CONDITIONS OF SALE
PARTICIPATION IN THE FACE-TO-FACE OR DISTANCE SELLING IMPLIES THE ACCEPTANCE OF THESE CONDITIONS.
The sale will be made in cash and conducted in Euros.
The buyers will pay, in addition to the bids, a fee of 20% (excluding VAT) or 24% (including VAT).
Buyers via live platforms will pay, in addition to the bids and buyers' fees, an additional commission which will be paid in full to the platforms (see paragraph: Auctions via Drouot Digital or Invaluable).
GUARANTEES
In accordance with French law, the information given in the catalogue is the responsibility of SAS Martin-Banel, taking into account the corrections announced at the time of the presentation of the item and recorded in the sale record.
The descriptions are based on current knowledge.
The order of the catalogue may be changed.
A prior exhibition allows buyers to see the condition of the goods offered for sale. However, the photos produced in the catalogue are valid as an exhibition. No claims will be accepted once the auction has been completed. The reproductions of the works in the catalogue are as accurate as possible, although differences in colour or tone may occur. The dimensions are given as an indication only.
References in the catalogue description or condition report to accident or restoration are made to facilitate inspection and are subject to the personal examination of the buyer or his competent representative.
The absence of such a reference in the catalogue in no way implies that an object is free of any defect or restoration; nor does a reference to a particular defect imply the absence of all other defects.
The absence of an indication of restoration or accident does not imply that a piece of jewellery is free of defects. It is specified that the origin of the stones and the quality (colour and purity of the diamonds) reflect the opinion of the laboratory issuing the certificate. No claim will be accepted if another laboratory issues a different opinion, and the auctioneer cannot be held responsible.
Concerning the legislation and description of gemstones we invite you to consult the Decree n°2002-65 of 14 January 2002 concerning the trade of gemstones and pearls.
The French text is the official text which will be used in case of litigation.
Descriptions in other languages are given as an indication.
. The state of conservation of the works is not specified in the catalogue, so buyers are required to ask for additional photos, videos and/or condition reports in order to make their own judgement. No claims will be accepted regarding any restorations or accidents once the auction has taken place. The condition reports requested from the auction house before the sale are given as an indication as far as possible. They do not commit the auction house to any responsibility and cannot be the basis for any legal claim.
AUCTION
The highest and last bidder will be the successful bidder.
In the event of a double bid recognized by the auctioneer, the lot will be put up for sale again, with all the amateurs present being able to bid for this second auction. In the event of a dispute, the auctioneer reserves the right to award the lot, reoffer it for sale or cancel its presentation.
By placing a bid, bidders assume personal responsibility for paying the hammer price immediately, plus any costs payable by the buyer and any taxes or duties due. Unless there is a written agreement with the auction house prior to the sale,
mentioning that the bidder is acting as a proxy for a third party identified and approved by the auction house, the bidder is deemed to be acting in his own name. We remind our sellers that it is forbidden to bid directly on lots belonging to them.
Please note: The normal way to bid is to be present in the auction room.
The possibility to bid live is a service and different from online sales.
The sale is deemed to be complete once the award is made and it is not possible to withdraw.
TELEPHONE BIDDING: We accept telephone bids from a potential buyer who has made himself known prior to the sale, subject to the availability of lines. We shall not be held responsible in particular if the telephone connection is not established, is established late, or in the event of an error or omission relating to the receipt of bids by telephone.
PURCHASE ORDER: We accept bidding orders that have been transmitted subject to a deposit, the amount of which is defined by the auction house. We shall not be held liable for any errors or omissions in the written order.
In the event of purchase orders for a similar amount for the same lot, the auction house will take into account the first order submitted.
