Terms and Conditions :
The fact of participating in the present public auction implies that all bidders, buyers or their proxies, 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 bids placed in the room in euros are provided for information only.
DEFINITIONS AND GUARANTEES
Catalogue-exhibition and condition report. The information given in the catalog is drawn up by MILLON and the independent experts mentioned in the catalog, subject to rectifications, notifications and declarations announced at the time of presentation of the lot and recorded in the minutes of the sale. We strongly recommend that you come to the exhibition to see the condition of the objects. All indications of any incident, accident, restoration or conservatory measure affecting a lot are communicated in order to facilitate its inspection by the potential buyer, and remain subject to the latter's entire appreciation. This means that all lots are sold in the condition in which they are at the precise moment of their adjudication, with all possible defects, accidents and imperfections. For lots with a low estimate in excess of 2,000 euros, as shown in the sale catalog, a condition report on the state of conservation of the lots may be provided free of charge on request.
Concurrent bids. In the event of a dispute at the time of the bids, i.e. if it is established that two or more bidders have simultaneously made an equivalent bid, either aloud or by sign, and claim the lot at the same time after the word "adjugé" has been pronounced, the said lot will be re-bid at the price proposed by the bidders and all the public present will be admitted to bid again.
Liability. According to article L321-17 of the French Commercial Code, civil liability claims arising from voluntary sales are subject to a five-year statute of limitations, starting from the auction date.
Ivory. Lots marked with " ° " include elephant ivory which is free to sell as it predates 3/03/1947.
Exportation. 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.
Judicial sale. Lots preceded by a "J" will be subject to a judicial report at the legal buyer's expense of 12% ex VAT, i.e. 14.40% inc VAT.
BUY ORDERS :
Irrevocable bid. Any bidder may send the auction house an irrevocable bid for the purchase of a lot listed in the sale catalog in order to give the auction house a firm, definitive, 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 bidder will receive an indemnity calculated either on the hammer price, or corresponding to 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 catalog that the lot is the subject of an irrevocable bid. If an irrevocable bid for a lot is received after the sale catalog 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. In all cases, this will be mentioned in the sale minutes.
Any third party advising you on the purchase of a lot that is the subject of an irrevocable bid is required to disclose to you the existence of any 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 preparing to bid on the lot subject to an irrevocable offer to purchase, who has a direct or indirect, permanent or occasional community of interest with the author of the Offer, and who has agreed with the latter on a financial arrangement likely to hinder the bidding, is liable to criminal sanction in accordance with the provisions of article 313-6 of the French Penal Code, which states that: "The act, in a public auction, by gifts, promises, agreements or any other fraudulent means, of excluding a bidder or limiting bids or tenders, 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° Obstructing or disrupting free bidding or bidding at a public auction by violence, assault or threats; 2° Proceeding with or participating in a re-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. Any attempt to commit an offence under this article shall be subject to the same penalties.
DEPOSIT
MILLON reserves the right to require a deposit from bidders when they register if this is necessary to take part in the auction. This deposit will be automatically withdrawn in the absence of payment by the successful bidder within 15 days of the sale (invoice date).
RIGHT OF WITHDRAWAL FOR ONLINE SALES ONLY
The right of withdrawal applies to sales made between a professional seller and a consumer buyer within the meaning of the French Consumer Code.
When the seller is a professional, the buyer (or his agent), non-professional, has a right of withdrawal that he can exercise within fourteen (14) days from the date of receipt of the goods sold in accordance with the provisions of Article L.221-18 of the Consumer Code.
The aforementioned period begins on the day following receipt of the goods and may only expire on a working day, in accordance with the provisions of article L.221-19 of the French Consumer Code.
In order to exercise his/her right of withdrawal, the purchaser (or his/her representative) must expressly inform MILLON by sending the attached withdrawal form or a registered letter with acknowledgement of receipt, to the following address: MILLON, 19 rue de la Grange Batelière, 75009 Paris, within the aforementioned fourteen-day period, in accordance with the provisions of article L.221-1 of the French Consumer Code.
Within the same period, the buyer (or his representative) must return, at his own expense, the auctioned item to MILLON's head office, provided that the item returned is strictly in the same condition as it was on the day of the auction. Any item deposited at MILLON's head office after expiry of the above-mentioned withdrawal period, or in a condition different from that in which it was at the time of the auction, will be refused.
MILLON will reimburse the buyer (or the buyer's agent) of the purchase price on the date of receipt of the goods or, failing this, on the date of receipt of proof of shipment of the goods, in accordance with the provisions of article L.221-24 of the French Consumer Code, and the sale will be cancelled.
From the date of payment, the buyer has 48 hours to take delivery of the auctioned item.
