These general conditions of sale and everything pertaining to them are governed exclusively by French law. Buyers and their representatives accept that any legal action will be taken within the jurisdiction of French courts (Paris). The various provisions contained in these general conditions of sale are independent of each other. If any one of them is declared invalid, there is no effect on the validity of the others. The act of participating in this auction implies acceptance of all the conditions set out below by all buyers and their representatives. Payment is due immediately at the end of the sale as the sale is made in cash and is payable in euros (Art. 1650 du Code Civil). A currency conversion system may be provided during the sale. The corresponding foreign currency value bids made in the auction room in euros is given for indication purposes only.
DEFINITIONS AND GUARANTEES
Descriptions appearing in the catalogue are provided by Millon and/or independent Auction Experts indicated in the catalog and are subject to corrections, notifications and declarations made at the moment the lot is presented and noted in the record of the sale. Dimensions, colours in reproductions and information on the condition of an object are given for information purposes only. All information relating to incidents, accidents, restoration and conservation measures relating to a lot is given, to facilitate inspection by the potential buyer and remains completely open to interpretation by the latter. This means that all lots are sold as seen at the moment the hammer falls, with any possible faults and imperfections. No claims will be accepted after the hammer has fallen, a pre-sale showing having provided potential buyers with an opportunity to examine the works presented. For lots appearing in the sale catalogue, whose estimated low price is over 32,000, a condition report on their state of preservation will be issued free of charge upon request. The information contained therein is given purely as an indication and Millon and its’ independent auction Experts can in no way be held liable for it. In the event of a dispute at the moment of sale, i.e. it is established that two or more buyers have simultaneously made an identical bid, either aloud or by signal and both claim the lot at the same time when the hammer falls, the lot will be re-submitted for auction at the price offered by the bidders and everyone present will be permitted to bid once again.
Lots marked with ° contain specimens of ivory of Elephantidae, the specimens are dated prior to June 1st, 1947 and therefore comply with the December 9th, 1996 rule in its art 2/W mc.
For all exportation from the EU, a mandatory CITES form will be required. It is the responsibility of the future buyer to obtain this form.
Lots preceded by a J will be the subject of a separate judicial legal record with the buyer’s premium at 12%, or 14.14% including VAT (current rate of VAT 20%).
ABSENTEE AND TELEPHONE BIDS
The registration and execution of absentee and telephone bids is a service free-of-charge rendered by Millon & Associés. Millon & Associés will endeavor to execute the bid orders that it will receive in writing up to 2 hours before the sale. The failure to execute a purchase bid or any error or omission in the execution of such bids will not engage the responsibility of Millon & Associés. In addition, our company will not assume any liability if, in the course of a telephone bid, the telephone connection is interrupted, not established or late. Although Millon is prepared to record telephone bid requests no later than the end of the exhibition hours, Millon will not assume any liability for non-performance of errors or omissions in connection with telephone orders.
LIVE AUCTION BY ELECTRONIC MEANS:
Millon & Associés cannot be held responsible for the interruption of a Live service during auctions or any other malfunction likely to prevent a buyer from bidding via a technical platform offering the Live service. The interruption of a Live auction service in the course of sale does not necessarily justify the auctioneer's termination of the auction.
EXPENSES FOR WHICH THE BUYER IS RESPONSIBLE
The buyer will pay MILLON in addition to the sale price or hammer price, a sales commission of:
25 % plus VAT or 30 %
Current rate of VAT 20%. Total price = sale price (hammer price) + sales commission
TEMPORARY IMPORT
Purchasers of lots marked with * must pay any duties and taxes in respect of a temporary importation in addition to sale expenses and VAT (5,5 % of the hammer price) 20% for jewelry and watches, motorcars, wines and spirits and multiples).
EXPORT FROM FRANCE
The export of a lot from France may require a license. Obtaining the relevant document is the sole responsibility of the successful bidder. A delay or refusal by the authorities to issue an export license is not a justification for cancellation of the sale, delayed payment or voiding of the transaction. If our company is requested by the buyer or his/her representative to make arrangements for export, all costs incurred will be for the account of the party making such a request. Such arrangements should be considered purely as a service offered by Millon.
EXPORT FOLLOWING THE SALE
The VAT paid as part of the sale expenses or the amount paid in connection with the temporary import of the lot, may be refunded to the buyer within the legally stipulated period upon presentation of documents proving that the lot purchased has been exported.
PREEMPTION BY THE FRENCH STATE
In certain circumstances defined in law, the French State has a right of pre- emption on works sold at public auction.
In such a case, the French State substitutes for the highest bidder, on condition that the pre-emption order issued by the State’s representative in the sale room is confirmed within fifteen days of the date of the sale. Millon cannot be held responsible for pre-emption orders issued by the French State.
BIDDERS’ LIABILITY
By making a bid on a lot by any method offered by Millon, bidders assume personal responsibility for paying the sale price plus the sales commission and any duties and taxes payable. Bidders are deemed to act in their own name and on their own behalf, unless otherwise agreed in writing prior to the sale with Millon.
Subject to the decision of the authorized and accredited auctioneer and provided that the final hammer price is greater than or equal to the reserve price, the last bidder will become the buyer, the hammer price and the pronouncement of the word "awarded" (adjudgé) materialize the acceptance of the last bid and the formation of the contract of sale between the seller and the buyer. The awarded lots will be under the full responsibility of the successful bidder
In the event of a dispute involving a third party, Millon may hold the bidder alone responsible for the bid in question and for payment.
