More About this Item
Buyer's Premium€0 - 500,000: 24.0%
€500,001 - 2,000,000: 21.0%
General terms and conditions of sale
The following are the TERMS OF SALE for bidding in Live Auction, Thursday, June 22, 2016.
AUCTION will start at 9 a.m. MT, 11 a.m. EST, 8 a.m. PST - Live Online / Absentee Bidding only.
Please read the following "Terms of Sale" carefully. These terms are applicable to all bidders in this auction, collectors and dealers alike. Please do not bid in this auction if you do not agree to all of the terms listed below. Your submission of bids in this auction constitutes your acceptance of these "Terms of Sale."
1. All items in this auction have been legally acquired, are legal to sell, and guaranteed to be as described or your money back.
2. This is an auction sale, not an approval sale. By bidding in this auction, the bidder personally guarantees payment. The auctioneer has final discretion in all matters. In case of dispute, the lot(s) in question may be resold. Lots will be sold in their numerical sequence unless the auctioneer directs otherwise.
3. HIGH and LOW ESTIMATES are provided for each lot for reference only.
4. No lots will be released until payment in full has been made. Payment(in U.S. funds) may be made via personal check or money order, via credit card (MasterCard, Visa or Discover), PayPal or Bank Wire Transfer. For PayPal payments please use "[email protected]" email address for processing payments.
5. BUYER'S PREMIUM: A 22.5% Buyer's Premium will be added to the final price of each lot purchased through Artemis Gallery LIVE and will be paid by all bidders without exception.
6. CO SALES TAX: Appropriate Colorado Sales Tax will be added to all invoices, unless a valid CO seller's permit is on file with Artemis Gallery/Artemis Gallery Live prior to any bidding in the auction. Items shipped outside of CO (United States or international) are also sales tax exempt.
7. RETURN POLICY: If our description of the item is not as described, we will accept return of the item; however, WE MUST HAVE WRITTEN NOTIFICATION OF RETURN WITHIN TWO BUSINESS DAYS FROM RECEIPT OF ITEM BY BIDDER, as shown by FedEx, UPS or USPS tracking data, and the item must be received by us within ten days in the condition received. A written letter from a recognized expert in the field pertaining to the item in dispute must be presented for refund. No lots may be returned without prior written consent. Late remittance constitutes just cause for revocation of all return privileges. Return shipping is at the bidder's expense. In no event may any lot(s) be returned after fifteen (15) days from the date of the auction. As of July 5, 2016 ALL SALES ARE FINAL!
8. BIDDING will be conducted ONLINE / LIVE as the auction progresses. Bidders may place their bids LIVE, via PHONE or by leaving ABSENTEE BIDS via the Live Auctioneers auction catalog. Please keep in mind that Phone Bids will be accepted on a limited basis and must be arranged in advance.
9. SHIPPING: As a convenience to our buyers, all shipping services are handled in-house. All buyers will receive an invoice detailing their purchases, sales tax (if applicable), buyer's premium, and shipping/insurance charges. Items will be shipped only upon receipt of payment in full and will be insured for their full value. **For shipments outside of the USA, customs and duties may apply upon entry in to said country, and this fee, if any, is the buyer's responsibility. We will NOT falsify customs value on international shipments - what you pay is what we declare, no exceptions. If you have questions about this, please inquire BEFORE bidding**
9a. REQUEST TO DELAY SHIPPING FOR LOTS WON: We are happy to delay shipping on all paid lots for up to 30 days with no storage fees. After 30 days, storage fees will accrue based on a % of invoice total.
10. ESTIMATES for each lot are given only as a guide to help gauge bidding. Lots may sell for a price greater than or less than these estimates.
11. STARTING PRICES may or may not be the actual price at which any item will sell. At the discretion of the auctioneer, starting prices may be lowered to encourage bidding, but this is up to the auctioneer.
12. The auctioneer may open the bidding on any lot by placing a bid on behalf of the seller. The auctioneer may accept or decline any bid, or challenge to any bid, as he in his sole discretion shall determine.
13. ALL BIDDERS must register in order to bid.
14. In the event a successful bidder fails to make payment when due, Artemis Gallery reserves the right to re-sell the merchandise and bidder agrees to pay for the reasonable cost of such a sale and also to pay any difference between the resale price and the previously successful bid, together with any incidental costs of sale and disbursements.
