Boisgirard - Antonini Nice is a company of voluntary sales of furniture by public auction governed by the law of July 10, 2000. In this capacity Boisgirard - Antonini acts as an agent for the seller who contracts with the buyer.
The relationship between Boisgirard - Antonini Nice and the buyer is subject to the present general conditions of purchase which may be amended by written or oral notices which will be mentioned in the sales report.
1 - The property for sale
a) Potential buyers are invited to examine the goods that may interest them prior to the auction, and particularly during the exhibitions. Boisgirard - Antonini is at the disposal of potential buyers to provide them with reports on the condition of the lots.
b) All goods are sold as is in the condition they are in at the time of the sale with any imperfections or defects. No claim will be made for minor damage or restoration. It is the responsibility of prospective bidders to examine each item prior to the sale
and to rely on their own judgment to verify that each item matches the description. Re-canvassing, parquetry, or lining is a conservative measure and not a defect and will not be reported. The dimensions are given as an indication, in particular for framed works.
c) The indications given by Boisgirard - Antonini on the existence of a restoration, an accident or an incident affecting the lot, are expressed to facilitate its inspection by the potential buyer and remain subject to his personal appreciation or that of his expert. The absence of any indication of restoration, accident or incident in the catalog, reports, labels or verbally, does not imply that a property is free of any present, past or repaired defect. Conversely, the mention of any defect does not imply the absence of any other defect.
d) Estimates are provided for information purposes only and cannot be taken to imply that the property will be sold at the estimated price or even within the range of estimates.
2 - The sale
a) In order to ensure the proper organization of sales, potential buyers are invited to make themselves known to Boisgirard - Antonini, before the sale, so that their personal data can be registered. Boisgirard - Antonini reserves the right to ask any potential buyer to provide proof of identity and bank details. Boisgirard - Antonini reserves the right to deny access to the auction room to any potential buyer for just cause.
b) Any person who bids undertakes to pay personally and immediately the auction price plus any expenses payable by the buyer and any taxes or duties that may
be due. All bidders are deemed to be acting on their own behalf, unless Boisgirard - Antonini accepts that they are acting on behalf of a third party.
c) The normal way to bid is to be present in the auction room. However, Boisgirard - Antonini will be able to accept bids by telephone from a potential buyer who will have made himself known before the sale. Boisgirard - Antonini will not be held responsible in particular if the telephone connection is not established, is established late, or in case of error or omission in the reception of bids by telephone.
d) Boisgirard - Antonini will not be held responsible in particular in case of error or omission in the execution of a written order.
e) In the event that a reserve price has been stipulated by the seller, Boisgirard - Antonini reserves the right to place bids on behalf of the seller until the reserve price is reached.
f) Boisgirard - Antonini will conduct the sale in a discretionary manner while respecting established practices. Boisgirard - Antonini reserves the right to refuse any bid, to organize the auction in the most appropriate way, to move certain lots during the sale, to withdraw any lot from the sale, to combine or separate lots.
In case of dispute Boisgirard - Antonini reserves the right to designate the winning bidder, to continue the sale or to cancel it, or to put the lot back on sale.
g) The winning bidder will only be able to obtain delivery of the lot after payment of the full price. In case of an ordinary check, only the cashing of the check will be considered as payment.
3 - The incidents of the sale
a) In the event that two persons have made identical bids by voice, gesture or telephone and claim the benefit of the auction at the same time after the hammer has been struck, the property will immediately be put up for sale again at the price proposed by the last bidders, and all the public present will be able to make new bids.
b) In order to facilitate the presentation of the property during sales, Boisgirard-Antonini will be able to make use of video equipment. In the event of a handling error that could lead to the presentation of a different item than the one on which the bids were placed,
Boisgirard - Antonini will not be held responsible and will be the sole judge of the necessity to restart the auction.
4 - Pre-emption by the French State
The French State has a right of pre-emption on works sold in accordance with the texts in force. The exercise of this right occurs immediately after the hammer has been struck, the representative of the State expressing the latter's willingness to take the place of the last bidder, and must confirm the pre-emption within 15 days. Boisgirard - Antonini cannot be held responsible for the conditions of the pre-emption for the French State.
5 - The execution of the sale
a) In addition to the auction price, the successful bidder (buyer) will be required to pay the following commissions and taxes per lot and per sliding scale:
1) Lots from the European Union :
The fees will be degressive by tranche and by lot, from 23 % + VAT (i.e. 27,60 % TTC) up to 350 000 €.
The fees for books are 23% + 5.5% VAT (i.e. 24.27% including VAT).
Lots preceded by a . are sold by an associate or by a collaborator of the auction house. These costs will be specified before the sale. In the event of payment by foreign credit card, Boisgirard - Antonini Auction House will charge an additional 1% of the amount of the auction.
2) Lots marked with an * are subject to VAT
The import VAT may be retroceded to the successful bidder upon presentation of proof of export from the European Union within two months of the sale.
The payment of the lot will be made in cash, for the full price, expenses and taxes, even if an export license is required.
- The successful bidder may pay by the following means:
- in cash: up to €1,000 including fees and taxes for French nationals and €15,000 for foreign nationals on presentation of their identity papers.
- by check or bank transfer.
- by credit card: VISA - MASTERCARD.
b) If the successful bidder has not registered before the sale, he must provide the necessary information as soon as the lot is sold.
c) It is the responsibility of the successful bidder to insure the lot as soon as it is sold. He will not be able to take recourse against Boisgirard-Antonini, in the event of theft, loss or damage of his lot, after the auction.
d) The lot will be delivered to the buyer only after full payment of the price, expenses and taxes. In the meantime, Boisgirard - Antonini may charge the buyer a deposit fee for the lot, and possibly handling and transport fees.
In the event of non-payment by the successful bidder, after unsuccessful formal notice, the item will be put back on sale at the request of the seller on the basis of the unsolicited bid of the defaulting bidder; if the seller does not make such a request within one month from the date of the auction, the sale will be cancelled by operation of law, without prejudice to any damages due by the defaulting bidder. In addition, Boisgirard - Antonini reserves the right to claim from the defaulting buyer, at his choice:
- interest at the legal rate increased by five points.
- the reimbursement of the additional costs generated by its default.
- the payment of the difference between the initial adjudication price and the adjudication price on irresponsible bidding if it is lower, as well as the costs generated by the new bids.
Boisgirard - Antonini reserves the right to exclude from its future sales, any successful bidder who has failed to comply with the present general conditions of purchase. The successful bidders are urged to collect their purchases as quickly as possible, in order to limit the storage costs which are at their charge. Small volume purchases will be transported to Boisgirard - Antonini where they will be kept free of charge for one month. After this period, storage costs will be borne by the purchasers at the rate of 3 € per day and per lot.
The storage of the lots will not engage in any way the responsibility of the SVV Boisgirard - Antonini.
For sales at Drouot, the objects are to be withdrawn from the warehouse of the Hotel Drouot, whose costs are charged to the buyers.
Any lot not sold and not collected within one month after the sale will be placed in storage. The owner is responsible for the costs.
6 - Intellectual property - reproduction of works
Boisgirard - Antonini is the owner of the reproduction right of their catalog.
Any reproduction of it is prohibited and constitutes an infringement to its prejudice.
In addition Boisgirard - Antonini has a legal exemption allowing them to reproduce in its catalog the works offered for sale, even if the reproduction right would not be in the public domain.
7 - Legislative and jurisdictional competences
French law alone governs these general conditions of purchase. Any dispute relating to their existence, their validity, their opposability to any bidder and purchaser, and their execution will be decided by the competent court of Paris (France).