GENERAL TERMS AND CONDITIONS OF PURCHASE AT PUBLIC AUCTION
It is important to read the following conditions. They provide useful information on how to buy at auction. We are available to provide guidance and assistance if needed.
Icon Auction SARL is a voluntary sales operator (OVV) of movable property at public auction, governed by Articles L. 321-4 et seq. of the French Commercial Code. In this capacity, Icon Auction acts as the agent of the seller, who enters into a contract with the buyer through its intermediary.
The relationship between the auction house (OVV) and the buyer is governed by these general terms and conditions of purchase. Any amendments to these general conditions or to the catalogue descriptions will be announced verbally or in writing during the sale and recorded in the official sale report (procès-verbal de vente).
I/ BEFORE THE SALE
The indications provided in the catalogue reflect only the auction house's (OVV) opinion of the lot and shall not constitute proof of any fact.
Photographs of the lots featured in the catalogue, on Icon Auction's website, or on partner platforms are for illustrative purposes only and do not carry greater contractual weight than the written catalogue description. The colours of artworks shown in the catalogue may differ from their actual appearance.
The absence of any mention of restoration or damage does not imply that the item is free from defects. Likewise, any mention of a defect does not preclude the existence of other possible flaws. Only significant restorations, missing elements, or notable additions are intended to be mentioned.
A prior exhibition is held to allow prospective buyers to assess the condition of the items offered. Therefore, no claims will be accepted after the hammer falls, particularly regarding imperfections, defects, restorations, or minor accidents. We remain at your disposal to provide a condition report upon request.
Dimensions and weights are given for information purposes only.
The estimates are provided as a guide only and do not include the buyer's premium.
Jewellery and Watches
The terms gold, platinum, and silver without further specification refer to gold 750‰ (18 carats), platinum 950‰, and silver 925‰.
Icon Auction SARL applies designations in accordance with technical standards as defined by Decree No. 2002-65 of January 14, 2002.
a) Icon Auction SARL designates stones modified by "traditional lapidary practices" in the same way as those that have not been modified (Article 3). Stones not accompanied by certificates or laboratory reports are appraised with consideration for possible modifications.
b) Icon Auction SARL designates stones modified by other methods using the name of the stone followed by the word "treated" or by specifying the treatment applied (Article 2).
Icon Auction SARL is available to provide buyers with further information about Decree 2002-65 or the various types of known treatments.
Techniques used to identify and analyse the origin or classification of stones and pearls may vary from one laboratory to another. As a result, different conclusions may be reached depending on the lab consulted. No claims will be accepted in the event that a different opinion is provided by another laboratory, and such variation shall not constitute grounds for liability on the part of the auction house.
Regarding watches, restorations, alterations, technical specifications, serial numbers, dimensions, and weight are provided to the best of our ability. These are for informational purposes only and intended to assist prospective buyers; they remain subject to the buyer's personal judgement. Repainted or restored dials are considered standard conservation measures and do not imply depreciation, and may not be specifically mentioned. No guarantee is provided regarding the condition of watches or watch bands.
The absence of a specific mention does not imply the watch is free from defect. Neither the auctioneer nor the expert shall be held liable for any omissions, despite all reasonable precautions taken.
Buyers are advised to consult a watchmaker to service the watch before use. Revisions, adjustments, and waterproof testing remain the responsibility of the buyer.
Artworks and Collectibles
Icon Auction reminds bidders that the use of the term "attributed to" followed by an artist's name means that the work was created during the artist's lifetime and that serious evidence suggests the named artist is the likely author. "Circle of" indicates that the painting was made by a contemporary artist strongly influenced by the named master. "Studio of" followed by an artist's name signifies the work was created in that artist's studio but executed by pupils under their supervision. The expressions "in the manner of", "style of", "after", "genre of", or "way of" do not imply any particular guarantee as to authorship, date, or school.
Paintings
The condition of frames is not guaranteed. Routine restorations, relining, and cradling are considered standard conservation measures that do not imply depreciation and may not be mentioned.
Design
The date indicated in square brackets [ ] refers to the year the model was originally designed. The piece offered may have been produced at a later date.
