SALES CONDITIONS
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 drawn up by MILLON and the independent experts mentioned in the catalog, subject to the rectifications, notifications and declarations announced at the time of presentation of the lot and recorded in the minutes of the sale. 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.
Should the buyer wish 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 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 execution of purchase orders and bids by telephone is a free service provided by MILLON. 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 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 requests for telephone orders up to the end of show 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 bid for the purchase of a lot listed 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 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.
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.
DEPOSIT
MILLION reserves the right to request a deposit from bidders when they register.
This deposit will be automatically withdrawn in the absence of payment by the successful bidder 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 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, an auction commission of
27.5% excl. tax from €0 to €1,500
25% excl. VAT from €1501 to €500,000
20.83% excl. tax from €500,001 to €1,500,000
13.33 % 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% (excl. 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 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 remove 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.
VV INDOOR SALES
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 (Cf. paragraph 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 the Hôtel Drouot, furniture, carpets and bulky or fragile items will be stored in the Magasinage department of the Hôtel Drouot.
Access is via 6bis rue Rossini - 75009 Paris and is open Monday to Saturday, 9am to 10am and 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 charges 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€ excl. tax per lot 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, PLEASE CONTACT
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 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.
PAYMENT OF THE TOTAL PRICE
MILLON hereby specifies and reminds the buyer that the sale by public auction is for cash, and that the buyer 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 outside France (on 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 checks are not accepted);
- by Visa or Master Card ;
- online payment:
https://www.millon.com/paiement-en-ligne ;
- by bank transfer in euros as follows:
DOMICILIATION: NEUFLIZE OBC
3, avenue Hoche - 75008 Paris
IBAN FR76 3078 8009 0002 0609 7000 469
BIC NSMBFRPPXXX
For bidders who have placed bids 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 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 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
DEFAULT OF PAYMENT
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 the transfer of reproduction or representation rights of which it may constitute the material support.
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CONDITIONS OF SALE
As part of our auction activities, our auction house could collect personal data concerning the seller and the buyer. They 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 in order to meet its legal obligations, and, unless opposed by the persons concerned, for the purposes of its activity (commercial and marketing operations). These data may also be communicated to the competent authorities.
These general conditions of sale and everything pertaining to them are governed exclusively by French law. Buyers and their representatives accept that any legal action will be taken within the jurisdiction of French courts (Paris). The various provisions contained in these general conditions of sale are independent of each other. If any one of them is declared invalid, there is no effect on the validity of the others. Participating in this auction implies the agreement with all the conditions set out below by all buyers and their representatives. Payment is due immediately at the end of the sale, payable in euros. A currency conversion system may be provided during the sale. The corresponding foreign currency value provided is merely informative.
DEFINITIONS AND GUARANTEES
Descriptions appearing in the catalog are provided by MILLON and the Sale Experts and are subject to corrections, notifications and declarations made at the moment the lot is presented and noted in the record of the sale. Dimensions, colours in reproductions and information on the condition of an object are given for information purposes only. All information relating to incidents, accidents, restoration and conservation measures relating to a lot is given to facilitate inspection by the potential buyer and remains completely open to their interpretation. This means that all lots are sold as seen at the moment the hammer falls, including the possible faults and imperfections. An exhibition before the sale is made providing the potential buyers the opportunity to examine the presented lots. Therefore, no claims will be accepted after the hammer has fallen. For lots appearing in the sale catalog which the lower estimated price is over 2,000 euros, a condition report of the preservation status will be issued free of charge upon request. The information contained at this rapport is merely informative and MILLON and the Sale Experts can in no way be held liable for it. In the case of a dispute at the sale, i.e. two or more buyers have simultaneously made an identical bid for the same lot, either aloud or by signal, and both claim the lot at the same time when the hammer falls, the lot will be re-submitted for auction at the price offered by the bidders and everyone at the room will be permitted to bid once again.
- According to article L321-17 of the French Commercial Code, the statute of limitations of any civil liability actions brought in connection with voluntary sales are limited to five years from the date of the auction.
