ATELIER DAVID LIPSZYC - TABLEAUX MODERNES & CONTEMPORAINS.

CONDITIONS OF SALE Boisgirard - Antonini Paris 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 and the buyer is subject to the present general terms and conditions of purchase which may be amended by written or oral notices which will be mentioned in the sale report. 1 - The property for sale

1. a ) Potential buyers are invited to examine the goods that may interest them prior to the auction, particularly during the exhibitions. Boisgirard - Antonini Paris is at the disposal of potential buyers to provide them with reports on the condition of the lots.
2. b)All goods are sold as is in the condition they are in at the time of sale with any imperfections or defects. No claim will be made for wear and tear or minor accidents. It is the responsibility of prospective bidders to examine each item prior to the sale and to rely on their own judgment as to whether each item matches the description. Re-canvassing, parquetry, the condition of the frames or lining is a conservatory measure and not a defect and will not be reported. The dimensions are given as an indication, in particular as regards framed works.
3. 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.
4. d)Estimates are provided for informational purposes only and should not be construed as implying any certainty that the property will be sold at the estimated price or even within the range of estimates.
5. e ) Any auction slip that remains unpaid to Boisgirard-Antonini or that has been the subject of a delay in payment may be entered in the TEMIS File.

2 - The sale Bidders can consult the sales catalogs online via the website : boisgirard-antonini.com

1. a ) In order to ensure the proper organization of the sales, potential buyers are invited to make themselves known to Boisgirard, before the sale, so that their personal data can be registered. No purchase order or phone request will be accepted by e-mail. Please go directly to the different platforms available.

Boisgirard - Antonini reserves the right to ask any potential buyer to prove his identity as well as his bank references. Boisgirard - Antonini reserves the right to deny access to the sales room to any potential buyer for just cause.  

1. b ) Any person who places a bid undertakes to pay personally and immediately the auction price plus the costs to be borne by the purchaser and any taxes that may be due.

All bidders are considered to be acting on their own behalf, unless they have previously denounced their capacity as agent on behalf of a third party, accepted by Boisgirard - Antonini.  

1. c ) The normal way to bid is to be present in the auction room.

However, Boisgirard - Antonini may accept bids by telephone from a potential buyer who has 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 relating to the receipt of bids by telephone. Boisgirard - Antonini cannot be held responsible in particular in case of error or omission in the execution of a written order.  

1. d) In the event that a reserve price has been stipulated by the seller, Boisgirard - Antonini reserves the right to bid on behalf of the seller until the reserve price is reached.

 

1. e ) Boisgirard - Antonini will conduct the sale in a discretionary manner while respecting the customs of the auctioneer. 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.  

1. f) Thesuccessful bidder can only obtain delivery of the lot after payment of the full price.
2. g) The User must ensure that he/she has the appropriate technical tools to use the Services and, at a minimum, the following technical recommendations to optimize access to the Services: latest version of existing browsers on the market, a high-speed Internet connection.

  3 - The incidents of the sale

1. 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 be immediately reoffered for sale at the price proposed by the last bidders, and all the public present will be able to make new bids.
2. b)To facilitate the presentation of goods during sales, Boisgirard - Antonini may use video means. The photos in the catalog are not contractual. In the event of a handling error that could lead to the presentation of a different item than the one on which the bids are placed, Boisgirard - Antonini will not be held responsible and will be the sole judge of the necessity to restart the bidding.

4 - Pre-emption by the French State The French State has a right of pre-emption for works sold in accordance with the texts in force. This right is exercised immediately after the hammer is struck, the representative of the State expressing the latter's wish 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 In addition to the auction price, the buyer will have to pay the following commissions and taxes per lot

1. Lots from the European Union:

Les frais sont de 30 %TTC. Les frais pour les livres sont de 26.37 % TTC Les lots précédés d’un. are sold by an associate or by a collaborator of the auction house. These fees 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.

1. b ) Lots marked with an * will be subject to an additional VAT of 5.5% if they remain in France or in the European Union. The import VAT may be retroceded to the buyer on presentation of proof of export outside 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 upon presentation of their identity papers. - By bank transfer. - By credit card: VISA - MASTERCARD.

1. c) Les achats effectués via DROUOT LIVE seront assujettis à des frais acheteur de 1,5% HT en sus des frais de 30%TTC

Purchases made through InterAuction, Invaluable and 51BidLive seront assujettis à des frais acheteurs de 3%HT  en sus des frais de 30 %TTC. Les achats effectués via DROUOT ONLINE seront assujettis à des frais acheteurs de 3%HT en sus des frais de 30%.TTC

1. d)In the event that the successful bidder has not registered before the sale, he will have to communicate the necessary information as soon as the lot is awarded.
2. e)It will be the responsibility of the successful bidder to insure the lot from the time of the auction. He will not be able to take recourse against Boisgirard-Antonini, in the event of theft, loss or deterioration of his lot, after the adjudication.
3. f)The lot will be delivered to the buyer only after full payment of the price, fees and taxes. In the meantime, Boisgirard - Antonini may charge the buyer a deposit fee for the lot, and possibly handling and transport fees.

