IMPORTANT
These terms and conditions apply to all online bidding
at online-only auction Sales conducted by or in
conjunction with Bonhams ("Online Sales" and "Online
Bidding"). Information applicable to the Sale may also be
set out in the Online Sales Catalogue and/or in Special
Notices on our website, and it is your responsibility to
review that information.
BY REGISTERING TO PARTICIPATE IN A BONHAMS
ONLINE SALE, AND/OR BY BIDDING IN SUCH
SALE, YOU EXPRESSLY AGREE TO:
• THESE TERMS AND CONDITIONS
INCLUDING THE LIMITATIONS OF OUR
AND THE SELLER'S LIABILITY CONTAINED
THEREIN;
• THE SELLER'S CONTRACT FOR SALE, SET
OUT AT APPENDIX 1 BELOW; PAGE 11
• THE BUYER'S AGREEMENT WITH BONHAMS,
SET OUT AT APPENDIX 2 BELOW; PAGE 14
• THE NOTICE TO ONLINE BIDDERS, SET OUT
BELOW; PAGE 6
• SUCH INFORMATION AS IS MADE AVAILABLE
ON OUR WEBSITE FOR THE ONLINE SALE;
AND
• THE BONHAMS CONDITIONS OF WEBSITE
USE.
References in this document to "Bonhams", "we"
or "us" mean Bonhams 1793 Limited, Bonhams
& Butterfields Auctioneers Corporation, Bonhams
France SAS or (if different) the other Bonhams Group
company that is conducting the relevant Sale and any
successors and assigns thereto. References herein to
"you" and "your" mean the person or entity registering
to bid, bidding or buying in an Online Sale. Where words
and phrases are used which are in the List of Definitions
at the end of these Terms and Conditions, they are
printed in italics.
A. OUR ROLE
A1. In its role as Auctioneer of Lots, Bonhams
acts solely for and in the interests of the Seller.
Bonhams' role is to sell the Lot at the highest
price obtainable at the Sale to a Bidder.
Bonhams does not act for or give advice to
Buyers or Bidders in this role. The Contract
for Sale for a Lot is with the Seller and not
with Bonhams; Bonhams acts as the Seller's
agent only (unless Bonhams sells the Lot as
principal). Bonhams undertakes no obligation to
Bidders or the Buyer to examine, investigate or
carry out any tests, either in sufficient depth or
at all, on each Lot to establish the accuracy or
otherwise of any Descriptions or opinions given
by Bonhams, or by any person on Bonhams'
behalf, whether in the Catalogue or elsewhere.
Bidders and the Buyer should not suppose that
such examinations, investigations or tests have
occurred.
Bonhams does not make or agree to make
any representation of fact, and undertakes no
obligation or duty (whether in contract or tort) in
respect of the accuracy or completeness of any
statement or representation made by Bonhams
or on Bonhams' behalf which is in any way
descriptive of any Lot or as to the anticipated
or likely selling price of any Lot. No statement or
representation by Bonhams or on its behalf in
any way descriptive of any Lot or any Estimate
is incorporated into our Buyer's Agreement.
A2. The Seller has authorised Bonhams to sell the
Lot as its agent on its behalf and, save where
expressly made clear to the contrary, Bonhams
acts only as agent for the Seller. If a Bidder
successfully bids for a Lot and buys it, at that
stage Bonhams enters into an agreement with
the Buyer on the terms set out in our Buyer's
Agreement, at Appendix 2. Other than as set
out in our Buyer's Agreement, Bonhams does
not owe or undertake or agree to any duty or
responsibility to the Buyer in contract or tort
(whether direct, collateral, express, implied or
otherwise).
A3. The Seller does not make or agree to make any
representation of fact or contractual promise,
guarantee or warranty and undertakes no
obligation or duty, whether in contract or in tort
(other than to the eventual Buyer concerning
the Catalogue Description), in respect of the
accuracy or completeness of any statement or
representation made by him or on his behalf,
which is in any way descriptive of any Lot or
as to the anticipated or likely selling price of
any Lot. Other than as above, no statement
or representation in any way descriptive of a
Lot or any Estimate is incorporated into any
Contract for Sale between a Seller and a Buyer.
B. LOTS
B1. Subject to the Contractual Description printed
in bold or upper case letters in the Entry
about the Lot in the Online Sales Catalogue
(see Section C below), Lots are likely to be
second-hand, of varying condition, offered
for the purpose of display or appreciation as
objects only and are sold to the Buyer on an
"as is" basis, with all faults and imperfections.
Illustrations and photographs of any Lots are
for identification purposes only. A photograph
or illustration may not reflect an accurate
reproduction of the colour(s) or true condition
of the Lot. It is for you to satisfy yourself as to
each and every aspect of a Lot, including its
authorship, attribution, condition, provenance,
history, background, authenticity, style, period,
age, suitability, quality, roadworthiness (if
relevant), origin, value and Estimated selling price
(including the Hammer Price). Further information
about our Lot Descriptions and limitations
of Bonhams' liability is set out in Section L.2
below.
B2. It is your responsibility to take
independent advice about a Lot in which you
are interested. It should be remembered that the
actual condition of a Lot may not be as good
as that indicated by its outward appearance.
In particular, parts may have been replaced or
renewed and Lots may not be of satisfactory
quality; the inside of a Lot may not be visible
and may not be original or may be damaged,
as for example where it is covered by upholstery
or material. Given the age of many Lots, they
may have been damaged and/or repaired and
you should not assume that a Lot is in good
condition.
B3. Electronic or mechanical items or parts
are sold for their artistic, historic or cultural
interest and may not operate or may not
comply with current statutory requirements.
You should not, and must not, assume that
electrical items designed to operate on mains
electricity will be suitable for connection to the
mains electricity supply and you should obtain a
report from a qualified electrician on their status
before doing so. Such items which are unsuitable
for connection are sold as items of interest for
display purposes only.
B4. If you yourself do not have expertise regarding
a Lot, you should consult someone who does
to advise you.
C. DESCRIPTIONS OF LOTS AND ESTIMATES
C1. Contractual Description of a Lot. The Online
Sales Catalogue contains an Entry about each
Lot. Each Lot is sold by its respective Seller
to the Buyer of the Lot as corresponding only
with that part of the Entry which is printed
in bold or upper case letters (except for the
colour, which may be inaccurately reproduced)
in the Online Sales Catalogue. The remainder of
the Entry, which is not printed in bold or upper
case letters, represents Bonhams' opinion (given
on behalf of the Seller) about the Lot only and
is not part of the Contractual Description in
accordance with which the Lot is sold by the
Seller.
C2. In most cases, an Estimate is printed beside
the Entry. Estimates are only an expression
of Bonhams' opinion made on behalf of the
Seller of the range where Bonhams thinks the
Hammer Price for the Lot is likely to fall; it is
not an estimate of value. It does not take into
account any VAT or Buyer's Premium payable or
any other fees payable by the Buyer, which are
detailed in paragraph 7 of the Notice to Online
Bidders. Prices depend upon bidding and Lots
can sell for Hammer Prices below and above
the Estimates, so Estimates should not be relied
on as an indication of the actual selling price or
value of a Lot. Estimates are in the currency of
the Sale.
C3. Lots in the Online Sale can be of varying ages
and with diverse histories of use and storage;
their condition can therefore vary considerably.
You may ask Bonhams for a Condition Report
on the Lot's general physical condition. If you do
so, this will be provided by Bonhams on behalf
of the Seller free of charge. As this is offered
additionally and without charge, Bonhams is not
entering into a contract with you in respect of
the Condition Report and accordingly does
not assume responsibility to you in respect
of it, and you should refer to Section L below
for Bonhams' exclusions of liability concerning
Lot Descriptions, online images and Condition
Reports.
C4. The Condition Report represents Bonhams'
reasonable opinion as to the Lot's general
condition in the terms stated in the particular
report, and Bonhams does not represent or
guarantee that a Condition Report includes all
aspects of the internal or external condition of
the Lot. Neither does the Seller owe or agree to
owe you as a Bidder or Buyer any obligation or
duty in respect of this free report about a Lot.
D. REGISTRATION
D1. In order to bid in an Online Sale, you must be
18 or over and you must register to bid via the
Bonhams App or www.bonhams.com. Once
you have registered, you should keep your
account details strictly confidential and not
permit any third party to access your account
on your behalf or otherwise. You will be liable
for any and all bids made via your account.
Please note payment must be made from a
bank account in the name of the registered
bidder.
Individuals: Enter your full name, email,
residential address, date of birth and nationality
and provide a valid credit card in your name
which will be verified via Stripe before you are
able to bid. If your credit card fails verification,
you will not be permitted to bid and you should
contact Client Services for assistance. We may
in addition request a financial reference and/
or deposit from you prior to letting you bid. If
you are bidding as agent on behalf of another
party, you agree: (i) to disclose this fact to
Client Services; (ii) to provide such information
CONDITIONS OF SALE FOR BUYERS IN
ONLINE AUCTIONS IN FRANCE (FR)
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
as we require to enable us to complete our
identification and anti-money laundering checks
on that third party; and (ii) where your bid is
successful, you are jointly and severally liable
with that other party for the full amounts owing
for the successful bid. Where you are the
successful bidder for any lot with a hammer
price equal to or in excess of £5,000/$10,000/
HKD50,000/AUS$10,000 depending on the
jurisdiction and currency of the Sale, and if you
have not provided such documents previously,
you will be required to upload or provide to
Client Services your Government issued photo
ID and (if not on the ID) proof of your address
before the lot can be released to you. We
reserve the right to request ID documentation
from any bidder or successful buyer regardless
of these thresholds and to refuse to release
any purchased lot until such documentation is
provided.
Companies: You must select the option to set
up a business account and then provide your
full name, email, residential address, date of
birth and the full name of the company. You
must provide a credit card for verification either
in your name or the name of the company but
payment must be made from an account in
the company's name. If your credit card fails
verification, you will not be permitted to bid and
please contact Client Services for assistance.
We may in addition require a bank reference
or deposit prior to letting you bid. For all
successful bids, we require the company's
Certificate of Incorporation or equivalent
documentation confirming the company's name
and registered address, documentary proof of
each beneficial owner owning 25% or more
of the company, and proof of your authority to
transact before the lot can be released to you.
We reserve the right to request any further
information from any bidder that we may
require in order to carry out any identification,
anti-money laundering or anti-terrorism
financing checks conducted by us. We may
at our discretion postpone or cancel your
registration, not permit you to bid and/or
postpone or cancel completion of any purchase
you may make at the Online Sale.
D2. Registration will require the submission of certain
information about you. In the event you have
not satisfied our Bidder registration requirements,
including but not limited to any identification,
anti-money laundering or anti-Terrorism financing
checks conducted by us, we may at our
discretion postpone or cancel your registration,
not permit you to bid and/or postpone or
cancel completion of any purchase you may
make at the Online Sale.
D3. Once you have registered you should keep your
account details strictly confidential and you must
not permit any third party to use or access your
account on your behalf or otherwise. You will be
liable for any and all bids made via your account.
D4. If you are bidding on behalf of another party, you
agree:
(i) To provide such information as is requested by us
to allow us to complete our identification, antimoney laundering and anti-Terrorism checks on
such other party; and
(ii) That if your bid is successful, you are jointly and
severally liable with that other party for the full
amounts owing for the successful bid.
D5. If you are bidding for a Company, you will have
to provide the Company identification information
set out in the Notice to Online Bidders.
E. FORGERIES
E1. We undertake a personal responsibility for any
Forgery in accordance with the terms of this
Section E.
E2. If we are satisfied that a Lot we have sold to you
is a Forgery we will (as principal) purchase the
Lot from you and you will transfer the title to
the Lot in question to us, with full title guarantee,
free from any liens, charges, encumbrances
and adverse claims, and we will pay to you an
amount equal to the sum of the Purchase Price,
Buyer's Premium, VAT and Expenses paid by you
in respect of the Lot.
E3. This Section E applies only if:
(i) your name appears as the named person to
whom the original invoice was made out by us
in respect of the Lot and that invoice has been
paid; and
(ii) you notify us in writing as soon as reasonably
practicable after you have become aware that the
Lot is or may be a Forgery, and in any event
within one year after the Online Sale, that the Lot
is a Forgery; and
(iii) within one month after such notification has been
given, you return the Lot to us in the same
condition as it was at the time of the Online
Sale, accompanied by written evidence that the
Lot is a Forgery and details of the Sale and Lot
number sufficient to identify the Lot.
E4. This Section E will not apply in respect of a
Forgery if:
(i) the Entry in relation to the Lot contained in
the Online Sales Catalogue reflected the then
accepted general opinion of scholars and
experts or fairly indicated that there was a
conflict of such opinion or reflected the then
current opinion of an expert acknowledged to
be a leading expert in the relevant field; or
(ii) it can be established that the Lot is a Forgery
only by means of a process not generally
accepted for use until after the date on which
the Online Sales Catalogue was published or by
means of a process which it was unreasonable
in all the circumstances for us to have employed.
E5. You authorise us to carry out such processes
and tests on the Lot as we in our absolute
discretion consider necessary to satisfy
ourselves that the Lot is or is not a Forgery.
E6. The benefit of this Section E is personal to, and
incapable of assignment by, you.
E7. If you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
Section E will cease.
E8. This Section E does not apply to a Lot made
up of or including a Chinese painting or Chinese
paintings, a motor vehicle or motor vehicles, a
Stamp or Stamps or a Book or Books.
F. BIDDING IN ONLINE SALES
F1. Bidding on each Lot will open at or below the
low pre-sale Estimate specified in the particulars
for that Lot and will increase at the increments
provided as bidding on the Lot progresses.
F2. Unless otherwise indicated, Lots will be offered
subject to a Reserve, which will be at or below
the Lot's low pre-sale Estimate.
F3. Bids may only be submitted during the period
indicated for bidding on that Lot, ending
with Lot Closing in the manner explained in
paragraph 5 of the Notice to Online Bidders.
F4. Please note that the Online Sale is conducted,
and all bids must be made, in the currency of
the country in which the Online Sale is based.
All bidding increments will be in that currency
only and payment for any Lot that is the
subject of a successful bid must also be made
in the currency of the Online Sale. Any currency
conversion tool is provided on the Online
Bidding screen for your convenience only.
F5. During an Online Sale, you can bid for a Lot
by clicking the Bid button. Each bid shall be
final and binding as soon as you click the Bid
button. You agree that each bid submitted
is irrevocable and cannot be amended or
corrected even if submitted in error and notified
to us. You accept full liability for all bids submitted
via your Online Bidding account (including the
liability to pay in full and on time in accordance
with the Bid Conditions for any Lot that is the
subject of a successful bid submitted from your
account).
F6. You will be notified by email if you are outbid or
your bid is below another bid already accepted.
In the event of a tie between bids placed,
the earlier bid received by our servers shall be
accepted.
F7. Unless cancelled by us pursuant to these
terms and conditions, the highest bid submitted
when the online Bidding for the Lot closes (Lot
Closing) shall be the successful bid, thereby
forming a binding contract for sale between you
and the Seller, at which point you will be sent
an invoice by Bonhams by email. We will not
notify you about Lots for which you were not
the successful Bidder.
F8. In the event of any discrepancy or dispute
about bidding or the sale of any Lot, the Sale
Record maintained on Bonhams' servers shall be
final and binding.
F9. Please note that Bonhams reserves the right to
withdraw its permission for you to use Online
Bidding, terminate an Online Bidding account,
reject any bids made or restart bidding afresh
for a Lot, for any reason at any time prior to,
during or after a Sale.
F10. Bidding through an agent. Bids will be
treated as placed exclusively by and on behalf
of the person registered to bid. If you wish to
bid on behalf of another person (your principal)
you must complete the pre-registration
requirements set out above both on your own
behalf and with full details of your principal,
and we will require written confirmation from the
principal confirming your authority to bid.
G. BIDDER AND BUYER WARRANTIES
G1. You warrant that neither you nor - if you
are a company, your directors, officers or your
owner or their directors or shareholders - are
an individual or an entity that is, or is owned or
controlled by individuals or entities that are:
(i) the subject of any sanctions administered
or enforced by the U.S. Department of the
Treasury's Office of Foreign Assets Control, the
U.S. Departure of State, the United Nations
Security Council, the European Union, Her
Majesty's Treasury, or other relevant sanctions
authority ("Sanctions" and a "Sanctioned
Party"); or
(ii) located, organised or resident in a country
or territory that is, or whose government is,
the subject of Sanctions, including without
limitation, Iran, North Korea, Sudan and Syria.