FAILURE TO MAKE PAYMENT
In accordance with article 14 of law no. 2000- 6421 of 10 July 2000, upon failure of the buyer to make payment and there being no response to formal notice, the article is re-submitted for sale at the request of the seller and by reason of false bidding by the defaulting buyer; if the seller does not make such a request within one month from the date of the sale, the sale is automatically void, without prejudice to any damages payable by the defaulting buyer.
MILLON & ASSOCI?S RESERVES A RIGHT OF CLAIM AGAINST DEFAULTING BUYERS:
- for interest at the legal rate
- for the refund of additional costs arising from the default with a minimum of 250 euros.
- for payment of the sale price or:
- the difference between that price and the sale price in the event of a new sale, if the new price is lower, plus the costs incurred for the new auction.
- the difference between that price and the false bid price, if it is lower, plus the costs incurred for the new auction.
Millon also reserves the right to demand compensation for all sums due by the defaulting buyer or to bank security deposit cheques if, in the two months following the sale, invoices are still not settled.
COLLECTION OF PURCHASES, INSURANCE, WAREHOUSING AND TRANSPORT
Millon will only hand over lots sold to the buyer after cleared payment of the total price. It is the buyer’s responsibility to insure lots immediately upon purchase, since, from that moment onwards, he/she alone is responsible for loss, theft, damage and other risks. Millon declines any liability for damage themselves or for the failure of the buyer to cover damage risks. Buyers are advised to collect their lots with a minimum of delay.
PURCHASES WITHDRAWALS
Buyers can come and collect their awarded lots, free of charge, until 7pm on the evening of the sale, and from 8am until 10am the next morning. The lots which have not been withdrawn and which do not figure on the detailed list hereafter*, will have to be collected once the payment has been cashed at the Hotel Drouot the day following the auction sale.
Small goods which return to our offices after the sale are the following: jewels, watches, books, earthenware objects, glassware and sculptures as well as all paintings. The lot’s size is determined by MILLON & ASSOCIES on a case by case basis (the given examples above are given merely as an indication).
Please note that the Drouot storage service is opened from Monday to Friday from 9am to 10am and from 1:30pm to 6 pm as well as on Saturday from 8am to 10am (outside bank holidays, non-working Saturdays and at Drouot’s sole discretion). The lots will be delivered to the buyer in person or to a third party designed by him and to whom he will have given a proxy and a copy of his identity card. The exportation formalities (demands of certificates for a cultural good, exportation license) of the subjected lots are the buyer’s responsibility and can require a delay from 2 to 3 months.
It is recommended to the successful tenderers to proceed to a removal of their lots in the best delays as to avoid storing fees which are at their charge and run from the day following the sale. The fees are calculated proportionally to the custody’s duration, to the volume and to the amount of the auction in the sole discretion of Drouot. (tel : 01 48 00 20 18 or magasinage@drouot.com)
The storage does not involve the expert’s nor the auctioneer’s responsibility in any way whatsoever. Once the auction is done, the object will be under the entire responsibility of the winning tenderer. The S.A.S MILLON does not accept any responsibility for the damages which the object can undergo, and thus as soon as the auction is pronounced.
Option:
We would like to inform our clientele that the Drouot storage service is used by default. There remains a possibility for our buyers to opt for a withdrawal of their lots at our furniture store:
ARTSITTING
116 Boulevard Louis Armand – 93330 Neuilly Sur Marne
Telephone:+33 (0)1 41 53 30 00
Fax : +33 (0)1 43 00 89 70
Email: contact@artsitting.com
The purchases benefit from a storage gratuity during 60 days following the sale. Past this delay, destocking, handling and availability fees will be invoiced during the withdrawal of the lots at ARTSITTING, according to the following rates:
- Storage:
10 € HT per lot and per week for storage superior to 1M3
7 € HT per lot and per week for storage less than 1M3
5 € HT per lot and per week for storage that “fit in the palm of your hand”
No shipping or removal of the lot will be possible without the complete settlement of the disposal and storage costs.
SHIPPING OF THE PURCHASES
We inform our clientele that MILLON does not handle the shipping of goods other than those of a small size (the examples hereafter are given for information purposes only): jewels, watches, books, earthenware objects, glassware and sculptures.
Furthermore, MILLON retains the right to consider that the fragility and/or the value of a lot necessitates the intervention of an exterior provider.
The lot’s size will be determined by MILLON on a case by case basis (the examples above are given for information purposes only).
At all events, the shipping of a good is at the exclusive financial charge of the buyer and will be carried out after reception of a letter which discharges Millon of all responsibility in the becoming of the shipped object.
INTELLECTUAL PROPERTY
The sale of a lot does not imply the transfer of reproduction or representation rights, where the lot constitutes the physical medium.
PAYMENT IN FULL
Millon states that cash payment is required for sales at public auction and that buyers must immediately pay the total purchase price, irrespective of any intention to export the lot from France (see “Export from France”).
Payment may be made as follows:
- in cash up to 1.000 euros (French residents),
- by cheque or postal order upon the presentation of current proof of identity,
- by Visa or Master Card (on location in our offices)
- or by Visa or Master Card through our secured online payment system:
http://www.millon.com/paiement/index.jsp
- by bank transfer in euros to the following account
BANK DETAILS:
NEUFLIZE OBC
3, avenue Hoche - 75008 Paris
IBAN : FR76 3078 8009 0002 0609 7000 469
BIC : NSMBFRPPXXX
