros ivory remain unchanged, with an application for a D permit enabling a Declaration of Trade in Antiques to be obtained.
