CONDITIONS OF SALE
PARTICIPATION IN THE SALE IN PERSON OR AT A DISTANCE IMPLIES THE ACCEPTANCE OF THE PRESENT 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% VAT excluded, that is 24% VAT included.
The buyers via live platforms will pay, in addition to the bids and the buyers' fees, an additional commission which will be entirely transferred to the platforms (see paragraph: Auctions via Drouot Digital or Invaluable).
On certain lots mentioned, the buyer may be charged for the right of resale fees, which are mentioned in the description of the lot or at the time of the sale and indicated in the minutes.
GUARANTEES
In accordance with French law, the information given in the catalog is the responsibility of SAS Martin-Banel, taking into account the corrections announced at the time of the presentation of the object and recorded in the sale report.
The descriptions are established taking into account current knowledge.
The order of the catalog may be modified.
A preliminary exhibition allows the buyers to see the condition of the goods offered for sale. However, the photos produced in the catalog are valid as an exhibition. No claims will be accepted once the auction is over. The reproductions in the catalog of the works are as faithful as possible, a difference in color or tone is nevertheless possible. The dimensions are given as an indication only.
References in the catalog 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 catalog does not imply that an item is free of all defects or restoration; nor does a reference to a particular defect imply the absence of all other defects. For example, wines and perfume bottles are sold in the state of use without any guarantee of the quality of the contents, some perfumes are sold with the original perfume, others without any guarantee.
The absence of any indication of restoration or accident does not imply that a piece of jewelry is free of defect - It is specified that the origin of the stones and the quality (color and purity of the diamonds) reflect the opinion of the laboratory that issues 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 January 14, 2002 relating to the trade of gemstones and pearls.
The French text is the official text that will be used in case of litigation.
The descriptions in other languages are given as an indication.
. The state of conservation of the works is not specified in the catalog, buyers are therefore required to request additional photos, videos and / or condition reports to make their own judgment. No claims will be accepted regarding possible restorations or accidents after the auction. The condition reports requested from the auction house before the sale are given as an indication as far as possible. They do not engage the responsibility of the auction house and cannot be the basis for any legal claim.
AUCTIONS
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. The auctioneer reserves the right in case of dispute to award the lot, to put it back on sale or to cancel its presentation.
By placing a bid, the bidders assume personal responsibility for paying the hammer price immediately, plus any costs payable by the buyer and any taxes 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.
Important : 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 considered perfect once the adjudication is pronounced and it is not possible to retract.
TELEPHONE BIDDING: We accept telephone bids from potential buyers who have made themselves known before the sale within the limits of the available lines. We cannot 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 reception of bids by telephone.
PURCHASE ORDER : We accept the bidding orders that have been transmitted subject to a deposit whose amount is defined by the auction house. We are not responsible for any error or omission in the written order.
In case of purchase orders for a similar amount on the same lot, the auction house will take into account the first order submitted.
BIDDING VIA DROUOT DIGITAL OR OTHER LIVE PLATFORM
An online bidding possibility is proposed. They are carried out on the drouot.com and Invaluable websites, which are technical platforms that allow remote participation in auctions by electronic means. It is necessary to register beforehand and to ensure that the registration is validated. A bidding ceiling may be announced depending on the sale, it is advisable to deposit a deposit 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% VAT incl. (fees 1.5% VAT excl. and VAT); for Invaluable, a commission of 6% VAT incl. (fees 5% VAT excl. and VAT 1%). Martin-Banel cannot be held responsible for the interruption of a Live service during the sale or for any
Martin-Banel cannot be held responsible for the interruption of a Live service during a sale or for 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 auction being stopped
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, will be collected by appointment, once the payment has been collected, the delivery of the jewels takes place only by appointment. To organize
To arrange a pick-up appointment, please contact the auction house. Except for specific provisions mentioned in the present catalog, the conditions of withdrawal of purchases are as follows:
Beyond a period of fifteen days of free storage at Martin-Banel,
the latter will be invoiced :
- 5 € / day of safe storage for jewelry.
- 2 € / day for all other items.
It is advised to proceed to a removal of their lots by the carrier of their choice as soon as possible in order to avoid these storage fees which are to be paid before the removal.
The auction house is not responsible for the storage of the lots in any way whatsoever.
From the moment of the auction, the object will be under the full responsibility of the buyer.
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 adjudication 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.
The formalities for the export of the lots (application for a certificate for cultural property, export license) are the responsibility of the buyer and may require a delay of 4 months.
The Auction House does not offer a delivery service. The buyer is responsible for the collection and transportation of his purchases. We will be happy to provide you with the contact information of a shipping company. Purchasers must have their lots collected in accordance with our conditions. Any dispute must be made within 30 days after the sale date without exception.
PAYMENT OF PURCHASES
Any person who bids commits himself to pay personally and immediately the hammer price increased by the expenses at the buyer's charge.
We strongly recommend that buyers pay by bank transfer or credit card (the latter method may be subject to additional charges).
INTERNATIONAL buyers MUST USE THE PAYMENT BY TRANSFER (bank charges at their charge)
In accordance with article L.321-14
of the French Commercial Code, an auctioned good 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 residence is abroad (upon presentation of passport)
- Bank transfer : Of the exact amount of the invoice (bank charges are not charged to the study) from the buyer's account and indicating the invoice number or the name of the buyer.
Bank BNP-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 bidder 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 case of resale at a wild auction
- the difference between its auction price and the auction price
obtained during 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 actions initiated in connection with 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 the present general conditions of purchase.
Any dispute relating to their existence, validity, enforceability against any bidder and buyer, and their execution will be decided by the competent court in the jurisdiction of Versailles (France).
If a customer feels that he has not received a satisfactory answer, he is advised to contact the auction house at contact@martin-banel.com
Translated with www.DeepL.com/Translator