- Only French law is applicable to this sale. Only the French courts are competent to hear any dispute relating to this sale.
The lots marked with ° include elements of elephant ivory and its sale is possible because the ivory is dated prior to 3/3/1947.
The buyer who wishes to export the object outside the EU will have to obtain from the DRIEE an export permit on their own. This is the buyer's responsibility.
TELEPHONE BIDDING
The telephone bids are a free service provided by MILLON. In this regard, our company accepts no liability for a break in the telephone connection, a failure to connect or a delayed connection. Although MILLON accepts telephone bidding requests until the end of the pre-sale exhibition, it cannot be held liable for mistakes or omissions related to telephone bidding orders.
We inform our customers that telephone conversations during telephone auctions at the Hotel Drouot are likely to be recorded.
Irrevocable bid :
A party can provide Millon with an irrevocable bid, which is a definitive, firm, irrevocable and unconditioned instruction to execute this party's bid during the auction up to a provided amount, regardless of the existence of other bids. The irrevocable bidder, who may bid in excess of the irrevocable bid, will be compensated based on the final hammer price in the event he or she is not the successful bidder.
If the irrevocable bid is not secured until after the printing of the auction catalog, a pre-sale or pre-lot announcement will be made indicating that there is an irrevocable bid on the lot, on other cases i twill be indicated in the catalog entry of the lot.
If the irrevocable bidder is advising anyone with respect to the lot, Sotheby's requires the irrevocable bidder to disclose his or her financial interest in the lot. If an agent is advising you or bidding on your behalf with respect to a lot identified as being subject to an irrevocable bid, you should request that the agent disclose whether or not he or she has a financial interest in the lot (cv.Art 313-6 French Penal Code).
Any person who is about to bid on the work and who has a direct or indirect, permanent or occasional community of interest with the irrevocable bidder, and who would enter into a financial agreement that could hinder the auction, would be exposed to penal sanctions as stated in Art.313-6 of the French Penal Code : "The fact, in a public auction, of excluding a bidder or limiting bids or tenders by means of gifts, promises, agreements or any other fraudulent means, is punishable by six months' imprisonment and a fine of 22,500 euros. The same penalties shall apply to the acceptance of such gifts or promises.
The same penalties shall apply to:
1° The fact, in a public auction, of hindering or disturbing the freedom of bids or tenders, by violence, assault or threats;
2° Proceeding or participating, after a public auction, in a re-auction without the assistance of the competent ministerial officer or sworn goods broker or of a declared operator of voluntary sales of furniture by public auction.
Attempts to commit the offences provided for in this article shall be punishable by the same penalties".
CAUTION
MILLION reserves the right to ask for a deposit from bidders at the time of registration.
This deposit will be automatically deducted in the absence of payment by the winning bidder within 15 days after the sale (invoice date).
LIVE BIDDING BY ELECTRONIC PLATFORMS:
Millon cannot be held responsible for the interruption or any other malfunction of any Live service during the sale that could inhibit a buyer from bidding via any electronic platform offering the Live service. The interruption of a Live auction service during the sale is not necessarily justification for the auctioneer to stop the auction.
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.
FEES FOR THE BUYER
Expenses for which the buyer is responsible the buyer will pay MILLON, in addition to the sale price or hammer price, a commission of:
27,5 % excl.VAT, or 33 % incl.VAT up to 1500 €.
25 % excl.VAT, or 30 % incl.VAT from 1501 to 500.000 €
20,83 % excl.VAT, or 25 % incl.VAT from 500.001 to 1.500.000 €
13,33 % excl.VAT beyond
Current VAT rate: 20%
Total price = sale price (hammer price) + sale's commission
In addition,
- for lots acquired via Interencheres.com, the buyer's fees are increased by 3% pre-tax of the auction price (see Terms and Conditions of Interencheres.com).
- for the lots acquired via the Drouotonline.com platform, the buyer's fees are increased by an additional 1.5% pre-tax of the auction price (see CGV of the Drouotlive.com platform).
