Terms 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 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. By participating in this public auction, all buyers or their representatives 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 room in euros are provided for information only.
DEFINITIONS AND GUARANTEES
The information given in the catalog is drawn up by MILLON RIVIERA 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. 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 RIVIERA 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. 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 report at the legal buyer's expense of 12% ex VAT, i.e. 14.40% inc VAT.
PURCHASE ORDERS AND TELEPHONE AUCTIONS
MILLON RIVIERA takes into account and executes purchase orders and telephone bids free of charge. MILLON RIVIERA will do its best to execute bids received in writing up to 2 hours before the sale. MILLION RIVIERA 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, MILLION RIVIERA cannot be held responsible for any interruption, non-establishment or delay of the telephone connection in the case of telephone auctions. Although MILLION RIVIERA is prepared to accept telephone order requests up to the end of the exhibition hours at the latest, it will not assume any liability for non-fulfilment due to errors or omissions in connection with telephone orders.
LIVE ELECTRONIC AUCTIONS :
MILLON RIVIERA 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.
COSTS TO BE BORNE BY THE BUYER
The buyer will pay MILLON RIVIERA, in addition to the hammer price, a commission of : 25% excl. VAT, i.e. 30% incl. VAT Current VAT rate 20% Total price = hammer price + auction commission Delivery fees: €2 incl. VAT per lot These fees will not be invoiced if payment and collection are made before 7:00 pm on the day of the sale.
Where applicable, commissions specific to the use of live auction platforms must be added: + 3% excl. tax for Interenchères live / +1.5% excl. tax for Drouot Live.
TEMPORARY IMPORT
Purchasers of lots marked with * will be required to 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 will only be a service rendered by MILLON RIVIERA.
EXPORT AFTER THE SALE VAT collected as part of the selling costs, or that collected as part of the temporary importation of the lot, may be reimbursed to the buyer within the legal time limits 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 will take 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 RIVIERA cannot be held responsible for any pre-emption decisions made by the French State.
RESPONSIBILITY OF BIDDERS
By bidding on a lot by any of the means of transmission proposed by MILLON RIVIERA, 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 for their own account, unless otherwise agreed prior to the sale and in writing with MILLON RIVIERA. 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, 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 RIVIERA may hold the bidder solely responsible for the bid in question and its settlement.
DEFAULT OF PAYMENT
In accordance with article 14 of the French law n°2000- 6421 of July 10, 2000, in the event of non-payment by the successful bidder, after formal notice has been served without result, the property will be reoffered for sale at the seller's request on the basis of an irresponsible bid by the unsuccessful 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 unsuccessful bidder. MILLON RIVIERA RESERVES THE RIGHT TO CLAIM FROM THE DEFAULTING BIDDER: - Interest at the legal rate - Reimbursement of 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 it is lower, as well as the costs generated for 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.
PICK-UP, INSURANCE, WAREHOUSING AND TRANSPORT
MILLON RIVIERA will not release the sold lots to the buyer until 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 RIVIERA 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 promptly.
PURCHASE PICK-UP
Buyers may collect their lots, free of charge, up to 7 pm on the day of the sale and up to 10 am the following day in the auction room. Lots not collected within this time limit and not included in the detailed list below are to be collected, once payment has been received, at the Millon Riviera auction house, the day after the sale. Lots will be delivered to the buyer in person, or to a third party designated by the buyer and to whom he has given a power of attorney accompanied by a copy of his identity card. Export formalities (certificate applications for cultural objects, export licenses) are the responsibility of the buyer and may take 2 to 3 months. Winners are advised to collect their lots as soon as possible to avoid storage costs, which are at their expense and run from the day after the sale. The auctioneer and the expert are not liable in any way whatsoever for storage costs. As soon as the item has been sold, it will be the sole responsibility of the buyer, and S.A.S MILLON RIVIERA declines all responsibility for any damage the item may suffer. Purchases benefit from free storage for 60 days following the sale. After this period, removal, handling and disposal charges will be invoiced on removal from our premises, according to the following price scale: - Storage: €10 excl. tax per lot per week for storage over 1M3 €7 excl. tax per lot per week for storage under 1M3 €5 excl. tax per lot per week for storage that "fits in the palm of your hand" Long-term storage can be negotiated with our teams. No delivery or removal of lots can take place without full payment of the storage and delivery charges.
SHIPMENT OF PURCHASES
We would like to inform our customers that MILLON RIVIERA does not take responsibility for shipping goods. MILLON RIVIERA also reserves the right to consider that the fragility of a lot and/or its value require it to be handled by an outside service provider. The size of the lot will be determined by MILLON RIVIERA on a case-by-case basis (the examples given above are purely indicative). In any case, the shipment of a good is the exclusive financial responsibility of the buyer and will only be carried out upon receipt of a letter releasing MILLON RIVIERA from its responsibility in the future of the object shipped. MILLON RIVIERA is not responsible for handling and storage. MILLION RIVIERA is not responsible for transportation after the sale. If MILLION RIVIERA accepts to take care of transport on an exceptional basis, its responsibility cannot be called into question in the event of loss, theft or accidents, which remain the responsibility of the buyer.
INTELLECTUAL PROPERTY
The sale of a lot does not imply transfer of the reproduction or representation rights of which it may be the material support.
PAYMENT OF THE TOTAL PRICE
MILLON RIVIERA would like to remind 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 on site - by bank transfer in euros to the following address:
DOMICILIATION :
CIC Lyonnaise de Banque IBAN: FR76 1009 6180 8500 0306 2490 209
BIC : CMCIFRPP
