CONDITIONS OF SALE
PARTICIPATION IN A FACE-TO-FACE OR DISTANCE SALE IMPLIES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The sale will be made in cash and conducted in Euros.
Buyers will pay, in addition to the bids, a fee of 23% exclusive of tax, i.e. 27.6% inclusive of tax.
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 any corrections announced at the time of presentation of the item and recorded in the sale report.
Descriptions are based on current knowledge.
The order of the catalogue may be modified.
A prior viewing enables buyers to appreciate the condition of the items offered for sale. However, the photographs in the catalogue are deemed to be the exhibition. No claims will be accepted once the sale has been announced. The reproductions of works in the catalogue are as faithful as possible, although differences in colour or tone may occur. 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 representative. The absence of such a reference in the catalogue in no way implies that an item is free of any defect or restoration; moreover, a reference to a particular defect does not imply the absence of all other defects.
The absence of any indication of restoration or accident in no way implies that a piece of jewellery is free from defect. 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 Decree n°2002-65 of 14 January 2002 relating to the trade in gemstones and pearls.
The French text is the official text that will be used in the event of a dispute.
Descriptions in other languages are given for information only. . The state of conservation of the works is not specified in the catalogue. Buyers are therefore required to request additional photos, videos and/or condition reports in order to make their own judgement. No claims will be accepted concerning any restorations or accidents once the auction has been announced. The condition reports requested from the auction house prior to the sale are given for information purposes only. They in no way engage the responsibility of the auction house and cannot be the basis for any legal claim.
Liquid content is not guaranteed, and paintings are deemed to be sold without frames, the condition of which is therefore not guaranteed.
AUCTIONS
The highest and last bidder will be the successful bidder.
In the event of a double bid recognised by the auctioneer, the lot will be reoffered for sale, with all the amateurs present being able to bid for this second auction. In the event of a dispute, the authorised auctioneer reserves the right to award the lot, put it back up for sale or cancel its presentation.
By placing a bid, bidders assume personal responsibility for paying the hammer price immediately, plus 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,
stating that the bidder is acting as agent 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 of bidding live is a service that is different from online sales.
The sale is deemed complete once the award has been made and it is not possible to withdraw.
Purchasers are informed that the State may exercise a right of pre-emption over the works and has a right of withdrawal after a period of examination. In this way, the purchaser can be confirmed after a period without the right of withdrawal.
"The State, at the request and on behalf of a local authority, a group of local authorities or a local public institution, exercises the right of pre-emption in respect of cultural property under the conditions set out in Chapter III of Title II of Book I of the Heritage Code.
TELEPHONE BIDDING: We accept telephone bids from potential buyers who make themselves known before the sale, subject to availability. We cannot 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 ORDERS: We accept bidding orders that have been transmitted subject to a deposit, the amount of which is defined by the auction house. We cannot be held responsible 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.
AUCTIONS VIA DROUOT DIGITAL OR ANOTHER LIVE PLATFORM
Online auctions are available. These are carried out on the drouot.com and/or Invaluable websites, which are technical platforms that enable remote electronic participation in auctions. It is necessary to register in advance and to ensure that the registration is validated. A bidding ceiling may be announced depending on the sale, and a deposit must be made beforehand in order to bid freely during the sale. The purchaser via the Drouot Digital platform (or any other platform proposed for live purchases) is informed that the costs invoiced by these platforms will be borne exclusively by the purchaser.
will be borne exclusively by the buyer. As an indication, for Drouot digital, a commission of 1.80% inc VAT (costs 1.5% exc VAT and VAT); for Invaluable, a commission of 6% inc VAT (costs 5% exc VAT and VAT 1%). Martin-Banel cannot be held responsible for any interruption in service or transmission time.
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 a sale does not necessarily justify the auctioneer stopping the sale.
by the auctioneer.
We therefore invite bidders to leave purchase orders until the day before the sale and to leave a deposit.
COLLECTION OF PURCHASES
Lots that have not been delivered on the day of the sale can be collected by appointment, once payment has been received. Jewellery and watches can only be collected by appointment. Please contact the auction house to arrange an appointment for collection. Unless otherwise specified in this catalogue, the conditions for collecting purchases are as follows:
After a fortnight's free storage at Martin-Banel,
the latter will be invoiced :
- 5 € / day for jewellery and watches.
- 10 € / day for all other items.
Winners are advised to collect their lots by the carrier of their choice as soon as possible in order to avoid these storage charges, which must be paid prior to collection.
The auction house cannot be held liable in any way whatsoever for storage costs.
As soon as the lot is sold, the buyer takes full responsibility for it.
Lots that are not collected within three months are deemed to have been abandoned.
The buyer will be responsible for insuring his acquisitions, and SAS Martin-Banel declines all responsibility for any damage that the object may incur, as soon as the auction has been announced.
The lots will be delivered to the purchaser in person or to a third party designated by the purchaser and entrusted with an original power of attorney and a copy of the purchaser's identity document.
Export formalities (certificate applications for cultural objects, export licences) for lots subject to export regulations are the responsibility of the buyer and may take up to 4 months.
PAYMENT FOR PURCHASES
All bidders undertake to pay personally and immediately the hammer price plus any costs incurred by the buyer.
We strongly recommend that buyers pay by bank transfer (in the case of transfers from abroad, we do not bear the additional bank charges) or by credit card (this latter method may be subject to additional charges).
In accordance with article L.321-14
of the French Commercial Code, an auctioned item cannot be delivered to the buyer until the company has received the price or has been given a full guarantee of payment 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 (on presentation of passport)
- Bank transfer : For the exact amount of the invoice (bank charges are not payable by the firm) from the purchaser's account, quoting the invoice number or the purchaser's name.
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 payable by the study except for French individuals.
Charges for merchants: 1% inc. VAT - Charges outside the EU: 1.68% inc.
- Remote card payments with bank card charges as above.
DEFAULT OF PAYMENT
Payments are made 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 the possibility of a re-bid on the basis of an irresponsible bid:
- the difference between its auction price and the auction price
obtained on resale
- the costs generated by these new bids
Or cancellation of the sale under the same conditions.
The auction house reserves the right to register the defaulting buyer in the bad debt register.
LEGISLATIVE AND JURISDICTIONAL POWERS
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 limitation period of five years from the date of the auction.
These general terms and conditions of purchase are governed solely by French law.
Any dispute concerning their existence, validity, enforceability against any bidder or purchaser, and their performance shall be settled by the competent court in Versailles (France).
If a customer feels that they have not received a satisfactory response, they are advised to contact the auction house at contact@martin-banel.com.