II/ THE AUCTION SALE
Buyer's Premium
In addition to the hammer price, the buyer shall pay, per lot, the following fees and taxes:
25% excluding VAT, i.e. 30% including VAT, for lots sold under the rules of voluntary sales.
VAT
Lots originating from outside the European Union and marked with the symbol * are subject to additional fees that may be refunded to the buyer. These fees amount to:
5.50% excluding VAT (6.60% including VAT),
and 20% excluding VAT (24% including VAT) for jewellery and watches, motor vehicles, wines and spirits, and multiples.
In the case of export, VAT may be refunded on the buyer's premium:
to individuals residing outside the European Union, provided that a request is made within three months of the sale and upon presentation of copy 3 of the export customs document (DAU), on which Icon Auction SARL must appear as the consignor and the buyer as the consignee.
to persons residing within the EU who can provide a valid intra-community VAT number and proof of delivery of the lot to their Member State.
In all cases, the full invoice amount remains due; VAT will be refunded only after customs formalities are completed.
In the case of a sale by a margin scheme seller, no document showing recoverable VAT will be issued.
Methods of Payment
Payment must be made immediately after the sale and in full:
In cash (up to €1,000 for French residents, or up to €15,000 for non-residents with no fiscal domicile in France, upon presentation of proof of address and passport);
By credit card (for payments by non-EU cards, an additional 1.20% fee including VAT will be charged for processing; for Union Pay or Amex payments, an additional 2.20% fee including VAT will apply);
By bank transfer, in euros, to the following account:
Icon Auction69, avenue Pottier59130 LambersartCIC Nord OuestIBAN: FR76 3002 7170 1400 0211 8380 325BIC: CMCIFRPP(Please mention your invoice number as reference)
For payments by bank transfer, release of the lots may be delayed until funds have cleared. Storage fees will be borne by the buyer in such cases.
By 3D Secure payment for bidders using the live platforms or our website https://iconauction.fr;
Cheques are not accepted.
Payment must be made in the name of the buyer only. Icon Auction reminds that no payment may be made on behalf of a third party, and no change to the buyer's identity can be made after the public auction.
Bidding Methods
In person in the room: Pre-registration is not mandatory but recommended for a smoother process. Full contact details will be requested. Icon Auction SARL reserves the right to request proof of identity and payment guarantee. If you are bidding on behalf of another party, we will require their full contact details and a formal power of attorney.
The seller is not permitted to bid on their own lots, either directly or through an agent.
By telephone, upon written request (during the viewing, by post or email). We recommend indicating a written absentee bid in case we are unable to reach you by phone.
By absentee bid, by written request (during the viewing, by post or email), specifying a maximum bid in euros. Icon Auction SARL will act on the bidder's behalf according to the instructions provided, and will attempt to purchase the lot(s) at the lowest possible price, without exceeding the indicated limit, while respecting the reserve price and competing bids. In case of identical bids, priority will be given to the earliest one received.
Absentee bids and telephone bidding are free and confidential services. The auction house cannot be held responsible for failure to execute a bid, errors or omissions, failure to establish a telephone connection, or any other cause.
Icon Auction reserves the right not to register a bid if it is incomplete or if the client does not provide sufficient guarantees to ensure transaction security. No appeal will be possible.
To secure the bidder's commitment, a deposit may be required prior to the auction. This deposit will only be cashed in the event of a successful bid.
Icon Auction SARL shall conduct the sale at its sole discretion, ensuring free and fair bidding in line with established practices. The auctioneer reserves the right to refuse any bid, to withdraw any lot from the sale, or to split or combine lots.
In case of dispute, Icon Auction SARL may designate the successful bidder, continue the sale, cancel it, or reoffer the lot.
If a tie bid is recognised by the auctioneer -- that is, two or more bidders simultaneously place identical bids -- the lot will be immediately reoffered, and the public invited to bid again.
Bidding will be conducted in euros. A currency converter may be displayed for information purposes only.
Subject to the auctioneer's discretion and the existence of any reserve price, the successful bidder will be the highest and final bidder. The hammer fall and announcement of "sold" or its equivalent marks the conclusion of the sale contract.
If the buyer has not registered with the auction house before the sale, they must provide their contact details and a means of payment immediately after the lot is awarded.