G2 You warrant that the funds being used for
your purchase have no link with criminal activity
including without limitation money laundering,
tax evasion or terrorist financing, and that you
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
not under investigation for, neither have been
charged nor convicted in connection with, any
criminal activity. You also warrant that items
purchased by you through Bonhams are not
being purchased or to be used in any way
connected with or to facilitate breaches of
applicable Tax, Anti- Money Laundering or AntiTerrorism laws and regulations.
G3. Where you are acting as agent for another party
("your Principal"), you undertake and warrant
that:
(i) you have conducted suitable customer due
diligence into your Principal under applicable
Sanctions and Anti-Money Laundering laws
and regulations;
(ii) your Principal is not a Sanctioned Party and
not owned, partially owned or controlled by
a Sanctioned Party, and you have no reason
to suspect that your Principal has been
charged or convicted with, money launder- ing,
Terrorism or other crimes;
(iii) funds used for your Principal's purchase are
not connected with or derived from any criminal
activity, including without limitation tax evasion,
money laundering or terrorist financing;
(iv) items purchased by your Principal through
Bonhams are not being purchased or to be
used in any way connected with or to facilitate breaches of applicable Tax, Anti-Money
Laundering or Anti-Terrorism laws and regulations; andthat you consent to Bonhams
relying upon your customer due diligence,
undertaking to retain records of your due
diligence for at least 5 years and to make such
due diligence records available for inspection
by an inde- pendent auditor in the event we
request you to do so.
G4. We reserve the rights to make enquiries about
any person transacting with us and to identify
the source of any funds received from you. In
the event we have not completed our investigations in respect of anti-Terrorism financing,
anti-money laundering or other financial and
identity checks concerning either you or the
Seller, to our satisfaction at our discretion, we
shall be entitled to retain Lots and/or proceeds of
Sale, postpone or cancel any Sale and to take
any other actions required or permitted under
applicable law, without liability to you.
H. CONTRACTS BETWEEN THE BUYER AND
SELLER AND THE BUYER AND BONHAMS
H1. On the Lot Closing, the Bidder with the highest
bid on that Lot will become the Buyer and a
Contract for Sale of the Lot will be entered into
between the Seller and the Buyer on the terms
of the Buyer's Contract for Sale set out in
Appendix 1 to these Online Bidding Terms and
Conditions. The Buyer will be liable to pay the
Purchase Price, which is the Hammer Price
plus any applicable VAT or Sale or use taxes and
other applicable costs such as Artists' Resale
Right where indicated (with "AR").
H2. At the same time, a separate contract is also
entered into between Bonhams as Auctioneers
and the Buyer. This is our Buyer's Agreement,
the terms of which are set out in Appendix 2
these Online Bidding Terms and Conditions.
H3. Please read the terms of the Contract for Sale
and the Buyer's Agreement in Appendix 1 and
2 to these Online Bidding Terms and Conditions
case you are the successful Bidder, including
the warranties as to your status and source
of funds. We may change the terms of either
or both of these agreements in advance of their
being entered into, by setting out different terms
on our Website or in the Online Sales Catalogue.
It is your responsibility to ensure you are aware
of the up to date terms of these agreements for
this Sale.
I. BUYER'S PREMIUM AND OTHER CHARGES
PAYABLE BY THE BUYER
I1. Under the Buyer's Agreement, a premium (the
Buyer's Premium) is payable to Bonhams by
the Buyer in accordance with the terms of the
Buyer's Agreement and at rates set out below,
calculated by reference to the Hammer Price
and payable in addition to it.
I2. For this Online Sale the following rates of
Buyer's Premium will be payable by Buyers on
each Lot purchased: 28% of the Hammer Price
on the first € 40,000; plus 27% of the Hammer
Price from € 40,001 and up to € 800,000; plus
21% of the Hammer Price from € 800,001 and
up to € 4,500,000; plus 14.5% of the Hammer
Price above € 4,500,001
I3. A 3rd party bidding platform fee of
• 4% (plus VAT) of the Hammer Price for
Buyers using the following bidding platforms
will be added to the invoices of successful
Buyers - Invaluable; Live Auctioneers; The
Saleroom; Lot-tissimo.
• 3 % (plus VAT) of the Hammer Price for
Buyers using the bidding platforms Drouot
Live and Interenchères will be added to
the invoices of successful Buyers for online
auction.
I4. Storage and handling charges may also be
payable by the Buyer as detailed in the Online
Sales Catalogue for the appropriate Sale or on
our website.
I5. The Buyer's Premium and all other charges
payable to us by the Buyer are subject to VAT
at the prevailing rate, currently 20%. VAT may
also be payable on the Hammer Price of the
Lot, where indicated by a symbol beside the
Lot number. See paragraph 8 of the Notice to
Online Bidders for details.
I6. On Lots marked "AR", which are sold
for a Hammer Price of €1,000 or greater
(converted into the currency of the Sale
using the European Central Bank Reference
rate prevailing on the date of the Sale), the
Additional Premium will be payable to us by
the Buyer to cover our Expenses relating to the
payment of royalties under the Artists Resale
Right Regulations. See paragraph 7 of the
Notice to Online Bidders for details.
J. AFTER THE SALE
J1. You will be sent an invoice if you have been
successful in your bidding and you may check
the results that are published by Bonhams
online after the Sale.
J2. You agree to pay for and collect any Lot that is
the subject of a successful bid submitted by
you or from your Online Bidding account, in
accordance with these Online Bidding Terms and
Conditions.
K. PAYMENT
K1. It is of critical importance that you ensure that
you have readily available funds to pay the
Purchase Price and the Buyer's Premium (plus
VAT and any other charges and Expenses to us)
in full before making a bid for the Lot.
K2. If you are a successful Bidder, payment will be
due to us by 4.30 pm on the second working
day after the Sale. Payments made by anyone
other than the registered Buyer will not be
accepted. Bonhams Reserves the right to vary
the terms of payment at any time.
K3. Bonhams' preferred payment method is
by bank transfer. You may electronically transfer
funds to our Bank Account. If you do so, please
quote your online paddle number (referenced on
your invoice) and invoice number as the reference.
Our Bank Account details are as follows: Bank:
National Westminster Bank Plc Address: PO
Box 4RY 250 Regent Street London W1A 4RY
Account Name: Bonhams 1793 Ltd., Account
Number: 25563009 Sort Code: 56-00-27 IBAN
Number: GB 33 NWBK 56002725563009.
K4. If paying by bank transfer, the amount received
after the deduction of any bank fees and/
or conversion of the currency of payment to
euro must not be less than the euro amount
payable, as set out on the invoice.
K5. Payment may also be made by one of the
methods specified in the Notice for Online
Bidders, subject to the terms specified therein.
L. PROVISION OF ONLINE SALES AND
LIMITATIONS OF BONHAMS' LIABILITY
L1. Any currency conversion tool is provided
for your convenience only and is an approximate
guide to the equivalent amount in the specified
currencies. You are therefore advised to
conduct your own research into the applicable
exchange rates prior to placing a bid.
WE DO NOT ACCEPT ANY RESPONSIBILITY
FOR ANY ERRORS THAT MAY OCCUR AS A
CONSEQUENCE OF RELIANCE UPON THE
CURRENCY CONVERSION TOOL.
L2. Bonhams Online Sales are provided on the
basis that you shall place bids on your own
behalf. In the event Bonhams agrees to place
a bid on your behalf in an Online Sale, we do
so as an additional service without charge, and
BONHAMS ACCEPTS NO RESPONSIBILITY,
DUTY OR LIABILITY WHATSOEVER,
WHETHER FOR NEGLIGENCE OR
OTHERWISE, IN THE PLACING OR FAILURE TO
PLACE SUCH BIDS.
L3. Lots offered for sale will vary in terms of age,
type and condition, with potential faults,
imperfections and repairs, and are offered for
Sale "AS IS" in their condition as at the time
of sale. Lot Descriptions reflect Bonhams'
reasonable opinion within the terms on which
they are provided, are provided for general
reference and do not purport to be and
may not be taken as complete descriptions
of the Lot. Lot Descriptions and Condition
Reports may contain inaccuracies and
typographical errors and we do not warrant
the accuracy or completeness of the content
or that any defects will be noted or corrected.
Condition Reports represent our reasonable
opinion (recognising we are not restorers or
conservators) and are intended to offer a general
view as to the overall condition of the Lot but
may not cover all condition issues.
Online images depend on connectivity and
performance of computer equipment and
may not accurately represent the Lot's
colours and shades. WITH THE EXCEPTION
OF THE FORGERY GUARANTEE IN SECTION
E, BONHAMS DOES NOT OFFER ANY
WARRANTY OR GUARANTEE FOR LOT
DESCRIPTIONS, CONDITION REPORTS,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ATTRIBUTION,
AUTHENTICITY OR PROVENANCE, AND ANY
IMPLIED WARRANTIES ARE EXCLUDED TO THE
FULLEST EXTENT PERMISSIBLE BY LAW.
L4. Bonhams reserves the right, in our sole
discretion, to correct any errors or omissions
in any portion of the Online Sale and to make
any changes to the features, functionality
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
or content of the Online Sale at any time.
APART FROM IN RESPECT OF THE FORGERY
GUARANTEE IN SECTION E AND OTHER THAN
IN THE EVENT OF ITS FRAUD OR FRAUDULENT
MISREPRESENTATION, BONHAMS EXCLUDES
LIABILITY WHETHER IN NEGLIGENCE OR
OTHERWISE FOR ANY ERROR OR OMISSION
IN ANY DESCRIPTION OF A LOT OR ANY
ESTIMATE IN RESPECT OF ANY LOT OR THE
CONTENTS OF ANY CONDITION REPORT OR
OTHERWISE, WHETHER GIVEN ORALLY OR
IN WRITING AND WHETHER GIVEN BEFORE,
DURING OR AFTER THE SALE. This disclaimer
and exclusion do not affect your statutory rights
as a Consumer.
L5. NEITHER BONHAMS NOR THE SELLER WILL
BE LIABLE FOR ANY LOSS OF BUSINESS,
PROFITS, REVENUE OR INCOME, OR FOR
LOSS OF REPUTATION, OR FOR DISRUPTION TO
BUSINESS OR WASTED TIME ON THE PART
OF MANAGEMENT OR STAFF, OR FOR INDIRECT
LOSSES OR CONSEQUENTIAL DAMAGES OF
ANY KIND, IRRESPECTIVE IN ANY CASE OF THE
NATURE, VOLUME OR SOURCE OF THE LOSS
OR DAMAGE ALLEGED TO BE SUFFERED, AND
IRRESPECTIVE OF WHETHER THE SAID LOSS
OR DAMAGE IS CAUSED BY OR CLAIMED
IN RESPECT OF ANY NEGLIGENCE, OTHER
TORT, BREACH OF CONTRACT (IF ANY) OR
STATUTORY DUTY, RESTITUTIONARY CLAIM OR
OTHERWISE.
L6. Without prejudice to the provisions of
this Section L, in any circumstances where
Bonhams and/or the Seller is liable in relation to
any Lot or any Description or Estimate made of
any Lot, or the conduct of any Sale in relation
to any Lot, whether in damages, for an indemnity
or contribution, or for a restitutionary remedy
or otherwise, our and/or the Seller's liability
(combined, if both we and the Seller are liable)
will be limited to payment of a sum which will
not exceed by way of maximum the amount
of the Purchase Price of the Lot irrespective in
any case of the nature, volume or source of any
loss or damage alleged to be suffered or sum
claimed as due, and irrespective of whether the
liability arises from any negligence, other tort,
breach of contract (if any) or statutory duty or
otherwise.
L7. Nothing contained in this Section L will be
construed as excluding or restricting (whether
directly or indirectly) Bonhams or the Seller's
liability or excluding or restricting any person's
rights or remedies in respect of (i) fraud, or (ii)
death or personal injury caused by Bonhams
or the Seller's negligence (or by the negligence of
any person under our control or for whom we
are legally responsible), or (iii) acts or omissions
for which we are liable, or (iv) any other liability
to the extent the same may not be excluded
or restricted as a matter of law or (v) our
undertakings under paragraphs 9 (in relation
to specialist Stamp or Book Sales only) and 10
of the Buyer's Agreement. The same applies in
respect of the Seller, as if references to us in this
paragraph were substituted with references to
the Seller.
L8. If you choose to participate in Bonhams'
Online Sales, you do so entirely at your own risk.
Bidding in Online Sales is dependent upon,
among other things, your own equipment and
the availability, speed and quality of internet
connections provided by third party operators
and suppliers, for which Bonhams accepts no
responsibility or liability whatsoever.
L9. Bonhams reserves the right to provide any
information from the Website or from its use
to respond to requests from governmental or
other bodies with jurisdiction or to meet the
requirements of any applicable law, regulation or
Bonhams policy.
L10. In addition to any other rights we may
have at law, Bonhams reserves the right, at
our discretion and without liability to you, to
restrict, suspend or terminate your participation
in any of Bonhams' Online Sales in the event
of your breach of the Conditions of Sale, or
your provision of false or misleading information,
or in the event of any interference by you with
the administration or smooth operation of the
Website.
L11. BONHAMS AND ITS SUPPLIERS PROVIDE
THE ONLINE SALE AND THE BONHAMS
WEBSITE "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WITHOUT LIMITING THE
FOREGOING, WE ACCEPT NO LIABILITY FOR
ANY FAILURES, DELAYS OR ERRORS CAUSED
BY INTERRUPTIONS IN THE AVAILABILITY OF
THE ONLINE SALE OR OUR WEBSITE OR ANY
ERRORS OR DEFECTS IN THEIR CONTENT OR
FUNCTIONALITY, ANY SOFTWARE AND/OR
HARDWARE DEFECTS (WHETHER YOURS OR
OURS) AND/OR ANY INTERNET CONNECTION
PROBLEMS (WHETHER YOURS OR OURS),
AND WE DO NOT REPRESENT OR WARRANT
THAT THE ONLINE SALE OR THE WEBSITE WILL
BE ERROR-FREE, FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT ANY
DEFECTS WILL BE CORRECTED.
M. MISCELLANEOUS
M1. You may not assign either the benefit or burden
of this agreement.
M2. Bonhams' failure or delay in enforcing
or exercising any power or right under this
agreement will not operate or be deemed to
operate as a waiver of our rights under it except
to the extent of any express waiver given to you
in writing. Any such waiver will not affect our
ability subsequently to enforce any right arising
under this agreement.
M3. If either party to this agreement is prevented from
performing that party's respective obligations
under this agreement by circumstances
beyond its reasonable control or if performance
of its obligations would by reason of such
circumstances give rise to a significantly increased
financial cost to it, that party will not, for so
long as such circumstances prevail, be required
to perform such obligations. This paragraph
does not apply to the obligations imposed on
you by Sections D (Registration), F (Bidding), G
(Warranties) and K (Payment).
M4. Any notice or other communication to be
given under this agreement must be in writing and
may be delivered by hand or sent by first class
post or air mail or fax transmission (if to Bonhams
marked for the attention of the Company
Secretary), to the address or fax number of the
relevant party given in the Contract Form (unless
notice of any change of address is given in
writing). It is the responsibility of the sender of
the notice or communication to ensure that it is
received in a legible form within any applicable
time period.
M5. If any term or any part of any term of
this agreement is held to be unenforceable
or invalid, such unenforceability or invalidity will
not affect the enforceability and validity of the
remaining terms or the remainder of the relevant
term.
M6. References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams' officers, employees and agents.
M7. The headings used in this agreement are
for convenience only and will not affect its
interpretation. Words and phrases shown in italics
shall have the meanings ascribed in the Definitions
Section of the Notice to Online Bidders, unless
otherwise specified.
M8. In this agreement "including" means "including,
without limitation".
M9. References to the singular will include
reference to the plural (and vice versa) and
reference to any one gender will include
reference to the other genders.
