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CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS
Dame Marteau is an auction house specialized in moveable property governed by French Act no. 2000-642 of July 10th 2000. Dame Marteau acts as the seller's agent. The auctioneer is not a party to the sale agreement, which is solely binding on the seller and the successful bidder.
These general terms and conditions of sale, the sale and all matters relating thereto are governed by French law; the sellers, buyers and their agents accept that the courts of Salon de Provence (France) alone shall have jurisdiction over any legal action. These general terms and conditions are independent.
Purchases must be made in cash and prices are stated in euros (€).
The seller warrants to Dame Marteau and to the buyer that he/she is the undisputed owner of the items offered for sale or that he/she has been authorised by the undisputed owner, that the said items are not encumbered by any claim, dispute, attachment, reservation or pledge and that he/she can legally transfer ownership of these items. The information included in the catalogue is prepared by Dame Marteau with the assistance of the Expert, if necessary, with the care required for public auctions, subject to the notices, declarations and amendments announced upon presentation of the item and noted in the record of sale. This information, including the dimensions set out in the catalogue, is provided to help the potential buyer inspect items and must be assessed personally by him/her. If no information on restoration, an accident, retouching or any other incident is provided in the catalogue, the condition reports or labels or during a verbal announcement, this does not mean that the item is void of defects. Inasmuch as buyers are given the opportunity to examine works displayed prior to the sale, no claim may be made after the sale is complete.
In the event of a dispute concerning inter alia the authenticity or origin of items sold, Dame Marteau is bound by a best endeavours obligation; its liability may only be incurred if evidence is provided that it committed a wrongdoing. The photographs, on any medium whatsoever, are the exclusive property of Dame Marteau SAS which she is the author. In any kind, this property right may be assigned or transferred without the express permission and, therefore, it can not be attached to the awarded property. Dame Marteau SAS, retaining the possibility of dissemination of the rights arising from the ownership of photographs in which she is the author. In addition, any use or reproduction not expressly authorized can engage the civil and / or criminal offender. Dame Marteau SAS reserves the right to exercise all legal remedies against those who would violate his rights.
Estimates and reserve prices
The estimated sale price appears beside each lot included in the catalogue. It does not include the buyer's premium or VAT.
The reserve price is the minimum confidential price agreed with the seller. If the reserve price is not met, the item will not be sold. The reserve price may not exceed the lowest estimate set out in the catalogue or announced publicly by the accredited auctioneer and noted in the auction house's files. If no reserve price is set, Dame Marteau shall not incur any liability vis-à-vis the seller if the item concerned is sold at a price lower than the lowest estimate published in the sale catalogue.
Purchase order bid forms and telephone bids
Purchase order bid forms and telephone bids are submitted using the special form provided. This form must be sent to Dame Marteau no later than two working days before the sale, together with a bank account identification slip ("RIB") and a copy of the bidder's proof of identity. For significant purchases, a buyer may be asked to provide a bank letter of credit. If several purchase order forms are submitted for the same item, the first order received will take priority. Telephone bids may be placed by clients who cannot attend the auction. To this end, the client must return the above-mentioned form to Dame Marteau under the same conditions. As there are only a limited number of telephone lines, the necessary arrangements must be made at least two working days before the auction. In both cases, this is a service provided free of charge to the client. Dame Marteau, its employees, agents and representatives shall not incur any liability in the event of an error or omission in the execution of orders received or the non execution of orders.
For the sake of the smooth conduct of auctions, bidders are asked to present themselves to Dame Marteau prior to the sale in order to register their personal data. Potential buyers must provide proof of their identity and bank references. All individuals who register with Dame Marteau shall have the right to access and rectify the personal data they provide to Dame Marteau in accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004. Auctions will be carried out following the order of the lot numbers as they appear in the catalogue. Dame Marteau is free to set the increment of each bid and all bidders must adhere to this process. The highest and last bidder will be the successful bidder.
