CONDITIONS OF SALE
1 - The property offered for sale
Potential buyers are invited to examine the property that may interest them before the auction, and in particular during the exhibitions. The FARRANDO auction house is at the disposal of potential buyers to provide them with reports on the condition of the lots. The descriptions of lots in the catalogue, reports, labels and verbal indications or announcements are only the expression of the FARRANDO auction house's perception of the lot, but do not constitute proof of a fact. Dimensions are given as an indication. The indications given by the firm FARRANDO on the existence of a restoration, an accident or an incident affecting the lot, are expressed to facilitate its inspection by the potential buyer and remain subject to his personal appreciation or that of his expert. The absence of any indication of restoration, accident or incident in the catalogue, reports, labels or verbally, does not imply that a property is free of any present, past or repaired defect. Conversely, the mention of some defects does not imply the absence of all other defects. Estimates are provided for information purposes only and cannot be taken to imply that the property will be sold at the estimated price or even within the estimate range. Estimates do not constitute a guarantee of any kind.
2 - The sale
FARRANDO reserves the right to ask any potential buyer to provide proof of identity and bank references. FARRANDO reserves the right to refuse access to the auction room to any potential buyer for good reason. Any person who bids undertakes to pay personally and immediately the hammer price plus any expenses payable by the buyer and any taxes that may be due. All bidders are deemed to be acting on their own behalf, unless they have previously declared that they are acting as an agent on behalf of a third party, and this has been accepted by the FARRANDO auction house. The normal way to bid is to be present in the auction room. However, the FARRANDO auction house may accept bids by telephone from a potential buyer who has made himself known before the sale. The FARRANDO auction house shall not be held liable, in particular, if the telephone connection is not established, is established late, or in the event of errors or omissions relating to the receipt of bids by telephone. The FARRANDO auction house may accept, free of charge, to execute bidding orders that have been sent to it before the sale and that the FARRANDO auction house has accepted. If the firm FARRANDO receives several orders for identical bid amounts, the oldest order will be preferred. The firm FARRANDO shall not be held liable in particular in the event of error or omission in the execution of the written order. On the other hand, the seller shall not be allowed to place bids directly or through a proxy. The FARRANDO auction house shall conduct the sale in a discretionary manner, while respecting established practices. FARRANDO reserves the right to refuse any bid, to organise the bidding in the most appropriate way, to move certain lots during the sale, to withdraw any lot from the sale, to combine or separate lots. The blow of the hammer will mark the end of the auction and the pronouncement of the word "Adjudicated" or any other equivalent will lead to the formation of the sale contract between the seller and the last successful bidder. The successful bidder will only be able to obtain delivery of the lot after payment of the full price. In the case of an ordinary cheque, only the cashing of the cheque will be considered as payment.
3 - The execution of the sale
The sale will be conducted in cash and in euros. The buyers will pay, in addition to the bids, the following fees and taxes per lot
29.88% VAT INCLUDED
The buyers via Invaluable Live will pay, in addition to the bids and the auctioneer's fees, a commission of 3% before tax, paid back to the platform.
Taxes (VAT on commissions and import VAT) may be passed on to the successful bidder upon presentation of proof of export from the EEC. A successful bidder from the EEC who can prove that he has an intra-Community VAT number will be exempt from paying VAT on commissions.
Payment of the lot will be made in cash, for the full price, costs and taxes, even if an export licence is required.
The successful bidder may pay by the following means - in cash: up to 1,000 euros including fees and taxes for French and European nationals, up to 15,000 euros including fees and taxes for non-professional foreign nationals on presentation of their identity papers. - by credit card - by cheque or bank transfer. The FARRANDO auction house will be authorised to reproduce on the sale report and on the adjudication form the information provided by the successful bidder before the sale. Any false information will engage the responsibility of the successful bidder. In the event that the successful bidder has not registered before the sale, he must provide the necessary information once the lot has been awarded. It is the responsibility of the successful bidder to insure the lot as soon as it is sold. The buyer may not take recourse against the FARRANDO auction house in the event that, following theft, loss or damage to the lot after the auction, the compensation received from the FARRANDO auction house's insurer proves to be insufficient. The lot will only be delivered to the buyer after full payment of the price, costs and taxes. In the meantime, the firm FARRANDO may charge the buyer for the deposit of the lot, and possibly handling and transport costs. In the event of non-payment by the buyer, after unsuccessful formal notice, the item is put back up for sale on the basis of an irresponsible bid by the defaulting buyer. In addition, the FARRANDO auction house reserves the right to claim from the defaulting buyer, at its discretion :
- interest at the legal rate plus five points,
- reimbursement of the additional costs incurred by the defaulting bidder,
- payment of the difference between the initial auction price and the price of the auction on irresponsible bidding if it is lower, as well as the costs generated by the new bids. The FARRANDO auction house also reserves the right to set off any sums due to the defaulting bidder. The FARRANDO auction house reserves the right to exclude from future sales any successful bidder who has failed to comply with these general terms and conditions of purchase. The information collected on the registration forms is compulsory in order to take part in the sale and then for the management of the auction to be taken into account. The successful bidder may find out about and rectify the data concerning him or her, or object for a legitimate reason to their further processing, by sending a written request accompanied by a copy of his or her identity card to the auction operator by post or by e-mail. The auctioneer is a member of the TEMIS Register for the prevention of non-payment by auctioneers, with which payment incidents may be registered. The rights of access, rectification and opposition for legitimate reasons are to be exercised by the debtor concerned at Commissaires-Priseurs Multimédia 37 rue de Châteaudun, 75009 Paris or at
[email protected].
