GENERAL CONDITIONS OF PURCHASE
GENERAL CONDITIONS OF PURCHASE
Sarl Boisseau-Pomez, a limited liability company registered with the Troyes Trade and Companies Register under Siren number 441096229, with its registered office at 1 rue de la Paix - 10000 Troyes, is an operator of voluntary public auctions of movable property governed by Articles L. 321-4 et seq. of the French Commercial Code. The relationship between BOISSEAU-POMEZ and the bidder is governed by these General Conditions of Purchase (hereinafter the "GCP").
GENERAL PROVISIONS
In accordance with Articles L. 321-1 et seq. of the French Commercial Code, BOISSEAU-POMEZ acts solely as an intermediary in the sale and is not a party to the contract of sale between the seller and the successful bidder.
The descriptions and photographs of the lots presented in catalogues or online materials are prepared with care by BOISSEAU-POMEZ but are provided for indicative purposes only and cannot constitute a guarantee as to the actual condition of the lots. Lots may present defects that are not expressly mentioned in the description, in the condition or conservation report, or visible in the photographs. Lots sold at public auction do not benefit from the statutory legal guarantee of conformity pursuant to Article L. 217-3 of the French Consumer Code.
It is therefore the responsibility of buyers:
to examine personally, or through an appointed representative, the lots during the pre-sale exhibitions or by appointment;
to request additional information prior to the sale, it being specified that any condition or conservation reports do not constitute a guarantee as to the condition of the lots, their dimensions, or their weight.
The successful bidder becomes the owner of the lot at the time of adjudication (fall of the hammer). The successful bidder is solely responsible for choosing the method of transport, including packaging of the lots, and for the preservation of the lots following adjudication. BOISSEAU-POMEZ cannot be considered a carrier or a storage facility and is not responsible for packaging the lots. These operations are the sole responsibility of the successful bidder or the carrier appointed by them.
PAYMENT OBLIGATION - FEES
The adjudication obliges the successful bidder to make immediate payment of the hammer price plus the fees and taxes relating to the sale.
Subject to the provisions of the GCP, the following fees apply cumulatively and are calculated on the hammer price:
• Sale fees depending on the nature and location of the sale:
Voluntary sales held at the Troyes auction house: 20% excl. VAT
Voluntary sales held at the SAINT-PARRES-LÈS-VAUDES auction house: 15% excl. VAT
The taxable base and applicable VAT rate depend on the criteria specified in Article 3 "VAT" of these GCP.
Judicial sales: 11.90% excl. VAT, i.e. 14.28% incl. VAT
• Fees for the use of third-party platforms:
Interenchères:
3% excl. VAT (i.e. 3.6% incl. VAT) for voluntary sales
1% excl. VAT (i.e. 1.3% incl. VAT) for judicial sales
Drouot.com:
1.5% excl. VAT (i.e. 1.8% incl. VAT)
• Storage and/or warehousing fees
Storage and/or warehousing fees charged by third-party companies shall apply as from the 21st day following the sale.
PREAMBLE - ACCEPTANCE, ENFORCEABILITY AND MODIFICATION OF THE GCP
The GCP apply without restriction or reservation to the relationship between BOISSEAU-POMEZ and any bidder.
The GCP are communicated prior to the sale on the Boisseau-Pomez website. By placing a bid, regardless of the method used, the bidder declares that they have read and unreservedly accept the GCP.
The GCP applicable to the relationship between the parties are those in force at the time of the relevant sale, taking into account any written or oral amendments issued before or during the sale and recorded in the sale minutes.
PART 1 - BEFORE THE SALE
1. Information relating to the lots
The information notices contained in the catalogue are prepared, to the best of knowledge as of the date of the sale and with all required due diligence, by BOISSEAU-POMEZ and, where applicable, the assisting expert, subject to notifications, declarations, or corrections announced verbally at the time of the lot presentation and recorded in the sale minutes.
1.1 Condition of the lots and condition/conservation reports
Lots are sold in the condition in which they are found at the time of the sale. It is therefore the responsibility of prospective bidders to examine each lot prior to the sale, particularly during exhibitions.
