GENERAL TERMS AND CONDITIONS OF SALE
Each potential buyer undertakes to accept the conditions of sale as described below, described in the catalogue, on the website and displayed in the auction room.
Oxio acts as an agent by offering for sale by public auction the goods that have been voluntarily entrusted to it by their clients. The sale is made in cash and conducted in Euros (€).
The buyers will pay, in addition to the bids, a fee of 24% excluding VAT or 28.8% including VAT.
The order of the catalogue will be followed.
Guarantees
In accordance with the law, the information given in the catalogue is the responsibility of SAS Oxio and its expert, taking into account the corrections announced at the time of the presentation of the object and recorded in the sale report. The attributions have been established taking into account scientific and artistic knowledge at the date of the sale.
A prior exhibition will allow buyers to see the condition of the items offered for sale, and no claims will be accepted once the sale has been concluded. Indications of restoration, accident or any other defect affecting the lot are given to facilitate the inspection of the lot by the potential buyer and remain subject to his personal appreciation or that of his expert. The absence of an indication of restoration or accident in the catalogue, reports or verbally, does not imply that a property is free of any present, past or repaired defect. In the opposite case, the mention of restoration, accident or any other defect does not imply the absence of all other defects.
The reproductions in the catalogue of the works are as faithful as possible, a difference in colour or tone is nevertheless possible. The dimensions are given as an indication only.
The French text is the official text which will be used in case of dispute.
The condition reports requested from SAS Oxio and the expert prior to the sale are given as an indication. They do not commit them in any way and cannot be the basis for a legal claim. Under no circumstances do they replace the personal examination of the property by the buyer or his representative.
Estimates are provided for information purposes only, do not constitute a guarantee, and cannot be considered as indicating the certainty that the property will be sold at the estimated price or within the range of estimates.
Auctions
SAS Oxio reserves the right to deny access to the auction room to any person for just cause. Also, any potential buyer may be asked to provide proof of identity and bank references. Potential buyers are invited to make themselves known to Oxio before the sale, so that their personal data can be registered.
Bids are collected thanks to the physical presence of the buyers in the auction room. Bidders present in the room will have priority over all other bidding methods.
Telephone bidding. It is accepted, free of charge, to collect bids by telephone from buyers who have made themselves known before the sale. SAS Oxio cannot be held responsible if the telephone link is not established, is established late, or in the event of errors or omissions. No telephone bids will be accepted for lots with an estimate of less than 200 euros. Any request for a telephone bid is equivalent to a firm order to buy at the low estimate, and the potential buyer will be deemed to be the first bidder.
Bidding by purchase order. It is also accepted, free of charge, to collect purchase orders that have been transmitted before the sale. SAS Oxio cannot be held responsible for any errors or omissions in the written order. In the event of two identical purchase orders, the oldest purchase order shall have priority.
Transfer of ownership. The successful bidder will be the last and highest bidder. The blow of the gavel will mark the end of the bidding and the pronouncement of the word "Adjudicated" or any other equivalent will immediately lead to the transfer of ownership between the seller and the last successful bidder. In accordance with article L. 121-21-8 of the French Commercial Code, the withdrawal period is not applicable to public auctions.
In the event of a double bid recorded by the auctioneer, the lot will be reoffered for sale at a price decided by the latter. All amateurs present may bid for this second auction.
By placing a bid, the bidders assume personal responsibility for paying the auction price, increased by the costs to be borne by the buyer and any taxes or duties due. Unless there is a written agreement with SAS Oxio, prior to the sale, mentioning that the bidder is acting as a proxy for a third party identified and approved by SAS Oxio, the bidder is deemed to be acting in his own name.
The successful bidder who has not registered before the sale must provide the necessary information so that Oxio can reproduce it on the sale report and the adjudication form. The successful bidder will be held responsible for any false information.
Withdrawal of purchases
Lots that have not been delivered on the day of the sale can be collected by appointment, once the amount of the slip has been collected, at 59 rue des Rosiers.