15. If the auction invoice is not paid for in full when due per invoice terms, including any applicable credit card processing fees, the unpaid balance will bear interest at the highest rate permitted by law until paid in full. If the matter is referred to an attorney for collection, bidder agrees to pay all reasonable attorney fees, court costs and other collection cost incurred by Artemis Gallery to collect past due invoices and that the services of process by certified or registered mail, return receipt requested, shall be sufficient to confer "in personam" jurisdiction over bidder.
16. Buyer agrees that any claim of controversy arising out of, or relating to the formation, interpretation of performance of these terms and underlying transactions or the breach thereof, is subject to arbitration or judicial proceedings and shall take place within the County of Boulder, CO subject to the laws of the State of Colorado.
17. QUESTIONS? Feel free to email us at [email protected] with questions prior to bidding or feel free to call us at 720-890-7700. Please be sure to ask all questions at least 30 minutes prior to auction start time, as we will not be able to take calls or answer emails sent to us during the auction.
The auction house Hôtel des Ventes de Monte Carlo acts as agent for the seller. It is not a party to the contract of sale that binds the buyer and seller.
The following terms and conditions of sale, as well as everything related to the sale, are governed by Monegasque law. All legal actions are within the jurisdiction of the Courts of the Principality of Monaco.
The sale takes place for payment in full and the currency is the Euro (€).
Execution of the sale and auction
All potential buyers must identify themselves beforehand using a registration form made available at the entrance to the room by the staff of the Hôtel des Ventes de Monte Carlo. She/he must provide a valid piece of identity and, if requested, proof of their bank details. A card bearing a number corresponding to the registration will be delivered to a buyer who will restore it when leaving the room. It is personal and allows the individual to bid during the sale.
The auction follows the numerical sequence of the catalogue, unless said order is modified at the discretion of the Hôtel des Ventes de Monte Carlo.
The successful bidder is the highest and last bidder. In the case of a challenge at the time of award, especially in the case where several bidders claim to have made the same bid simultaneously, and the event is clearly established, although the word "Sold" was pronounced, the object is immediately put back on auction starting at the last amount obtained and those present shall be allowed to bid again.
References concerning the identity entered on the bid summary shall be identical to those made in the registration form. No changes of identity can be made without approval of the Hôtel des Ventes de Monte Carlo managers.
Once the hammer falls, the buyer is responsible for the integrity of the object acquired, as well as its insurance.
All potential buyers identified by the Hôtel des Ventes de Monte Carlo may bid by telephone during the sale. In order to be admissible, requests for telephone lines must be made in writing, accompanied by a valid piece of identity and a RIB (bank account information certificate). The Hôtel des Ventes de Monte Carlo will contact the bidder by telephone during the auction; however, it declines all liability for any error or omission in connection with said service.
The sale is strictly carried out for payment in full. The buyer must pay the purchase price, which includes the amount of the hammer price, fees, and taxes, if any:
- By certified bank check in Euro
- By bank transfer in Euro
- By Visa or MasterCard with proof of identity
- In cash in Euro up to an amount equal to or less than € 30,000
In case of payment by American Express a fee of 2.75% will be added.
Cheques drawn on foreign banks will be accepted at the sole discretion of the managers of the Hôtel des Ventes de Monte Carlo.
If the acquisition is not paid in full, the item cannot be handed over to the buyer.
The transfer of ownership from the seller to the buyer occurs only after the Hôtel des Ventes de Monte Carlo has received payment, including commission.
The Hôtel des Ventes de Monte Carlo reserves the right to cancel the sale and file a claim to seek damages against the defaulting buyer in the absence of payment by the buyer, after formal notice has remained without answer, and after a month has passed since the bid was accepted by fall of the hammer.
Storage and Shipping
The buyer may collect purchased lots only after all amounts due to Hôtel des Ventes de Monte Carlo have been paid (hammer price plus buyer's premium and any applicable taxes and costs).
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.
Hôtel des Ventes de Monte Carlo 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
- 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.
Tajan also reserves the right to offset any amounts which the false bidder
owes to it.
HVMC reserves the right to ban any bidder who fails to comply with its general
terms and conditions of sale from attending any future auction.
Items that are not claimed within 14 calendar days of the auction will be moved to a third party warehouse at the buyer's risk and expense.
