TERMS OF SALE AND BIDS
Boisgirard - Antonini and Biarritz Enchères are companies
of voluntary auction sales regulated by the law of the 10
July 2000. In such capacity Boisgirard - Antonini and Biarritz
Enchères acts as the agent of the seller who contracts
with the buyer.The relationships between Boisgirard - Antonini
and Biarritz Enchères 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.
Boisgirard - Antonini and Biarritz Enchères are 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 and Biarritz
Enchères 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 and Biarritz
Enchères 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
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 and Biarritz Enchères 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 and Biarritz Enchères 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
and Biarritz Enchères are 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
However, Boisgirard - Antonini and Biarritz Enchères may
graciously accept to receive some bids by telephone
from a prospective buyer who has expressed such a request
before the sale.
Boisgirard - Antonini and Biarritz Enchères 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
For variety of purposes, Boisgirard - Antonini and Biarritz
Enchères 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,
d) Boisgirard - Antonini and Biarritz Enchères 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 stipu- lated
by the seller, Boisgirard - Antonini and Biarritz Enchères reserve
the right to bid on behalf of the seller until the reserve
price is reached.
f) Boisgirard - Antonini and Biarritz Enchères will conduct
auction sales at their discretion, in accordance with established
Boisgirard - Antonini and Biarritz Enchères 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 and
Biarritz Enchères 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
In case of payment by an ordinary draft/check, payment
will be deemed made only when the check will have
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
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
and Biarritz Enchères 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
Boisgirard - Antonini and Biarritz Enchères 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 23% excl. Tax (with VAT
27.60%) of the sale price up to 350 000 Euros. For the books
the commission will be : 23% excl. Tax + 5.5% (with VAT
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 29,60%.
An EEC purchaser who will submit his intra-Community
VAT number will be exempted from paying the VAT on
The payment of the lot will be made cash, for the whole of
the price, costs and taxes, even when an export licence
The purchaser will be authorized to pay by the following
- 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
- 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
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 and Biarritz Enchères
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 and Biarritz Enchères 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
- 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
e) For items purchased which are not collected within
seven days from after the sale (Saturdays, Sundays and
public holidays included), Boisgirard - Antonini and Biarritz
Enchères 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 - Antonini and Biarritz Enchères. 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
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.