Only the existence of repairs, restorations, significant losses, and additions affecting the lot is intended to be indicated. However, the absence of any mention in the catalogue does not imply that the lot is in perfect condition or free from damage, accidents, incidents, or restoration.
The dimensions and weights of the lots are given for indicative purposes only and may vary by approximately 10%.
Similarly, the mention of defects does not imply the absence of other defects.
Condition or conservation reports may be provided free of charge upon request, for convenience, for any lot valued above five hundred (500) euros. Such reports do not constitute a guarantee as to the condition of the lots, their dimensions, or their weight.
For online sales, only a general statement regarding the condition of the lots is provided.
1.2 Works of art and collectors' items
BOISSEAU-POMEZ reminds buyers that the use of the term "attributed to" followed by an artist's name guarantees that the work or object was executed during the production period of the named artist and that serious presumptions identify that artist as the likely author.
"Circle of" means that the work or object was created by a contemporary artist who was strongly influenced by the named master.
The use of the term "studio of" followed by an artist's name guarantees that the work was executed in the workshop of the named master but produced by pupils under his direction.
The expressions "in the taste of," "style of," "manner of," "genre of," "after," or "in the manner of" do not confer any particular guarantee as to the identity of the artist, the date of the work, or the school.
Second-hand goods do not benefit from the statutory legal guarantee of conformity provided for under Article L. 217-2 of the French Consumer Code.
1.3 Provenance
BOISSEAU-POMEZ reminds buyers that information relating to the provenance of a lot is provided based on indications supplied by the seller and cannot give rise to liability on the part of Boisseau-Pomez.
If the seller has requested confidentiality or if the identity of previous owners is unknown due to the age of the lot, no provenance information will be included in the lot description in the catalogue.
1.4 Amendments to Information
The information contained in the catalogue may be amended or corrected up until the time of the sale. Such changes are brought to the attention of the public by means of a notice displayed in the saleroom during the exhibition, where such method is proportionate to the amendment or correction, and by an announcement made by the authorized auctioneer at the time of the sale. These amendments are recorded in the sale minutes.
1.5 Lots Marked with a °
Lots marked with a ° are sold by BOISSEAU-POMEZ, or by a member of Boisseau-Pomez, by the sale expert appointed by BOISSEAU-POMEZ, or by any partner of BOISSEAU-POMEZ in connection with the relevant sale.
1.6 Illustration of the Lots
The photographs of the lots offered for sale appearing in the catalogue, on the Boisseau-Pomez website, and on the platforms of BOISSEAU-POMEZ's intermediary operators constitute part of the lot description, including visible defects shown in the photographs.
However, the photographs are provided for indicative purposes only with regard to the colors of the works or objects reproduced in the catalogue, which may differ from their actual colors or may reflect differences resulting, without limitation, from technical adjustments, photographic quality, or the reproduction medium.
1.7 Watches and Horological Items
Horological items and watches may contain non-original parts. Restorations, technical characteristics, serial numbers, dimensions, and weights are provided for indicative purposes only.
BOISSEAU-POMEZ provides no guarantee that a watch or horological item is in working order. It is the responsibility of each bidder to conduct their own analysis regarding functionality, any restoration, and/or water resistance.
All costs relating to restoration, servicing, adjustments, and water resistance are borne exclusively by the successful bidder.
1.8 Stones and Jewelry
The indication of a date between "[ ]" corresponds to the date of creation of the model and not to the date of manufacture of the jewelry piece.
Stones and jewelry offered for sale may have undergone treatments intended solely to enhance their appearance (including, but not limited to: oiling of emeralds, heat treatment of rubies and sapphires, whitening of pearls, etc.), without affecting their quality.
Stones offered without a laboratory certificate are sold without any guarantee as to possible treatments.
Where a stone or piece of jewelry is indicated as being accompanied by a certificate, bidders are invited to request a copy of this document from BOISSEAU-POMEZ. Such certificate shall prevail over any contradictory document.
It is specified that the origin of the stones and their quality (including, but not limited to, color and clarity) reflect the opinion of the laboratory issuing the certificate. Any differing opinion issued by another laboratory shall not result in the nullity of the sale and shall not engage the liability of BOISSEAU-POMEZ or the sale expert.