4 - Incidents of the sale
In the event that two people have made identical bids by voice, gesture or telephone and claim the benefit of the auction at the same time after the hammer has been struck, the property will be immediately reoffered for sale at the price proposed by the last bidders, and all the public present will be able to make new bids.
5 - Pre-emption by the French State
The French State has a right of pre-emption for works sold in accordance with the texts in force. This right is exercised immediately after the hammer has been struck, with the State's representative expressing the latter's wish to take the place of the last bidder, and must confirm the pre-emption within 15 days. FARRANDO cannot be held responsible for the conditions of the pre-emption by the French State.
6 - Legislative and jurisdictional competence
French law alone governs these general conditions of purchase. Any dispute relating to their existence, their validity, their enforceability against any bidder and buyer, and their execution will be decided by the competent court in Paris (France).
7 - Withdrawal of lots
The successful bidders are urged to remove their purchases as quickly as possible, in order to limit the storage costs which are at their expense. Handling and storage are not the responsibility of the auction house.
Lots can be collected free of charge from the auction room until 7pm on the evening of the sale and the following day between 8am and 10am.
Smaller purchases will be transported to the auction house where they will be kept free of charge for one month.
After this period, storage fees will be charged to the buyers at the rate of 3 € per day and per lot. SVV FARRANDO shall not be held responsible in any way for the storage of lots.
For sales at Drouot, bulky items must be collected from the Hôtel Drouot warehouse, the cost of which is borne by the buyers.
8 - Data protection
Within the framework of our auction activities, our auction house is required to collect personal data concerning the seller and the buyer. The latter therefore have the right to access, rectify and oppose their personal data by contacting our auction house directly. Our firm may use this personal data in order to meet its legal obligations and, unless the persons concerned object, for the purposes of carrying out its activity (in particular, commercial and marketing operations). This data may also be communicated to the competent authorities when required by law.
IMPORTANT NOTICE - PREVENTION OF NON-PAYMENT AUCTION ACCESS RESTRICTIONS FILE
The organisation organising this sale has subscribed to the TEMIS service which allows the consultation and feeding of the Auction Access Restriction File ("TEMIS File"). By participating in the sale, you acknowledge that you are aware that :
- any unpaid or overdue sales slip may be entered in the TEMIS File and restrict your ability to participate in auctions;
- Important notifications regarding the outcome of the auction are sent to you at the e-mail and/or postal address declared to the sales structure. If you are registered in the TEMIS Register, the sales organisation may make access to its services conditional on the use of specific payment methods or guarantees, or refuse you access to certain services for which these guarantees cannot be implemented. The TEMIS File is implemented by the company Commissaires-Priseurs Multimédia ("CPM"). It may be consulted by all auction houses operating in France and subscribing to the service. The list of subscribers is available on the interencheres.com website, "Buy at auction" menu, "Auctioneers" section or can be obtained on request. Your registration will be deleted automatically after a maximum of 24 months if you have only one registration, and after a maximum of 36 months if you have several registrations. To find out whether you are registered in the TEMIS Register and by which auctioneer(s) you have subscribed, you can write to Commissaires-Priseurs Multimédia, 37 rue de Châteaudun, 75009 Paris or to
[email protected], enclosing a copy of your identity card. To contest the registration of a listing, once you have received CPM's reply, you must contact the organisation that registered you so that it updates the information concerning you. In the event of difficulties, you may, if you consider it necessary, send a complaint to CPM, providing all the details and supporting documents necessary to investigate your complaint. For further information on the TEMIS File and your rights, you may consult - the terms and conditions of sale in the sales catalogue and on our web page (interencheres.com); - the TEMIS personal data protection policy available on the website https://temis.auction.