M10. Reference to a lettered or numbered section or
paragraph is to a section or paragraph of this
agreement, unless otherwise specified.
M11. Save as expressly provided in paragraph
M12 nothing in this agreement confers (or
purports to confer) on any person who is not
a party to this agreement any benefit conferred
by, or the right to enforce any term of, this
agreement.
M12. Notwithstanding the previous paragraph,
where this agreement confers an immunity
from, and/or an exclusion or restriction of,
the responsibility and/or liability of Bonhams,
it will also operate in favour and for the benefit
of Bonhams' holding companies and the
subsidiaries of such holding companies and
the successors and assigns of Bonhams
and of such companies and of any officer,
employee and agent of Bonhams and such
companies, each of whom will be entitled to
rely on the relevant immunity and/or exclusion
and/or restriction within and for the purposes of
Contracts (Rights of Third Parties), which enables
the benefit of a contract to be extended to a
person who is not a party to the contract, and
generally at law.
M13. Copyright in all images in the Online Sales
Catalogue is owned by Bonhams and/or other
parties, including texts, layouts and illustrations;
these may not be used or reproduced by you in
any way without Bonhams' written permission.
Lots are not offered for sale with copyright or
other reproduction rights.
N. CHANGES TO THESE TERMS AND
CONDITIONS
N1. We may from time to time make changes
to these terms and conditions. Any changes
will be posted on our website at https://www.
bonhams.com. Please review these terms and
conditions regularly to ensure you are aware of
any changes made by us. If you participate in
our Online Sales after changes have been made
and posted, you shall be deemed to have
agreed to such changes.
O. GOVERNING LAW
O1. All transactions to which this agreement
applies and all connected matters will be
governed by and construed in accordance with
the French laws and we and you each submit
to the exclusive jurisdiction of the French
courts, save that we may bring proceedings
against you (including but not limited to
enforcing payment) in any other court of
competent jurisdiction to the extent permitted
by the laws of the relevant jurisdiction. In
accordance with the law, civil liability claims
arising from voluntary sales of furniture by
public auction are time-barres five years after
the auction.
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
P. EU CONSUMER CANCELLATION RIGHTS
P1. Right to Cancel the Purchase. If you are
a Consumer in accordance with the EU
Consumer Rights Directive and habitually
reside in the European Union, and the Seller
is not a Consumer (as identified in the Online
Sales Catalogue), you have the right to cancel
the contract for the purchase of a Lot, without
giving any reason. Sellers who are Consumers will
be identified as private individuals in the entry for
the Lot.
P2. The cancellation period will expire 14 calendar
days from the day after the date on which
you, or a third party (other than the carrier and
indicated by you) acquires, physical possession
of the Lot.
P3. To exercise the right to cancel you must inform
Bonhams, who are offering to sell the Lot either
as agent for the Seller or as the owner of the
Lot, of your decision to cancel this contract by
a clear statement (e.g. by post or e-mail). You
may use the model cancellation forms set out in
paragraph P6 below, but this is not obligatory.
To meet the cancellation deadline, it is sufficient
for you to send your communication concerning
your exercise of the right to cancel before the
cancellation period has expired.
P4. Effects of cancellation
(i) If you cancel the contract, we will reimburse to
you all payments received from you, including the
costs of delivery but not any extra costs arising
if you chose a type of delivery other than the
least expensive type of standard delivery offered
by us; or any import duties we incur as a result of
you returning the Lot to us.
(ii) We may make a deduction from the
reimbursement for loss in value of any Lots
supplied, if the loss is the result of unnecessary
handling by you.
(iii) We will make the reimbursement without undue
delay, and not later than: 14 calendar days
after the day we receive back from you any
Lot supplied; or (if earlier) 14 calendar days after
the day you provide evidence that you have
returned the Lot.
(iv) We will make the reimbursement using the
same means of payment as you used for the
initial transaction, unless you have expressly
agreed otherwise (but reimbursement will
always be to an account solely in your name);
in any event, you will not incur any fees as a
result of the reimbursement. We may withhold
reimbursement until we have received the Lot
back or you have supplied evidence of having
sent back the Lot, whichever is earliest.
(v) You shall send back the Lot or return it over
to us at such address as we may specify for
the purpose, without undue delay and in any
event not later than 14 calendar days from
the day after on which you communicate your
cancellation from these Conditions of Sale to us.
(vi) The deadline is met if you send back the Lot
before the period of 14 calendar days has
expired.
(vii) You will have to bear the direct costs of
returning the Lot. If we arranged for the Lot to
be delivered we Estimate that the cost returning
the Lot by the same means is likely to be similar
to the cost of delivery, but it is not possible for
us to be more accurate as to this cost due to
the many variables involved in our worldwide
business model and the means by which a
return might be made.
(viii) You are only liable for any diminished value of
the Lot resulting from the handling other than
what is necessary to establish the nature,
characteristics and functioning of the Lot.
P5. Right to cancel the contract for services.
If you are a Consumer in accordance with the
EU Consumer Rights Directive and habitually
live in the European Union, and we have notified you that you are purchasing the Lot from a
Consumer, you have the right to cancel the
contract for services Bonhams provides to you
in connection with your purchase of a Lot, but
not to cancel the contract for the purchase of
the Lot itself. Bonhams' services consist of: the
opportunity to participate in the Online Sale, to
be introduced to Lots for Sale which may be of
interest, to view images and other information
about such Lots, and any delivery service for
any Lot which you pur- chase and which is to
be delivered pursuant to an agreement with
Bonhams).
(i) You have the right to cancel the contract for this
service within 14 calendar days from the day of
conclusion of the contract, without giving any
reason.
(ii) The cancellation period will expire after 14
calendar days from the day of the conclusion of
the contract.
(iii) To exercise the right to cancel you must in- form
the Bonhams company which offers to sell
the Lot either as agent for the Seller or as the
owner of the Lot, of your decision to can- cel
this service by a clear statement (e.g. by post
or e-mail). You may use the model can- cellation
form set out in paragraph P7 below, but it is not
obligatory. To meet the cancel- lation deadline, it
is sufficient for you to send your communication
concerning your exercise of the right to cancel
before the cancellation period has expired.
(iv) You request Bonhams immediately to begin
the performance of its services (including any
agreed arrangements for delivery) during the
cancellation period described above. If you
cancel this contract, we will reimburse to you
any payments received from you in respect of
the service. However, since you have requested
us to begin the performance of services during
the cancellation period, you shall pay us an
amount which is in proportion to what has been
performed until you have communicated us your
cancellation from this contract, in comparison with
the full coverage of the contract.
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
P6. Model form of cancellation -
Purchase of the Lot
To: Bonhams [insert the name of the company within the Bonhams Group which
offers to sell the Lot and whose contact details are set out in the Online Sales
Catalogue (these details will be sent to you by email following the Sale and/or with
the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of Sale of the
following goods [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified
on paper), Date
[*] Delete as appropriate
P7. Model form of cancellation -
Provision of the services
To: Bonhams [insert the name of the company within the Bonhams Group which
offers to sell the Lot and whose contact details are set out in the Online Sales
Catalogue (these details will be sent to you by email following the Sale and/or with
the delivery of the Lot]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract/for the provision of
the following service [*], Ordered on [*]/received on [*],
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s)
(only if this form is notified
on paper), Date
[*] Delete as appropriate
Q. DEFINITIONS AND GLOSSARY
The Definitions and Glossary set out at the end
of the Notice to Online Bidders [Insert Link to
Notice] apply to terms in italics in these Online Bidding Terms and Conditions, including
the Contract for Sale at Appendix 1 and the
Buyer's Agreement at Appendix 2.
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
NOTICE TO ONLINE BIDDERS
This Notice is for all persons participating in a
Bonhams Online auction including Bidders, potential
Bidders and eventual Buyers of Lots in this Sale.
For ease of reference we refer to such persons as
"Bidders" or "you".
Our List of Definitions and Glossary is set out at the
end of this Notice. Words and phrases printed in
italics in this Notice are explained in the List of
Definitions. The Glossary explains certain general legal
terms with which you might not be familiar.
IMPORTANT:
The terms and conditions applicable to the Sale and
related information are contained in the following
documents, available on the Bonhams Website under
"Legals":
• This Notice to Online Bidders, set out below;
• The Online Bidding Terms and Conditions for
the Sale;
• The Buyer's Contract for Sale with the Seller, at
Appendix 1;
• The Buyer's Agreement with Bonhams, at
Appendix 2.
Additional information applicable to the Sale may also
be set out with each Lot, elsewhere in the Online Sales
Catalogue and/or a notice displayed on the Website.
It is your responsibility to ensure that you have read
all relevant terms and notices before bidding in the Sale.
1. OUR ROLE
In its role as Auctioneer of Lots, Bonhams is
authorised by the Seller to act solely for and in the
interests of the Seller and Bonhams' role is to sell the
Lot at the highest price obtainable at the Sale to a
Bidder. Bonhams does not act for Buyers or Bidders
in this role and does not give advice to Buyers or
Bidders. Please refer to Section A of the Online
Bidding Terms and Conditions.
2. LOTS FOR SALE
Given the age of many Lots, they may have been
damaged and/or repaired and you should not make
any assumptions about the condition or any other
aspect of a Lot. If you yourself do not have expertise
regarding a Lot, you should consult someone who
does to advise you. It is your responsibility to take
appropriate advice on and satisfy yourself as to the
attributes of any Lot in which you are interested.
3. DESCRIPTIONS OF LOTS AND ESTIMATES
Contractual Description of a Lot
Each Lot is sold by the respective Seller to the
Buyer of the Lot as corresponding only with: (i) the
Contractual Description, being that part of the Entry
which is printed in bold or upper case letters, and
(ii) (except for the colour, which may be inaccurately
reproduced) with any photograph of the Lot in the
Online Sales Catalogue. The remainder of the Entry,
which is not printed in bold or upper case letters,
represents Bonhams' opinion (given on behalf of
the Seller) about the Lot only and is not part of the
Contractual Description in accordance with which the
Lot is sold by the Seller.
Paragraphs 15-25 below set out important
information about the following categories of Lot:
Books, Clocks and Watches, Firearms, Taxidermy
and Related Items, Furniture, Jewellery, Photographs,
Pictures, Porcelain and Glass, Vehicles and Wine.
Please refer to Section B of the Online Bidding Terms
and Conditions for important legal provisions
underpinning Lot descriptions, cataloguing practices
and issues such as condition of old, used, repaired
and restored items, and for Bonhams' obligations and
limitations of liability in respect of lot descriptions and
cataloguing practice.
Forgeries Guarantee
Bonhams offers a guarantee to cover Forgeries on the
terms set out in Section E of the Online Bidding terms
and Conditions. Otherwise, Lots are sold to the Buyer
on an "as is" basis, with all faults and imperfections.
Estimates
Where Estimates are provided, they are only an
expression of Bonhams' opinion made on behalf of
the Seller of the range where Bonhams thinks the
Hammer Price for the Lot is likely to fall; they are not
an estimate of value. Estimates do not take into account
any VAT or Buyer's Premium or any other fees payable
by the Buyer, which are detailed in paragraph 7 of this
Notice. Prices depend upon bidding and lots can sell
for Hammer Prices below and above the Estimates, so
Estimates should not be relied on as an indication of
the actual selling price or value of a Lot. Estimates are
in the currency of the Sale.
Condition Reports
In respect of most Lots, you may request a Condition
Report representing Bonhams' reasonable opinion as
to the Lot's general condition (without disassembly
or any form of testing) in the terms stated in the
particular report. This is offered on behalf of the Seller
to you additionally without charge and Bonhams is
not entering into a contract with you in respect of the
Condition Report; Bonhams accepts no responsibility to
you for it and does not represent or guarantee that a
Condition Report includes all aspects of the internal or
external condition of the Lot. Neither does the Seller
owe or agree to owe you as a Bidder or Buyer any
obligation or duty in respect of this free report.
Alterations
Descriptions and Estimates may be amended at
Bonhams' discretion from time to time by notice
amending the Online Sales Catalogue or on the
Website before or during a Sale, up until Lot Closing
for the relevant Lot. You are advised to monitor Lots in
which you are interested throughout the Sale.
4. BIDDER REGISTRATION
If you are a new client at Bonhams or have not
recently updated your registration details with us,
you must pre-register to bid at least one working day
before the Sale at which you wish to bid. Registration
is available at www:http//bonhams.com
You will be required to provide government-issued proof
of identity and residence, and if you are a company,
your KBIS or equivalent documentation with your
name and registered address, government issued proof
of your current address, documentary proof of your
beneficial owners and directors, and proof of authority
to transact. We may also request a financial reference
and/or deposit from you before allowing you to bid.
Please refer to Section D of the Online Bidding Terms
and Conditions for further information concerning
registration. We reserve the rights at our discretion to
request further information in order to complete our
client identification and to decline to register any person
as a Bidder, and to decline to accept their bids if they
have been so registered.
Unless otherwise specified in the Online Sales
Catalogue, you must be over the age of 18 to bid in
this Sale. In no circumstances may you, or any other
person on your behalf, bid on items which have been
consigned by you for sale.
You must keep your account details including your
unique customer number strictly confidential and must
not permit any third party to use or access your
account.
You will be informed by email if any limits apply to the
amounts you may bid in the Online Sale.
5. BIDDING
So long as you have pre-registered to bid and
your account is in order, you will be able to place
bids on Lots during the bidding period indicated
for each Lot, either by placing your next bid using
the increments indicated or by placing a maximum
bid to indicate the most you would be prepared to
bid (excluding Buyer's Premium and applicable taxes
which would be in addition to your bid). If you leave
a maximum bid, the system will automatically place
incremental bids on your behalf in response to other
bids, until either there are no other bids or your
maximum bid has been reached.
If you attempt to place a bid which is lower than
another bid already placed for that Lot, then your bid
will be rejected and you will be offered the opportunity to
place a higher bid.
We will endeavour to email you in the event you are
outbid, but you are advised to monitor your bids
throughout the Sale.
The time at which bidding shall close for each Lot
(the Lot Closing) will be indicated by each Lot. We will
endeavour to email you warning that Lot Closing is due
on a Lot on which you have been outbid but you are
advised to monitor Lots in which you are interested
throughout the Sale.
No bids will be accepted after Lot Closing for the
Lot concerned; however, in the event a bid has
been placed within 5 minutes of the predicted Lot
Closing, then the period for bidding on that Lot will be
extended by five minutes.
Section F of the Online Bidding Terms and Conditions
contains information, procedures, rules and obligations
connected with placing online bids in the Sale.
You should also refer to Section G of the Online Bidding
Terms and Conditions for the warranties you give as a
Bidder and Buyer. We reserve the rights to postpone
completion of the Sale of any Lot at our discretion
while we complete our registration and identification
enquiries, and to cancel the Sale of any Lot if you are in
breach of your warranties as Buyer, or if we consider
that such Sale would be unlawful or otherwise cause
liabilities for the Seller or Bonhams or be detrimental to
Bonhams' reputation.
In the event you are the successful bidder on a Lot
or Lots, we will send you an invoice confirming your
purchase and providing you with instructions as to
payment.
Bidding through an agent
Bids will be treated as placed exclusively by and on
behalf of the person registered to bid unless otherwise
agreed by us in writing in advance of the Sale.
If you wish to bid on behalf of another person (your
principal) you must complete the pre-registration
requirements set out above both on your own
behalf and with full details of your principal, and
we will require written confirmation from the principal
confirming your authority to bid. Please refer to the
Online Bidding Terms and Conditions and contact our
Customer Services Department for further details.
You are specifically referred to your due diligence
requirements concerning your principal and their source
of funds, and the warranties you give in the event you
are the Buyer, which are contained in paragraph 3 of
the Buyer's Agreement, set out at Appendix 2 below.
In the event a person places a bid as agent on
behalf of another (their principal), they will be jointly
and severally liable with their principal to the Seller and
to Bonhams under any contract resulting from a
successful bid.
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
Online Bids
Bonhams will not be liable for service delays,
interruptions or other failures to make a bid
caused by losses of internet connection, fault
or failure with the website or bidding process,
or malfunction of any software or system,
computer or mobile device.