2. Lot Estimates
BOISSEAU-POMEZ reminds bidders that estimates are based on the condition, rarity, quality, and provenance of the lots, as well as on prices recently achieved at auction for comparable property.
Estimates may change. They are provided for indicative purposes only and cannot be considered as implying any certainty that the lot will be sold at the estimated price or within the estimated range.
Estimates do not constitute any guarantee. They do not include the buyer's premium or any applicable taxes or fees.
3. Withdrawal of Any Lot
BOISSEAU-POMEZ may freely withdraw a lot at any time before the sale or during the auction. Such withdrawal shall in no event give rise to liability on the part of BOISSEAU-POMEZ toward any bidder.
4. Public Exhibition Prior to the Sale
BOISSEAU-POMEZ may organize public exhibitions prior to the sale, the details of which are specified in the catalogue or in any materials relating to the relevant sale.
For online sales, lots may be viewed by appointment, and the presentation of lots in the online catalogue constitutes advertisement.
All bidders are invited to examine the lots prior to the sale. During exhibitions, lots are displayed under conditions designed to ensure their protection against potential damage.
Any handling by a bidder not supervised by BOISSEAU-POMEZ is undertaken at the bidder's own risk.
PART 2 - THE SALE
1. Registration and Access to the Sale
For the proper organization of the sale and prior to it, bidders are invited to register with Boisseau-Pomez by providing proof of identity and bank references.
BOISSEAU-POMEZ reserves the right to request a deposit, which shall be released within seventy-two (72) hours after the sale if the lot is not awarded to the bidder.
BOISSEAU-POMEZ reserves the right to deny access to the sale to any bidder for legitimate reasons, including, without limitation, registration of the bidder in the Temis database or the Central Register for the Prevention of Unpaid Auction Debts, refusal to pay the requested deposit, refusal to provide identification documents or bank references requested by BOISSEAU-POMEZ, or previous incidents involving the bidder.
A bidder is deemed to register and bid for their own account.
If bidding on behalf of a third party, the bidder must inform BOISSEAU-POMEZ that they are duly authorized and must provide identification documents and bank references for the principal, as well as proof of authority to act on their behalf.
Any false declaration shall engage the bidder's liability.
If the bidder acts as an agent for an undisclosed principal, they expressly agree to remain personally liable for payment of the purchase price and any other sums due.
As BOISSEAU-POMEZ is subject to anti-money laundering and counter-terrorism financing regulations, it reserves the right to request any bidder to provide proof of identity by means of supporting documentation, in accordance with the French Monetary and Financial Code.
Failure to provide such documentation or inability to verify it shall prevent the bidder from registering for the sale.
2. Bidding Methods
2.1 In-room Bidding
BOISSEAU-POMEZ reminds bidders that the usual method of bidding is to attend the sale in person, unless the sale is conducted entirely online.
BOISSEAU-POMEZ cannot be held liable for any other method of bidding, particularly in the event of technical errors, omissions, connection difficulties, or communication failures.
2.2 Absentee Bids and Telephone Bidding
BOISSEAU-POMEZ offers, free of charge:
(i) the execution of absentee bids, and
(ii) telephone bidding,
in accordance with the bidder's instructions.
The bidder must submit their request by email to contact@boisseau-pomez.com
, together with:
(i) identification documents (official ID for individuals; Kbis extract for legal entities and official ID of the legal representative), and
(ii) postal, email, and telephone contact details,
no later than twenty-four (24) hours before the sale.
BOISSEAU-POMEZ may make acceptance of an absentee bid or telephone bidding request subject to the provision of additional information at its discretion.
Any absentee bid or telephone bidding request must receive confirmation from BOISSEAU-POMEZ in order to be executed.
BOISSEAU-POMEZ reserves the right not to accept an absentee bid, particularly, without limitation, where the bidder does not provide sufficient guarantees.
Execution of an absentee bid or telephone bid is subject to payment of a deposit equal to 30% of the low estimate of the lot concerned, requiring the provision of bank details.