It is recommended that the successful bidders collect their lots as soon as possible in order to avoid storage costs which are at their expense. Upon adjudication, the object will be under the full responsibility of the buyer. The buyer will be responsible for insuring his acquisitions, and SAS Oxio declines all responsibility for any damage that the object may incur, and this as soon as the auction is pronounced.
The lots will be delivered to the buyer in person or to a third party designated by him and to whom he will have given an original power of attorney and a copy of his identity card.
The export formalities (application for a certificate for cultural property, export licence) for the lots subject to the auction are the responsibility of the buyer and may take several months. Oxio is at the disposal of its buyers to guide them through these formalities or to transmit requests to the Direction des Musées de France.
Payment of purchases
The buyer has a period of 30 days from the date of the sale to pay his bill of sale. We strongly recommend that buyers pay by credit card, bank transfer or 3D Secure online payment.
In accordance with article L. 321-14 of the French Commercial Code, an auctioned item can only be delivered to the buyer when the company has received the price or when it has been given a guarantee that the buyer has paid the price.
Cash.
- Up to €1,000.
- Up to €10,000 for individuals whose tax domicile is abroad (upon presentation of passport).
Online payment. 3D Secure payment on our www.oxioparis.com
Bank transfer. The bank transfer must come from the buyer's account and indicate the invoice number. Bank charges are not payable by the firm.
Société Générale
Account holder : OXIO
Bank code 30003 - Counter code 04030
Account number 00120433785 - RIB key 04
IBAN FR76 3000 3040 3000 1204 3378 504
BIC SOGEFRPP
Default of payment
In the event of non-payment by the successful bidder, within a period of three months from the date of the auction after formal notice has remained unsuccessful, the property shall be put back up for sale at the request of the seller upon re-bidding by the defaulting bidder; if the seller does not make this request within the said period, the sale shall be automatically cancelled, without prejudice to the damages due by the defaulting bidder.
In the absence of payment of the sums due by the successful bidder within the three-month period, the costs relating to the cancelled sale remain due by the successful bidder.
Oxio reserves the right to claim from the defaulting buyer :
- interest at the semi-annual reference rate on 1 January and 1 July (REFI) of the European Central Bank plus 10 percentage points;
- reimbursement of the additional costs incurred by the defaulting bidder, including storage, transport and catalogue costs, legal and additional fixed collection costs, etc;
- the outstanding auction fees from the cancelled sale and the loss suffered by Oxio.
- the payment of the difference between the initial auction price and either the auction price on re-bidding if it is lower, as well as the costs generated by the new bids, or the low estimate, if the sale is cancelled by operation of law.
Oxio reserves the right to exclude from future sales any successful bidder who has failed to comply with the present general conditions of purchase.
Pre-emption by the French State
The French State has a right of pre-emption of works sold in accordance with the texts in force.
This right is exercised immediately after the hammer has been struck, with the representative of the State expressing the latter's wish to take the place of the last bidder, and must confirm the pre-emption within 15 days.
Legislative and jurisdictional competences
In accordance with the law, it is specified that all civil liability claims arising from auctions and voluntary sales of furniture by public auction are subject to a five-year statute of limitations from the date of the auction. French law alone governs these general conditions of purchase. Any dispute relating to their existence, their validity, their enforceability against any bidder and buyer, and their execution shall be settled by the competent court in the jurisdiction of Saint-Ouen-sur-Seine (France).
Shipping Terms
DELIVERY: the auctioned lots are to be collected at 59 rue des Rosiers by appointment, within 15 days of the sale. Beyond this period, storage will be charged at €5 excl. tax/lot/day.
SHIPPING : ThePackengers - hello@thepackengers.com
MBE Asnières-sur-Seine, Nicolas Siega - +33 (0)1.46.85.14.32 - mbe3022@mbefrance.fr
MBE Paris 9e, Matthieu Camus - +33 (0)9.52.22.51.97 - mbe3075@mbefrance.fr
City Colis France, Anthony Portier - +33 (0).6.29.10.06.06 - oxio.citycolis@orange.fr
All shipments will be made only after payment of the bill of lading.