6. CONTRACTS BETWEEN THE BUYER AND
SELLER AND THE BUYER AND BONHAMS
Following Lot Closing where a successful bid has
been submitted, a Contract for Sale of the Lot will be
entered into between the Seller and the Buyer on the
terms of the Contract for Sale set out in Appendix
1 below. You will be liable to pay the Purchase Price,
which is the Hammer Price, Buyer's Premium plus any
applicable VAT, as well as any applicable Expenses.
At the same time, a separate contract is also entered
into between us as Auctioneers and the Buyer. This is
our Buyer's Agreement, the terms of which are set out in
Appendix 2 below.
7. BUYER'S PREMIUM AND OTHER CHARGES
PAYABLE BY THE BUYER
Under the Buyer's Agreement, a premium (the Buyer's
Premium) is payable to us by the Buyer in accordance
with the terms of the Buyer's Agreement and at rates
set out below, calculated by reference to the Hammer
Price and payable in addition to it.
For this Sale the following rates of Buyer's Premium will
be payable by Buyers on each Lot purchased
28% of the Hammer Price on the first € 40,000; plus
27% of the Hammer Price from € 40,001 and up to
€ 800,000; plus
21% of the Hammer Price from € 800,001 and up to
€ 4,500,000; plus
14.5% of the Hammer Price above € 4,500,001
A 3rd party bidding platform fee of 4% of the Hammer
Price for Buyers using the following bidding platforms
will be added to the invoices of successful Buyers -
Invaluable; Live Auctioneers; The Saleroom; Lot-tissimo.
Storage and handling charges may also be payable by
the Buyer as detailed on the specific Sale Information
page at the front of the Online Sales Catalogue.
The Buyer's Premium and all other charges payable to
us by the Buyer are subject to VAT at the prevailing rate,
currently 20%.
VAT may also be payable on the Hammer Price of the
Lot, where indicated by a symbol beside the Lot number.
See paragraph 8 below for details.
Artists Resale Right
On certain Lots, which will be marked "AR" in the
Online Sales Catalogue and which are sold for a
Hammer Price of €1,000 or greater (converted into the
currency of the Sale using the European Central
Bank Reference rate prevailing on the date of the Sale),
the Additional Premium will be payable to us by the
Buyer to cover our Expenses relating to the payment
of royalties under the Artists Resale Right Regulations
articles "L122-8 et R122-2 à 122-12 "Code de la
propriété intellectuelle" on the artist resale right
The Additional Premium will be a percentage of the
amount of the Hammer Price calculated in accordance
with the table below, and shall not exceed €12,500
(converted into the currency of the Sale using the
European Central Bank Reference rate prevailing on the
date of the Sale).
Hammer Price Percentage amount
From 0 to € 50 000 4%
From € 50 000,01 to € 200 000 3%
From € 200 000,01 to € 350 000 1%
From € 350 000,01 to € 500 000 0,5%
Exceeding € 500 000 0,25%
8. VAT
The prevailing rate of VAT at the time of going to press
is 20%, but this is subject to government change and
the rate payable will be the rate in force on the date of
the Sale.
The following symbols, shown beside the Lot number,
are used to denote that VAT is due on the Hammer Price
and Buyer's Premium:
† VAT at the prevailing rate on Hammer Price and
Buyer's Premium
? VAT on imported items at the prevailing rate on
Hammer Price and Buyer's Premium
* VAT on imported items at a preferential rate of
5;5% on Hammer Price and the prevailing rate on
Buyer's Premium
G Gold bullion exempt from VAT on the Hammer
Price and subject to VAT at the prevailing rate on
the Buyer's Premium
• Zero rated for VAT, no VAT will be added to the
Hammer Price or the Buyer's Premium
In all other instances no VAT will be charged on the
Hammer Price, but VAT at the prevailing rate will be
added to Buyer's Premium which will be invoiced on a
VAT inclusive basis.
It is your responsibility to pay any other sales or use
taxes and customs duties due on the purchase, export
or import of the property following purchase.
9. PAYMENT
It is of critical importance that you ensure that you
have readily available funds to pay the Purchase Price
and the Buyer's Premium (plus VAT and any other
charges and Expenses to us) in full before making a bid
for the Lot.
If you are a successful Bidder, payment will be due to us
by 4.30 pm on the second working day after the Sale.
Payments made by anyone other than the registered
Buyer will not be accepted. Bonhams reserves the right
to vary the terms of payment at any time.
Bonhams' preferred payment method is by bank
transfer. You may electronically transfer funds to our
Account. If you do so, please quote your paddle
number (from the invoice) and invoice number as the
reference.
Banque : HSBC
Adresse : BBC PARIS HAUSSMANN
26 Boulevard Malesherbes
75008 Paris
Intitulé du compte : Bonhams France SAS
Numéro du compte : 09170002091
Code guichet : 00917
Numéro IBAN : FR76 3005 6009 1709 1700 0209 192
If paying by bank transfer, the amount received after the
deduction of any bank fees and/or conversion of the
currency of payment to euros must not be less than
the euro amount payable, as set out on the invoice.
Payment may also be made by one of the following
methods:
Euro personal cheque drawn on a branch of a
bank or building society: all cheques must be cleared
before you can collect your purchases and should be
made payable to Bonhams France SAS.
Debit cards issued in the name of the Buyer
(including China Union Pay (CUP) cards and debit cards
issued by Visa and MasterCard only). There is no limit on
payment value if payment is made in person using Chip
& Pin verification. Credit cards issued in the name of
the Buyer (including China Union Pay (CUP) cards and
credit cards issued by Visa and MasterCard only). There
is a 5,000 € limit on payment value if payment is made in
person using Chip & Pin verification.
It may be advisable to notify your debit or credit card
provider of your intended purchase in advance to
reduce delays caused by us having to seek authority
when you come to pay.
Note: only one debit or credit card may be used
for payment of an account balance. If you have any
questions with regards to card payments, please
contact our Customer Services Department.
We reserve the rights to investigate and
identify the source of any funds received by
us, to postpone completion of the sale of any
Lot at our discretion while we complete our
investigations, and to cancel the Sale of any Lot
if you are in breach of your warranties as Buyer,
if we consider that such Sale would be unlawful
or otherwise cause liabilities for the Seller or
Bonhams, or would be detrimental to Bonhams'
reputation.
10. COLLECTION, STORAGE AND EU
CONSUMER CANCELATION RIGHTS
The Buyer of a Lot will not be allowed to collect it until
(i) payment in full and in cleared funds has been made
(unless we have made a special arrangement with the
Buyer) and (ii) Bonhams has completed its enquiries
pursuant to Clause 3.11 of the Buyer's Agreement in
Appendix 2 of the Online Bidding Terms and Conditions.
For collection and removal of purchased Lots, please
refer to the Online Sales Catalogue for this Sale and to
Clause 4 of the Buyer's Agreement at Appendix 2 of
the Online Bidding Terms and Conditions for applicable
legal conditions.
If the Lot is not identified as sold by a Consumer, then
Buyers who are Consumers in the EU will have certain
cancellation rights, as set out at Section P of the
Online Bidding Terms and Conditions.
11. SHIPPING
For information and estimates on domestic and
international shipping as well as export licenses please
contact:
Transport Roger Benaim au +1 46 27 48 48
[email protected]
12. EXPORT/TRADE RESTRICTIONS
It is your sole responsibility to comply with all export and
import regulations relating to your purchases and also
to obtain any relevant export and/or import licence(s).
Export licences are issued by the French authority.
Afin de contrôler la circulation des biens culturels, la
loi n°92-1477 du 31 décembre 1992 (modifiée par
celle du 10 juillet 2000) soumet les exportations hors
du territoire français à des modalités particulières,
applicables aux biens dont l'ancienneté et la valeur
dépassent certains seuils. Le certificat d'exportation est
un simple document administratif qui n'apporte aucune
garantie d'authenticité du bien qu'il permet d'exporter.
La demande de certificat pour un bien culturel en vue de
sa libre circulation hors du territoire français ou de tous
autres documents administratifs n'affecte pas l'obligation
de paiement incombant à l'acheteur. »
The need for import licences varies from country to
country and you should acquaint yourself with all
relevant local requirements and provisions. The refusal of
any import or export licence(s) or any delay in obtaining
such licence(s) shall not permit the rescission of any
Sale nor allow any delay in making full payment for the
Lot. Generally, please contact our shipping department
before the Sale if you require assistance in relation to
export regulations.
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
13. CITES REGULATIONS
Please be aware that all Lots marked with the symbol Y
are subject to CITES regulations when exporting these
items outside the EU. These regulations may be found at
https://cites.org
https://cites.application.developpement-durabl.gouv.fr
The refusal of any CITES licence or permit and any delay
in obtaining such licences or permits shall not give rise to
the rescission or cancellation of any Sale, nor allow any
delay in making full payment for the Lot.
14. THE SELLERS AND/OR BONHAMS' LIABILITY
Exclusions and limitations of the Seller's and
Bonhams' liability are set out in Section L of the Online
Bidding Terms and Conditions. Additionally, exclusions
and limitations of the Seller's liability are set out at
Clause 9 of the Contract of Sale and of Bonhams'
Liability at Clause 10 of the Buyer's Contract.
15. BOOKS
As stated above, all Lots are sold on an "as is"
basis, subject to all faults, imperfections and errors of
Description save as set out below. However, you will be
entitled to reject a Book in the circumstances concerning
"non-conforming Lots" set out in paragraph 11 of the
Buyers Agreement. Please note that Lots comprising
printed Books, unframed maps and bound manuscripts
are not liable to VAT on the Buyer's Premium.
16. CLOCKS AND WATCHES
All Lots are sold "as is", and the absence of any
reference to the condition of a clock or watch does
not imply that the Lot is in good condition and without
defects, repairs or restorations. Most clocks and
watches have been repaired in the course of their
normal lifetime and may now incorporate parts not
original to them. Furthermore, Bonhams makes no
representation or warranty that any clock or watch is
in working order. As clocks and watches often contain
fine and complex mechanisms, Bidders should be
aware that a general service, change of battery or further
repair work, for which the Buyer is solely responsible,
may be necessary.
Taxidermy and Related Items
On behalf of the Seller of these articles, Bonhams
undertakes to comply fully with Cites and DEFRA
regulations. Buyers are advised to inform themselves of
all such regulations and should expect the exportation
of items to take some time to arrange.
17. FURNITURE
Upholstered Furniture
Whilst we take every care in cataloguing furniture which
has been upholstered, we offer no Guarantee as to the
originality of the wood covered by fabric or upholstery.
18. JEWELLERY
Gemstones
Historically many gemstones have been subjected to
a variety of treatments to enhance their appearance.
Sapphires and rubies are routinely heat treated to
improve their colour and clarity, similarly emeralds
are frequently treated with oils or resin for the same
purpose. Other treatments such as staining, irradiation
or coating may have been used on other gemstones.
These treatments may be permanent, whilst others
may need special care or re-treatment over the years
to retain their appearance. Bidders should be aware
that Estimates assume that gemstones may have been
subjected to such treatments. A number of laboratories
issue certificates that give more detailed Descriptions
of gemstones. However, there may not be consensus
between different laboratories on the degrees, or
types of treatment for any particular gemstone. In the
event that Bonhams has been given or has obtained
certificates for any Lot in the Sale these certificates will
be disclosed in the Catalogue. Although, as a matter
of policy, Bonhams endeavours to provide certificates
from recognised laboratories for certain gemstones, it
is not feasible to obtain certificates for each Lot. In the
event that no certificate is published in the Catalogue,
Bidders should assume that the gemstones may have
been treated. Neither Bonhams nor the Seller accepts any
liability for contradictions or differing certificates obtained
by Buyers on any Lots subsequent to the Sale.
Estimated Weights
If a stone(s) weight appears within the body of the
Description in capital letters, the stone(s) has been
unmounted and weighed by Bonhams. If the weight
of the stone(s) is stated to be approximate and does
not appear in capital letters, the stone(s) has been
assessed by us within its/their settings, and the
stated weight is a statement of our opinion only. This
information is given as a guide and Bidders should
satisfy themselves with regard to this information as to
its accuracy.
Signatures
A diamond brooch, by Kutchinsky
When the maker's name appears in the title,in
Bonhams' opinion the piece is by that maker.
A diamond brooch, signed Kutchinsky
Has a signature that, in Bonhams' opinion, is authentic
but may contain gemstones that are not original, or the
piece may have been altered.
A diamond brooch, mounted by Kutchinsky
Has been created by the jeweller, in Bonhams' opinion,
but using stones or designs supplied by the client.
19. PHOTOGRAPHS
Explanation of Catalogue Terms
"Bill Brandt": in our opinion a work by the artist.
"Attributed to Bill Brandt": in our opinion probably
a work by the artist, but less certainty to authorship is
expressed than in the preceding category.
"Signed and/or titled and/or dated and/or
inscribed": in our opinion the signature and/ or title
and/or date and/or inscription are in the artist's hand.
"Signed and/or titled and/or dated and/or
inscribed in another hand": in our opinion the
signature and/or title and/or date and/or inscription
have been added by another hand.
The date given is that of the image (negative).
Where no further date is given, this indicates that
the photographic print is vintage (the term "vintage"
may also be included in the Lot Description). A
vintage photograph is one which was made within
approximately 5-10 years of the negative. Where a
second, later date appears, this refers to the date of
printing. Where the exact printing date is not known,
but understood to be later, "printed later" will appear
in the Lot Description.
Unless otherwise specified, dimensions given are those
of the piece of paper on which the image is printed,
including any margins. Some photographs may appear
in the Catalogue without margins illustrated.
All photographs are sold unframed unless stated in the
Lot Description.
20. PICTURES
Explanation of Catalogue Terms
The following terms used in the Catalogue have the
following meanings but are subject to the general
provisions relating to Descriptions contained in the
Contract for Sale:
"Jacopo Bassano": in our opinion a work by the
artist. When the artist's forename(s) is not known, a
series of asterisks, followed by the surname of the
artist, whether preceded by an initial or not, indicates
that in our opinion the work is by the artist named;
"Attributed to Jacopo Bassano": in our opinion
probably a work by the artist but less certainty as
to authorship is expressed than in the preceding
category;
"Studio/Workshop of Jacopo Bassano": in our
opinion a work by an unknown hand in a studio of
the artist which may or may not have been executed
under the artist's direction;
"Circle of Jacopo Bassano": in our opinion a work
by a hand closely associated with a named artist but
not necessarily his pupil;
"Follower of Jacopo Bassano": in our opinion
a work by a painter working in the artist's style,
contemporary or nearly contemporary, but not
necessarily his pupil;
"Manner of Jacopo Bassano": in our opinion a
work in the style of the artist and of a later date;
"After Jacopo Bassano": in our opinion, a copy of a
known work of the artist;
"Signed and/or dated and/or inscribed": in our
opinion the signature and/or date and/or inscription
are from the hand of the artist;
"Bears a signature and/or date and/or
inscription": in our opinion the signature and/ or date
and/or inscription have been added by another hand.
21. PORCELAIN AND GLASS
Damage and Restoration
For your guidance, in our Online Sales Catalogues we
attempt to detail, as far as practicable, all significant
defects, cracks and restoration. Such practicable
Descriptions of damage cannot be definitive, and in
providing Condition Reports, we cannot guarantee
that there are no other defects present which
have not been mentioned. Bidders should satisfy
themselves by inspection, as to the condition of each
Lot. Please see the Contract for Sale. Because of
the difficulty in determining whether an item of glass
has been repolished, in our Online Sales Catalogues
reference is only made to visible chips and cracks. No
mention is made of repolishing, severe or otherwise.
22. WINE
Lots which are lying under Bond and those liable to VAT
may not be available for immediate collection.
Examining the wines
It is occasionally possible to provide a pre-sale tasting
for larger parcels (as defined below). This is generally
limited to more recent and everyday drinking wines.
Please contact the department for details.
It is not our policy to inspect every unopened case. In the
case of wines older than 20 years the boxes will usually
have been opened and levels and appearance noted in
the Online Sales Catalogue where necessary. You should
make proper allowance for variations in ullage levels and
conditions of corks, capsules and labels.
Corks and Ullages
Ullage refers to the space between the base of the
cork and the wine. Ullage levels for Bordeaux shaped
bottles are only normally noted when below the neck
and for Burgundy, Alsace, German and Cognac
shaped bottles when greater than 4 centimetres (cm).