- for the lots acquired via Invaluable.com, the buyers's fees are increased by 3% pre-tax of the auction price (see Terms and Conditions of Invaluable.com).
COLLECTION AND WITHDRAWAL OF PURCHASES, INSURANCE, STORAGE AND TRANSPORT
MILLON will only release the sold lots to the buyer after the complete bill settlement (payment of the invoice including all additional fees). It is up to the successful bidder to insure lots as soon as those are awarded, from that moment, any loss, theft, damage and/or other risks are under their entire responsability. MILLON declines all responsibility for the damage itself or for the failure of the successful bidder to cover its risks against such damage. The successful buyers are invited to collect their lots as soon as possible.
No compensation will be due in particular for any damage of the frames and glasses covering the lots. The pedestals are presentation pedestals and are not an integral part of the piece.
COST OF DELAYED WITHDRAWAL OF PURCHASES
Any purchase transfer request to our Paris desk offices will be invoiced 30€ pre-tax per lot.
AUCTIONS IN OUR SVV
We inform our kind customers that furniture, carpets and voluminous objects will be transferred to our storage warehouse called "116" in Neuilly sur Marne (Cf. Storage in our Warehouse), available to buyers after full payment of the invoice.
SALES AND STORAGE AT THE HOTEL DROUOT
For auctions taking place at the Hôtel Drouot, furniture, carpets and bulky or fragile items will be stored in the storage department of the Hôtel Drouot.
Access is via 6bis rue Rossini - 75009 Paris and is open from Monday to Friday from 9am to 10am and from 1pm to 6pm.
The storage service of the Hôtel Drouot is an independent service of MILON. This service is not free, and the costs are to be paid by the buyer (information :
magasinage@drouot.com)
STORAGE COSTS FOR MILLON'S WAREHOUSE (excluding Drouot*)
MILLON will provide free storage for 60 days. These conditions and fees do not apply to lots deposited in the Hôtel Drouot warehouse, for which the costs depends on the Hôtel Drouot itself (
magasinage@drouot.com).
After this deadline, the costs of storage and the transfer from our premises to our warehouse, located at 116 bd Louis Armand - 93330 Neuilly sur Marne, will be charged at the time of the withdrawal of the lots at the following rates:
-10 € pre-tax per lot and per week for storage superior to 1M3
-7 € pre-tax per lot and per week for storage less than 1M3
-5 € pre-tax per lot and per week for storage of objects that "fit in the palm of your hand".
- A personalized rate for long-term storage can be negotiated with a member of or MILLION
FOR ALL INFORMATION
Stéphane BOUSQUET
116, boulevard Louis Armand,
93330 Neuilly-sur-Marne
116@MILLON.com
No shipping or removal of the lot will be possible without the complete settlement of the total costs of storage, handling and transfers. These fees do not apply to the lots deposited at the Hotel Drouot's warehouse, which depend on the Hôtel Drouot itself.
TEMPORARY IMPORT
Purchasers of lots marked with * must pay any duties and taxes in respect of a temporary importation in addition to sale fees and VAT (5,5 % of the hammer price, 20% for jewellery and watches, motorcars, wines and spirits and multiples).
EXPORT FROM FRANCE
The exportation of a lot from France may require a licence. Obtaining the relevant document is the successful bidder's reponsibility. The authorities delay or refusal to issue an export licence is not a justification for the cancellation of the sale, delayed payment or voiding of the transaction. If our company is requested by the buyer or his/her representative to make the export request, all costs incurred will be borne to the buyer. The export formalities (applications for a certificate for a cultural good, export licence) of the subjected lots are the responsibility of the purchaser and may require a delay of 2 to 3 months.
EXPORT FOLLOWING THE SALE
The VAT paid as part of the sale expenses or the amount paid in connection with the temporary import of the lot, may be refunded to the buyer within the legally stipulated period upon presentation of documents proving that the lot purchased has been exported.
