These general conditions of sale and everything pertaining to them are governed exclusively by French law.
Buyers and their representatives accept that any legal
action will be taken within the jurisdiction of French
courts (Paris). The various provisions contained in these
general conditions of sale are independent of each other.
If any one of them is declared invalid, there is no effect on
the validity of the others. The act of participating in this
auction implies acceptance of all the conditions set out
below by all buyers and their representatives. Payment is
due immediately at the end of the sale, payable in euros.
A currency conversion system may be provided during the
sale. The corresponding foreign currency value bids made
in the hall in euros is given for indication purposes only.
DEFINITIONS AND GUARANTEES
Descriptions appearing in the catalogue are provided by
Millon & Associés and the Sale Experts and are subject
to corrections, notifications and declarations made at
the moment the lot is presented and noted in the record
of the sale. Dimensions, colours in reproductions and
information on the condition of an object are given
for information purposes only. All information relating
to incidents, accidents, restoration and conservation
measures relating to a lot is given, to facilitate inspection
by the potential buyer and remains completely open to
interpretation by the latter. This means that all lots are
sold as seen at the moment the hammer falls, with any
possible faults and imperfections. No claims will be accepted after the hammer has fallen, a pre-sale showing
having provided potential buyers with an opportunity to
examine the works presented. For lots appearing in the
sale catalogue, whose estimated low price is over 32,000,
a condition report on their state of preservation will be
issued free of charge upon request. The information
contained therein is given purely as an indication and
Millon & Associés and the Sale Experts can in no way be
held liable for it. In the event of a dispute at the moment
of sale, i.e. it is established that two or more buyers have
simultaneously made an identical bid, either aloud or by
signal and both claim the lot at the same time when the
hammer falls, the lot will be re-submitted for auction at
the price offered by the bidders and everyone present
will be permitted to bid once again. Lots marked with
° contain specimens of ivory of Elephantidae, the specimens are dated prior to June 1st, 1947 and therefore
comply with the December 9th, 1996 rule in its art 2/W
mc. For all exportation from the EU, a mandatory CITES
form will be required. It is the responsibility of the future
buyer to obtain this form. Lots preceded by a J will be
the subject of a separate judicial legal record with the
buyer's premium at 12%, or 14.14% including VAT (current
rate of VAT 20%).
TELEPHONE BIDDING
The acceptance of telephone bids is a free of charge
service provided by Millon & Associés. In this regard, our
company accepts no liability for a break in the telephone
connection, a failure to connect or a delayed connection.
Although Millon & Associés is happy to accept requests for
telephone bidding up until the end of the pre-sale show,
it cannot be held liable for errors or omissions relating to
telephone bidding orders.
EXPENSES FOR WHICH THE BUYER IS RESPONSIBLE
The buyer will pay MILLON, in addition to the sale price or hammer price,
a commission (buyer's premium) of:
- 27,5 % excl.VAT, or 33 % incl.VAT up to 2500 €
25 % excl.VAT, or 30 % incl.VAT from 1501 to 500.000 €
20,83 % excl.VAT, or 25 % incl.VAT from 500.001 to 1.500.000 €
16,67 % excl.VAT beyond
Current VAT rate: 20%
Total price = sale price (hammer price) + sale's commission
In addition :
- for lots acquired via the Invaluable.com platform, the sale costs payable by the buyer are increased by 3% (excl. VAT) of the hammer price (see Invaluable.com platform's General Terms and Conditions).
COLLECTION AND REMOVAL OF PURCHASES, INSURANCE, STORAGE AND TRANSPORT MILLON will only
release lots sold to the buyer after the complete sett- lement of their bill (payment of the invoice include all
additional fees listed in full). It is the buyer's responsibility
to insure lots immediately upon purchase, since, from
that moment onwards, he/she alone is responsible for
any and all loss, theft, damage and any other risks.
MILLON declines any liability for damage that may incur
or for the failure of the buyer to cover any damage risks.
Buyers are advised to collect their lots quickly and with
a minimum of delay. COST OF
DELAYED WITHDRAWAL OF PURCHASES
- Right of delivery for auctions in the Hotel Drouot: 4.5 €
HT per lot (or € 5.40 TTC) - Right of delivery for auctions
in other locations (excluding the Hotel Drouot): 2.50 €
HT per lot (or 3€ TTC) These fees will not be charged if
payment and withdrawal are made before 7pm CET on
the day of the sale.
STORAGE COSTS FOR DROUOT'S WAREHOUSE
Storage fees for Drouot's warehouse: Storage fees will be
charged from the day following the sale. This service is
subject to the following conditions: - Fee including VAT
per dossier: 5 € - Storage and insurance costs including
VAT: - 1 € / day, the first 4 working days - 1 € / 5 € / 10 € / 20
€ / day, from the 5th working day, according to the nature
of the lot Storage does not entail the responsibility of the
auctioneer or the expert for any reason whatsoever. From
the moment of the auction, the object will be under full
responsibility the successful buyer and MILLON declines
all liability for damage that the object could suffer, and
this from the moment the adjudication is pronounced.
