Conditions of sale - Les disques d'or de légende de Max GUAZZINI - SOLIDARITY sale benefiting the Brigitte Bardot Foundation
NO BUYER'S FEES
As part of our auction activities, our 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. 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 activity (in particular, sales and marketing operations). Such 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 agree 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 any one of these provisions does not affect the applicability of the others. The fact of participating in the present 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 sale. The counter-values in foreign currencies of bids placed in the auction room in euros are provided for information only.
DEFINITIONS AND GUARANTEES
The information given in the catalog is drawn up by MILLON & Associés 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 sale report. The dimensions, colors of the reproductions and information on the condition of the object are provided for information only. 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 were at the precise moment of their adjudication, with all possible defects and imperfections. No claims will be accepted once the lots have been sold, as a prior exhibition will have enabled buyers to examine the works presented. For lots with a low estimate in excess of 2,000 euros, 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 & Associés 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 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.
Lots marked with ° contain ivory specimens of Elephantidae spp, prior to June 1, 1947, and therefore comply with art. 2/W mc of the rule of December 9, 1996. A CITES re-export permit will be required if the item is to be exported from the EU, at the expense of the future buyer.
Lots preceded by a "J" will be subject to a judicial procès-ver- bal at the legal purchaser's expense of 12% ex VAT, i.e. 14.40% inc VAT.
PURCHASE ORDERS AND TELEPHONE AUCTIONS
MILLON & Associés will not charge for taking and executing telephone bidding orders. MILLON & Associés will do its utmost to execute bids received in writing up to 2 hours before the sale. Millon & Associés will not be held responsible for the non-execution of a bidding order or for any error or omission in the execution of such orders. Furthermore, Millon & Associés will not be held liable if, in the case of telephone auctions, the telephone connection is interrupted, not established or delayed. Although MILLON is prepared to register telephone order requests up to the end of exhibition hours at the latest, it will not assume any liability in the event of non-performance due to errors or omissions in connection with telephone orders.
LIVE ELECTRONIC AUCTIONS
Millon & Associés 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 sale.
NO BUYER'S FEES
COLLECTION, INSURANCE, STORAGE AND TRANSPORT
MILLON will only hand over the lots sold to the buyer once the full 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 & Associés declines all responsibility for the damage itself, or for the buyer's failure to insure against such damage. Winners are advised to collect their lots promptly.
DEFERRED COLLECTION OF PURCHASES
- Delivery charge: €2.50 (excl. VAT) per lot, i.e. €3 inc.
This fee will not be charged if payment and collection are made before 7:00 pm on the day of sale.
Small items (jewelry, watches, books, ceramics, glassware, small sculptures and paintings, these examples being given purely as an indication) will be repatriated to our after-sales premises. Lot size will be determined by Millon on a case-by-case basis.
STORAGE IN OUR FURNITURE WAREHOUSE
Purchases benefit from free storage for 60 days following the sale. After this period, removal, handling and disposal charges will be invoiced on removal of the lots to our furniture repository or to our premises according to the following price scale,
Storage :
10 € excl. tax per lot per week for storage exceeding 1M3
7 € excl. tax per lot per week for storage under 1M3
5 per lot per week for storage that "fits in the palm of your hand".
Long-term storage can be negotiated with our teams.
FOR FURTHER INFORMATION
Samuel BLUCHEAU
116, Bd Louis Armand - 93330 Neuilly-sur-Seine, France
116@millon.com
Lots may not be delivered or collected without full payment of 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 in question. Delay or refusal by the authorities to issue exit documents will not justify cancellation of the sale, delay in payment or rescission. If our company is requested by the purchaser or his representative to make these exit requests, all costs incurred will be at the purchaser's expense. This operation is merely a service provided by MILLON. Export formalities (certificate applications for cultural objects, export licenses) are the responsibility of the purchaser and may require a delay of 2 to 3 months.
EXPORT AFTER THE SALE
VAT collected as part of the selling costs, or on the temporary importation of the lot, may be reimbursed to the buyer within the legal time limits, on presentation of 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.
DEFAULT OF PAYMENT
In accordance with article 14 of law no. 2000-6421 of July 10, 2000, in the event of non-payment by the successful bidder, after formal notice of default has remained without effect, the item will be reoffered for sale at the seller's request on the basis of the unsolicited bid of the defaulting bidder; if the seller does not make this request within one month of the auction, the sale will be cancelled ipso jure, without prejudice to any damages due by the defaulting bidder.
MILLON RESERVES THE RIGHT TO CLAIM FROM THE DEFAULTING BUYER
- Interest at the legal rate
- Reimbursement of any additional costs incurred by the defaulting bidder, with a minimum of €250.
- Payment of the hammer price or :
* the difference between this price and the auction price in the event of resale, if the latter is lower, as well as the costs generated by the new auctions.
* the difference between this price and the hammer price in the event of an irresponsible bid, if the latter is lower, as well as the costs generated by the new bidding.
MILLON also reserves the right to set off any sums owed by the defaulting buyer or to cash any deposit cheques if, within 2 months of the sale, the sales slips have still not been settled.
SHIPMENT OF PURCHASES
We would like to inform our customers that MILLON does not take responsibility for shipping goods after sales. For all shipment requests, MILLON suggests using 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. In addition, 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 RIGHTS
The sale of a lot does not imply the transfer of reproduction or representation rights of which it may constitute the material support.
PAYMENT OF THE TOTAL PRICE
MILLON specifies and reminds you that the sale by public auction is for cash, and that 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 maximum of 1,000 euros (French residents).
- by bank or postal cheque, with proof of identity. - by Visa or Master Card
- 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