AUCTION LEVELS
Bidding increments are left to the discretion of the auctioneer in charge of the sale.
COSTS TO BE BORNE BY THE BUYER
Costs payable by buyers (per lot in addition to the hammer price) are degressive as follows:
- Less than 1,500 euros: 27.5% excl. tax (33% inc. VAT*)
- 25 % excl. VAT (i.e. 30% incl. VAT*) from 1501 to 500,000 euros
- 20.83% excl. tax (i.e. 25% inc. VAT*) from 500,001 to 1,500,000 euros
- 16.66% excl. tax, i.e. 20% incl. VAT* from 1,500,001 euros upwards
* Current VAT rate: 20%.
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 CGV of the Interencheres platform).
- for lots purchased via the Drouotlive.com platform, the buyer is charged an additional selling fee of 1.5% (excl. VAT) of the hammer price (see Drouotlive.com platform GTC).
- for lots purchased via the Invaluable.com platform, the buyer will be charged an additional 3% of the hammer price before tax (see Invaluable.com platform's General Terms and Conditions of Sale).
COLLECTION, 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 purchaser'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 purchaser's sole responsibility. MILLON declines all responsibility for the damage itself or for the buyer's failure to insure against such damage. Buyers are advised to collect their lots on the day of the sale. No compensation will be due, in particular for damage to frames and glass covering the lots. Plinths are for presentation only and do not form an integral part of the work.
DEFERRED COLLECTION AND STORAGE
From the date of payment, the buyer has a period of 45 days after the sale to take delivery of the purchased item.
MILLON will provide free storage for 45 days after the sale. After this period, you will be billed for storage and transfer to a storage facility, in particular MILLON's storage facility at 116 bd Louis Armand - 93330 Neuilly sur Marne, at the rate of :
- 10 € excl. tax or 12 € incl. tax* / Lot / completed week for a volume greater than 1 M3
- 7 € HT or 8,40 € TTC* / Batch / completed week for a volume of less than 1 M3
- 5 € excl. VAT or 6 € incl. VAT* / lot / completed week for "hand-held" storage.
* Current VAT rate: 20%.
These conditions and charges do not apply to lots deposited at the Hôtel Drouot storage facility, the cost of which depends on the Hôtel Drouot itself (see paragraph "Sales and storage at Drouot").
Important reminders:
- In the case of "bargain" sales at the MILLON storage facility, free storage will not exceed 8 days.
- For sales at Salle VV, (3 rue Rossini 75009 PARIS), furniture, carpets and bulky items will be transferred to our storage facility in Neuilly sur Marne (address above) and made available to buyers after full payment of the consignment note.
- For online sales only (if the seller is a professional and the buyer is a consumer), the buyer has 48 hours from the date of payment to collect the item. MILLON will provide free storage for 48 hours after the sale. After this period, storage and transfer to a storage facility, in particular MILLON's storage facility at 116 bd Louis Armand - 93330 Neuilly sur Marne, will be charged at the rate of :
- 10 € excl. VAT (12 € incl. VAT*) / Lot / completed week for a volume greater than 1 M3
- 7 € excl. tax or 8.40 € incl. VAT*/ batch / completed week for a volume of less than 1 M3
- 5 € excl. VAT or 6 € incl. VAT* / lot / completed week for "hand-held" storage.
* Current VAT rate: 20%.
These conditions and charges do not apply to lots deposited in the Hôtel Drouot warehouse, the cost of which depends on the Hôtel Drouot itself (see paragraph "Sales and storage at Drouot"). If the successful bidder has not taken possession of the auctioned item within 30 days of the auction date, he will be charged an additional penalty of 300 euros per day of storage.
TRANSFER REQUESTS FOR COLLECTION OUTSIDE THE POST-SALE STORAGE AREA :
All requests to transfer lots between MILLON's Paris addresses and/or its storage facility will be invoiced in addition to the initial purchase slip:
- 15 € ex VAT (18 € incl. VAT*) per small lot not exceeding 5 items.
- 40 € excl. VAT or 48 € incl. VAT* per order not exceeding 5 purchases and up to 1 M3.
* Current VAT rate: 20%.
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 subject to 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 the MILLON company's furniture storage facility without possibility of reimbursement and the free storage periods will resume from the day of the sale.
Long-term storage can be negotiated with the MILLON company teams (116@ millon.com):
FOR FURTHER 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.
TEMPORARY IMPORTATION
Purchasers of lots marked with an asterisk (*) must pay import VAT (5.5% of the hammer price, 20% for jewelry and watches, automobiles, wines and spirits, and multiples) in addition to the sale price.
LEAVING FRENCH TERRITORY
The departure of a lot from France may be subject to administrative authorization.