In the event of a dispute during the bidding process, that is, if two or more bidders simultaneously place the same bid, either orally or by a signal, and each claim the item concerned when the auctioneer has declared the item "sold", the said item will be re-auctioned immediately at the price offered by the bidders and all those present may take part in this second auction. Any individual who makes a bid during the sale shall be deemed to be doing so in his/her own name; he/she shall assume full responsibility for his/her bid, unless he/she registered him/herself as an agent with Dame Marteau and stipulated that the bid was being made for a designated third party. In the event the seller sets a reserve price, Dame Marteau reserves the right to propose bids on the seller's behalf until such time as the reserve is met.
Sales are carried out in euros. Information provided in euros by the accredited auctioneer alone shall be valid. Amounts payable by the buyer The buyer must pay Dame Marteau, in addition to the "hammer price", commission of 25% VAT.
Payment must be made immediately after the sale. If the successful bidder did not register before the sale, he/she must provide proof of identity and bank references. Payments may be made by one of the following methods:
- By bank transfer in euros,
- In cash in euros : for individual european union resident, and for all professionals, to an equal or lower amount of €3 000.
- Certified certified bank check in euros subject to the presentation of valid proof of identity. Checks drawn on a foreign bank will not be accepted. Checks and bank transfers must be denominated in euros and made out to the order of Dame Marteau SAS;
BANQUE SOCIETE GENERALE
4, boulevard de la République 13300 Salon de Provence, France Account: 00024 00027001183 61 Bank code: 30003 Branch code: 00024 SWIFT code: SOGEFRPP IBAN : FR76 3000 3000 2400 0270 0118 361 Buyers may only take possession of items sold after Dame Marteau has received full payment of the sale price and the related commission and costs. As soon as an item is pronounced "sold", it shall be placed under the sole responsibility of the buyer. It shall be the buyer's responsibility to insure the item purchased immediately.
In accordance with Article 14 of French Act no. 2000-642 of July 10th 2000, if the successful bidder fails to pay for an item after the issuance of a formal demand that remains without effect, the item shall be re-auctioned at the seller's request. If the price of the new bid is lower than the original false bidder's price, the false bidder shall pay the difference. If the seller does not make such a request within one month of the auction, the sale shall be cancelled by operation of law, without prejudice to the damages payable by the false bidder. Dame Marteau reserves the right to claim the following from the false bidder:
- interest at the statutory rate,
- the reimbursement of the additional costs incurred by reason of his/her default,
- payment of the sale price or:
- the difference between this price and the resale price if the latter is lower, as well as the costs incurred in relation with the re-auction.
- the difference between this price and the original false bidder's price if the latter is lower, as well as the costs incurred by the re-auction. Dame Marteau also reserves the right to offset any amounts which the false bidder owes to it. Dame Marteau reserves the right to ban any bidder who fails to comply with its general terms and conditions of sale from attending any future auction.
French State's right of pre-emption
The French State has a right of pre-emption in respect of certain works of art offered at auction. If the State wishes to exercise this right in respect of a sale, it must express its intention to do so within 15 days of the sale. In this case, the State shall be substituted for the last highest bidder.
Import and export
The import and export of goods may be subject to authorization (export certificates, customs authorizations). It is the buyer's responsibility to check which authorizations are required.
Removal of items purchased
The buyer may not take receipt of any lot until such time as he/she has paid all amounts due in full. Furniture, paintings and large items sold that are not collected at the end of the sale shall be stored at the premises where they may be collected two days after the sale. Storage costs shall be invoiced to the buyer starting on the 15th calendar day from the date of the sale. Items which are not collected within this time limit shall be stored at the risk and expense of the buyer. All costs owed to the security must be paid prior to taking delivery of the goods. In the event of a payment by check or bank transfer, delivery of the goods may be deferred until such time as the payment has cleared. In this case, storage costs shall be borne by the buyer and Dame Marteau shall incur no liability whatsoever in this respect.
Removal of unsold items
The seller must collect any unsold items as soon as possible and in any case within 15 days of the auction. If the unsold items are not collected, the cost of storage shall be paid by the seller at the usual rate applicable in such matters. Dame Marteau shall not be bound by any warranty vis-à-vis the seller in respect of such storage
Please contact us for further information.