Acceptable ullage levels increase with age; generally
acceptable levels are as follows:
Under 15 years old - into neck or less than 4cm
15 to 30 years old - top shoulder (ts) or up to 5cm
Over 30 years old - high shoulder (hs) or up to 6cm
It should be noted that ullages may change between
publication of the Online Sales Catalogue and the
Sale and that corks may fail as a result of transporting
the wine. We will only accept responsibility for
Descriptions of condition at the time of publication
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
of the Online Sales Catalogue and cannot accept
responsibility for any loss resulting from failure of corks
either before or after this point.
Options to buy parcels
A parcel is a number of Lots of identical size of the
same wine, bottle size and Description. The Buyer of
any of these Lots has the option to accept some or all
of the remaining Lots in the parcel at the same price,
although such options will be at the Auctioneer's sole
discretion. Absentee Bidders are, therefore, advised to
bid on the first Lot in a parcel.
Wines in Bond
Wines lying in Bond are marked ?. All Lots sold under
Bond, and which the Buyer wishes to remain under
Bond, will be invoiced without VAT or Duty on the
Hammer Price. If the Buyer wishes to take the Lot
as Duty paid, Excise Duty and VAT will be added to
the Hammer Price on the invoice. Buyers must notify
Bonhams at the time of the sale whether they wish
to take their wines under Bond or Duty paid. If a Lot
is taken under Bond, the Buyer will be responsible for
all VAT, Duty, clearance and other charges that may be
payable thereon.
Buyers outside France must be aware that any
forwarding agent appointed to export their purchases
must have a movement certificate for Lots to be
released under Bond.
Bottling Details and Case Terms
The following terms used in the Catalogue have the
following meanings:
CB - Château bottled DB - Domaine bottled EstB -
Estate bottled BB - Bordeaux bottled BE - Belgian
bottled FB - French bottled GB - German bottled OB
- Oporto bottled
UK - United Kingdom bottled owc - original wooden
case iwc - individual wooden case oc - original carton
23. DATA PROTECTION - USE OF YOUR
INFORMATION
Where we obtain any personal information about you,
we shall only use it in accordance with the terms of
our Privacy Policy (subject to any additional specific
consent(s) you may have given at the time your
information was disclosed). A copy of our Privacy
Policy can be found on our Website www.bonhams.
com or requested by email from
[email protected]
SYMBOLS
THE FOLLOWING SYMBOLS ARE USED TO
DENOTE:
Y This lot contains one or more regulated plant
or animal species and is subject to CITES
regulations. It is the buyer's responsibility to
investigate such regulations and to obtain
any necessary import or export certificates.
A buyer's inability to obtain such certificates
cannot justify a delay in payment or cancellation
of a sale. See clause 13.
TP Objects displayed with a TP will be located
at the warehouse and will only be available for
collection from this location on appointment with
Bonhams.
W Objects displayed with a w will be located in the
Bonhams Warehouse and will only be available for
collection from this location.
? Wines lying in Bond.
AR An Additional Premium will be payable to us by the
Buyer to cover our Expenses relating to payment
of royalties under the Artists Resale "Droit de
suite" articles L122-8 et R122-2 à 122-12
of Code de la propriété intellectuelle. See
paragraph 7 above for details.
¡ð The Seller has been guaranteed a minimum price
for the Lot, either by Bonhams or a third party.
This may take the form of an irrevocable bid by a
third party, who may make a financial gain on a
successful Sale or a financial loss if unsuccessful.
¡ø Bonhams owns the Lot either wholly or partially
or may otherwise have an economic interest.
? This lot contains elephant ivory and is therefore
subject to CITES regulations.
Property containing African elephant ivory cannot
be imported to the USA. The EU and the UK
have in place wide-ranging restrictions on dealing
with property containing elephant ivory, including
restrictions on import and/or export. It is a buyer's
responsibility to obtain any export or import
licences, certifications and any other required
documentation, where applicable. Bonhams is
not able to assist buyers with the shipment of any
lots containing elephant ivory into the US, the UK
or the EU. A buyer's inability to export or import
these lots cannot justify a delay in payment or
cancellation of a sale.
The symbols used to indicate the VAT status of a Lot are
set out at paragraph 8 above.
24. DEFINITIONS AND GLOSSARY
The following Definitions and Glossary are
incorporated in this Notice, the Online Bidding Terms
and Conditions, the Contract for Sale and the Buyer's
Agreement with Bonhams. Accordingly, the following
words and phrases used in those documents have
(unless the context otherwise requires) the meanings
given to them below.
LIST OF DEFINITIONS
"Additional Premium": a premium, calculated
in accordance with the Notice to Bidders, to cover
Bonhams' Expenses relating to the payment of
royalties under the Artists Resale Right art L122-8
and R122-2 to 122-12 of the Code de la propriété
intellectuelle "droit de suite des artistes, which is
payable by the Buyer to Bonhams on any Lot marked
[AR] which sells for a Hammer Price which together
with the Buyer's Premium (but excluding any VAT) equals
or exceeds 1000 euros (converted into the currency of
the Sale using the European Central Bank Reference
rate prevailing on the date of the Sale).
"Bidder": Any person considering, attempting or
making a Bid, including those who have completed a
Bidding Form or otherwise have registered to bid.
"Bonhams": Bonhams France SAS or its successors
or assigns. Bonhams is also referred to in these Online
Bidding Terms and Conditions (including Appendices)
and the Notice to Online Bidders by the words "we",
"us" and "our".
"Book": a printed Book offered for Sale at a specialist
Book Sale.
"Business" includes any trade, Business and
profession.
"Buyer": the Bidder who has placed the highest
bid at the closing of the Lot during the Online Sale
process. The Buyer is also referred to in the Contract for
Sale and the Buyer's Agreement by the words "you"
and "your".
"Buyer's Agreement": the contract entered into
by Bonhams with the Buyer, see Appendix 2 to the
Online Bidding Terms and Conditions.
"Buyer's Premium": the sum calculated on the
Hammer Price at the rates stated in the Notice to
Online Bidders.
"Condition Report": a report on aspects of the
physical condition of a Lot provided to a Bidder or
potential Bidder by Bonhams on behalf of the Seller.
"Conditions of Sale": the Notice to Online Bidders,
the Online Bidding Terms and Conditions, the Contract
for Sale in Appendix 1, the Buyer's Agreement in
Appendix 2.
"Consumer": a private individual who is acting for
the relevant purpose outside his trade, Business or
profession.
"Contract for Sale": the Sale contract entered into
by the Seller with the Buyer set out in Appendix 1 to
the Online Bidding Terms and Conditions.
"Contractual Description": the only Description
of the Lot (being that part of the Entry about the Lot
in the Online Sales Catalogue which is in bold or upper
case letters and any photograph (except for the
colour) to which the Seller undertakes in the Contract of
Sale the Lot corresponds.
"Description": any statement or representation in any
way descriptive of the Lot, including any statement
or representation relating to its authorship, attribution,
condition, provenance, authenticity, style, period, age,
suitability, quality, origin, value, Estimated selling price
(including the Hammer Price).
"Entry": a written statement in the Catalogue
identifying the Lot and its Lot number which may
contain a Description and illustration(s) relating to the Lot.
"Estimate": a statement of our opinion of the range
within which the hammer is likely to fall.
"Expenses": charges and Expenses paid or payable
by Bonhams in respect of the Lot including legal
Expenses, banking charges and Expenses incurred
as a result of an electronic transfer of money, charges
and Expenses for loss and damage cover, insurance,
Catalogue and other reproductions and illustrations, any
customs duties, advertising, packing or shipping costs,
reproductions rights' fees, taxes, levies, costs of
testing, searches or enquiries, preparation of the Lot
for Sale, storage charges, removal charges, removal
charges or costs of collection from the Seller as the
Seller's agents or from a defaulting Buyer, plus VAT if
applicable.
"Forgery": an imitation intended by the maker or any
other person to deceive as to authorship, attribution,
origin, authenticity, style, date, age, period, provenance,
culture, source or composition, which at the date
of the Sale had a value materially less than it would
have had if the Lot had not been such an imitation,
and which is not stated to be such an imitation in
any Description of the Lot. A Lot will not be a Forgery
by reason of any damage to, and/ or restoration
and/ or modification work (including repainting or over
painting) having been carried out on the Lot, where
that damage, restoration or modification work (as the
case may be) does not substantially affect the identity
of the Lot as one conforming to the Description of the
LotGuarantee": the obligation undertaken personally by
Bonhams to the Buyer in respect of any Forgery and,
in the case of specialist Stamp Sales and/or specialist
Book Sales, a Lot made up of a Stamp or Stamps or
a Book or Books as set out in the Buyer's Agreement.
"Hammer Price": the price in the currency in which
the Sale is conducted at which a Lot is knocked
down by the Online Sale to the successful Bidder.
"Lot": any item consigned to Bonhams with a view
to its Sale by Online Sale (and reference to any Lot will
include, unless the context otherwise requires, reference
to individual items comprised in a group of two or more
items offered for Sale as one Lot).
"Lot Closing": the point described in paragraph 5 of
the Notice to Online Bidders at which the period for
bidding on the Lot ends, creating the Sale contract
between the highest Bidder at that point and the Seller.
"Motoring Catalogue Fee": a fee payable by the
Seller to Bonhams in consideration of the additional
work undertaken by Bonhams in respect of the
cataloguing of motor vehicles and in respect of the
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
promotion of Sales of motor vehicles.
"Notice to Online Bidders": the notice with and
applying to our Online Sales Catalogues.
"Online Sales Catalogue": the Online Sales Catalogue
on Bonhams' website containing the Lot for Sale.
"Online Sale": an auction Sale arranged by
Bonhams at which all bids are submitted remotely by
electronic means.
"Purchase Price": the aggregate of the Hammer
Price and VAT on the Hammer Price (where applicable),
the Buyer's Premium and VAT on the Buyer's Premium
and any Expenses.
"Reserve": the minimum price at which a Lot may
be sold.
"Sale": the Online Sale at which a Lot is to be offered
for Sale by Bonhams.
"Seller": the person who offers the Lot for Sale.
"Specialist Examination": a visual examination of a
Lot by a specialist on the Lot.
"Stamp": means a postage Stamp offered for Sale at a
Specialist Stamp Sale.
"Storage Contract": means the contract described
in paragraph 4 of the Buyer's Agreement.
"Storage Contractor": means the company
identified as such in the Online Sales Catalogue.
"Terrorism": means any act or threatened act
of Terrorism, whether any person is acting alone or on
behalf of or in connection with any organisation(s) and/
or government(s), committed for political, religious or
ideological or similar purposes including, but not limited
to, the intention to influence any government and/or put
the public or any section of the public into fear.
"VAT": value added tax at the prevailing rate at the date
of the Sale
"Website": Bonhams Website at www.bonhams.com
"Withdrawal Notice": the Seller's written notice to
Bonhams revoking Bonhams' instructions to sell a Lot.
"Without Reserve": where there is no minimum
price at which a Lot may be sold. This will be indicated
by the Lot or elsewhere (if for several Lots) in the Online
Sales Catalogue.
GLOSSARY
The following expressions have specific legal
meanings with which you may not be familiar.
The following glossary is intended to give you an
understanding of those expressions but is not
intended to limit their legal meanings:
"Artist's Resale Right": the right of the creator
of a work of art to receive a payment on Sales of that
work subsequent to the original Sale of that work by
the creator of it as set out in the Artists Resale Right art
L122-8 and R122-2 to 122-12 Code de la propriété
intellectuelle.
"bailee": a person to whom goods are entrusted.
"indemnity": an obligation to put the person who
has the benefit of the indemnity in the same position in
which he would have been, had the circumstances
giving rise to the indemnity not arisen and the
expression "indemnify" is construed accordingly.
"interpleader proceedings": proceedings in the
Courts to determine ownership or rights over a Lot.
"lien": a right for the person who has possession of
the Lot to retain possession of it.
"risk": the possibility that a Lot may be lost,
damaged, destroyed, stolen, or deteriorate in
condition or value. "title": the legal and equitable right to
the ownership of a Lot.
"tort": a legal wrong done to someone to whom the
wrong doer has a duty of care.
"warranty": a legal assurance or promise, upon which
the recipient is entitled to rely.
APPENDIX 1
BUYERS CONTRACT FOR SALE WITH SELLER
IMPORTANT: These terms may be changed
in advance of the Sale of the Lot to you, by
the setting out of different terms in the Online
Sales Catalogue for the Online Sale and/
or by placing an insert in the Online Bidding
Terms and Conditions and/or by notices on
Bonhams' website. You should be alert to this
possibility of changes and check the website
in advance of bidding if there have been any.
Under this contract the Seller's liability in
respect of the quality of the Lot, its fitness
for any purpose and its conformity with
any Description is limited. You are strongly
advised to examine information about the Lot
and/or obtain independent advice before you
buy it.
1. THE CONTRACT
1.1 These terms and the relevant terms for
Bidders and Buyers in the Online Bidding
Terms and Conditions govern the Contract for
Sale of the Lot by the Seller to the Buyer.
1.2 The Definitions and Glossary at the end of
the Notice to Online Bidders [ insert link to
Notice] are incorporated into this Contract
for Sale and a separate copy can also be
provided by Bonhams on request. Where
words and phrases are used which are in
the List of Definitions, they are printed in
italics.
1.3 The Seller sells the Lot as the principal to the
Contract for Sale, such contract being made
between the Seller and you through Bonhams
which acts in the sole capacity as the Seller's
agent and not as an additional principal.
However, if the Online Sales Catalogue or
other notice connected with the Sale states
that Bonhams sells the Lot as principal, then
Bonhams is the Seller for the purposes of this
agreement.
1.4 The contract is made with the Bidder who has
submitted the highest bid on the Lot Closing,
being the point at which the period for bidding
on the Lot ends.
2. SELLER'S WARRANTIES AND UNDERTAKINGS
2.1 The Seller warrants and undertakes to you that:
2.1.1 the Seller is the owner of the Lot or is duly
authorised to sell the Lot by the owner;
2.1.2 save as disclosed in the Entry for the Lot in
the Online Sales Catalogue, the Seller sells the
Lot with full title guarantee or, where the Seller
is an executor, trustee, liquidator, receiver
or administrator, with whatever right, title or
interest he may have in the Lot; except where
the sale is by an executor, trustee, liquidator,
receiver or administrator, the Seller is both
legally entitled to sell the Lot, and legally
capable of conferring on you quiet possession
of the Lot
2.1.3 the Seller has complied with all requirements,
legal or otherwise, relating to any export or
import of the Lot, and all duties and taxes in
respect of the export or import of the Lot have
(unless stated to the contrary in the Online
Sales Catalogue) been paid and, so far as the
Seller is aware, all third parties have complied
with such requirements in the past;
2.1.4 that items consigned for sale by the Seller
are not connected with or derived from any
criminal activity, including without limitation
tax evasion, money laundering or terrorist
financing;
2.1.5 subject to any alterations expressly identified
as such made by notice on the Bonhams
website, the Lot corresponds with the
Contractual Description of the Lot, being that
part of the Entry about the Lot in the Online
Sales Catalogue which is in bold letters and
(except for colour) with any photograph of the
Lot in the Online Sales Catalogue.
3. DESCRIPTIONS OF THE LOT
3.1 Paragraph 2.1.6 above sets out what is
the Contractual Description of the Lot. In
particular, the Lot is not sold as corresponding
with any part of the Entry in the Online Sales
Catalogue which is not printed in bold letters,
the remainder of which Entry merely sets out
(on the Seller's behalf) Bonhams' opinion
about the Lot and which is not part of the
Contractual Description upon which the Lot
is sold. Any statement or representation other
than that part of the Entry referred to in
paragraph 2.1.6 (together with any express
alteration to it as referred to in paragraph
2.1.6), including any Description or Estimate,
whether made orally or in writing, including on
Bonhams' Website or otherwise, and whether
by or on behalf of the Seller or Bonhams and
whether made prior to or during the Sale, is
not part of the Contractual Description upon
which the Lot is sold.