FOR ALL INQUIRIES
Drouot Magasinage 01 48 00 20 18 magasinage@drouot.
com
STORAGE COSTS FOR MILLON'S WAREHOUSE (excluding
Drouot)
MILLON will provide free storage for 60 days. After this
deadline, the costs of storage and the transfer from our
premises to the ARSITTING warehouse, located at 116 bd
Louis Armand - 93330 Neuilly sur Marne, will be charged
at the time of the withdrawal of the lots at the following
rates: -10 € HT per lot and per week for storage superior
to 1M3 -7 € HT per lot and per week for storage less than
1M3 -5 € HT per lot and per week for storage of objects
that "fit in the palm of your hand" -A personalized rate
for long-term storage can be negotiated with a member
of ARSITTING or MILLON
FOR ALL INFORMATION
ARSITTING 116, boulevard Louis Armand, 93330 Neuilly-sur-Seine
[email protected] No shipping or
removal of the lot will be possible without the complete
settlement of the total costs of storage, handling and
transfers. These fees do not apply to the lots deposited at
the Hotel Drouot's warehouse, the cost of which depends
on the Hôtel Drouot itself.
TEMPORARY IMPORT
Purchasers of lots marked with * must pay any duties and
taxes in respect of a temporary importation in addition to
sale expenses and VAT (5,5 % of the hammer price) 20%
for jewelry and watches, motorcars, wines and spirits
and multiples).
EXPORT FROM FRANCE
The export of a lot from France may require a licence.
Obtaining the relevant document is the sole responsibility of the successful bidder. A delay or refusal by the
authorities to issue an export licence is not a justification
for cancellation of the sale, delayed payment or voiding
of the transaction. If our company is requested by the
buyer or his/her representative to make arrangements
for export, all costs incurred will be for the account of
the party making such a request. Such arrangements
should be considered purely as a service offered by Millon
& Associés.
EXPORT FOLLOWING THE SALE
The VAT paid as part of the sale expenses or the amount
paid in connection with the temporary import of the lot,
may be refunded to the buyer within the legally stipulated
period upon presentation of documents proving that the
lot purchased has been exported.
PREEMPTION BY THE FRENCH STATE
In certain circumstances defined in law, the French
State has a right of pre- emption on works sold at public
auction. In such a case, the French State substitutes for
the highest bidder, on condition that the pre-emption
order issued by the State's representative in the sale
room is confirmed within fifteen days of the date of the
sale. Millon & Associés cannot be held responsible for
pre-emption orders issued by the French State.
BIDDERS' LIABILITY
By making a bid on a lot by any method of communication
offered by Millon & Associés, bidders assume personal
responsibility for paying the sale price plus the sales
commission and any duties and taxes payable. Bidders
are deemed to act in their own name and on their own
behalf, unless otherwise agreed in writing prior to the sale
with Millon & Associés. In the event of a dispute involving
a third party, Millon & Associés may hold the bidder alone
responsible for the bid in question and for payment.
FAILURE TO MAKE PAYMENT
In accordance with article 14 of law no. 2000- 6421 of
10 July 2000, upon failure of the buyer to make payment
and there being no response to formal notice, the article
is re-submitted for sale at the request of the seller and
by reason of false bidding by the defaulting buyer; if the
seller does not make such a request within one month
from the date of the sale, the sale is automatically
void, without prejudice to any damages payable by the
defaulting buyer.
MILLON & ASSOCIÉS RESERVES A RIGHT OF CLAIM
AGAINST DEFAULTING BUYERS
- for interest at the legal rate - for the refund of additional
costs arising from the default with a minimum of 250
euros. - for payment of the sale price or: - the difference
between that price and the sale price in the event of a
new sale, if the new price is lower, plus the costs incurred
for the new auction. - the difference between that price
and the false bid price, if it is lower, plus the costs incurred
for the new auction. Millon & Associés also reserves the
right to demand compensation for all sums due by the
defaulting buyer or to bank security deposit cheques if,
in the two months following the sale, invoices are still
not settled.
COLLECTION OF PURCHASES, INSURANCE, WAREHOUSING AND TRANSPORT
Millon & Associés will only hand over lots sold to the buyer
after cleared payment of the total price. It is the buyer's
responsibility to insure lots immediately upon purchase,
since, from that moment onwards, he/she alone is responsible for loss, theft, damage and other risks. Millon &
Associés declines any liability for damage themselves or
for the failure of the buyer to cover damage risks. Buyers
are advised to collect their lots with a minimum of delay.
SHIPPING OF THE PURCHASES
We inform our clientele that MILLON & ASSOCIES does not
handle the shipping of goods other than those of a small
size (the examples hereafter are given for information
purposes only): jewels, watches, books, earthenware
objects, glassware and sculptures. Furthermore, MILLON
& ASSOCIES retains the right to consider that the fragility
and/or the value of a lot necessitate the intervention of
an exterior provider. The lot's size will be determined by
MILLION & ASSOCIES on a case by case basis (the examples above are given for information purposes only).
At all events, the shipping of a good is at the exclusive
financial charge of the buyer and will be carried out after
reception of a letter which discharges Millon & Associés of
all responsibility in the becoming of the shipped object.
INTELLECTUAL PROPERTY
The sale of a lot does not imply the transfer of reproduction or representation rights, where the lot constitutes
the physical medium.
PAYMENT IN FULL
Millon & Associés states that cash payment is required for
sales at public auction and that buyers must immediately
pay the total purchase price, irrespective of any intention
to export the lot from France (see «Export from France").
Payment may be made as follows: - in cash up to 1.000
euros (French residents) - by cheque or postal order upon
the presentation of current proof of identity, - by Visa or
Master Card - by bank transfer in euros to the following
account:
BANK DETAILS:
NEUFLIZE OBC
3, avenue Hoche - 75008 Paris
IBAN FR76 3078 8009 0002 0609 7000 469
BIC NSMBFRPPXXX
