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 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 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 established 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 sales report. Dimensions, colors of reproductions and information on the condition of the object are given 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 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 reoffered for sale at the price proposed by the bidders, and all members of 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 are subject to a five-year statute of limitations from the date of the auction.
- Only French law is applicable to this sale. Only French courts are competent to hear any dispute relating to the present sale.
Lots marked with " ° " include elephant ivory which is free to sell as it predates 3/03/1947.
Purchasers wishing to export the item outside the EU must obtain an export permit in their name from the DRIEE. This is at the buyer's expense.
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.
PURCHASE ORDERS AND TELEPHONE AUCTIONS
The taking into account and the execution of the orders of purchase and biddings by telephone is a gracious service rendered by MILLON. MILLON will do its best to execute bids received in writing up to 2 hours before the sale. MILLON shall not be held liable for any failure to execute a bid order or for any error or omission in the execution of such orders. Furthermore, MILLON will not be held liable if the telephone connection is interrupted, not established or late in the case of telephone auctions. Although MILLON is prepared to accept telephone orders up to the end of the exhibition 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 offer to purchase :
Any bidder may send the Auction House an irrevocable bid for the purchase of a lot appearing in the sales 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 context, 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 offer to purchase 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.
Any third party advising you on the purchase of a lot subject to 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 of such a nature as 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.
CAUTION
MILLION reserves the right to request a deposit from bidders at the time of registration.
This deposit will be automatically withdrawn if the 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 sale.
In the event of bids being placed between the hammer blow 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.
AUCTION LEVELS
Bidding increments are left to the discretion of the auctioneer in charge of the sale. If the amount of 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, an auction commission of
27.5% excl. tax from €0 to €1,500
25% excl. VAT from €1501 to €500,000
20.83% excl. VAT from €500,001 to €1,500,000
16.66% excl.
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% excluding VAT of the hammer price (see CGV of the Interencheres platform).
- for lots purchased via the Drouotonline.com platform, the buyer is charged an additional selling fee of 1.5% (excl. VAT) of the hammer price (see Drouotonline.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 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 collect their lots promptly.
No compensation will be payable in particular for damage to 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
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. The size of the lot will be determined by MILLON on a case-by-case basis.
Any request for repatriation of lots (Aubaines du 116 sale and deferred collection of purchases) to our Paris premises will be invoiced at €30 excl. tax/lot.
INDOOR SALES VV
We would like to inform our customers that furniture, carpets and bulky items will be transferred to our "116" storage warehouse in Neuilly sur Marne (see Storage in our furniture warehouse), where they will be made available to buyers after full payment of the consignment note.
SALES AND STORAGE AT 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.
Hôtel Drouot's shopping service is independent of MILLON. This service is subject to a fee, which is payable by the purchaser (information:
magasinage@drouot.com).
STORAGE
Purchases benefit from free storage for 60 days following the sale. These conditions and fees do not apply to lots deposited in the Hôtel Drouot warehouse, the cost of which depends on the Hôtel Drouot itself (
magasinage@drouot.com).
After this period, removal, handling and disposal charges will be invoiced on collection of the lots at 116 or at our premises, according to the following price scale:
- 10€ HT per lot and per week for storage exceeding 1M3
- 7 € excl. tax per lot per week for storage of less than 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 (
116@millon.com).
FOR FURTHER INFORMATION:
Stéphane BOUSQUET
116, Bd Louis Armand, 93330 Neuilly-sur-Marne, 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 * 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
Administrative authorization may be required to take a batch out of France.
Obtaining the relevant document is the sole responsibility of the buyer of the lot concerned by this provision. 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 VAT collected as part of the temporary importation of the lot, may be reimbursed 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 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 using any of the transmission methods proposed by MILLON, bidders assume personal responsibility for paying the hammer price of the lot, plus the hammer commission and any applicable duties or taxes. Bidders are deemed to be acting in their own name and for their own account, 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
MILLON specifies and reminds you that the sale by public auction is for cash and that the winning bidder must immediately pay the full price 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 for French residents / €15,000 for individuals whose tax domicile is outside France (upon presentation of proof);
- by bank or postal cheque, subject to presentation of valid proof of identity (cheques will not be issued until twenty days after payment. Foreign cheques 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 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 delay in 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 File of restrictions on access to auction sales ("TEMIS File"), 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 are liable to 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
PAYMENT DEFAULT
In the event of non-payment, if the sale is cancelled or the work is resold on reiteration of the bids 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 collection 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.
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 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. 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 transfer of the reproduction or representation rights of which it may constitute the material support.