This deposit shall be retained by BOISSEAU-POMEZ as compensation in the event of non-payment of the lot, and the lot may be re-offered in a resale pursuant to Article 4 of Part 4 of these conditions.
BOISSEAU-POMEZ does not accept telephone bids for lots with a low estimate of €150 or less.
Any bidder bidding by telephone undertakes to place a bid at least equal to the low estimate.
Unlimited bids or "buy at any price" instructions are not accepted; the bidder must specify a maximum amount.
In the case of identical absentee bids, priority is given to the first received.
In the case of bids of the same amount placed in the room, electronically, or via absentee or telephone bids, priority is given to the in-room bid.
BOISSEAU-POMEZ declines all liability in the event of errors, omissions, failure to establish telephone contact, or unanswered calls.
BOISSEAU-POMEZ may record communications and retain them until settlement of any purchases.
2.3 Online Bidding via Third-Party Platforms
BOISSEAU-POMEZ may offer online bidding through the websites of intermediary platform operators relaying the sale. These websites constitute technical platforms enabling remote electronic participation in public auctions held in auction rooms.
Any user wishing to participate in an online auction via these websites must read and unreservedly accept the terms and conditions of use of these platforms, which are independent of and in addition to the present General Conditions of Purchase, and which may include additional fees related to their use.
Furthermore, the information provided by the bidder to the third-party platform is transmitted to Boisseau-Pomez, which reserves the right to request additional documents or information from the bidder.
2.4 Online Sales
BOISSEAU-POMEZ organizes online sales through intermediary platform operators. Any user wishing to participate in an online auction via these websites must read and unreservedly accept the terms and conditions of use of these platforms, which are independent of and in addition to these General Conditions of Purchase, and in particular verify the application of any fees for the use of such third-party websites.
PART 3 - CONDUCT OF THE SALE
1. Discretionary Authority of the Auctioneer and Conduct of the Sale
The authorized auctioneer organizes and conducts the bidding at their sole discretion. The sale follows the catalogue numbering order, and bidding increments are determined at the auctioneer's discretion, who may refuse bids deemed insufficient in light of the applicable increments.
The auctioneer ensures compliance with the freedom of bidding and equality among bidders. The auctioneer has the discretionary authority to refuse any bid, withdraw any lot from sale, and designate the successful bidder, meaning the highest and last bidder, once the word "sold" has been pronounced. In-room bids take precedence over any other bids.
The auctioneer also has the discretionary authority to move, combine, divide, or withdraw lots from sale. Under no circumstances shall BOISSEAU-POMEZ be held liable in the event of withdrawal of any lot during the sale, including toward bidders who have submitted absentee bids or telephone bidding requests.
In the event of a dispute at the time of adjudication--namely if it is established that two or more bidders have simultaneously made an identical bid, whether verbally or by signal, and claim the lot immediately after the word "sold" is pronounced--the lot shall immediately be re-offered for sale at the last price proposed by the bidders, and all persons present shall be entitled to bid again.
2. Conduct of the Sale
The sale is conducted strictly for immediate payment and in euros. BOISSEAU-POMEZ may, however, provide currency conversions for indicative purposes only. In the event of a currency conversion error, BOISSEAU-POMEZ shall not be liable, as only the price in euros shall be binding.
Access to the lots during the sale is strictly prohibited.
3. Reserve Price
The reserve price is the confidential minimum price below which the lot will not be sold. The reserve price may not exceed the low estimate stated in the catalogue or publicly modified prior to the sale.
The auctioneer is free to commence bidding below the reserve price and to place bids on behalf of the seller. However, the seller may not bid directly or through another agent on their own lot.
4. Right of Pre-emption
Articles L. 123-1 and L. 123-2 of the French Heritage Code authorize, in certain cases, the French State or the Bibliothèque nationale de France (BNF) to exercise a right of pre-emption, meaning the right to substitute themselves for the successful bidder in respect of works of art offered for public sale or in private sales following an unsuccessful public auction.
The State representative present at the auction declares the pre-emption immediately after the fall of the hammer. The decision must then be confirmed within fifteen (15) days.
Furthermore, pursuant to Article R. 123-7 of the French Heritage Code, the right of pre-emption may be exercised electronically. In such case, confirmation must occur within four (4) hours from receipt of the sale result by the State representative.