In addition to the hammer price, the buyer must pay a fee of 21% HT excluding VAT up to € 500 000, 18% excluding VAT on amounts from € 500 001 to € 2 000 000 and 15% HT excluding VAT on amounts above € 2 000 001.
В дополнение к окончательной цене аукциона покупатель обязан заплатить взнос в размере 21% за вычетом налогов при стоимости приобретенного лота до 500 000 евро включительно, 18% — при стоимости лота от 500 001 евро до 2 000 000 евро и 15% — при стоимости от 2 000 001 евро.
Oltre al prezzo di aggiudicazione, l'acquirente dovrà sostenere una commissione pari al 21% tasse escluse per la quota fino a 500.000 €, al 18% tasse escluse per la quota compresa tra 500.001 € e 2.000.000 € e del 15% tasse escluse sulla quota superiore a 2.000.001 €.
Taxes and VAT
Customs formalities are required for sending works of art to countries outside of the European Union. The buyer must check the rules in force in the destination country before making a purchase.
There are no customs formalities for works of art to be delivered in France or other countries of the European Union. Outside of the European Union, customs rules will be those in force in the country of destination of the work.
The descriptions in the catalogue are established by the Hôtel des Ventes de Monte Carlo if no expert appraiser has assisted, and exclusively by the expert appraiser who assists as required. If necessary, corrections of the description or estimate can be made upon presentation of the object, which shall be pointed to potential purchasers and noted in the record of the sale. In the framework of assistance by an expert appraiser, said latter assumes full responsibility for initial descriptions or modifications made to the report. The liability of the Hôtel des Ventes de Monte Carlo cannot be engaged in the event of dispute regarding the authenticity or condition of an item, since the Hôtel des Ventes de Monte Carlo is bound by an obligation of means.
As concerns the condition of the lots offered, note that the lack of reference to the condition in the description given in the catalogue does not imply that the item is free from defects, and certain restorations that do not change its nature and period cannot be a cause of dispute. The item, in the absence of any mention, is considered sold in the state in which it is found. Experts are available to customers of the Hôtel des Ventes de Monte Carlo prior to each sale to answer any questions concerning such matters.
No claim shall be accepted once the hammer falls.
Furniture, paintings and art objects
Furniture, paintings and art objects are sold in the state in which they are found.
The restoration or replacement of elements on furniture or an object that do not change the nature and authenticity of the furniture or object are considered usual upkeep.
Re-backing, doubling, and parquetry on a painting are protective measures and do not constitute defects if they are not reported.
Dimensions are provided for reference only.
Jewellery and watches
Coloured stones and pearls
A number of precious stones have been professionally treated for their embellishment (heat treatment and oiling for the gems, whitening of pearls). These operations are traditionally accepted by international jewellery traders.
For certain pieces of jewellery and with the client-seller's agreement, the Hôtel des Ventes de Monte Carlo may obtain reports from gemological laboratories of international repute, which, if requested, may indicate the presence or absence of any heat treatment.
For large gemstones and pearls, the Hôtel des Ventes will provide its clients with certificates established by internationally renowned laboratories prior to their sale. If the buyer wishes to have a different certificate from a laboratory of their choice, they must request it between 30 and 10 days prior to the sale. No claims regarding the certificates provided can be accepted after the sale.
Coral, ivory, tortoiseshell and all materials from endangered species can be sold in a public auction as long as they are an integral part of antique jewellery. Such materials present on modern jewellery will not be admitted.
Jewellery studded with Burmese rubies or jadeite cannot be exported to the United States. However if they are accompanied by a certificate or an invoice, dated prior to October 2007, they may enter the American territory. Burmese rubies and jadeite can move freely in the European community.
All lots are sold in the state in which they are found. No claims may be brought against the Hôtel des Ventes de Monte Carlo and its expert based on the presence of an old repair, on the initial sealing, or its functioning. The potential buyer may request a condition report from the expert before the sale.
Non liability cause
Owing to the problems often met with in previous sales of the works of artists, especially Russian and/or Chinese, whose authenticity has been unfairly disputed, it is explicitly stated that Monte Carlo Auction House has decided it will no longer guarantee the authenticity of works marked (**) indicating that these general conditions of sale should be consulted.
Their purchasers are therefore informed that no claim will be accepted relating to an issue of authenticity of this kind.