PRE-EMPTION BY THE FRENCH STATE
In certain circumstances defined by the law, the French State has right of pre-emption for works sold by public auction. In this case, the French State substitutes itself for 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 the French State's pre-emption decisions.
BIDDERS' LIABILITY
By bidding on a lot through any of the transmission platforms proposed by MILLON, the bidders assume personal responsibility for paying the auction price of this lot, increased by the auction fees and any duties or taxes due. Bidders are deemed to act in their own name and for their own account, 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 greater than or equal to the reserve price, the last bidder shall become the purchaser, the hammer blow and the pronouncement of the word "sold" shall materialise the acceptance of the last bid and the formation of the contract of sale between the seller and the purchaser. 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.
COLLECTION OF PURCHASES, INSURANCE, WAREHOUSING AND TRANSPORT
MILLON will only hand over lots sold to the buyer after cleared settlement of the total price. It is the buyer's responsibility to insure lots immediately upon purchase from that moment the hammer falls, and he/she is the only responsible for loss, theft, damage and other risks. MILLON declines any liability for any damage or for the failure of the buyer to cover damage risks. Buyers are invited to collect their lots as soon as possible.
PAYMENT OF THE TOTAL PRICE
MILLON specifies and reminds that the public auction is a cash sale and that the successful bidder must immediately pay the total amount of his purchase, regardless of his wish to take his lot out of French territory (see "Leaving French territory").
Payment can be made as follows:
- in cash within the limit of 1,000 euros for French residents / 15,000€ for those who have their tax residence abroad (presentation of proof required);
- by bank or postal check with mandatory presentation of a valid identity document (delivery will be possible only twenty days after payment. Foreign checks are not accepted);
- by Visa or Master Card in our desk offices;
- by online payment:
https://www.millon.com/paiement-en-ligne
- by bank transfer in euros to the following address:
DIRECT DEBIT: NEUFLIZE OBC
3, avenue Hoche - 75008 Paris
IBAN FR76 3078 8009 0002 0609 7000 469
BIC NSMBFRPPXXX
For the successful bidders who bid via Interenchères.com, MILLON will collect directly on this site the total price of the auction slip within 48 hours after the end of the sale.
LATE PAYMENT
Beyond 30 days (from the date of your invoice), every late payment will incur the late payment penalties equal to 3 times the legal interest rate as well as a fixed indemnity for recovery costs of 40 euros.
MILLON Auction House is subscribed to the TEMIS service which allows us to consult and update the File of restrictions of access to auctions ("TEMIS File") implemented by the company Commissaires-Priseurs Multimédia (CPM) S.A., with registered office at 37 rue de Châteaudun, 75009 Paris (RCS Paris 437 868 425). Any auction slip that remains unpaid to MILLON or that is overdue for payment is likely 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
NON-PAYMENT
In the event of non-payment, if the sale is cancelled or the object is resold upon re-bidding under the conditions of Article L321-14 of the French Commercial Code, the defaulting bidder shall pay MILLON a lump-sum 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 additional damages due to the seller.
MILLON also reserves the right to proceed to any compensation with the sums due by the defaulting purchaser or to cash the deposit checks.
SHIPPING OF PURCHASES
We inform our customers that MILLON does not take charge of any shipment of goods after the sales. For any shipment request, MILLON recommends using its partner carrier (THE PACKENGERS -
hello@thepackengers.com) or any other carrier of the customer's choice.
In any event, MILLON shall not be held liable for the shipment of the lot, its handling and storage during transport.
If MILLON agrees to take care of the shipment of a good on an exceptional basis, its liability may not be called into question in the event of loss, theft or accidents, which remains the responsibility of the purchaser. Moreover, this shipment shall only be carried out upon receipt of a letter releasing MILLON from its responsibility for the fate of the item shipped, and shall be at the exclusive financial expense of the purchaser.
INTELLECTUAL PROPERTY
The sale of a lot does not entail the transfer of reproduction or representation rights for which it constitutes the material support, if applicable.
Legal notice