3.2 Except as provided in paragraph 2.1.6,
the Seller does not make or give and does
not agree to make or give any contractual
promise, undertaking, obligation, guarantee,
warranty, or representation of fact, or
undertake any duty of care, in relation to
any Description of the Lot or any Estimate
in relation to it, nor of the accuracy or
completeness of any Description or Estimate
which may have been Bonhams. No such
Description or Estimate is incorporated into
this Contract for Sale.
4. FITNESS FOR PURPOSE AND
SATISFACTORY QUALITY
4.1 The Seller does not make and does not
agree to make any contractual promise,
undertaking, obligation, guarantee, warranty,
or representation of fact in relation to the
satisfactory quality of the Lot or its fitness for
any purpose.
4.2 The Seller will not be liable for any breach of
any undertaking, of the Lot or its fitness for
any purpose.
5. RISK, PROPERTY AND TITLE
5.1 Risk in the Lot passes to you after 5 days
from the day on which Lot Closing occurred
in respect of the Lot or upon collection of the
Lot if earlier. The Seller will not be responsible
thereafter for the Lot prior to you collecting
it from Bonhams or the Storage Contractor,
with whom you have separate contract(s) as
Buyer. You will indemnify the Seller and keep
the Seller fully indemnified from and against
all claims, proceedings, costs, expenses and
losses arising in respect of any injury, loss and
damage caused to the Lot beyond 7 days
from the day of Lot Closing until you obtain full
title to it.
5.2 Title to the Lot remains in and is retained by
the Seller until: (i) the Purchase Price and all
other sums payable by you to Bonhams in
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
relation to the Lot have been paid in full to and
received in cleared funds by Bonhams, and
(ii) Bonhams has completed its investigations
pursuant to clause 3.11 of the Buyer's
Agreement with Bonhams set out in Appendix
2 to the Online Bidding Terms and Conditions.
6. PAYMENT
6.1 Your obligation to pay the Purchase Price
arises on Lot Closing when your bid is the
highest bid in respect of the Lot.
6.2 Time will be of the essence in relation to
payment of the Purchase Price and all other
sums payable by you to Bonhams. Unless
agreed in writing with you by Bonhams on the
Seller's behalf (in which case you must comply
with the terms of that agreement), all such
sums must be paid to Bonhams by you in the
currency in which the Sale was conducted by
not later than 4.30pm on the second working
day following the Sale and you must ensure that
the funds are cleared by the seventh working
day after the Sale. Payment must be made
to Bonhams by one of the methods stated in
the Notice to Online Bidders unless otherwise
agreed with you in writing by Bonhams. If you
do not pay in full any sums due in accordance
with this paragraph, the Seller will have the rights
set out in paragraph 8 below.
7. COLLECTION OF THE LOT
7.1 Please refer to the Online Sales Catalogue for
collection procedures for this Sale.
7.2 Unless otherwise agreed in writing with you
by Bonhams, the Lot will be released to you
or to your order only when: (i) Bonhams has
received cleared funds to the amount of the
full Purchase Price and all other sums owed
by you to the Seller and to Bonhams, and (ii)
Bonhams has completed its investigations
pursuant to clause 3.11 of the Buyer's
Agreement with Bonhams set out in Appendix
2 to the Online Bidding Terms and Conditions.
7.3 The Seller is entitled to withhold possession
from you of any other Lot he has sold to you
at the same or at any other Sale and whether
currently in Bonhams' possession or not, until
payment in full and in cleared funds of the
Purchase Price and all other sums due to the
Seller and/or Bonhams in respect of the Lot.
7.4 Subject to paragraph 7.2 above, you will
collect and remove the Lot at your own
expense from Bonhams' custody and/ or
control or from the Storage Contractor's
custody in accordance with Bonhams'
instructions or requirements.
7.5 You will be wholly responsible for packing,
handling and transport of the Lot on collection
and for complying with all import or export
regulations in connection with the Lot.
7.6 You will be wholly responsible for any removal,
storage or other charges or expenses incurred
by the Seller if you do not remove the Lot in
accordance with this paragraph 7 and will
indemnify the Seller against all charges, costs,
including any legal costs and fees, expenses
and losses suffered by the Seller by reason of
your failure to remove the Lot including any
charges due under any Storage Contract. All
such sums due to the Seller will be payable on
demand.
8. FAILURE TO PAY FOR THE LOT
8.1 If the Purchase Price for a Lot is not paid to
Bonhams in full in accordance with the Contract
for Sale, the Seller will be entitled, with the prior
written agreement of Bonhams but (excepting
8.1.2 below) without further notice to you, to
exercise one or more of the following rights
(whether through Bonhams or otherwise):
8.1.1 to terminate immediately the Contract for Sale
of the Lot for your breach of contract;
8.1.2 to sell the Lot by auction, private treaty or any
other means on giving seven days' written
notice to you of the intention to sell;
8.1.3 to retain possession of the Lot;
8.1.4 to remove and store the Lot at your expense;
8.1.5 to take legal proceedings against you for any
sum due under the Contract for Sale and/or
damages for breach of contract;
8.1.6 to be paid interest on any monies due (after
as well as before judgement or order) at
the annual rate of 5% per annum above the
base rate of HSBC from time to time to be
calculated on a daily basis from the date upon
which such monies become payable until the
date of actual payment;
8.1.7 to repossess the Lot (or any part thereof)
which has not become your property, and
for this purpose (unless the Buyer buys the
Lot as a Consumer from the Seller selling in
the course of a Business) you hereby grant
an irrevocable licence to the Seller by himself
and to his servants or agents to enter upon
all or any of your premises (with or without
vehicles) during normal Business hours to
take possession of the Lot or part thereof;
8.1.8 to retain possession of any other property sold
to you by the Seller at the Sale or any other
auction or by private treaty until all sums due
under the Contract for Sale shall have been
paid in full in cleared funds; and
8.1.9 so long as such goods remain in the
possession of the Seller or Bonhams as its
bailee, to rescind the contract for the Sale of
any other goods sold to you by the Seller at
the Sale or at any other auction or by private
treaty and apply any monies received from
you in respect of such goods in part or full
satisfaction of any amounts owed to the Seller
or to Bonhams by you.
8.2 You agree to indemnify the Seller against
all legal and other costs of enforcement,
all losses and other expenses and costs
(including any monies payable to Bonhams
in order to obtain the release of the Lot)
incurred by the Seller (whether or not court
proceedings will have been issued) as a
result of Bonhams taking steps under this
paragraph 8 on a full indemnity basis together
with interest thereon (after as well as before
judgement or order) at the rate specified in
paragraph 8.1.6 from the date upon which the
Seller becomes liable to pay the same until
payment by you.
8.3 On any sale of the Lot under paragraph 8.1.2,
Bonhams will account to the Seller for the
proceeds of such sale and you will remain
liable for any shortfall from the amount you
had agreed to pay for such Lot, and any costs
and expenses associated with such sale.
9. THE SELLER'S LIABILITY
9.1 In the event of a sale of the Lot, the Seller will
not be liable for any injury, loss or damage
caused by the Lot after the Lot Closing in
respect of the Lot.
9.2 Subject to paragraph 9.3 below, except for
breach of the express undertaking provided in
paragraph 2.1.6 above, the Seller will not be
liable for any breach of any term that the Lot
will correspond with any Description applied to
it by or on behalf of the Seller, whether implied
by the Sale of Goods Act 1979 or otherwise.
9.3 Unless the Seller sells the Lot in the course of a
Business and the Buyer buys it as a Consumer:
9.3.1 the Seller will not be liable (whether in
negligence, other tort, breach of contract
or statutory duty or in restitution or in any
other way) for any lack of conformity with, or
inaccuracy, error, misdescription or omission
in any Description of the Lot or any Entry or
Estimate in relation to the Lot made by or on
behalf of the Seller (whether made in writing,
including in the Online Sales Catalogue, or
on the Website, or orally, or by conduct or
otherwise) and whether made before or after
this agreement or prior to or during the Sale;
9.3.2 the Seller will not be liable for any loss of
Business, Business profits or revenue or
income or for loss of reputation or for disruption
to Business or wasted time on the part of the
Buyer or of the Buyer's management or staff
or, for any indirect losses or consequential
damages of any kind, irrespective in any
case of the nature, volume or source of the
loss or damage alleged to be suffered, and
irrespective of whether the said loss or damage
is caused by or claimed in respect of any
negligence, other tort, breach of contract,
statutory duty, restitutionary claim or otherwise;
9.3.3 in any circumstances where the Seller is
liable to you in respect of the Lot, or any
act, omission, statement, or representation
in respect of it, or this agreement or its
performance, and whether in damages, for an
indemnity or contribution or for a restitutionary
remedy or in any way whatsoever, the Seller's
liability will be limited to payment of a sum
which will not exceed by way of maximum
the amount of the Purchase Price of the Lot
irrespective in any case of the nature, volume
or source of any loss or damage alleged
to be suffered or sum claimed as due, and
irrespective of whether the liability arises from
any negligence, other tort, breach of contract,
statutory duty, bailee's duty, restitutionary
claim or otherwise.
9.4 Nothing set out in paragraphs 9.1 to 9.3
above will be construed as excluding or
restricting (whether directly or indirectly)
any person's liability or excluding or
restricting any person's rights or remedies in
respect of (i) fraud, or (ii) death or personal
injury caused by the Seller's negligence (or
any person under the Seller's control or for
whom the Seller is legally responsible), or any
other liability to the extent the same may not
be excluded or restricted as a matter of law
10. EU CONSUMER CANCELLATION RIGHTS
If the Lot is not identified as sold by a
Consumer, then Buyers who are Consumers
in the EU will have certain cancellation rights,
as set out at Section P of the Online Bidding
Terms and Conditions.
11. MISCELLANEOUS
11.1 You may not assign either the benefit or
burden of this Contract for Sale.
11.2 The Seller's failure or delay in enforcing or
exercising any power or right under this
Contract for Sale will not operate or be
deemed to operate as a waiver of his rights
under it except to the extent of any express
waiver given to you in writing. Any such waiver
will not affect the Seller's ability subsequently
to enforce any right arising under this Contract
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
for Sale.
11.3 If either party to this Contract for Sale is
prevented from performing that party's
respective obligations under this Contract for
Sale by circumstances beyond its reasonable
control (including without limitation,
insurrection, industrial or governmental action,
warfare (declared or undeclared) terrorism,
power failure, epidemic or natural disaster),
or if performance of its obligations would by
reason of such circumstances give rise to a
significantly increased financial cost to it,
then that party will not, for so long as such
circumstances prevail, be required to perform
such obligations. This paragraph does not
apply to the obligations imposed on you by
paragraph 6 above.
11.4 Any notice or other communication to be
given under this Contract for Sale must be
in writing and may be delivered by hand
or sent by first class post or air mail or fax
transmission, if to the Seller, addressed c/o
Bonhams at its address or fax number in
the Online Sales Catalogue (marked for the
attention of the Company Secretary), and
if to you to the address or fax number of
the Buyer given in the Bidding Form (unless
notice of any change of address is given in
writing). It is the responsibility of the sender
of the notice or communication to ensure
that it is received in a legible form within any
applicable time period.
11.5 If any term or any part of any term of this
Contract for Sale is held to be unenforceable
or invalid, such unenforceability or invalidity
will not affect the enforceability and validity of
the remaining terms or the remainder of the
relevant term.
11.6 References in this Contract for Sale to
Bonhams will, where appropriate, include
reference to Bonhams' officers, employees
and agents and to any subsidiary of
Bonhams Holdings Limited and to its officers,
employees and agents The headings used in
this Contract for Sale are for convenience only
and will not affect its interpretation.
11.7 In this Contract for Sale "including" means
"including, without limitation".
11.8 References to the singular will include
reference to the plural (and vice versa) and
reference to any one gender will include
reference to the other genders.
11.9 Reference to a numbered paragraph is to a
paragraph of this Contract for Sale, unless
otherwise specified.
11.10 Save as expressly provided in paragraph
10.12, nothing in this Contract for Sale
confers (or purports to confer) on any person
who is not a party to this Contract for Sale any
benefit conferred by, or the right to enforce
any term of, this Contract for Sale.
11.11 Where this Contract for Sale confers an
immunity from, and/or an exclusion or
restriction of, the responsibility and/or liability
of the Seller, it will also operate in favour and
for the benefit of Bonhams, Bonhams' holding
company and the subsidiaries of such holding
company and the successors and assigns
of Bonhams and of such companies and of
any officer, employee and agent of Bonhams
and such companies, each of whom will be
entitled to rely on the relevant immunity
12. GOVERNING LAW
All transactions to which this Contract for
Sale applies and all connected matters will be
governed and construed in accordance with
the French laws where the Sale takes place
and the Seller and you save that the Seller
may bring proceedings against you in any
other court of competent jurisdiction to the
extent permitted by the laws of the relevant
jurisdiction.
APPENDIX 2
BUYERS AGREEMENT WITH BONHAMS
IMPORTANT: These terms may be changed in
advance of the Sale of the Lot to you, by the
setting out of different terms in the Catalogue
for the Sale and/or by placing an insert in the
Catalogue and/or by notices at the Sale venue
and/or by oral announcements before and
during the Sale at the Sale venue. You should
be alert to this possibility of changes and ask in
advance of bidding if there have been any.
1. THE CONTRACT
1.1 These terms govern the contract between
Bonhams personally and the Buyer, being
the person to whom a Lot has been knocked
down by the Auctioneer.
1.2 The Definitions and Glossary contained in the
Notice to Online Bidders are incorporated into
this agreement and a separate copy can also
be provided by us on request. Where words
and phrases which are defined in the List of
Definitions are used in this agreement, they
are printed in italics.
1.3 Subject to the provisions of paragraph 3.11
below, the Contract for Sale of the Lot
between you and the Seller is made on the Lot
Closing in respect of the Lot when you are the
highest bidder at that point. At that moment a
separate contract is also made between you
and Bonhams on the terms in this Buyer's
Agreement.
1.4 We act as agents for the Seller and are not
answerable or personally responsible to you
for any breach of contract or other default by
the Seller, unless Bonhams sells the Lot as
principal.
1.5 Our personal obligations to you are governed
by this agreement and we agree, subject to
the terms below, to the following obligations:
1.5.1 we will, until the date and time specified in the
Notice to Online Bidders or otherwise notified to
you, store the Lot in accordance with paragraph
5 below;
1.5.2 subject to any power of the Seller or Bonhams
to refuse to release the Lot to you (including
pursuant to paragraph 3.11), we will release the
Lot to you in accordance with paragraph 4 once
you have paid to us, in cleared funds, everything
due to us and the Seller;
1.5.3 we will provide guarantees in the terms set out in
paragraphs 9 and 10.
1.6 We do not make or give and do not agree
to make or give any contractual promise,
undertaking, obligation, guarantee, warranty,
representation of fact in relation to any
Description of the Lot or any Estimate
in relation to it, nor of the accuracy or
completeness of any Description or Estimate
which may have been made by us or on our
behalf or by or on behalf of the Seller (whether
made orally or in writing, including in the Online
Sales Catalogue or on Bonhams' Website,
or by conduct, or otherwise), and whether
made before or after this agreement or prior
to or during the Sale. No such Description or
Estimate is incorporated into this agreement
between you and us. Any such Description or
Estimate, if made by us or on our behalf, was
(unless Bonhams itself sells the Lot as principal)
made as agent on behalf of the Seller.
2. PERFORMANCE OF THE CONTRACT
FOR SALE
You undertake to us personally that you will
observe and comply with all your obligations
and undertakings to the Seller under the
Contract for Sale in respect of the Lot.
3. PAYMENT AND BUYER WARRANTIES
3.1 Unless agreed in writing between you and us
or as otherwise set out in the Notice to Online
Bidders, you must pay to us by not later than
4.30pm on the second working day following
the Sale:
3.1.1 the Purchase Price for the Lot;
3.1.2 a Buyer's Premium in accordance with the rates
set out in the Notice to Bidders on each lot, and
3.1.3 if the Lot is marked [AR], an Additional Premium
which is calculated and payable in accordance
with the Notice to Online Bidders together with
VAT on that sum if applicable, so that all sums
due to us are cleared funds by the seventh
working day after the Sale.
3.2 You must also pay us on demand any
Expenses payable pursuant to this agreement.