Under no circumstances shall BOISSEAU-POMEZ be liable for administrative decisions relating to pre-emption.
5. Aftersale
Lots not sold at the public auction may be sold privately (aftersale). The present GCP shall fully apply to such sales, and a sale invoice including the applicable fees shall be issued.
PART 4 - PERFORMANCE OF THE SALE
If the successful bidder has not registered prior to the sale, they must provide the necessary information immediately upon adjudication.
The sale results, including hammer prices, are public. BOISSEAU-POMEZ shall not be liable for communication of such results on commercial platforms or other media.
1. Payment Obligation
Adjudication transfers ownership and obliges the successful bidder to pay the full hammer price, together with all fees and taxes specified below.
Payment must be made in full immediately after the sale in accordance with Article 3 of this Part and may not be deferred, even if the successful bidder intends to export the lot and is awaiting an export license.
No payment deadlines are granted by Boisseau-Pomez. No lot shall be released until full payment has been received.
2. Buyer's Premium
In addition to the hammer price, the successful bidder must pay the following buyer's premiums:
Voluntary sales at the Troyes auction house (furniture, works of art, collectibles, antiques, and general goods): 20% excl. VAT, except for books, for which the premium is 22.75% excl. VAT;
Voluntary sales at the Saint-Parres-lès-Vaudes auction house (professional goods, equipment, vehicles): 15% excl. VAT;
The taxable base and applicable VAT rate depend on the criteria specified in Article 3 "VAT" of these GCP.
Judicial sales: 11.90% excl. VAT (14.28% incl. VAT).
Vehicle sales are subject to an additional administrative fee of €92 incl. VAT per vehicle.
Additional platform fees payable by the successful bidder:
Interenchères.com:
3% excl. VAT (3.6% incl. VAT) for voluntary sales;
1% excl. VAT (1.2% incl. VAT) for judicial sales;
For vehicle sales: fixed fee of €40 excl. VAT (€48 incl. VAT).
Drouot.com:
1.5% excl. VAT (1.8% incl. VAT).
As BOISSEAU-POMEZ operates under the VAT margin scheme pursuant to Article 297A of the French Tax Code, no VAT breakdown document can be issued.
Lots marked with "*" (originating outside the EU) are subject to additional fees of 5.5% of the hammer price, refundable upon presentation of export customs documents within three months.
Lots marked with "**" are subject to additional fees of 20% of the hammer price.
3. VAT
In principle, sales are conducted under the VAT margin scheme (Article 297A CGI), meaning no VAT breakdown document may be issued.
The standard VAT rate is 20%, except for books, which are subject to 5.5%.
By exception, depending on the nature and origin of the lot or the status of the seller, BOISSEAU-POMEZ may apply VAT at 5.5% on the total adjudication amount (hammer price + buyer's premium) for lots marked with "+".
EU VAT-registered buyers providing proof of intra-EU delivery may obtain a conditional refund of VAT on commissions and, where applicable, goods.
Non-EU residents may also obtain refunds subject to legal conditions and deadlines.
Failure to obtain VAT reimbursement or expiry of the applicable deadline shall not engage the liability of BOISSEAU-POMEZ.
4. Payment Methods
Payment may be made:
In cash:
Up to €1,000 incl. fees/taxes for French individuals and traders;
Up to €15,000 incl. fees/taxes for non-French private individuals upon presentation of foreign ID;
By Visa or Mastercard at BOISSEAU-POMEZ offices;
By bank transfer (transfer fees borne by the buyer):
IBAN: FR76 3000 4008 7500 0101 4594 125
BIC: BNPAFRPPXXX
Online via:
https://www.ivoire-troyes.com/fr/180-paiement/
By French bank cheque with two IDs (foreign cheques not accepted);
For Interenchères sales:
If total ? €30: automatic debit;
If total > €30: secure payment link sent to the buyer.
Lots are released only upon receipt and clearance of full payment.
Payment must be made in the name of the successful bidder only. No third-party payments or post-sale identity changes are allowed. No installment payments are accepted.
