Paintings from the 19th and 20th centuries - The breath of Modernity

CONDITIONS OF SALE :

As part of our auction activities, our auction house collects personal data concerning the seller and the buyer. The latter therefore have the right to access, rectify and object to their personal data by contacting our auction house directly.

Our OVV may use this personal data to meet its legal obligations and, unless the persons concerned object, for the purposes of carrying out its business (in particular, sales and marketing operations). This data may also be communicated to the competent authorities where required by law.

The general terms and conditions of sale and all related matters are governed solely by French law. Purchasers or their agents accept that any legal action shall fall within the exclusive jurisdiction of the French courts (Paris). The various provisions of the general terms and conditions of sale are independent of each other. The nullity of one of these provisions does not affect the applicability of the others.

The fact of taking part in this public auction implies that all buyers or their agents accept and adhere to all the conditions set out below.

The sale is made in cash (Art. 1650 of the French Civil Code) and conducted in euros. A currency conversion system may be set up at the time of the sale.

The counter-values in foreign currencies of the bids placed in the room in euros are provided for information only

DEFINITIONS AND GUARANTEES

The information given in the catalogue is drawn up by MILLON and the independent experts mentioned in the catalogue, subject to the rectifications, notifications and declarations announced at the time of presentation of the lot and recorded in the sale record.

The dimensions, colours of the reproductions and information on the condition of the object are provided for information only. Any information relating to an incident, accident, restoration or conservation measure affecting a lot is provided in order to facilitate its inspection by the potential buyer and remains subject to the latter's entire discretion. This means that all lots are sold in the condition in which they were at the time of the auction, with all possible defects and imperfections.

No claims will be accepted once the lots have been sold, as the buyers will have had the opportunity to examine the works on display.

For lots with a low estimate in excess of €2,000, as shown in the sale catalogue, a condition report on the state of conservation of the lots may be provided free of charge on request.

The information contained therein is provided for information purposes only. MILLON and its experts cannot be held liable in any way whatsoever.

In the event of a dispute at the time of the auction, i.e. if it is established that two or more bidders have simultaneously made an equivalent bid, either aloud or by sign, and are claiming the lot at the same time after the word "awarded" has been pronounced, the said lot will be reoffered for sale at the price proposed by the bidders and all the public present will be admitted to bid again.

- In accordance with article L321-17 of the French Commercial Code, civil liability claims arising from voluntary sales lapse five years after the auction.

- Only French law is applicable to this sale. Only French courts are competent to hear any dispute relating to this sale.

Lots marked with " ° " include elephant ivory which is free to sell as it predates 3/03/1947. If the buyer wishes to export the item outside the EU, he must obtain an export permit in his name from the DRIEE. This is at the buyer's expense.

Lots marked with a "J" will be subject to a judicial report at the legal buyer's expense of 12% excluding VAT, i.e. 14.40% including VAT.

BIDDERS' CHARTER :

By participating in public auctions at MILLON, bidders, whatever their nationality, undertake to comply with article 3 nonies of European Council regulation 2022/428 of 15 March 2022 and its annex XVIII, namely: A ban on the sale and any direct or indirect transfer to Russia of works of art, antiques and collectors' items.

This ban also applies to cars, wines and spirits, leather goods, clothing and textiles, precious stones, pearls and jewellery, coins and silverware, porcelain, glass and crystal, watches and musical instruments, as well as electronic and electrical items.

The unit value thresholds applied to this ban are as follows: Works of art, collectors' items and luxury goods: from €300 Land vehicles: from €50,000 (€5,000 for two-wheelers) Electronic items for domestic use: from €750 Electronic sound and image recording devices: from €1,000

By taking part in public auctions at MILLON, bidders accept responsibility for any failure to comply with the above obligations.

MILLON is at your disposal for any further information: Service-client@millon.com or +33 (0)1 48 00 99 44

PURCHASE ORDERS AND TELEPHONE AUCTIONS

MILLON does not charge for taking into account and executing purchase orders and bids by telephone.

MILLON will do its utmost to execute bids received in writing up to 2 hours before the sale.

MILLON shall not be held liable for failure to execute a bid order or for any error or omission in the execution of such orders. Furthermore, our company will not assume any liability if, in the context of telephone auctions, the telephone connection is interrupted, not established or late.

