Boisgirard - Antonini is companie of voluntary auction
sales regulated by the law of the 10 July 2000. In such capacity
Boisgirard - Antonini acts as the agent of the seller
who contracts with the buyer.The relationships between
Boisgirard - Antonini and the buyer are subject to the
present general conditions of purchase which can be
modified by saleroom notices or oral indications given at
the time of the sale, which will be recorded in the official
sale record.
1 - Goods for auction
a) The prospective buyers are invited to examine any
goods in which they may be interested, before the auction
takes place, and notably during the exhibitions.
Boisgirard - Antonini is at disposal of the prospective
buyers to provide them with reports about the conditions
of lots.
b) Description of the lots resulting from the catalogue,
the reports, the labels and the verbal statements or announcements
are only the expression by Boisgirard
- Antonini of their perception of the lot, but cannot
constitute the proof of a fact.
c) The statements by made Boisgirard - Antonini about
any 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 appreciation.
All the lots above 5 000 Euros have been submitted to
the Art Loss Register.
Notes in English are neither complete nor accurate, but
are just an approximate description for English-speaking
buyers. The condition of the pieces is not mentioned.
The absence of statements Boisgirard - Antonini by relating
to a restoration, mishap or harm, whether made
in the catalogue, condition reports, on labels or orally,
does not imply that the item is exempt from any current,
past or repaired defect. Inversely, the indication of any
defect whatsoever does not imply the absence of any
other defects.
d) 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.
e) Attributions have been made taking into account
scientific and artistic knowledge at the date of the sale.
Claims will not be accepted for ordinary restorations
and minor damages to lots, considering that buyers are
given the opportunity to assess the condition of the lots
at the time of the pre-sale exhibition.
The condition of antiquities, early ceramics, metal- work,
glass and textiles is not guaranteed, since most of the
pieces are commonly damaged. Necklaces are recomposed
with ancient elements. Dimensions are given
for information only, especially concerning the framed
paintings.
2 - The sale
a) In order to assure the proper organisation of the sales,
prospective buyers are invited to make themselves
known to Boisgirard – Antonini before the sale, so as to
have their personal identity data recorded. Boisgirard -
Antonini reserves the right to ask any prospective buyer
to justify his identity as well as his bank references.
Boisgirard - Antonini reserve the right to refuse admission
to the auction sales premises to any prospective buyer
for legitimate reasons.
b) Any person who is a bidder undertakes to pay personally
and immediately the hammer price increased by
the costs to be born by the buyer and any and all taxes
or fees/expenses which could be due.
Any bidder is deemed acting on his own behalf except
when prior notification, accepted by Boisgirard - Antonini
is given that he acts as an agent on behalf of a third
party.
c) The usual way to bid consists in attending the sale on
the premises.
However, Boisgirard - Antonini may graciously accept
to receive some bids by telephone from a prospective
buyer who has expressed such a request before the sale.
Boisgirard - Antonini will bear no liability/responsability
whatsoever, notably if the telephone contact is not
made, or if it is made too late, or in case of mistakes
or omissions relating to the reception of the telephone.
For variety of purposes, Boisgirard - Antonini reserve
there right to record all the telephone communications
during the auction. Such records shall be kept until the
complete payment of the auction price, except claims.
d) Boisgirard - Antonini will bear no liability/responsibility
in case of mistakes or omission of performance of the
written order.
e) In the event where a reserve price has been stipulated
by the seller, Boisgirard - Antonini reserve the right
to bid on behalf of the seller until the reserve price is
reached.
f) Boisgirard - Antonini will conduct auction sales at their
discretion, in accordance with established practices.
Boisgirard - Antonini reserve the right to refuse any bid,
to organise the bidding in such manner as may be the
most appropriate, to move some lots in the course of
the sale, to withdraw any lot in the course of the sale, to
combine or to divide some lots in the course of the sale.
In case of challenge or dispute, Boisgirard - Antonini
reserve the right to designate the successful bidder, to
continue the bidding or to cancel it, or to put the lot
back up for bidding.
No lot will be delivered to the buyer until full payment
has been made.
In case of payment by an ordinary draft/check, payment
will be deemed made only when the check will
have been cashed.
3 - The incidents of the sale
a) In case two bidders have bidden vocally, by mean of
gesture or by telephone for the same amount and both
claim title to the lot, after the bidding the lot, will immediately
be offered again for sale at the previous last bid,
and all those attending will be entitled to bid again.
b) So as to facilitate the presentation of the items during
the sales, Boisgirard - Antonini will be able to use video
technology.
