Carayol – Boisgirard - Antonini is a company of voluntary auction
sales regulated by the law of the 10 July 2000.
In such capacity Carayol – Boisgirard - Antonini acts as the agent
of the seller who contracts with the buyer.
The relationships between Carayol – 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
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.
Carayol – 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 Carayol – Boisgirard - Antonini of their perception
of the lot, but cannot constitute the proof of a fact.
c) The statements by made Carayol – 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
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 Carayol – 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.
Estimates cannot constitute any warranty assurance whatsoever.
The estimations can be provided in several currencies; the conversions
may, in this case or, be rounded off differently than the legal
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
The condition of antiquities, early ceramics, metalwork, 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 Carayol
– Boisgirard - Antonini before the sale, so as to have their personal
identity data recorded.
Carayol – Boisgirard - Antonini reserves the right to ask any prospective
buyer to justify his identity as well as his bank references.
Carayol – Boisgirard - Antonini reserves the right to refuse admission
to the auction sales premises to any prospective buyer for
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
Any bidder is deemed acting on his own behalf except when prior
notification, accepted by Carayol – 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, Carayol – Boisgirard - Antonini may graciously accept to
receive some bids by telephone from a prospective buyer who has
expressed such a request before the sale.
Carayol – 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, Carayol – Boisgirard - Antonini reserves
its 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) Carayol – Boisgirard - Antonini may accept to execute orders to
bid which will have been submitted before the sale and by Carayol
– Boisgirard - Antonini which have been deemed acceptable.
Should Carayol – Boisgirard - Antonini receive several instructions
to bid for the same amounts, it is the instruction to bid first
received which will be given preference.
Carayol – 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/ Biarritz Enchères reserves the right
to bid on behalf of the seller until the reserve price is reached.
The seller will not be admitted to bid himself directly or through
The reserve price may not be higher than the low estimate for the
lot printed in the catalogue.
f) Carayol – Boisgirard - Antonini will conduct auction sales at
their discretion, in accordance with established practices.
Carayol – Boisgirard - Antonini reserves 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, Carayol – Boisgirard - Antonini
reserves the right to designate the successful bidder, to continue
the bidding or to cancel it, or to put the lot back up for bidding.
g) Subject to the decision of the person conducting the bidding for
Carayol – Boisgirard - Antonini, the successful bidder will be the
bidder would will have made the highest bid provided the final bid
is equal to or higher than the reserve price if such a reserve price
has been stipulated.
The hammer stroke will mark the acceptance of the highest bid
and the pronouncing of the word “adjugé” or any equivalent will
amount to the conclusion of the purchase contract between the
seller and the last bidder taken in consideration.
No lot will be delivered to the buyer until full payment has been
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, Carayol – Boisgirard - Antonini will be able to use video
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, Carayol – Boisgirard - Antonini shall
bear no liability/responsability whatsoever, and will have sole discretion
to decide whether or not the bidding will take place again.
c) So as to facilitate the price calculation for prospective buyers,
a currency converter may be operated by Carayol – Boisgirard
- Antonini as guidance.
Nevertheless, the bidding cannot be made in foreign currency
and Carayol – Boisgirard - Antonini will not be liable for errors
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.
Carayol – 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 Carayol – Boisgirard - Antonini, in addition
to the hammer price, commission of 23% excl. Tax of the sale
price up to 350.000 Euros and 15.50% excl. Tax above 350.000
By credit card, Carayol – Boisgirard - Antonini, will charge 1%
in addition to the hammer price.
2) Lots from outside the EEC: (identified by an *)
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.
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) Carayol – Boisgirard - Antonini will be authorized to reproduce
in the official sale record and on the bid summary the
information that the buyer will have provided before the sale.
The buyer will be responsible for any false information given.
Should the buyer have neglected to give his personal information
before the sale, he will have to give the necessary information
as soon as the sale of the lot has taken place.
Any person having been recorded by Carayol – Boisgirard - Antonini
has a right of access and of rectification to the nominative
data provided to Carayol – Boisgirard - Antonini pursuant to the
provisions of Law of the 6 July 1978.
c) The lot must to be insured by the buyer immediately after the
purchase. The buyer will have no recourse against Carayol –
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 Carayol – 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 Carayol – 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
In addition, Carayol – Boisgirard - Antonini reserves 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
- 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.
Carayol – Boisgirard - Antonini also reserves the right to set
off any amount Carayol – Boisgirard - Antonini may owe the
defaulting buyer with the amounts to be paid by the defaulting
Carayol – 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), Carayol – 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 Carayol – Boisgirard - Antonini.
Any reproduction thereof is forbidden and will be considered as
counterfeiting to their detriment.
Furthermore, Carayol – 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.
Any reproduction of Carayol – Boisgirard - Antonini’s catalogue
may therefore constitute an illegal reproduction of a work which
may lead its perpetrator to be prosecuted for counterfeiting by
the holder of copyright on the work.
The sale of a work of art does not transfer to its buyer any reproduction
or representation rights thereof.
7 - Severability
The clauses of these general conditions of purchase are independant
from each other.
Should a clause whatsoever be found null and void, the others
shall remain valid and applicable.
8 - 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.