Although MILLON is prepared to accept telephone orders up to the end of auction hours at the latest, it accepts no liability for non-fulfilment due to errors or omissions in connection with telephone orders.

Please note that telephone conversations during telephone auctions at Hôtel Drouot may be recorded.

Irrevocable bid :

Any bidder may send the Auction House an irrevocable offer to purchase a lot appearing in the sale catalogue in order to give the Auction House a firm, final, irrevocable and unconditional instruction to bid on his behalf for a certain sum (regardless of the amount of any other bids).

In this case, it may be agreed that the Buyer will receive compensation calculated either on the hammer price or as a lump sum.

If an irrevocable bid for a lot is received by the Auction House before the sale, it will be mentioned in the sale catalogue that the lot is the subject of an irrevocable bid. If an irrevocable bid is received after the sale catalogue has been printed, the auction house will announce in the auction room, when the lot is put up for auction, that the lot is the subject of an irrevocable bid.

Any third party who advises you on the purchase of a lot that is the subject of an irrevocable bid must disclose to you the existence of their financial interest in the lot.

If a third party advises you on the purchase of a lot subject to an irrevocable offer to purchase, you must require them to disclose whether or not they have a financial interest in the lot.

Any person who is about to bid on the lot that is the subject of an irrevocable offer to purchase, who has a direct or indirect, permanent or occasional community of interest with the Auctioneer, and who has agreed with the Auctioneer on a financial arrangement likely to hinder the bidding, is liable to criminal penalties in accordance with the provisions of article 313-6 of the French Penal Code, which states that : "The act, in a public auction, of excluding a bidder or limiting bids or offers, by means of gifts, promises, agreements or any other fraudulent means, is punishable by six months' imprisonment and a fine of 22,500 euros. Accepting such gifts or promises is punishable by the same penalties.

The same penalties apply to

1° Any person who, at a public auction, hinders or disrupts the free bidding process by violence, assault or threats;

2° Carrying out or participating in an auction after a public auction without the assistance of the competent ministerial officer or sworn goods broker or a declared operator of voluntary sales of furniture by public auction. Attempts to commit the offences provided for in this article shall be subject to the same penalties.

DEPOSIT

MILLON reserves the right to request a deposit from bidders when they register. This deposit will be automatically deducted if the winning bidder fails to pay within 15 days of the sale (invoice date).

AUCTIONS VIA DIGITAL PLATFORMS

MILLON cannot be held responsible for the interruption of a Live service during a sale or for any other malfunction that may prevent a buyer from bidding via a technical platform offering the Live service. The interruption of a Live auction service during a sale does not necessarily justify the auctioneer stopping the auction.

In the event of bids being placed between the blow of the hammer and the adjudication (pronouncement of the word "adjugé" for live auctions), the auctioneer will resume the bidding.

In the case of live auctions, i.e. simultaneously in the auction room and online, priority will be given to the bid placed in the auction room in the event of simultaneous bids.

BIDDING LEVELS

Bidding increments are left to the discretion of the auctioneer in charge of the sale. If the amount of the bids proposed - either physically, by telephone, by firm purchase order, live or by "secret order" deposited on partner relay platforms - is deemed insufficient, inconsistent with the amount of the previous bid or likely to disrupt the proper conduct, fairness and pace of the sale, the auctioneer may decide not to take them into account.

COSTS TO BE BORNE BY THE BUYER

The buyer will pay MILLON, in addition to the hammer price per lot, a degressive auction commission per tranche of :

- 25% excl. tax, i.e. 30% incl. tax * Except for :

- Less than €2,500: 27.5% excluding VAT (i.e. 33% including VAT *)

Then degressive as follows :

- 20.83% excl. tax (i.e. 25% incl. VAT *) from €500,001 to €1,500,000

- 16.66% excluding VAT (i.e. 20% including VAT *) above €1,500,001

*Current VAT rate: 20% Total price = auction price (hammer price) + auction commission

In addition :

- for lots purchased via the Interencheres.com platform, the selling costs payable by the buyer are increased by 3% (excl. VAT) of the hammer price (see the GCS of the Interencheres platform).