For absentee/telephone bids, the 30% deposit is retained and credited toward the amount due.
5. Non-Payment
Pursuant to Article L. 321-14 of the French Commercial Code, in the event of non-payment and after formal notice by registered letter, the lot may be re-offered at the seller's request. The defaulting bidder must pay:
The buyer's premium;
The difference between the initial and subsequent hammer price (if lower).
Any deposit shall be retained as compensation.
If the seller does not request resale within three months, BOISSEAU-POMEZ may:
Declare the sale automatically rescinded and charge fees; or
Pursue forced execution and payment, adding €40 recovery fees per lot.
The defaulting bidder may not invoke termination to avoid obligations. Any deposit shall be retained as compensation.
BOISSEAU-POMEZ reserves the right to exclude from future sales any successful bidder, or any representative of a successful bidder, who has defaulted or who has failed to comply with these General Conditions of Purchase.
BOISSEAU-POMEZ reserves the right to add the defaulting successful bidder or their representative to the Drouot SI blacklist of bad payers, thereby prohibiting them from using the services of the Drouot.com platform. Furthermore, BOISSEAU-POMEZ is a member of the Temis Service, which enables consultation of and contribution to the database of restrictions on access to auctions on the Interenchères platform. BOISSEAU-POMEZ reserves the right to register the defaulting successful bidder or their representative in the Temis database, which may result in limiting the defaulting successful bidder's ability to bid with member voluntary sales operators and prohibiting them from using the Interencheres platform. Finally, BOISSEAU-POMEZ reports payment incidents to the Central Register for the Prevention of Unpaid Auction Debts administered by SYMEV.
BOISSEAU-POMEZ also reserves the right to set off any amounts owed against sums that may be owed to the defaulting successful bidder.
6. Release of Lots
No lot may be released to the successful bidder until full payment of the price, fees, and taxes has been made. Subject to presentation of a release authorization issued by BOISSEAU-POMEZ's accounting department certifying full payment of the price and ancillary charges, lots may be released during or immediately after the auction session in the auction room. Lots must be collected within twenty-one (21) days following the sale and after full settlement.
The successful bidder is invited to make an appointment to collect their lot at BOISSEAU-POMEZ's premises located at 1, rue de la Paix - 10000 Troyes, during opening hours. Appointment requests must be made at least 24 hours in advance by email to contact@boisseau-pomez.com
or by phone at +33 3 25 73 34 07. The successful bidder is responsible for packaging the lot(s). Any packaging carried out by BOISSEAU-POMEZ at the express request of the successful bidder is a free and exceptional service, and BOISSEAU-POMEZ shall not be liable in respect of such packaging.
Lots not collected at the end of the relevant auction session are stored either at BOISSEAU-POMEZ's offices or at another location not managed by BOISSEAU-POMEZ, at BOISSEAU-POMEZ's discretion. If the lot(s) are not collected within twenty-one (21) days following the sale, the lot(s) will be stored with a third-party company, Auboise de Déménagement, located at 8, rue Marc Verdier - 10150 Pont-Sainte-Marie. The successful bidder alone is liable for storage fees relating to the storage of the lot(s), which will be invoiced by Auboise de Déménagement or any other storage company. If the successful bidder does not respond for one (1) year from the date the lot is made available, the lot shall be deemed abandoned, in accordance with the Law of 31 December 1903 as amended by Ordinance No. 2019-964 of 18 September 2019, which may result in the judicial sale of the lot.
For any lot sold--whether paid or unpaid--remaining stored in a location other than a place directly managed by BOISSEAU-POMEZ, chosen at BOISSEAU-POMEZ's discretion, the successful bidder shall bear the storage costs and any late penalties arising from the specific conditions applicable, and may not hold BOISSEAU-POMEZ responsible.
7. Transport of Lots - Transfer of Ownership and Risk
Transfer of ownership and transfer of risk occur upon the auctioneer's pronouncement of the word "sold" ("adjugé"), such that the successful bidder is responsible for insuring their purchases. BOISSEAU-POMEZ declines all liability for any damage the lot may sustain as from adjudication. BOISSEAU-POMEZ cannot assume any liability in the absence of the bidder taking appropriate measures to this effect.