The reserve price is the confidential minimum price below which the lot will not be sold. It may not exceed the low estimate stated in the catalogue or amended publicly prior to the sale. The auctioneer is free to open bidding below the reserve price and may bid on behalf of the seller. However, the seller is strictly prohibited from placing bids directly or through an agent.
III/ AFTER THE SALE
As soon as the auction is declared closed, the purchases are the full responsibility of the successful bidder.
No lot will be delivered to buyers until full payment of all amounts due has been received.
Buyers are advised to collect their lots as soon as possible to avoid the risks and costs associated with handling and storage, which are their responsibility. Storage does not incur any liability on the part of the Auction House (OVV) under any circumstances.
For sales taking place in Lille, purchases will be stored free of charge for fourteen days. After this period, storage fees of €5 per day and per item will apply. Collection is by appointment only, to be scheduled at:
[email protected].
Buyers are responsible for arranging the shipment of their purchases. We are available to provide contact details for our recommended logistics partners.
If the successful bidder fails to pay the full amount due within one month following the sale, and after a single formal notice has remained unanswered, SARL Icon Auction will initiate a recovery procedure. The buyer may also be listed in the French National Auction Ban File (Fichier TEMIS - https://temis.auction) maintained by Commissaires-Priseurs Multimédia (CPM - 37 rue de Châteaudun, 75009 Paris). One month after the sale, and at the seller's request, the sale may be cancelled and the item re-auctioned, without recourse and without prejudice to any damages owed by the defaulting bidder.
IV/ LEGAL REMINDERS
CITES
The international regulations of March 3, 1973, known as the Washington Convention (CITES), are intended to protect specimens and species considered endangered. Any export to a third country must be preceded by a request for an export or re-export permit from the local CITES authority in the buyer's country of residence. Obtaining such a permit is the sole responsibility of the future buyer. Issuance is not automatic. It is the buyer's responsibility to seek advice and verify their ability to comply with applicable export/import regulations before bidding.
Export of Cultural Goods
Cultural goods of historical, artistic or archaeological significance may require an export permit based on combined criteria of value and age as outlined in Article L.111-2 of the French Heritage Code. The French State has the authority to grant or deny such permits. SARL Icon Auction assumes no responsibility for any refusal of permits by the administrative authorities.
Right of Pre-emption
Under the French law of December 31, 1921, the State or a local authority may exercise a right of pre-emption, purchasing an object offered at public auction in place of the last bidder. This right is exercised at the moment the auction is concluded and must be confirmed within fifteen days. In the case of confirmation, the State substitutes itself as buyer in place of the bidder.
Intellectual Property
Any reproduction or dissemination of images from the catalogue requires prior written permission from the Auction House. SARL Icon Auction benefits from a specific exemption allowing it to reproduce works in its catalogue even if the reproduction rights have not yet fallen into the public domain. Any unauthorised reproduction of catalogue images may constitute infringement and could lead to legal action by the rights holder. The sale of a work does not entail the transfer of any reproduction or display rights to the buyer.
Personal Data
Icon Auction is authorised to record the details provided by the successful bidder on the official sale report and the invoice. Any false declaration will be the sole responsibility of the buyer. If the buyer has not registered prior to the sale, they must provide the necessary information immediately upon conclusion of the auction. Any individual who has registered with Icon Auction has a right to access and correct their personal data, in accordance with the privacy policy available at: https://iconauction.fr/politique-confidentialite
Governing Law and Jurisdiction
Pursuant to Article L.321-17 of the French Commercial Code, liability claims against a voluntary auction operator are subject to a five-year statute of limitations from the date of the appraisal or public auction sale. Icon Auction reminds clients of the existence of a Code of Ethics applicable to voluntary auction sales, namely the Deontological Guidelines for Voluntary Auction Operators issued by ministerial decree on February 21, 2012, and available on the website of the Conseil des ventes volontaires. Clients are also informed of the option to pursue out-of-court dispute resolution by contacting the Government Commissioner at the Conseil des ventes volontaires, either online or by registered letter. These General Terms and Conditions of Sale are governed exclusively by French law. Any dispute regarding their existence, validity, enforceability, or performance shall be subject exclusively to the jurisdiction of the Paris Judicial Court.