- for lots purchased via the Drouotlive.com platform, the sale costs payable by the buyer are increased by 1.5% (excluding VAT) of the auction price (see the General Terms and Conditions of Sale of the Drouotlive.com platform).

- for lots purchased via the Invaluable.com platform, the selling costs payable by the buyer are increased by 3% (excluding VAT) of the hammer price (see the General Terms and Conditions of Sale of the Invaluable.com platform).

COLLECTION OF PURCHASES, INSURANCE, STORAGE AND TRANSPORT

MILLON will only hand over the lots sold to the buyer once the total price has been received. It is the buyer's responsibility to insure the lots as soon as they are sold, since from that moment on, the risks of loss, theft, damage or other are the buyer's sole responsibility.

MILLON declines all responsibility for the damage itself or for the buyer's failure to insure against such damage. Winners are advised to remove their lots as soon as possible. No compensation will be due, in particular for damage to the frames and glass covering the lots. Plinths are for display purposes only and do not form an integral part of the work.

DEFERRED WITHDRAWAL OF PURCHASES AND STORAGE:

MILLON will provide free storage for 45 days after the sale. After this period, storage and transfer costs from our premises to our storage facility at 116 bd Louis Armand - 93330 Neuilly sur Marne, will be invoiced at a rate of :

- 10 excluding VAT / Lot / completed week for a volume greater than 1 M3

- 7 excluding VAT / Batch / completed week for a volume of less than 1 M3

- 5 excl. tax / Batch / completed week for storage that "fits in the palm of your hand".

These conditions and charges do not apply to lots deposited in the Hôtel Drouot storage area, the cost of which depends on the Hôtel Drouot itself (see Sales and storage at Drouot)

Important reminder:

For sales known as "Aubaines" (bargain sales) held in our storage facilities, free storage will not exceed 15 days.

Concerning sales in Salle VV, (3 rue Rossini 75009 PARIS): We would like to inform our clients that furniture, carpets and bulky items will be transferred to our storage facility in Neuilly sur Marne (address above) and will be available to buyers after full payment of the consignment note.

TRANSFER REQUESTS FOR REMOVAL FROM AFTER-SALES STORAGE :

Any request to transfer lots between our Paris addresses and/or our storage facility will be invoiced in addition to the initial purchase slip:

- 15 € excl. tax per small lot not exceeding 5 items.

- 40 excl. tax per purchase order not exceeding 5 items and up to 1 M3.

For a larger volume of purchases, any request for transfer can only be made after acceptance of an estimate. Furniture is excluded from the so-called "shuttle transferable" lots, but may be the subject of delivery estimates. If the transferred lots are not claimed more than 7 days after their registration in the destination premises, they will be returned to our furniture repository without any possibility of reimbursement and the free storage periods will resume from the day of the sale.

Long-term storage can be negotiated with our teams (116@millon.com):

FOR ALL INFORMATION: Stéphane BOUSQUET 116, Bd Louis Armand, 93330 Neuilly-sur-Marne 116@millon.com

Lots may not be delivered or collected without full payment of the storage and delivery charges.

SALES AND STORAGE AT THE HOTEL DROUOT

For sales taking place at Hôtel Drouot, furniture, carpets and bulky or fragile items 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.

The Hôtel Drouot shopping service is independent of MILLON. This service is subject to a fee, which is payable by the purchaser (information: magasinage@drouot.com)

TEMPORARY IMPORTATION

Purchasers of lots marked with an asterisk (*) must pay import VAT (5.5% of the hammer price, 20% for jewellery and watches, cars, wines and spirits and multiples) in addition to the sale price.

LEAVING FRENCH TERRITORY

The removal of a lot from France may be subject to administrative authorisation. Obtaining the relevant document is the sole responsibility of the successful bidder. Delay or refusal by the authorities to issue exit documents will not justify cancellation of the sale, late payment or cancellation.

If our Company is asked by the buyer or his representative to make these requests to leave the country, all the costs incurred will be at the expense of the requesting party. This operation is merely a service provided by MILLON.

Export formalities (certificate applications for cultural objects, export licences) for lots subject to export regulations are the responsibility of the buyer and may require a delay of 2 to 3 months.

EXPORT AFTER THE SALE

VAT collected in respect of the sale costs or VAT collected in respect of the temporary importation of the lot may be refunded to the successful bidder within the legal time limit on presentation of the documents justifying the export of the lot purchased.