3.3 All payments to us must be made in the
currency in which the Sale was conducted,
using, unless otherwise agreed by us in
writing, one of the methods of payment set out
in the Notice to Online Bidders. Our invoices
will only be addressed to the registered Bidder
unless the Bidder is acting as an agent for a
named principal and we have approved that
arrangement, in which case we will address
the invoice to the principal.
3.4 Unless otherwise stated in this agreement all
sums payable to us will be subject to VAT at
the appropriate rate and VAT will be payable
by you on all such sums.
3.5 We may deduct and retain for our own benefit
from the monies paid by you to us the Buyer's
Premium, the Commission payable by the
Seller in respect of the Lot, any Expenses and
VAT and any interest earned and/or incurred
until payment to the Seller.
3.6 Time will be of the essence in relation to any
payment payable to us. If you do not pay the
Purchase Price, or any other sum due to us
in accordance with this paragraph 3, we will
have the rights set out in paragraph 7 below.
3.7 Where a number of Lots have been knocked
down to you, any monies we receive from you
will be applied pro-rata to pay the Purchase
Price of each Lot and to pay all amounts due
to Bonhams in relation to each Lot.
3.8 You warrant that neither you nor - if you are
a company, your directors, officers or your
owner or their directors or shareholders - are
an individual or an entity that is, or is owned or
controlled by individuals or entities that are:
3.8.1 the subject of any sanctions administered or
enforced by the U.S. Department of the Treasury's
Office of Foreign Assets Control, the U.S.
Departure of State, the United Nations Security
Council, the European Union, Her Majesty's
Treasury, or other relevant sanctions authority
("Sanctions" and a "Sanctioned Party"); or
3.8.2 located, organised or resident in a country
or territory that is, or whose government is,
the subject of Sanctions, including without
limitation, Iran, North Korea, Sudan, Russia,
and Syria); and further
3.8.3 that the property you purchase will not
be transferred to or used in a country in
contravention of any Sanctions administered
or enforced by the U.S, the United Nations
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
Security Council, the European Union or
Her Majesty's Treasury or any other relevant
Sanctions authority.
3.9 You warrant that the funds being used for your
purchase have no link with criminal activity
including without limitation money laundering,
tax evasion or terrorist financing, and that you
not under investigation for neither have been
charged nor convicted in connection with any
criminal activity.
3.10 Where you are acting as agent for another
party ("your Principal"), you undertake and
warrant that:
3.10.1 you have conducted suitable customer due
diligence into your Principal under applicable
Sanctions and Anti-Money Laundering laws
and regulations;
3.10.2 your Principal is not a Sanctioned Party and
not owned, partially owned or controlled by a
Sanctioned Party, and you have no reason to
suspect that your Principal has been charged
or convicted with, money laundering, terrorism
or other crimes;
3.10.3 funds used for your or your Principal's purchase
are not connected with or derived from any
criminal activity, including without limitation tax
evasion, money laundering or terrorist financing;
3.10.4 items purchased by you and your Principal
through Bonhams are not being transferred
to or used in a country in contravention of
any Sanctions administered or enforced by
the U.S, the United Nations Security Council,
the European Union or Her Majesty's Treasury
or any other relevant Sanctions authority,
or purchased or to be used in any way
connected with or to facilitate breaches of
applicable Tax, Anti-Money Laundering or
Anti-Terrorism laws and regulations; and
3.10.5 that you consent to Bonhams relying upon
your customer due diligence, undertaking
to retain records of your due diligence for at
least 5 years and to make such due diligence
records available for inspection by an
independent auditor in the event we request
you to do so.
3.11 We reserve the rights to make enquiries
about any person transacting with us and
to identify the source of any funds received
from you. In the event we have not completed
our investigations in respect of anti-terrorism
financing, anti-money laundering or other
financial and identity checks concerning either
you or the Seller, to our satisfaction at our
discretion, we shall be entitled to retain Lots
and/or proceeds of Sale, postpone or cancel
any sale and to take any other actions required
or permitted under applicable law, without
liability to you.
4. COLLECTION OF THE LOT
4.1 Subject to any power of the Seller or us to
refuse to release the Lot to you, once you
have paid to us in cleared funds everything
due to the Seller and to us and once we have
completed our investigations under paragraph
3.11, we will release the Lot to you or as you
may direct us in writing. The Lot will only be
released on production of a buyer collection
document, obtained from our cashier's office.
4.2 You must collect and remove the Lot at your
own expense by the date and time specified
in the Online Sales Catalogue, or if no date is
specified, by 4.30pm on the seventh day after
the Sale.
4.3 For the period referred to in paragraph 4.2,
the Lot can be collected from the address
specified in the Online Sales Catalogue
for collection on the days and times there
specified. Thereafter, the Lot may be removed
elsewhere for storage and you must enquire
from us as to when and where you can collect it,
although this information will usually be set out
in the Notice to Online Bidders or elsewhere in
the Online Sales Catalogue.
4.4 If you have not collected the Lot by the date
specified in the Online Sales Catalogue, you
authorise us, acting in this instance as your
agent and on your behalf, to enter into a
contract (the "Storage Contract") with the
Storage Contractor for the storage of the
Lot on the then current standard terms and
conditions agreed between Bonhams and
the Storage Contractor (copies of which are
available on request). If the Lot is stored at
our premises storage fees at our current daily
rates (currently a minimum of 5 € plus VAT per
Lot per day) will be payable from the expiry of
the period referred to in paragraph 4.2. These
storage fees form part of our Expenses.
4.5 Until you have paid the Purchase Price and
any Expenses in full the Lot will either be
held by us as agent on behalf of the Seller or
held by the Storage Contractor as agent on
behalf of the Seller and ourselves on the terms
contained in the Storage Contract.
4.6 You undertake to comply with the terms of
any Storage Contract and in particular to pay
the charges (and all costs of moving the Lot
into storage) due under any Storage Contract.
You acknowledge and agree that you will not
be able to collect the Lot from the Storage
Contractor's premises until you have paid the
Purchase Price, any Expenses and all charges
due under the Storage Contract.
4.7 You will be wholly responsible for packing,
handling and transport of the Lot on collection
and for complying with all import or export
regulations in connection with the Lot.
4.8 You will be wholly responsible for any removal,
storage, or other charges for any Lot not
removed in accordance with paragraph
4.2, payable at our current rates, and any
Expenses we incur (including any charges due
under the Storage Contract), all of which must
be paid by you on demand and in any event
before any collection of the Lot by you or on
your behalf.
5. STORING THE LOT
We agree to store the Lot until the earlier of
your removal of the Lot or until the time and
date set out in the Online Sales Catalogue (or if
no date is specified, by 4.30pm on the seventh
day after the Sale) and, subject to paragraphs
3, 6 and 10, to be responsible as bailee to you
for damage to or the loss or destruction of the
Lot (notwithstanding that it is not your property
before payment of the Purchase Price). If you
do not collect the Lot before the time and date
set out in the Notice to Bidders (or if no date is
specified, by 4.30pm on the seventh day after
the Sale) we may remove the Lot to another
location, the details of which will usually be set
out in the relevant section of the Online Sales
Catalogue. If you have not paid for the Lot in
accordance with paragraph 3, and the Lot is
moved to any third party's premises, the Lot will
be held by such third party strictly to Bonhams'
order and we will retain our lien over the Lot
until we have been paid in full in accordance
with paragraph 3.
6. RESPONSIBILITY FOR THE LOT
6.1 Title (ownership) in the Lot pass to you on
payment of the Purchase Price to us in full
in cleared funds, subject to and conditional
upon completion of our investigations to our
satisfaction under paragraph 3.11.
6.2 Please note that under the Contract for
Sale, the risk in the Lot passes to you after 5
days from the day upon which you were the
successful bidder in the Online Sale or upon
collection of the Lot if earlier, and you are
advised to obtain insurance in respect of the
Lot as soon as possible after the Sale.
7. FAILURE TO PAY OR TO REMOVE THE
LOT AND PART PAYMENTS
7.1 If all sums payable to us are not so paid in full
at the time they are due and/or the Lot is not
removed in accordance with this agreement,
we will without further notice to you (unless
otherwise provided below), be entitled to
exercise one or more of the following rights
(without prejudice to any rights we may
exercise on behalf of the Seller):
7.1.1 to terminate this agreement immediately for your
breach of contract;
7.1.2 to retain possession of the Lot;
7.1.3 to remove, and/or store the Lot at your expense;
7.1.4 to take legal proceedings against you for
payment of any sums payable to us by you
(including the Purchase Price) and/or damages
for breach of contract;
7.1.5 to be paid interest on any monies due to us
(after as well as before judgement or order) at
the annual rate of 5% per annum above the
base lending rate of HSBC from time to time
to be calculated on a daily basis from the date
upon which such monies become payable until
the date of actual payment;
7.1.6 to repossess the Lot (or any part thereof) which
has not become your property, and for this
purpose (unless you buy the Lot as a Consumer)
you hereby grant an irrevocable licence to us,
by ourselves, our servants or agents, to enter
upon all or any of your premises (with or without
vehicles) during normal business hours to take
possession of any Lot or part thereof;
7.1.7 to sell the Lot Without Reserve by auction, private
treaty or any other means on giving you three
months' written notice of our intention to do so;
7.1.8 to retain possession of any of your other
property in our possession for any purpose
(including, without limitation, other goods sold to
you or with us for Sale) until all sums due to us
have been paid in full;
7.1.9 to apply any monies received from you for any
purpose whether at the time of your default
or at any time thereafter in payment or part
payment of any sums due to us by you under
this agreement;
7.1.10 on three months' written notice to sell, Without
Reserve, any of your other property in our
possession or under our control for any purpose
(including other goods sold to you or with us for
Sale) and to apply any monies due to you as a
result of such Sale in payment or part payment
of any amounts owed to us;
7.1.11 refuse to allow you to register for a future Sale
or to reject a bid from you at any future Sale or
to require you to pay a deposit before any bid
is accepted by us at any future Sale in which
case we will be entitled to apply such deposit in
payment or part payment, as the case may be,
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
of the Purchase Price of any Lot of which you
are the Buyer;
7.1.12 having made reasonable efforts to inform you, to
release your name and address to the Seller, so
they might take appropriate steps to recover the
amounts due and legal costs associated with
such steps.
7.2 You agree to indemnify us against all legal and
other costs, all losses and all other Expenses
(whether or not court proceedings will have
been issued) incurred by us as a result of our
taking steps under this paragraph 7 on a full
indemnity basis together with interest thereon
(after as well as before judgement or order) at
the rate specified in paragraph 7.1.5 from the
date upon which we become liable to pay the
same until payment by you.
7.3 If you pay us only part of the sums due to us
such payment shall be applied pro-rata to
the Purchase Price of the Lot (or where you
have purchased more than one Lot pro-rata
towards the Purchase Price of each Lot) and
to the Buyer's Premium (or where you have
purchased more than one Lot pro-rata to the
Buyer's Premium on each Lot) and secondly
to any other sums due to us.
7.4 We will account to you in respect of any
balance we hold remaining from any monies
received by us in respect of any Sale of the
Lot under our rights under this paragraph 7
after the payment of all sums due to us and/or
the Seller within 28 days of receipt by us of all
such sums paid to us.
8. CLAIMS BY OTHER PERSONS IN
RESPECT OF THE LOT
8.1 Whenever it becomes apparent to us that the
Lot is the subject of a claim by someone other
than you and other than the Seller (or that
such a claim can reasonably be expected to
be made), we may, at our absolute discretion,
deal with the Lot in any manner which appears
to us to recognise the legitimate interests
of ourselves and the other parties involved
and lawfully to protect our position and our
legitimate interests. Without prejudice to the
generality of the discretion and by way of
example, we may:
8.1.1 retain the Lot to investigate any question raised
or reasonably expected by us to be raised in
relation to the Lot; and/or
8.1.2 deliver the Lot to a person other than you; and/or
8.1.3 commence interpleader proceedings or seek
any other order of any court, mediator, arbitrator
or government body; and/or
8.1.4 require an indemnity and/or security from you
in return for pursuing a course of action agreed
to by you.
8.2 The discretion referred to in paragraph 8.1:
8.2.1 may be exercised at any time during which
we have actual or constructive possession of
the Lot, or at any time after such possession,
where the cessation of such possession has
occurred by reason of any decision, order
or ruling of any court, mediator, arbitrator or
government body; and
8.2.2 will not be exercised unless we believe that there
exists a serious prospect of an arguable case in
favour of the claim.
9. FORGERIES
9.1 We undertake a personal responsibility for any
Forgery for a period of 5 years from the date
of the sale in accordance with the terms of
this paragraph 9.
9.2 Paragraph 9 applies only if:
9.2.1 your name appears as the named person to
whom the original invoice was made out by us
in respect of the Lot and that invoice has been
paid; and
9.2.2 you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a Forgery, and in any event
within five year after the Sale, that the Lot is a
Forgery; and
9.2.3 within one month after such notification has
been given, you return the Lot to us in the same
condition as it was at the time of the Sale,
accompanied by written evidence that the Lot
is a Forgery and details of the Sale and Lot
number sufficient to identify the Lot.
9.3 Paragraph 9 will not apply in respect of a
Forgery if:
9.3.1 the Entry in relation to the Lot contained in
the Online Sales Catalogue reflected the then
accepted general opinion of scholars and
experts or fairly indicated that there was a
conflict of such opinion or reflected the then
current opinion of an expert acknowledged to be
a leading expert in the relevant field; or
9.3.2 it can be established that the Lot is a Forgery
only by means of a process not generally
accepted for use until after the date on which
the Online Sales Catalogue was published or by
means of a process which it was unreasonable
in all the circumstances for us to have employed.
9.4 You authorise us to carry out such processes
and tests on the Lot as we in our absolute
discretion consider necessary to satisfy
ourselves that the Lot is or is not a Forgery.
9.5 If we are satisfied that a Lot is a Forgery we will
(as principal) purchase the Lot from you and
you will transfer the title to the Lot in question to
us, with full title guarantee, free from any liens,
charges, encumbrances and adverse claims,
and we will pay to you an amount equal to the
sum of the Purchase Price, Buyer's Premium,
VAT and Expenses paid by you in respect of
the Lot.
9.6 The benefit of paragraph 9 is personal to, and
incapable of assignment by, you.
9.7 If you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
paragraph will cease.
9.8 Paragraph 9 does not apply to a Lot made up
of or including a Chinese painting or Chinese
paintings, a motor vehicle or motor vehicles, a
Stamp or Stamps or a Book or Books.
10. OUR LIABILITY
10.1 Our duty to you while the Lot is at your risk
and/or your property and in our custody and/
or control is to exercise reasonable care in
relation to it, but we will not be responsible
for damage to the Lot or to other persons or
things caused by:
10.1.1 handling the Lot if it was affected at the time
of Sale to you by woodworm and any damage
is caused as a result of it being affected by
woodworm; or
10.1.2 changes in atmospheric pressure; nor will we
be liable for:
10.1.3 damage to tension stringed musical instruments; or
10.1.4 damage to gilded picture frames, plaster picture
frames or picture frame glass; and if the Lot is
or becomes dangerous, we may dispose of it
without notice to you in advance in any manner
we think fit and we will be under no liability to
you for doing so.
10.2 We will not be liable to you for any loss
of Business, Business profits, revenue or
income or for loss of Business reputation or
for disruption to Business or wasted time
on the part of the Buyer's management
or staff or, if you are buying the Lot in the
course of a Business, for any indirect losses
or consequential damages of any kind,
irrespective in any case of the nature, volume
or source of the loss or damage alleged to be
suffered, and irrespective of whether the said
loss or damage is caused by or claimed in
respect of any negligence, other tort, breach
of contract, statutory duty, bailee's duty, a
restitutionary claim or otherwise.
10.3 Unless you buy the Lot as a Consumer, in
any circumstances where we are liable to
you in respect of a Lot, or any act, omission,
statement, representation in respect of it,
or this agreement or its performance, and
whether in damages, for an indemnity or
contribution or for a restitutionary remedy
or in any way whatsoever, our liability will be
limited to payment of a sum which will not
exceed by way of maximum the amount of
the Purchase Price of the Lot plus Buyer's
Premium (less any sum you may be entitled
to recover from the Seller) irrespective in any
case of the nature, volume or source of any
loss or damage alleged to be suffered or sum
claimed as due, and irrespective of whether
the liability arises from negligence, other tort,
breach of contract, statutory duty, bailee's
duty, a restitutionary claim or otherwise.You
may wish to protect yourself against loss by
obtaining insurance.