À défaut de paiement par l’adjudicataire, après mise en demeure restée infructueuse, le bien est remis en vente à la demande du vendeur sur folle enchère de d’adjudicataire défaillant ; si le vendeur ne formule pas cette demande dans un délai d’un mois à compter de l’adjudication, la vente est résolue de plein droit, sans préjudice de dommages intérêts dus par l’adjudicataire défaillant. En outre, Boisgirard – Antonini se réserve de réclamer à l’adjudicataire défaillant, à son choix : – des intérêts au taux légal majoré de cinq points. – le remboursement des coûts supplémentaires engendrés par sa défaillance. – le paiement de la différence entre le prix d’adjudication initial et le prix d’adjudication sur folle enchère s’il est inférieur, ainsi que les coûts générés par les nouvelles enchères. Boisgirard – Antonini se réserve d’exclure de ses ventes futures, tout adjudicataire qui aura été défaillant ou qui n’aura pas respecté les présentes conditions générales d’achat. Il est vivement demandé aux adjudicataires de procéder à un enlèvement le plus rapide possible de leurs achats, afin de limiter les frais de stockage qui sont à leur charge Certains lots descendent au magasinage de Drouot /Paname Service – FRAIS DE DOSSIER ET DE STOCKAGE A LA CHARGE DE L’ACQUEREUR. Voir directement avec le magasinage de Drouot /Paname Service L’entreposage des lots ne saurait engager en aucune façon la responsabilité de la SVV Boisgirard – Antonini. Pour les ventes à Drouot, les objets sont à retirer au magasinage de l’Hôtel Drouot, dont les frais sont à la charge des acheteurs. Pour les ventes Live les lots sont stockés chez Paname services ; Pour les retirer prendre rendez-vous 0148462727 ou contact@panameservice.fr  . Tout lot non vendu et non retiré dans le mois qui suit la vente, sera placé au garde-meuble. Costs to be paid by the successful bidder. L’ETUDE NE S’OCCUPE PAS DES ENVOIS    

1. f ) Watch warranties

The working condition is not guaranteed. It is possible that some batches include non-original parts due to repairs or revisions of the watch or clock.   6- Online Payment & Advance Deposit An online payment form allows the user to pay his auctions remotely by simply indicating the number of the slip to be paid, its amount, as well as his name and email address. The payment operations are carried out by the Auction House through its payment provider: Ingenico, PCI-DSS certified.

1. a)Obligations of the potential Bidder :

The latter must ensure that he has the technical tools adapted to the use of the Services and, at least, the following technical recommendations allowing to optimize the access to the service The Sales House can in no way be held responsible in the event of incidents linked to incorrect information provided by the user.

1. b)Personal data:

The Sales House undertakes to comply with the regulations in force applicable to the processing of personal data and in particular, the Regulation (EU) 2016/679 (RGPD) 7 - Intellectual property - reproduction of works Boisgirard - Antonini is the owner of the reproduction right of their catalog. Any reproduction of the latter is prohibited and constitutes an infringement to its detriment. 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 has not fallen into the public domain. The Auction House is the sole owner of all the rights relating to the contents of the Site and in particular all the copyrights on the contents that it puts online on its site. The User is prohibited from reproducing, representing, extracting or using in any way whatsoever all or part of the Site or its content and in particular the catalogs without having obtained prior written authorization from the House of Sale, under penalty of having legal action for infringement taken against him/her. 8- Responsibility of the auction house Boisgirard-Antonini makes every effort, within the framework of its obligation of means relative to the functioning of the Site, to keep it accessible. Nevertheless, access to the Site may be modified, suspended or interrupted temporarily or permanently, due to technical maintenance operations, migration, breakdowns or constraints related to the functioning of the Internet without these operations giving rise to any right to compensation. Boisgirard-Antonini shall not be held liable for any malfunction or impossibility of access to the services attributable to the user's access provider, to Internet network congestion, to unsuitable equipment, to maintenance or updating of the services or to any other circumstance beyond the control of the Sales House. 9- 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). 10- Leaving French territory The removal of a lot from France may be subject to an administrative authorization. Obtaining the relevant document is the sole responsibility of the auctioneer of the lot concerned by this provision. Delay or refusal by the administration to issue exit documents will not justify the cancellation of the sale, nor a delay in payment, nor a resolution. 11- CITES Each ivory lot sold at auction will be subject to a CITES declaration, including the contacts of the seller and the buyer.  12- TEMIS Boisgirard-Antonini uses the TEMIS platform operated by the company Commissaires-Priseurs Multimédia, for the purpose of managing the collection of unpaid slips. In this context, in the event of late payment, personal data relating to the bidders or their representatives (in particular the identity and contact details of the bidders, information relating to the sale, slips) may be communicated to CPM for the purpose of managing the amicable collection of debts. CPM acts as a processor within the meaning of the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016).