PRE-EMPTION BY THE FRENCH STATE

In certain cases defined by law, the French State has the right to pre-empt works sold at public auction. In this case, the French State takes the place of the last bidder, provided that the declaration of pre-emption made by the State's representative in the auction room is confirmed within fifteen days of the sale.

MILLON cannot be held responsible for any pre-emptive decisions made by the French State.

RESPONSIBILITY OF BIDDERS

By bidding on a lot using any of the transmission methods proposed by MILLON, bidders assume personal responsibility for paying the hammer price of this lot, plus the auction commission and any duties or taxes due. Bidders are deemed to be acting in their own name and on their own behalf, unless otherwise agreed prior to the sale and in writing with MILLON.

Subject to the decision of the authorised auctioneer and provided that the final bid is higher than or equal to the reserve price, the last bidder will become the buyer, the blow of the hammer and the pronouncement of the word "adjugé" will materialise the acceptance of the last bid and the formation of the sales contract between the seller and the buyer. The lots awarded will be the sole responsibility of the successful bidder.

In the event of a dispute by a third party, MILLON may hold the bidder solely responsible for the bid in question and its payment.

PAYMENT OF THE TOTAL PRICE

MILLON specifies and reminds you that the sale by public auction is made in cash and that the successful bidder must immediately pay the total amount of his purchase, regardless of whether he wishes to remove his lot from French territory (see "Removal from French territory").

Payment may be made as follows

- in cash up to a limit of €1,000 for French residents / €15,000 for private individuals whose tax domicile is abroad (on presentation of proof);

- by bank or post office cheque, subject to presentation of valid proof of identity (cheques will not be issued until twenty days after payment has been made. Foreign cheques are not accepted);

- by Visa or Master Card ;

- by online payment: https://www.millon.com/paiement-en-ligne;

- by bank transfer in euros to the following address: DOMICILIATION: NEUFLIZE OBC 3, avenue Hoche - 75008 Paris IBAN FR76 3078 8009 0002 0609 7000 469 BIC NSMBFRPPXXX

For successful bidders who have bid via the Interenchères.com platform, MILLON will deduct the total price from the bidding slip directly from this site within 48 hours of the end of the sale.

LATE PAYMENT

After 30 days (invoice date), any late payment will incur late payment penalties equal to 3 times the legal interest rate as well as a fixed indemnity for collection costs of 40 euros.

MILLON subscribes to the TEMIS service, which enables the consultation and updating of the File of restrictions on access to auction sales ("TEMIS File") implemented by the company Commissaires-Priseurs Multimédia (CPM), S.A with its registered office at (75009) Paris, 37 rue de Châteaudun (RCS Paris 437 868 425).

Any auction slip which remains unpaid to MILLON or which is the subject of a delay in payment may be registered in the TEMIS file

For further information, please consult the TEMIS data protection policy: https://temis.auction/statics/politique-protection-dp-temis.pdf

DEFAULT OF PAYMENT

In the event of non-payment, if the sale is cancelled or the work is resold upon re-bidding under the conditions of article L321-14 of the French Commercial Code, the defaulting buyer shall pay MILLON a fixed indemnity corresponding to (i) the amount of the buyer's costs and (ii) €40 in recovery costs, as compensation for the loss suffered, without prejudice to any additional damages due to the seller.

MILLON also reserves the right to offset any sums owed by the defaulting buyer or to cash any deposit cheques.

DISPATCH OF PURCHASES

We would like to inform our customers that MILLON does not take responsibility for shipping goods after sales.

For all shipping requests, MILLON recommends using its partner carrier (THE PACKENGERS - hello@thepackengers.com) or any other carrier of the customer's choice.

In any case, MILLON is not responsible for the shipping, handling and storage of the lot during transport.

If MILLON agrees to handle the shipment of a good exceptionally, its responsibility can not be questioned in case of loss, theft or accidents that remains the responsibility of the buyer. Furthermore, this shipment will only be carried out on receipt of a letter discharging MILLON of its responsibility in the future of the item shipped, and will be the exclusive financial responsibility of the buyer.

INTELLECTUAL PROPERTY

The sale of a lot does not imply the transfer of reproduction or representation rights of which it may be the material support.