Should any error occur in operation of such, which may
lead to show an item during the bidding which is not
the one on which the bids have been made, Boisgirard -
Antonini shall bear no liability/responsability whatsoever,
and will have sole discretion to decide whether or not
the bidding will take place again.-
4 - Pre-emption of the French state
The French state in entitled to use a right of pre-emption
on works of art, pursuant to the rules of law in force. The
use of this right comes immediately after the hammer
stroke, the representative of the French state expressing
then the intention of the State to substitute for the last
bidder, provided he confirms the pre-emption decision
within fifteen days.
Boisgirard - Antonini will not bear any liability/responsibility
for the conditions of the pre-emption by the French
State.
5 - The performance of the sale
a) In addition to the lot’s hammer price, the buyer must
pay the following costs and fees/taxes :
1) Lots from the EEC :
The buyer must pay Boisgirard - Antonini, in addition to
the hammer price, commission of 24% excl. Tax (with
VAT 28,80%) of the sale price up to 350 000 Euros. For
the books the commission will be : 24% excl. Tax + 5.5%
(with VAT 25,32%)
By credit card, Boisgirard - Antonini, will charge 1% in addition
to the hammer price.
2) The taxes (VAT on commissions and VAT on importation)
can be retroceded to the purchaser on presentation
of written proof of exportation outside the EEC.
3)All the bidders that won lots throught DROUOT LIVE will
have fees of 30,80%.
An EEC purchaser who will submit his intra-Community
VAT number will be exempted from paying the VAT on
commissions.
The payment of the lot will be made cash, for the whole
of the price, costs and taxes, even when an export licence
is required.
The purchaser will be authorized to pay by the following
means:
- in cash : up to 1 000 euros, costs and taxes included,
for French citizen, up to 15 000 euros, costs and taxes
included, for foreign citizen on presentation of their identity
papers.
- By cheque or bank transfer.
- By credit card : VISA, MASTERCARD.
b) Should the buyer have neglected to give his per- sonal
information before the sale, he will have to give the
necessary information as soon as the sale of the lot has
taken place.
c) The lot must to be insured by the buyer immediately
after the purchase. The buyer will have no recourse
against Boisgirard - Antonini, in the event where, due to
a theft, a loss or a deterioration of his lot after the purchase.
d) The lot will be delivered to the buyer only after the
entire payment of the price, costs and taxes.
In the meantime Boisgirard - Antonini may invoice to the
buyer the costs of storage of the lot, and if applicable
the costs of handling and transport.
Should the buyer fail to pay the amount due, and after
notice to pay has been given by Boisgirard - Antonini to
the buyer without success, at the seller’s request, the lot
is re-offered for sale, under the French procedure known
as “procédure de folle enchère”. If the seller does not
make this request within a month from the date of the
sale, the sale will be automatically cancelled, without
prejudice to any damages owed by the defaulting
buyer.
In addition, Boisgirard - Antonini reserve the right to claim
against the defaulting buyer, at their option :
- interest at the legal rate increased by five points,
- the reimbursement of additional costs generated by
the buyer’s default,
- the payment of the difference between the initial hammer
price and the price of sale after “procédure de folle
enchère” if it is inferior as well as the costs generated by
the new auction.
Boisgirard - Antonini reserves the right to exclude from
any future auction, any bidder who has been a defaulting
buyer or who has not fulfilled these general conditions
of purchase.
e) For items purchased which are not collected within
seven days from after the sale (Saturdays, Sundays and
public holidays included), Boisgirard - Antonini will be authorized
to move them into a storage place at the defaulting
buyer’s expense, and to release them to same
after payment of corresponding costs, in addition to the
price, costs and taxes.
6 - Intellectual Property Right - Copyright
The copyright in any and all parts of the catalogue is
the property of Boisgirard - Antonin. Any reproduction
thereof is forbidden and will be considered as counterfeiting
to their detriment.
Furthermore, Boisgirard - Antonini benefits from a legal
exception allowing them to reproduce the lots for auction
sale in their catalogue, even though the copyright
protection on an item has not lapsed.
7 - Law and Jurisdiction
These Conditions of purchase are governed by French
law exclusively.
Any dispute relating to their existence, their validity and
their binding effect on any bidder or buyer shall be
submitted to the exclusive jurisdiction of the Courts of
France.
