TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
DE BAECQUE et Associés / DE BAECQUE Marseille is a voluntary auction house for movable property governed by the French law of July 10, 2000. In this capacity, the auction house acts as the agent of the seller who enters into a contract with the buyer.
The relationship between the auction house and the buyer is governed by these general conditions of purchase, which may be amended by written or verbal notices announced and recorded in the official sale record.
1 - THE ITEM OFFERED FOR SALE
a) Prospective buyers are invited to examine any items of interest prior to the auction, particularly during the exhibition periods. The auction house is available to provide condition reports to interested parties.
b) All lots are sold "as is" in the condition in which they are found at the time of the sale, with any imperfections or defects. No claims will be accepted regarding customary restorations or minor damages. It is the responsibility of prospective bidders to examine each lot prior to the sale and to rely on their own judgment in determining whether the lot matches its description. Relining, parquet backing or lining are considered conservation measures and not defects, and will not be mentioned. Dimensions are given for information purposes only.
c) Any indications provided by the auction house concerning restorations, accidents or incidents affecting the lot are given solely to assist in the inspection process by the prospective buyer and remain subject to their personal assessment or that of their expert. The absence of any such indication in the catalogue, condition reports, labels or verbal announcements does not imply that the item is free from any present, past, or repaired defect.
Conversely, the mention of a particular defect does not imply the absence of any other defects.
d) Estimates are provided strictly for guidance and shall not imply any warranty that the item will be sold at the estimated price or even within the estimated range. Estimates do not constitute any form of guarantee.
Estimates may be given in multiple currencies; conversions may be rounded differently than legal rounding practices.
2 - THE SALE
a) For proper organization of the sales, prospective buyers are invited to make themselves known to the auction house prior to the auction in order to allow for the registration of their personal information. The auction house reserves the right to request proof of identity and bank references from any potential buyer. The auction house also reserves the right to deny access to the auction room to any potential buyer for legitimate reasons.
b) Any person placing a bid agrees to personally and immediately pay the hammer price plus applicable buyer's premium, and any taxes or duties that may be due.
All bidders are presumed to act on their own behalf unless prior disclosure has been made of their status as agent acting on behalf of a third party, and accepted by the auction house.
c) The standard method of bidding is to be physically present in the auction room.
However, the auction house may, at its discretion, agree to receive bids by telephone from a prospective buyer who has made such a request prior to the auction. The auction house shall not be held liable, in particular, if the telephone connection is not established, is established late, or in the event of any error or omission in receiving telephone bids.
d) The auction house may, at its discretion, agree to execute written absentee bids that have been submitted and accepted prior to the sale. If the auction house receives multiple bids for the same amount, the earliest bid will take precedence. The auction house cannot be held liable in the event of any error or omission in the execution of written bids.
e) In the event that a reserve price has been set by the seller, the auction house reserves the right to bid on behalf of the seller until the reserve price is reached. However, the seller is not permitted to bid directly or via an agent. The reserve price may not exceed the low estimate published in the catalogue.
f) The auction house will conduct the sale at its sole discretion while respecting established practices. It reserves the right to refuse any bid, to arrange the order of bidding in the most appropriate manner, to move certain lots during the sale, to withdraw any lot from the sale, and to combine or split lots. In the event of a dispute, the auction house reserves the right to designate the winning bidder, to continue the sale, to cancel it, or to reoffer the lot.
g) Subject to the decision of the person conducting the sale on behalf of the auction house, the winning bidder shall be the person who has placed the highest bid, provided it is equal to or above the reserve price, if applicable.
The fall of the hammer will signal the end of bidding, and the announcement of the word "sold" (or any equivalent) will result in the formation of a sales contract between the seller and the last accepted bidder.
The winning bidder will not be entitled to take delivery of the lot until the full amount due has been paid.
In the case of payment by regular check, only the actual collection of funds will constitute full payment.
3 - SALE INCIDENTS
a) In the event that two individuals place identical bids--whether by voice, gesture, or telephone--and both claim the winning bid simultaneously after the fall of the hammer, the lot will be immediately reoffered for sale at the price proposed by the last bidders, and all members of the public present will be allowed to place new bids.
b) To facilitate the presentation of items during sales, the auction house may use video display methods. In the event of a handling error leading to the display of a different lot than the one being bid on, the auction house shall not be held liable and will be the sole judge of whether the bidding should be restarted.
c) To assist potential buyers with their calculations, the auction house may use a currency conversion system for informational purposes only.
However, bids may not be placed in foreign currencies, and any conversion errors shall not engage the liability of the auction house.
4 - RIGHT OF PREEMPTION BY THE FRENCH STATE
The French State has a legal right of preemption on works sold at auction, in accordance with current legislation.
This right is exercised immediately after the fall of the hammer, when a representative of the State expresses the government's intention to substitute itself for the last bidder. The preemption must then be confirmed within 15 days.
The auction house cannot be held responsible for the conditions under which the French State exercises its right of preemption.
