Conditions de ventes
TERMS OF SALE AND BIDS Boisgirard - Antonini is a company 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 modifi ed by saleroom notices or oral indications given at the time of the sale, which will be recorded in the offi cial 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 Englishspeaking 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. 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 rounding. e) Attributions have been made taking into account scientifi c 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, 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 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 reserves 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 notifi cation, 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 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) Boisgirard - Antonini may accept to execute orders to bid which will have been submitted before the sale and by Boisgirard - Antonini which have been deemed acceptable. Should Boisgirard - Antonini receive several instructions to bid for the same amounts, it is the instruction to bid fi rst received which will be given preference. 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 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 an agent. The reserve price may not be higher than the low estimate for the lot printed in the catalogue. f) Boisgirard - Antonini will conduct auction sales at their discretion, in accordance with established practices. 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, 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 Boisgirard - Antonini , the successful bidder will be the bidder would will have made the highest bid provided the fi nal 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 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. c) So as to facilitate the price calculation for prospective buyers, a currency converter may be operated by Boisgirard - Antonini as guidance. Nevertheless, the bidding cannot be made in foreign currency and Boisgirard - Antonini will not be liable for errors of conversion. 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 confi rms the preemption decision within fi fteen 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 20,90 % excl. Tax of the sale price up to 550 000 Euros and 18,53 % excl. Tax above 550 000 Euros. By credit card, Boisgirard - Antonini , will charge 1 % in addition to the hammer price. 2) Lots from outside the EEC: (identifi ed by an *) In addition to the commissions and taxes indicated above, an additional import VAT will be charged (7% of the hammer price, 19,6% for jewelry). 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 3 000 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) Boisgirard - Antonini will be authorized to reproduce in the offi cial 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 Boisgirard - Antonini has a right of access and of rectifi cation to the nominative data provided to 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 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 reserves the right to claim against the defaulting buyer, at their option: - interest at the legal rate increased by fi ve 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 also reserves the right to set off any amount Boisgirard - Antonini may owe the defaulting buyer with the amounts to be paid by the defaulting buyer. Boisgirard - Antonini reserves the right to exclude from any future auction, any bidder who has been a defaulting buyer or who has not fulfi lled 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 - Antonini. Any reproduction thereof is forbidden and will be considered as counterfeiting to their detriment. Furthermore, Boisgirard - Antonini benefi ts 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 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.