10.4 Nothing set out above will be construed as
excluding or restricting (whether directly or
indirectly) any person's liability or excluding
or restricting any person's rights or remedies
in respect of (i) fraud, or (ii) death or personal
injury caused by our negligence (or any person
under our control or for whom we are legally
responsible), or (iii) any other liability to the extent
the same may not be excluded or restricted as
a matter of law, or (v) under our undertaking in
paragraph 9 of these conditions.
11. BOOKS MISSING TEXT OR ILLUSTRATIONS
11.1 Where the Lot is made up wholly of a Book
or Books and any Book does not contain
text or illustrations (in either case referred to
as a "non-conforming Lot"), we undertake
a personal responsibility for such a nonconforming Lot in accordance with the terms
of this paragraph, if:
11.1.1 the original invoice was made out by us to you
in respect of the Lot and that invoice has been
paid; and
11.1.2 you notify us in writing as soon as reasonably
practicable after you have become aware that
the Lot is or may be a non-conforming Lot, and
in any event within 20 days after the Sale (or
such longer period as we may agree in writing)
that the Lot is a non-conforming Lot; and
11.1.3 within 20 days of the date of the relevant Sale (or
such longer period as we may agree in writing)
you return the Lot to us in the same condition
as it was at the time of the Sale, accompanied
by written evidence that the Lot is a nonconforming Lot and details of the Sale and Lot
number sufficient to identify the Lot, but not if:
11.1.4 the Entry in the Catalogue in respect of the Lot
indicates that the rights given by this paragraph
do not apply to it; or
11.1.5 the Entry in the Catalogue in respect of the Lot
reflected the then accepted general opinion of
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
scholars and experts or fairly indicated that there
was a conflict of such opinion; or
11.1.6 it can be established that the Lot is a nonconforming Lot only by means of a process not
generally accepted for use until after the date on
which the Catalogue was published or by means
of a process which it was unreasonable in all the
circumstances for us to have employed; or
11.1.7 the Lot comprises atlases, maps, autographs,
manuscripts, extra illustrated books, music or
periodical publications; or the Lot was listed in
the Catalogue under "collections" or "collections
and various" or the Lot was stated in the
Catalogue to comprise or contain a collection,
issue or Books which are undescribed or the
missing text or illustrations are referred to or the
relevant parts of the Book contain blanks, half
titles or advertisements.
11.2 If we are reasonably satisfied that a Lot is a
non- conforming Lot, we will (as principal)
purchase the Lot from you and you will
transfer the title to the Lot in question to us,
with full title guarantee, free from any liens,
charges, encumbrances and adverse claims
and we will pay to you an amount equal to
the sum of the Purchase Price and Buyer's
Premium paid by you in respect of the Lot.
11.3 The benefit of paragraph 11 is personal to,
and incapable of assignment by, you and if
you sell or otherwise dispose of your interest
in the Lot, all rights and benefits under this
paragraph will cease.
12. EU CONSUMER CANCELLATION RIGHTS
Buyers who are Consumers in the EU will have
certain cancellation rights, as set out at Section
P of the Online Bidding Terms and Conditions
concerning any post sale services such as
shipping provided by Bonhams.
13. MISCELLANEOUS
13.1 You may not assign either the benefit or
burden of this agreement.
13.2 Our failure or delay in enforcing or exercising
any power or right under this agreement will
not operate or be deemed to operate as a
waiver of our rights under it except to the
extent of any express waiver given to you
in writing. Any such waiver will not affect
our ability subsequently to enforce any right
arising under this agreement.
13.3 If either party to this agreement is prevented
from performing that party's respective
obligations under this agreement by
circumstances beyond its reasonable control
or if performance of its obligations would
by reason of such circumstances give rise
to a significantly increased financial cost
to it, that party will not, for so long as such
circumstances prevail, be required to perform
such obligations. This paragraph does not
apply to the obligations imposed on you by
paragraph 3.
13.4 Any notice or other communication to be given
under this agreement must be in writing and may
be delivered by hand or sent by first class post
or air mail or fax transmission (if to Bonhams
marked for the attention of the Company
Secretary), to the address or fax number of
the relevant party given in the Contract Form
(unless notice of any change of address is
given in writing). It is the responsibility of the
sender of the notice or communication to
ensure that it is received in a legible form within
any applicable time period.
13.5 If any term or any part of any term of this
agreement is held to be unenforceable or
invalid, such unenforceability or invalidity will
not affect the enforceability and validity of
the remaining terms or the remainder of the
relevant term.
13.6 References in this agreement to Bonhams
will, where appropriate, include reference to
Bonhams' officers, employees and agents.
13.7 The headings used in this agreement are
for convenience only and will not affect its
interpretation.
13.8 In this agreement "including" means
"including, without limitation".
13.9 References to the singular will include
reference to the plural (and vice versa) and
reference to any one gender will include
reference to the other genders.
13.10 Reference to a numbered paragraph is
to a paragraph of this agreement, Unless
otherwise specified.
13.11 Save as expressly provided in paragraph
13.12 nothing in this agreement confers (or purports
to confer) on any person who is not a party
to this agreement any benefit conferred
by, or the right to enforce any term of, this
agreement. 13.12 Where this agreement
confers an immunity from, and/or an exclusion
or restriction of, the responsibility and/or
liability of Bonhams, it will also operate in
favour and for the benefit of Bonhams' holding
company and the subsidiaries of such holding
company and the successors and assigns
of Bonhams and of such companies and of
any officer, employee and agent of Bonhams
and such companies, each of whom will be
entitled to rely on the relevant immunity and/
or exclusion.
14. GOVERNING LAW
All transactions to which this agreement applies
and all connected matters will be governed by
and construed in accordance with the French
laws where the Sale takes (or is to take) place
and we and you each submit to the French court
save that we may bring proceedings against
you in any other court of competent jurisdiction
to the extent permitted by the laws of the
relevant jurisdiction.
ANNEXE 3
DEFINITIONS AND GLOSSARY
Where these Definitions and Glossary are incorporated,
the following words and phrases used have (unless the
context otherwise requires) the meanings given to them
below. The Glossary is to assist you to understand
words and phrases which have a specific legal meaning
with which you may not be familiar.
LIST OF DEFINITIONS
"Account" the bank account of Bonhams into which
all sums received in respect of the Purchase Price of any
Lot will be paid.
"Additional Premium" a premium, calculated in
accordance with the Notice to Bidders, to cover
Bonhams' Expenses relating to the payment of
royalties under the Artists Resale Right Regulations
which is payable by the Buyer to Bonhams on any Lot
marked [AR] which sells for a Hammer Price which
together with the Buyer's Premium (but excluding any
VAT) equals or exceeds 1000 euros (converted into the
currency of the Sale using the European Central Bank
Reference rate prevailing on the date of the Sale).
"Auctioneer" the representative of Bonhams
conducting the Sale.
"Bidder" a person who has completed a Bidding
Form. "Bidding Form" our Bidding Registration Form,
our Absentee Bidding Form or our Telephone Bidding
Form. "Bonhams" SAS Bonhams France or its
successors or assigns. Bonhams is also referred to
in the Buyer's Agreements, the Conditions of Business
and the Notices to Bidders by the words "we", "us"
and "our".
"Book" a printed Book offered for Sale at a specialist
Book Sale.
"Business" includes any trade, Business and
profession. "Buyer" the person to whom a Lot is
knocked down by the Auctioneer. The Buyer is also
referred to in the Contract for Sale and the Buyer's
Agreements by the words "you" and "your".
"Buyer's Agreement" the contract entered into by
Bonhams with the Buyer.
"Buyer's Premium" the sum calculated on the
Hammer Price at the rates stated in the Notice to
Bidders. "Catalogue" the Catalogue or e-catalogue
relating to the relevant Sale, including any representation
of the Catalogue published on our Website.
"Commission" the Commission payable by the Seller
to Bonhams calculated at the rates stated in the
Contract Form.
"Condition Report" a report on the physical
condition of a Lot provided to a Bidder or potential
Bidder by Bonhams on behalf of the Seller.
"Conditions of Sale" the Notice
to Bidders, Contract for Sale, Buyer's Agreement and
Definitions and Glossary.
"Consignment Fee" a fee payable to Bonhams by
the Seller calculated at rates set out in the Conditions
of Business.
"Consumer" a natural person who is acting for
the relevant purpose outside his trade, Business or
profession. "Contract Form" the Mandat de Vente,
or vehicle Entry form, as applicable, signed by or
on behalf of the Seller listing the Lots to be offered
for sale by Bonhams. "Contract for Sale" the Sale
contract entered into by the Seller with the Buyer.
"Contractual Description" the only Description
of the Lot (being that part of the Entry about the
Lot in the Catalogue which is in bold letters), and
any photograph (except for the colour) to which the
Seller undertakes in the Contract of Sale the Lot
corresponds.
ONLINE/NOTICETOBIDDERS/FRANCE_English/6/2024
"Description" any statement or representation in any
way descriptive of the Lot, including any statement or
representation relating to its authorship, attribution,
condition, provenance, authenticity, style, period, age,
suitability, quality, origin, value, estimated selling price
(including the Hammer Price).
"Entry" a written statement in the Catalogue identifying
the Lot and its Lot number which may contain a
Description and illustration(s) relating to the Lot.
"Estimate" a statement of our opinion of the range
within which the hammer is likely to fall.
"Expenses" charges and Expenses paid or
payable by Bonhams in respect of the Lot including
legal Expenses, banking charges and Expenses
incurredas a result of an electronic transfer of money,
charges and Expenses for loss and damage cover,
insurance, Catalogue and other reproductions
and illustrations, any customs duties, advertising,
packing or shipping costs, reproductions rights' fees,
taxes, levies, costs of testing, searches or enquiries,
preparation of the Lot for Sale, storage charges,
removal charges, removal charges or costs of
collection from the Seller as the Seller's agents or from
a defaulting Buyer, plus VAT if applicable.
"Forgery" an imitation intended by the maker or any
other person to deceive as to authorship, attribution,
origin, authenticity, style, date, age, period, provenance,
culture, source or composition, which at the date
of the Sale had a value materially less than it would
have had if the Lot had not been such an imitation,
and which is not stated to be such an imitation in any
description of the Lot. A Lot will not be a Forgery by
reason of any damage to, and/ or restoration and/ or
modification work (including repainting or over painting)
having been carried out on the Lot, where that
damage, restoration or modification work (as the case
may be) does not substantially affect the identity of the
Lot as one conforming to the description of the Lot.
"Guarantee" the obligation undertaken personally by
Bonhams to the Buyer in respect of any Forgery and,
in the case of specialist Stamp Sales and/or specialist
Book Sales, a Lot made up of a Stamp or Stamps or
a Book or Books as set out in the Buyer's Agreement.
"Hammer Price" the price in the currency in which the
Sale is conducted at which a Lot is knocked down by
the Auctioneer.
"Hybrid Sale" a Live Sale conducted by an
Auctioneer but in a closed auction room not open
to the public, except for pre-Sale viewing by
appointment with Bonhams.
''Live Sale'' a Sale conducted by an Auctioneer,
open to the public for both viewing and attendance
at the Sale. "Loss and Damage Warranty" means
the warranty described in paragraph 8.2 of the
Conditions of Business. "Loss and Damage Warranty
Fee" means the fee described in paragraph 8.2.3 of the
Conditions of Business. "Lot" any item consigned to
Bonhams with a view to its Sale at auction or by private
treaty (and reference to any Lot will include, unless the
context otherwise requires, reference to individual items
comprised in a group of two or more items offered for
Sale as one Lot).
"Motoring Catalogue Fee" a fee payable by the
Seller to Bonhams in consideration of the additional
work undertaken by Bonhams in respect of the
cataloguing of motor vehicles and in respect of the
promotion of Sales of motor vehicles. "Notional
Charges" the amount of Commission and VAT which
would have been payable if the Lot had been sold at
the Notional Price.
"Notional Fee" the sum on which the Consignment
Fee payable to Bonhams by the Seller is based and
which is calculated according to the formula set out in
the Conditions of Business.
"Notional Price" the latest in time of the average of
the high and low Estimates given by us to you or stated
in the Catalogue or, if no such Estimates have been given
or stated, the Reserve applicable to the Lot.
"Notice to Bidders" the notice printed at the back or
front of our Catalogues.
"Online Sale'' a Sale conducted online only with
no Auctioneer, with discretionary pre-Sale viewing by
appointment with Bonhams.
"Purchase Price" the aggregate of the Hammer
Price and VAT on the Hammer Price (where applicable),
the Buyer's Premium and VAT on the Buyer's Premium
and any Expenses.
"Reserve" the minimum price at which a Lot may be
sold (whether at auction or by private treaty).
"Sale" the auction Sale, whether by Live auction, a
Hybrid auction or in an Online Sale, at which a Lot is
to be offered for Sale by Bonhams.
"Sale Proceeds" the net amount due to the Seller
from the Sale of a Lot, being the Hammer Price less the
Commission, any VAT chargeable thereon, Expenses
and any other amount due to us in whatever capacity
and howsoever arising.
"Seller" the person who offers the Lot for Sale
named on the Contract Form. Where the person so
named identifies on the form another person as acting
as his agent, or where the person named on the
Contract Form acts as an agent for a principal (whether
such agency is disclosed to Bonhams or not), "Seller"
includes both the agent and the principal who shall
be jointly and severally liable as such. The Seller is also
referred to in the Conditions of Business by the words
"you" and "your".
"Specialist Examination" a visual examination of a
Lot by a specialist on the Lot.
"Stamp" means a postage Stamp offered for Sale at
a Specialist Stamp Sale.
"Standard Examination" a visual examination of a
Lot by a non-specialist member of Bonhams' staff.
"Storage Contract" means the contract described in
paragraph 8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer's Agreement (as appropriate).
"Storage Contractor" means the company identified
as such in the Catalogue.
"Terrorism" means any act or threatened act of
terror- ism, whether any person is acting alone or on
behalf of or in connection with any organisation(s) and/
or government(s), committed for political, religious
or ideological or similar purposes including, but not
limited to, the intention to influence any government
and/or put the public or any section of the public into
fear.
"VAT" value added tax at the prevailing rate at the date
of the Sale in the United Kingdom.
"Website" Bonhams Website at www.bonhams.
com. "Withdrawal Notice" the Seller's written notice
to Bonhams revoking Bonhams' instructions to sell
a Lot. "Without Reserve" where there is no minimum
price at which a Lot may be sold (whether at auction
or by private treaty).
GLOSSARY
The following expressions have specific legal meanings
with which you may not be familiar. The following
glossary is intended to give you an understanding of
those expressions but is not intended to limit their legal
meanings:
"artist's resale right": the right of the creator of a work
of art to receive a payment on Sales of that work
subsequent to the original Sale of that work by the
creator of it. Droit de Suite (Artist's Resale Right) will
be a percentage of the amount of the Hammer Price
calculated in accordance with the table below, and
shall not exceed €12,500 (article R122-6):
"bailee": a person to whom goods are entrusted.
"indemnity": an obligation to put the person who
has the benefit of the indemnity in the same position in
which he would have been, had the circumstances
giving rise to the indemnity not arisen and the
expression "indemnify" is construed accordingly.
"interpleader proceedings": proceedings in the Courts
to determine ownership or rights over a Lot.
"knocked down": when a Lot is sold to a Bidder,
indicated by the fall of the hammer at the Sale. "lien":
a right for the person who has possession of the Lot to
retain possession of it.
"risk": the possibility that a Lot may be lost, damaged,
destroyed, stolen, or deteriorate in condition or value.
"Taxe forfaitaire": Tax on precious metals, jewellery,
works of art, collectibles and antiques as per articles
150 VI to 150 VM of the CGI (Code General des Impots)
"title": the legal and equitable right to the ownership
of a Lot.
"tort": a legal wrong done to someone to whom the
wrong doer has a duty of care.
"warranty": a legal assurance or promise, upon which
the person to whom the warranty was given has the
right to rely.