5 - EXECUTION OF THE SALE
a) In addition to the hammer price, the successful bidder (buyer) must pay the following sliding scale buyer's premium, per lot and per bracket:
Voluntary sales outside Paris and Île-de-France: 30% incl. VAT on the first €500 of the hammer price, then 25% incl. VAT (including 20% VAT except for books, which are subject to 5.5% VAT)
Voluntary sales in Paris and Île-de-France: 30% incl. VAT on the first €500 of the hammer price, then 27% incl. VAT (including 20% VAT except for books, which are subject to 5.5% VAT)
Judicial sales: 11.90% excl. VAT (14.28% incl. VAT for lots subject to 20% VAT, or 12.55% incl. VAT for lots subject to 5.5% VAT)
Online-only sales: 30% incl. VAT on the total hammer price
Additional fees may apply for live bidders on Invaluable: +3% excl. VAT
The Invaluable online commission is capped at $500 per lot, with a minimum charge of $10. This means:
Small lots (under $200) will only incur the $10 minimum fee, offering a reduced commission
Lots between $200 and $10,000 are subject to the standard 3% rate
Lots over $10,000 will benefit from the $500 cap, thus reducing the commission for high-value items
Meaning of the Symbols in the Catalogue:
*: Lots under temporary importation subject to an additional import VAT charged at the current rate (5.5%).
**: Ivory lots requiring a purchase declaration in accordance with Article 2 bis of the amended decree of August 16, 2016, re-invoiced to the buyer (€10 excl. VAT).
(J): Judicial sale, with buyer's premium set at 11.90% excl. VAT [14.28% incl. VAT (20% VAT except for books subject to 5.5% VAT)].
°: Lot offered for sale by a member of the DE BAECQUE & Associés team.
Payment for Lots:
Payment for the lot must be made in full at the time of purchase, including the hammer price, fees, and applicable taxes, even if an export license is required.
The purchaser may pay by the following methods:
In cash, up to €1,000 (fees and taxes included) for all professionals and French tax residents, and up to €15,000 for foreign nationals upon presentation of valid ID.
By cheque or bank transfer.
b) The auction house is authorized to reproduce in the sale record and invoice the information provided by the successful bidder prior to the sale. Any false information will engage the bidder's responsibility.
If the successful bidder has not registered before the sale, they must provide the necessary information immediately after the lot is sold.
Any person who has registered with the auction house has the right to access and rectify their personal data in accordance with the Law of July 6, 1978.
c) It is the responsibility of the successful bidder to insure the lot immediately after the auction. The auction house cannot be held liable in the event of theft, loss, or damage to the lot after adjudication.
d) The lot will only be delivered to the buyer after full payment of the price, fees, and taxes. In the meantime, the auction house may charge the buyer storage fees, and possibly handling and transportation costs.
Buyers are strongly advised to collect their purchases as quickly as possible to avoid storage charges, which are at their expense. Storage of lots does not incur the auction house's liability in any way.
In Paris - at Hôtel Drouot: lots must be collected from Drouot's storage service, at the buyer's expense.
Outside Paris: any lot not collected within 15 days after the sale will be placed in a storage facility. Storage costs will be charged to the buyer.
Any invoice that remains unpaid or is subject to delayed payment may result in the buyer being listed in the "TEMIS File" (Access Restriction File for Auction Sales), operated by CPM (a joint-stock company with executive board headquartered at 37 rue de Châteaudun, 75009 Paris, registered with the Paris Trade and Companies Register under number 437 868 425).
In the event of non-payment by the buyer, and after a formal notice remains unanswered, the lot may be reoffered for sale at the seller's request due to the defaulting bidder. If the seller does not make this request within one month of the auction, the sale is automatically cancelled, without prejudice to any damages owed by the defaulting buyer.
In addition, the auction house reserves the right to claim from the defaulting bidder, at its discretion:
Legal interest increased by five percentage points;
Reimbursement of any additional costs resulting from the default;
Payment of the difference between the original hammer price and the resale price at a new auction (if the resale price is lower);
Any costs related to the re-auctioning of the lot.
The auction house also reserves the right to offset any amounts due from the defaulting bidder and to exclude them from future sales if they fail to comply with these general conditions of sale.
6 - INTELLECTUAL PROPERTY - REPRODUCTION OF WORKS
The auction house owns the reproduction rights for its catalogue. Any reproduction thereof is prohibited and constitutes an infringement of its rights.
Furthermore, the auction house benefits from a legal exemption allowing it to reproduce in its catalogue the works offered for sale, even if the reproduction rights have not fallen into the public domain.
Any reproduction of the auction house's catalogue may therefore constitute an unlawful reproduction of a work, exposing its author to counterfeiting claims by the rights holder of the work.
The sale of a work does not grant its purchaser the right to reproduce or publicly display the work.
7 - SEVERABILITY
The provisions of these general terms and conditions of sale are independent of one another. The nullity of any single provision shall not affect the applicability of the others.
8 - GOVERNING LAW AND JURISDICTION
These general terms and conditions of sale are governed solely by French law. Any dispute regarding their existence, validity, enforceability against any bidder or buyer, or their execution shall be submitted to the competent court in the jurisdiction of Paris (France).