• PAYMENT INCIDENTS - AUCTION ACCESS RESTRICTION FILE (TEMIS)

Any auction slip remaining unpaid after Boisgirard-Antonini or having been the subject of a delay in payment is likely to be registered in the File of restrictions of access to auction sales ("TEMIS File") implemented by the company Commissaires-Priseurs Multimédia (CPM), a limited company with a board of directors, having its registered office at (75009) Paris, 37 rue de Châteaudun, registered in the Paris Trade and Companies Register under the number 437 868 425 The TEMIS File may be consulted by all auction houses operating in France that subscribe to this service. The list of TEMIS subscribers can be consulted on the website www.interencheres.com, menu "Buy by auction", section "Auctioneers". Registration in the TEMIS File may result in the limitation of the bidder's ability to bid with TEMIS Professional Subscribers. It shall also result in the temporary suspension of access to the "Live" service of the www.interencheres.com platform managed by CPM, in accordance with the general terms of use of this platform. In the event that a Bidder is registered in the TEMIS File, Boisgirard-Antonini may condition access to the auctions it organizes on the use of specific means of payment or guarantees or temporarily refuse the Bidder's participation in auctions for which these guarantees cannot be implemented. Bidders wishing to know whether they are registered in the TEMIS File, to contest their registration or to exercise their rights of access, rectification, deletion, limitation and opposition in accordance with the applicable legislation on the protection of personal data, may send their requests in writing, providing proof of their identity by producing a copy of an identity document: - For entries made by Boisgirard-Antonini  : in writing to [contact details of Boisgirard-Antonini - For registrations made by other Professional Subscribers : par écrit auprès de Commissaires-Priseurs Multimédia 37 rue de Châteaudun, 75009 Paris ou par e-mail contact@temis.auction.   L’Enchérisseur dispose également du droit de saisir la Commission nationale de l’informatique et des libertés (CNIL) [3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, www.cnil.fr] d’une réclamation concernant son inscription au Fichier TEMIS. Pour en savoir plus sur le Fichier TEMIS, l’enchérisseur est invité à consulter nos conditions générales de ventes. Les notifications importantes relatives aux suites de l’adjudication seront adressées à l’adresse e-mail et/ou à l’adresse postale déclarée par l’enchérisseur auprès de la structure lors de l’adjudication. L’enchérisseur doit informer Boisgirard-Antonini   de tout changement concernant ses coordonnées de contact. »               Terms of sale and bids   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  

1. 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.  

1. b ) Description of the lots resulting from the catalog, 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. All dimensions are given as an information only.

 

1. c ) The statements made by 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. Frames and dimensions are not guaranteed. The absence of statements Boisgirard - Antonini by relating to a restoration, mishap or harm, whether made in the catalog, 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.  

1. 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.

 

1. 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  

1. 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.  

1. 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.  

1. 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/responsibility 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.  

1. d) Boisgirard - Antonini will bear no liability/responsibility in case of mistakes or omission of performance of the written order.

 

1. 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.

 

1. 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 organize 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  

1. a) In case two bidders have bidden vocally, by means 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.

 

1. 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/responsibility 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   In addition to the lot's hammer price, the buyer must pay the following costs and fees/taxes :  

1. a ) Lots from the EEC :

The buyer must pay Boisgirard – Antonini, in addition to the hammer price, commission of 30 % of the sale price. For the books the commission will be  26.37 % TTC By credit card, Boisgirard – Antonini, will charge 1% in addition to the hammer price.  

1. b ) 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.

 

1. c) All the bidders that won lots throught DROUOT LIVE will have fees of 30% TTC + 1.5% HT All the bidders that won lots throught INTERENCHERE, INVALUABLE,51BIDLIVE, DROUOT ONLINE will have fees of 30% TTC+3%HT

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 credit card : VISA, MASTERCARD.  

1. d) 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.

 

1. e ) The lot must 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.

 

1. f) 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 "folle enchère procedure" 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.

1. 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.

The storage is not a free service.   7 - Intellectual Property Right - Copyright The copyright in any and all parts of the catalog 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 catalog, even though the copyright protection on an item has not lapsed.   9- 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.   10- CITES Every lot in Ivory will be declared on behalf of the CITES organization, where the names of the buyer and the seller will be given.