BOISSEAU-POMEZ does not provide any packaging or shipping. All packaging and transport formalities remain the exclusive responsibility of the successful bidder, whatever their status, who must contact a transport company of their choice. The successful bidder must request an appointment at least 24 hours in advance so that BOISSEAU-POMEZ can make the lot(s) available to the carrier. As transport companies are not agents of Boisseau-Pomez, BOISSEAU-POMEZ cannot be liable for their acts or omissions. Any successful bidder choosing to ship their purchases through a transport company agrees to that provider's general terms and waives the possibility of holding BOISSEAU-POMEZ liable for any loss incurred in connection with such services. The following carriers are provided for information purposes only:
MAIL BOXES: mbe2580@mbefrance.fr
- +33 3 10 94 02 28
THE PACKENGERS: hello@thepackengers.com
- +33 1 76 44 00 99
TROYES DÉMÉNAGEMENT ET ARCHIVAGE - CAILLE DEMECO: sebastienduveau@caille-sa.fr
- +33 3 25 73 69 19
HERMÈS LOGISTIQUE: devis@encheres-expedition.fr
- +33 6 65 20 10 55
SARL TRANSPORTS BERNARD: michel.bernard34@wanadoo.fr
- +33 6 75 20 56 63
By way of exception and at its discretion, BOISSEAU-POMEZ may arrange transport for non-bulky lots from its premises in Troyes to the office located at 3, cité Rougemont - 75009 Paris. This transport is carried out by shuttle approximately every twenty days, the exact date being at BOISSEAU-POMEZ's discretion, and is billed to the successful bidder at forty (40) euros; such amount may vary depending on the volume and value of the lot(s). Collection is to be made during the opening hours of the Groupe Rougemont office, located at 3, cité Rougemont - 75009 Paris:
Monday to Thursday: 10:30 a.m. - 1:00 p.m. / 2:00 p.m. - 5:00 p.m.
Friday: 10:30 a.m. - 1:00 p.m. / 2:00 p.m. - 4:00 p.m.
Any request must be sent to BOISSEAU-POMEZ by email at contact@boisseau-pomez.com
or to Groupe Rougemont by email at groupe.rougemont@orange.fr
.
Subject to the above, risk passes at the time of adjudication where the successful bidder is a professional, such that BOISSEAU-POMEZ's liability cannot be recognized in the event of loss or damage to the lot(s). Risk passes to a consumer or non-professional successful bidder when they or a third party designated by them (including, without limitation, a carrier) takes physical possession of the lots. Transport must be carried out at the successful bidder's expense and under their sole responsibility.
8. Possible Right of Withdrawal for Consumer Buyers Purchasing a Lot Belonging to a Professional Seller in Fully Dematerialized Sales
The consumer successful bidder is informed that they have a right of withdrawal when (i) the seller is a professional--meaning any natural or legal person, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity--and (ii) the sale is fully dematerialized, in that it takes place without anyone being able to attend in person.
Where this right applies, the consumer successful bidder has fourteen (14) days from the day following delivery or release of the lot to exercise the right by sending a request by email. The consumer successful bidder exercising this right must return the lot(s) to BOISSEAU-POMEZ and bears the direct costs of returning the lot(s) to Boisseau-Pomez.
PART 5 - MISCELLANEOUS PROVISIONS
1. Cultural Property
Exporting a lot outside France or importing it into another country may be affected by the laws of the destination or import country. Export or import may require one or more authorizations. Certain laws may prohibit importation or prohibit resale of a lot in the country into which it has been imported.
Export of a lot qualifying as cultural property outside the French customs territory is subject to obtaining a certificate issued by the competent departments of the Ministry of Culture, within a maximum period of four (4) months from the request, subject to exceptions provided for in the French Heritage Code. The Ministry of Culture may refuse to issue such a certificate or may reject an application, notably where the cultural property may be considered a national treasure.
In any event, BOISSEAU-POMEZ shall not be liable in the event of refusal or delay in issuing the certificate. The filing, suspension, rejection, or refusal of a certificate application shall have no effect on the successful bidder's payment obligation, who remains liable for all sums owed to BOISSEAU-POMEZ, including costs incurred.
