General terms and conditions of sale
Our company proceeds to "on-line and time limited sales" according to article n°5 of the 20th of July 2011 French Act.
The 20th of July 2011 French Act stipulates that brokering transaction carried out through on-line auctions is defined by lack of top-bidders as well as third party involvement in the description of goods and sale contract achievement ; therefore it does not constitute any form of auctioneering process according to the French legislation above mentioned.
At the end of the bidding process, property transfer is not automatic. The Buyer and the Seller are free to settle their own sale agreement. The Buyer and the Seller are not bound by any kind of obligation. The Buyer who offers the highest bid is free to retract it and the Seller remains also free to give up or not her/his ownership over her/his property.
During the whole bidding process the Buyer can withdraw her/his bid on an item till the very last second.
During the whole time of the bidding, the Seller answers all questions addressed to her/him.
The items set for sale belong to our company unless specified otherwise. The said items can also belong to a third party. In that case, the name, address and/or contact of the Seller clearly show up with the description of the said item(s). The Seller personally writes down the description of the item(s) she/he is putting up for sale. The Seller proceeds in due respect of the sale conditions above mentioned.
The Seller directly gets in touch with the Buyer, collects payment and is taking care of the shipping for the item(s) sold.
Our sales platform is supplied by Invaluable LLC (38 Everett Street Suite 101 Boston, MA 02134).
For all inquiry relative to the sales platform way of functioning (way of bidding, retracting a bid, creating an "alert ", etc. ... ), it is advisable to check on the page "Help" edited by the website invaluable.com and click on the following link : http://www.invaluable.com/invaluable/help.cfm
In case of litigation, our company commits and dedicates itself to all efforts in order to reach a friendly agreement. If unreached, French law and court system will be the only ones applicable and competent to judge the litigation concerned.
Premium:: A 29% Buyer's premium is due and added on top of the final bid.
Payment :: The Seller is shipping the item(s) when paid in full at the Buyer's request. Shipping cost is itemized in the "Shipping conditions" chapter.
The Seller is issuing an invoice in due form to the Buyer.
The auction will be conducted by the auctioneer's representatives of Exper Antic. Unless otherwise specified, Exper Antic is acting as an agent on behalf of the seller. The contract for the sale of the property is between the seller and the buyer.
The auctioneer has sole discretion and authority at any time to determine the winner in the auction or to withdraw any lot or lots from the sale or to re-offer and resell any lot, all according to his sole judgment, including yet not limited to prior to the auction, during the auction, and following the auction. Purchasing an item is legitimate only when the auctioneer lowers his hammer and announces a card number of a participant in the room or a bidder in writing or a bidder by phone or by internet. Notwithstanding the above, it is the auctioneer's sole judgment to reopen a lot and/or cancel a sale. The auctioneer reserves the right to reject any bid.
The prices quoted in the catalogue are estimate prices of the lots. These prices are estimates, normally different from the minimum prices. A sale will be only at the minimum price or above, all according to the auctioneer's discretion. If, in the auctioneer's opinion, any opening bid is below the reserve of the lot, he may withdraw the lot from the sale. Following an opening bid, the auctioneer may reject further bids if, in his opinion the advance is not sufficient.
All lots are sold "as is". Neither Exper Antic nor the seller makes any express or implied warranty of any kind with respect to the description, attribution, literature, former owners, period, provenance, condition and/or frame concerning the lots offered in the auction. No statement in the catalogue or in the sale or the invoice or the bill of sale given to purchasers shall be deemed such a warranty. All bidders are responsible to examine the work and its condition and its authenticity prior to bidding. It is important and recommended to examine all items before bidding.
Condition reports and catalog entries are to be used as guidance only by the buyers. Prior to bidding, bidders should personally inspect the lots. Following the auction, if the bidder has questions regarding authenticity and wishes to show the work to a recognized expert(acceptable to Exper Antic), the item must be paid for in full and the buyer must arrange (at his expense) to show the work to the expert and receive a response within 30 days following date of sale. Prior arrangements must be made with Exper Antic to allow that payment be withheld from the seller. Should the expert declare that the painting is not authentic, Exper Antic will refund money paid for lot (less expenses) under the condition that confirmation of lack of authenticity is received within 30 days of sale. To remove all doubt, following 30 days, Exper Antic will have no responsibility.
All potential bidders must register prior to bidding by completing all necessary registration forms and provide proper identification. Exper Antic reserves the right to request bank and/or other financial references. Upon registration, potential bidders will receive a paddle number, which serves as identification in the event that the participant is the successful high bidder of any lot in the sale. The purchaser, whether present in the auction room at the time of sale or bidding by writing or by phone, whether for himself or for any third party, will be irrevocably committed to pay for the article and to accept it. The auctioneer and/or Exper Antic may take any measures necessary for realizing the commitment, i.e. to force the winner to pay expenses, bank interest and/or inflation index appropriation, to sue compensations, to withhold the articles that the buyer purchased or left in company's hold, to deduct the debt from any sum of money that Exper Antic owes the winner.
Exper Antic accepts absentee bids with no additional fee. Attached herewith a form enabling buyers unable to be present at the time of auction to make their bids. By this form potential buyers authorize Exper Antic representatives to represent them during the auction in the interest of purchasing and/or to contact them by telephone to allow to bid during the auction by telephone. This service is given at no additional fee, beyond the buyer's premium as stated below. A bid cannot be revoked in any form and is an obligation for purchasing. We will take all reasonable measures to process the bid, yet take no liability in the event that for any reason a bid was not processed.
Auctions are conducted in EURO. Payment is to be made in EURO. Discrepancies may occur. Exper Antic accepts no liability for such errors.
Unless otherwise indicated, all lots are offered subject to a reserve price. This reserve will not exceed the low estimate. The reserve price is the minimum price for which the item will sell and is confidential. The auctioneer may open bidding on any lot by placing a bid on behalf of the seller. The auctioneer may further bid on behalf of the seller, up to the amount of the reserve by placing successive or consecutive bids for a lot, or by placing bids in response to other bidders.
The highest bidder acknowledged by the auctioneer shall be the buyer. All lots must be paid for and collected not later than 3 business days following the auction. Special expenses including yet not limited to, forwarding and the forwarding insurance, special packaging, messengers etc., will be borne by the buyer. It is the responsibility of the high bidder to insure the purchase within three days after sale. Should the high bidder wish, he may inform Exper Antic to insure the work on his behalf and at his expense.
Payment will be accepted only in these manors: Stripe and WireTransfer. All bank fees in regards to transfers, both those of the buyer and those of Exper Antic, are the responsibility and at the expense of the buyer.
The buyer is responsible for all local taxes where applicable including, yet not limited to VAT, sales tax, customs duties and VAT on imports, etc. For items to be picked up and/or delivered in Europe, local VAT laws apply. For more information, please contact us.
Shipping Terms
Please contact the auction house if you would like information about the shipping. We can ship world wide.
The highest bidder acknowledged by the auctioneer shall be the buyer. All lots must be paid for and collected not later than 3 business days following the auction. Special expenses including yet not limited to, forwarding and the forwarding insurance, special packaging, messengers etc., will be borne by the buyer. It is the responsibility of the high bidder to insure the purchase within three days after sale. Should the high bidder wish, he may inform Exper Antic to insure the work on his behalf and at his expense.
Buyer Premium
A 29% Buyer's premium is due and added on top of the final bid.
Taxes and VAT
The buyer is responsible for all local taxes where applicable including, yet not limited to VAT, sales tax, customs duties and VAT on imports, etc. For items to be picked up and/or delivered in Europe, local VAT laws apply. For more information, please contact us.
