Catalogue de la vente - Camille Bürgi

EUROP AUCTION GENERAL TERMS AND CONDITIONS OF SALE AND
PURCHASE
The terms of sale of Europ Auction - Société de Ventes Volontaires of goods at public
auction, governed by the laws of July 10th 2000 and of July 20th 2011, are governed
solely by French Law. Europ Auction acts as the seller’s agent.
Payments must be made in cash, and sales are carried out in Euros, in French. The last
and highest bidder shall be the successful bidder and purchaser, and must to provide its
personal data (name and address).
In the absence of a written agreement between the bidders and SVV Europ Auction
stating otherwise prior to the sale, bidders are deemed to make bids in their own names
and on their own accounts.
Goods for auction :
All property is sold in the condition in which they were offered for sale with all their
imperfections and defects.
Prospective buyers are invited to examine any goods in which they may be interested,
before the auction takes place, and notably during the exhibitions. No claim may be made
for minor restorations or small damage after completion of the sale of the item.
Descriptions of the lots resulting from the catalogue, the reports, the labels and the verbal
statements or announcements involves the liability of Europauction.
Descriptions may be altered orally or in writing at the time of the sale, or during the sale.
The statements made by Europauction relating to a restoration, mishap, or harm arisen
concerning the lot are only made to facilitate the inspection thereof by the prospective
buyer and remain subject to his own or to his expert’s assessment.
The absence of a statement by Europauction relating to a restoration, mishap or harm, in
the catalogue, condition reports, on labels or orally, does not imply that the item is free
from any current, past or repaired defects.
Inversely, the indication of any defect whatsoever does not imply the absence of any
other defects.
Estimates are provided for guidance only and cannot be considered as implying the
certainty that the item will be sold for the estimated price or even within the bracket of
estimates. Estimates cannot constitute any guarantee whatsoever.
Sales by mutual agreement:
Under the terms of articles L 321-4 and following of the commercial code, the seller
expressly authorizes the EUROPAUCTION company to conclude a sale by mutual
agreement, either before the public auction under the terms of article 7 paragraph III
of the law of July 20, 2000, or after the public auction under the terms of article 11
paragraph 2 of the law of July 20, 2000, at a price at least equal to the reserve price
stated above.
Should an offer lower than this reserve price be made before or after the sale,
EUROPAUCTION promises to report it to the seller.
Costs payable by the buyer and bidder’s liability:
In addition to the closing bid price, the buyer shall pay a bid commission of 25% excluding
taxes (VAT in addition at the rate in force : 19.6% and 5.5% as applicable).
VAT:
In the case of items originating from a country outside the European Union, marked
with the symbol *, Import VAT must be added to the hammer price (19.6% and 5.5% as
applicable).
After-sale Export : VAT collected as a part of the buyer’s costs or on the occasion of an
import may be refunded to the buyer upon proof of export within the legal time limit.
Obtaining an export licence may take four to six weeks. This time may be shortened
appreciably, depending on the speed with which the buyer gives its instructions.
Payment: must be made immediately after the sale:
- In specie up to and including €3,000 for French residents and professionals. €15,000
for non-French residents upon presentation of an identity document.
- By Visa card, , AMERICAN EXPRESS, MASTERCARD
- By cheque made payable to Europ Auction, subject that a valid proof of identity is
presented.
◗ Cheques drawn on foreign banks shall be increased by 1‰ of the total amount.
◗ By bank transfer payable to Europ Auction
Banque : NEUFLIZE OBC
RIB : 30788 00900 08519920002 55
IBAN : FR76 3078 8009 0008 5199 2000 255
Code SWIFT : NSMBFRPPXXX
Non-payment : In accordance with Article 16 of law of, if the successful bidder fails
to pay for an item, after notice to pay not having led to rectification of the situation,
the item is re-auctioned at seller’s request, in accordance with the “irresponsible bid”
procedure; if the vendor does not make such a request within one month from the day of
the auction, the sale is null and void as of right, without prejudice for damages payable
by the irresponsible bidder. Moreover, Europ Auction reserves the right to claim from the
irresponsible bidder interest at the legal rate, repayment of all additional costs incurred by
reason of its default, and payment of the difference between the initial winning bid and
the price at the irresponsible bid auction if it is lower, together with the costs generated
by the new auction.
Estimates are indicative only; the final selling price may be higher or lower.
Duly processed absentee-bids and telephone bids shall be carried out in the client’s
best interest, depending on the bids made during the auction sale. Absentee Bids and
Telephone Bids are a service which is provided free of charge. Europ Auction shall not be
held liable for having failed to perform a bid order by error. When several absentee bids
are identical priority is given to the first bid order received.
The French State has a right of pre-emption in respect of certain works offered at auction.
If the State wishes to exercise this right in respect of a sale this must be confirmed within
fifteen days from the day of the sale. In this case the State replaces the last bidder.
Collection and Storage of purchased items:
Europ Auction shall give the sold lots to the winning bidder only after full payment of its
purchase prices.
From the “hammer fall” on, the item shall be under the buyer’s full responsibility. If
need be, after eight days from the day of the sale, the buyer shall be charged Storage
expenses.
The phone bidders or absent bidders who have not collected their lots before 10 a.m. on
the day following the day of the sale, shall have to collect them at the Hotel des Ventes
(3rd floor underground) and shall be charged storage fees. However, EUROP AUCTION
gives them the possibility, on demand, to store the said lots, free of charge up to eight
days, in Europ Auction’s storage rooms.
Adress: Société MONIN 26 avenue Henri Barbusse 93100 BOBIGNY. TEL: + 33 1 80
60 36 10. 8:30/12:30 - 13h30/17:00.
Collection in Bobigny by appointment.
Bidding implies full acceptance of these general terms and conditions.
Autonomy of clauses:
Should any part or provision of these general terms and conditions be declared void,
illegal or inapplicable, by any court, this part shall be disregarded, but the remainder of
the general terms of sale shall be fully valid within the limits provided by the law.
Required information:
As required under the terms of article L321-6 of the commercial code, EUROPAUCTION
holds:
- at (Bank Name) an account devoted exclusively to monies held on behalf of third parties.
- an insurance policy covering professional liability, with the (name of company) company
- an insurance policy guaranteeing the availability of the funds mentioned in the first
paragraph above, with the (name of company) company.
Applicable law and resolution of disputes:
All transactions referred to by the present General Terms, and all disputes relating the
reto, are subject to and interpreted according to French laws; you and we accept to
submit ourselves to the exclusive competence of the French courts, and in particular
the competent PARIS courts, with the stipulation, however, that we are able to summon
you before any other competent court, and to the full extent set out by the law
applicable before this other court.
Under the terms of article 321-17 of the commercial code, the statute of limitations for
tort actions brought concerning estimates and voluntary and court-ordered auctions of
personal property is five years from the time of the sale or estimate.
Europ Auction - Vente de prestige - Conditions générales
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