Subject to certain conditions at BOISSEAU-POMEZ's discretion, BOISSEAU-POMEZ may carry out export certificate application formalities on behalf of the successful bidder and may invoice the successful bidder for all related costs. In the event of suspension, rejection, or refusal of the certificate, BOISSEAU-POMEZ shall not be required to reimburse such sums to the successful bidder.
2. CITES Regulations
The international regulation of 3 March 1973, known as the Washington Convention, aims to protect specimens and species threatened with extinction. Export or import of any lot made of or containing (regardless of percentage) ivory, tortoise shell, crocodile skin, rhinoceros horn, whale bone, certain coral species, rosewood, etc., may be restricted or prohibited.
It is the sole responsibility of the successful bidder to seek advice and verify the ability to comply with any legal or regulatory provisions that may apply to the export or import of a lot, even before bidding. Additional information regarding the regulations applicable to certain lots may be indicated on the relevant lot description sheet.
In certain cases, the lot may only be transported with expert confirmation--at the successful bidder's expense--of the species and/or age of the specimen concerned. BOISSEAU-POMEZ may, upon request, assist the successful bidder in obtaining the necessary authorizations and expert report. Such steps are carried out solely at the successful bidder's expense. However, BOISSEAU-POMEZ cannot guarantee that authorizations will be granted. In the event of refusal of a permit or delays in obtaining it, the successful bidder remains liable for the full purchase price. Such refusal or delay shall in no event justify late payment or cancellation of the sale.
3. Intellectual Property
BOISSEAU-POMEZ is the sole holder of reproduction rights in respect of its catalogue and its content. Any reproduction is prohibited and constitutes infringement to its detriment. Any reproduction of the BOISSEAU-POMEZ catalogue may also constitute unlawful reproduction of a work, exposing its author to infringement proceedings by the copyright holder of the work. The sale of a work does not confer on its new owner any right to reproduce or represent the work.
4. Personal Data
The bidder is informed that Boisseau-Pomez, as data controller, collects and processes personal data in connection with the performance of a contract with the bidder, for the purpose of managing absentee or telephone bids, as well as managing bidding and adjudications. The bidder has rights of access, deletion, rectification, restriction, and objection to processing, and a right to data portability. The bidder is invited to consult Boisseau-Pomez's personal data protection policy.
5. Anti-Money Laundering and Counter-Terrorism Financing
Pursuant to Article L. 561-2, 14° of the French Monetary and Financial Code, anti-money laundering and counter-terrorism financing obligations apply to BOISSEAU-POMEZ, as an operator of voluntary sales, where it carries out a transaction or series of linked transactions in an amount equal to or exceeding €10,000.
The successful bidder or their principal undertakes to provide spontaneously and in good faith all documents enabling verification of their identity. Depending on the circumstances, BOISSEAU-POMEZ may be subject to enhanced due diligence obligations, in which case the successful bidder or their principal undertakes to respond to any questions enabling BOISSEAU-POMEZ to comply with its legal obligations.
6. Governing Law and Jurisdiction
Pursuant to Article L. 321-17 of the French Commercial Code, any liability claim against an operator of voluntary sales is time-barred five years from the valuation or the public auction.
BOISSEAU-POMEZ reminds its clients of the existence of the Compendium of Ethical Obligations applicable to voluntary sales operators adopted by ministerial order of 30 March 2022, available on the website of the Conseil des maisons de vente.
BOISSEAU-POMEZ also informs its clients of the possibility of using an out-of-court dispute resolution procedure by referring the matter to the Government Commissioner attached to the Conseil des maisons de vente, online or by registered letter with acknowledgement of receipt.
These General Conditions of Purchase are governed exclusively by French law.
ALL DISPUTES TO WHICH THIS CONTRACT MAY GIVE RISE, AND, FAILING PRIOR CONCILIATION, RELATING TO ITS VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, THEIR CONSEQUENCES AND FOLLOW-ON EFFECTS, SHALL BE SUBJECT EXCLUSIVELY TO THE COMPETENT COURTS OF TROYES (FRANCE).