Obtaining this document is the sole responsibility of the buyer of the lot concerned. Delay or refusal by the authorities to issue exit documents will not justify cancellation of the sale, late payment or rescission. If MILLON is requested by the purchaser or his representative to make these requests to leave the country, all costs incurred will be borne entirely by the requesting party. This operation is merely a service provided by MILLON.
Export formalities (certificate applications for cultural objects, export licenses) are the responsibility of the buyer and may take 2 to 3 months, or even longer.
EXPORT AFTER THE SALE
VAT collected as part of the selling costs, or VAT collected as part of the temporary importation of the lot, may be refunded to the buyer within the legal timeframe, 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 such cases, 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 by any of the means of transmission proposed by MILLON, bidders assume personal responsibility for paying the hammer price of the lot, plus the hammer 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 in writing with MILLON prior to the sale.
Subject to the decision of the authorized auctioneer and provided that the final bid is greater than or equal to the reserve price, the last bidder will become the buyer, and the blow of the hammer and the pronouncement of the word "adjugé" will materialize the acceptance of the last bid and the formation of the sales contract between the seller and the buyer. In the event of a dispute by a third party, MILLON may hold the bidder solely responsible for the bid in question and its settlement.
PAYMENT OF THE TOTAL PRICE
The sale by public auction is made in cash, and the successful bidder must immediately pay the full 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 individuals whose tax domicile is abroad (on presentation of proof);
- by bank or postal cheque, subject to presentation of valid proof of identity (cheques will only be issued twenty days after payment. Foreign checks are not accepted);
- by Visa or Master Card ;
- 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 bidders who have bid via the Interenchères.com platform, MILLON will debit the total price of the auction 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 it to consult and update the auction access restrictions file ("Fichier TEMIS") operated by Commissaires-Priseurs Multimédia (CPM), S.A., whose registered office is located at 37 rue de Châteaudun, 75009 Paris, France (RCS Paris 437 868 425).
All auction slips which remain unpaid to MILLON or which are subject to late 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
Article L. 321-14 al. 3 of the French Commercial Code stipulates that: "In the event of non-payment by the successful bidder, after formal notice has remained unsuccessful, the property shall be put back up for sale at the request of the seller on reiteration of the bids; if the seller does not make this request within three months of the auction, the sale shall be cancelled ipso jure, without prejudice to damages and interest due by the defaulting bidder. The latter may not take advantage of the cancellation of the sale to avoid its obligations".
In the event of non-payment, if the sale is cancelled or the work is resold on the reopening of bids under the conditions of article L321-14 of the French Commercial Code, the defaulting buyer must pay MILLON a fixed indemnity corresponding to the amount of the buyer's costs in compensation for the loss suffered. MILLON also reserves the right to offset any sums owed by the defaulting buyer or to cash any deposit cheques.
In the event of resale upon re-bidding, the defaulting buyer will also be required to pay MILLON the difference between the first and second auction prices, should the latter prove insufficient, as compensation for the loss suffered by the seller.
SHIPMENT OF PURCHASES
MILLON does not take responsibility for shipping goods after sales. For all shipment 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 shipment, handling and storage of the lot during transport.
If MILLON agrees to handle the shipment of an item on an exceptional basis, its liability cannot be called into question in the event of loss, theft or accidents, which remain the responsibility of the buyer. Moreover, this shipment will only be carried out upon receipt of a letter discharging
MILLON of its responsibility for the item shipped, and will be at the buyer's exclusive financial expense.
INTELLECTUAL PROPERTY RIGHTS
The sale of a lot does not imply the transfer of reproduction or representation rights of which it may constitute the material support.
PROTECTION OF PERSONAL DATA
In the course of its auction activities, the MILLON auction house collects personal data concerning the seller and the buyer. Buyers and sellers have the right to access, rectify and object to their personal data by contacting our auction house directly.
OVV MILLON 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 data may also be communicated to the competent authorities where required by law.
MISCELLANEOUS STIPULATIONS
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.
CLAIMS
All complaints relating to auction sales must be sent to MILLON by registered letter with acknowledgement of receipt, accompanied by supporting documents, to the following address:
MILLON, 17, rue de la Grange Batelière, 75009 PARIS. In the absence of an amicable solution, the Conseil des Ventes Volontaires may be contacted as mediator, in accordance with the provisions of article L.616-1 of the French Consumer Code, by registered letter with acknowledgement of receipt, accompanied by supporting documents, to the following address: Conseil des ventes volontaires, 19, avenue de l'Opéra, 75001 Paris.
APPLICABLE LAW
The general terms and conditions of sale and all related matters are governed solely by French law and shall be subject to the exclusive jurisdiction of the French courts.