BIDDING VIA DROUOT DIGITAL OR OTHER LIVE PLATFORM
Online bidding is available. These are carried out on the websites drouot.com and Invaluable, which are technical platforms that allow remote electronic participation in auctions. It is necessary to register in advance and to ensure that the registration is validated. A bidding limit may be announced depending on the sale, a deposit must be made beforehand in order to bid freely during the sale. The buyer via the Drouot Digital platform (or any other platform proposed for live purchases) is informed that the fees charged by these platforms
will be at his exclusive charge. As an indication, for Drouot Digital, a commission of 1.80% inc. VAT (1.5% exc. VAT and costs); for Invaluable, a commission of 5% inc. Martin-Banel shall not be held responsible for the interruption of a Live service during the sale or for any
service during a sale or any other malfunction that may prevent a buyer from bidding via a technical platform offering the Live service. The interruption of a Live auction service during the course of a sale does not necessarily justify the auctioneer stopping the auction.
by the auctioneer.
Therefore, we invite bidders to leave purchase orders until the day before the sale by leaving a deposit.
WITHDRAWAL OF PURCHASES
Lots that have not been delivered on the day of the sale can be collected by appointment, once payment has been received. The delivery of jewellery can only take place by appointment. To arrange
To make an appointment for collection, please contact the auction house. Except for specific provisions mentioned in the present catalogue, the conditions of withdrawal of purchases are as follows:
After a period of fifteen days of free storage at Martin-Banel,
the latter will be invoiced :
- 5 € / day of safe storage for jewellery.
- 2 € / day for all other items.
It is recommended that the successful bidders collect their lots by the carrier of their choice as soon as possible in order to avoid these storage costs, which must be paid before collection.
The auction house is not liable for storage costs in any way whatsoever.
As soon as the item is sold, the buyer is fully responsible for it.
The buyer will be responsible for insuring his acquisitions, and SAS Martin-Banel declines all responsibility for any damage that the object may incur, and this as soon as the auction is pronounced.
The lots will be delivered to the buyer in person or to a third party designated by him and to whom he will have given an original power of attorney and a copy of his identity card.
Export formalities (application for a certificate for a cultural object, export licence) of the lots subject to the auction are the responsibility of the buyer and may require a delay of 4 months.
PAYMENT OF PURCHASES
All bidders undertake to pay the hammer price plus expenses immediately and personally.
We strongly recommend that buyers pay by bank transfer or credit card (the latter method may be subject to additional charges).
In accordance with article L.321-14
of the French Commercial Code, an auctioned item can only be delivered to the buyer when the company has received the price or when any guarantee has been given on the payment of the price by the buyer.
Legal means of payment accepted by the accounting department:
- Cash: (article L.112-6; article L.112-8 and article L.112-8 al 2 of the monetary and financial code)
- Up to €1,000
- Or up to €15,000 for individuals whose tax domicile is abroad (upon presentation of passport)
- Transfer : For the exact amount of the invoice (bank charges are not payable by the firm) from the buyer's account and indicating the invoice number or the name of the buyer.
BNP Bank-1, rue du Mal Foch-78000-Versailles-France.
Account holder : Martin-Banel
IBAN FR76 3000 4034 3600 0101 8371 690
BIC BNPAFRPPXXX
- Bank card: bank charges are not charged to the study except for French individuals.
Fees for merchants: 1% inc. VAT - Fees outside the EU: 1.68% inc.
- Remote card payments with bank card fees as above.
DEFAULT OF PAYMENT
Payments are in cash.
SAS Martin-Banel will claim from the defaulting buyer interest at the legal rate plus 5 points and the reimbursement of additional costs incurred by his default, with a minimum of 500€, including in the event of resale at irresponsible bidding:
- the difference between its auction price and the auction price
obtained at the time of the resale
- the costs generated by these new auctions
LEGISLATIVE AND JURISDICTIONAL COMPETENCE
In accordance with the law, it is specified that all civil liability claims arising from auctions and voluntary and judicial sales of furniture by public auction are subject to a five-year statute of limitations from the date of the auction.
French law alone governs these general conditions of purchase.
Any dispute relating to their existence, their validity, their enforceability against any bidder and purchaser, and their execution shall be decided by the competent court in the jurisdiction of Versailles (France).
If a client feels that he has not received a satisfactory response, he is advised to contact the auction house at contact@martin-banel.com
