Conditions générales de vente (EN)
TERMS AND CONDITIONS OF SALE
PARTICIPATION IN THE AUCTION IN PERSON OR REMOTELY IMPLIES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The sale will be made in cash (payment upon receipt of the invoice) and conducted in Euros.
In addition to the auction price, buyers will pay a fee of 28.6% including VAT plus any platform fees. 1.80% including VAT via Drouot or Interenchères for online sales and 3.60% including VAT for live sales, 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 provided 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 minutes.
Descriptions are based on current knowledge.
The order of the catalogue may be changed.
A preview exhibition allows buyers to assess the condition of the items offered for sale. However, the photos in the catalogue are equivalent to an exhibition. No claims will be accepted once the auction has been declared. The reproductions of the works in the catalogue are as accurate as possible, but differences in colour or tone are possible. Dimensions are given for information purposes only.
References made in the catalogue description or in the report concerning the condition of the lot, relating to an accident or restoration, are made to facilitate inspection and remain subject to the assessment that should result from a personal examination by the purchaser or their competent representative.
The absence of such a reference in the catalogue does not imply that an item is free from any defect or restoration; Furthermore, a reference to a particular defect does not imply the absence of all other defects.
The absence of any indication of restoration or accident does not imply that a piece of jewellery is free from defects. It is specified that the origin of the stones and their quality (colour and purity of diamonds) reflect the opinion of the laboratory issuing the certificate. No claims will be accepted if another laboratory issues a different opinion, and the auctioneer cannot be held liable.
With regard to the legislation and description of precious stones, please refer to Decree No. 2002-65 of 14 January 2002 on 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 provided for information purposes only.
The condition of the works is not specified in the catalogue, so buyers are required to request additional photos, videos and/or condition reports in order to make their own assessment.
No claims will be accepted regarding any restoration work or accidents once the auction has been declared closed. Condition reports requested from the auction house prior to the sale are provided for information purposes only, where possible. They do not engage the responsibility of the auction house and cannot be used as grounds for legal claims.
Liquid contents are not guaranteed, and paintings are deemed to be sold without their 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 as valid by the auctioneer, the lot will be put back up for sale, and all bidders present may participate in 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 any fees payable by the buyer and any applicable taxes or duties. Unless there is a prior written agreement with the auction house
stating that the bidder is acting as an agent for a third party identified and approved by the auction house, the bidder is deemed to be acting on their own behalf. We remind our sellers that it is prohibited to bid directly on lots belonging to them.
Important: The normal way to bid is to be present in the auction room.
The option to bid live is a service and differs from online sales.
The information collected on the registration forms is mandatory in order to participate in the sale and for the bid to be taken into account and managed.
You may access and correct your personal data, or object to its further processing on legitimate grounds, by sending a written request accompanied by a copy of your identity document to the auction operator by post or email.
The voluntary sales operator is a member of the Central Register for the Prevention of Unpaid Debts of Auctioneers, with which payment incidents may be registered.
The rights of access, rectification and opposition on legitimate grounds are to be exercised by the debtor concerned at Symev, 15 rue Freycinet 75016 Paris.
The sale is deemed final once the auction has been declared and it is not possible to withdraw.
Purchasers are informed that the State may exercise a right of pre-emption on the works and has a right of withdrawal after a period of examination. Thus, the purchaser may 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 with regard to cultural property under the conditions set out in Chapter III of Title II of Book I of the Heritage Code.’
TELEPHONE BIDS: We accept telephone bids from potential buyers who have registered before the sale, within the limits of the lines available. We cannot be held liable if the telephone connection is not established, is established late, or in the event of an error or omission relating to the receipt of telephone bids.
PURCHASE ORDER: We accept bidding orders that have been submitted subject to a deposit, the amount of which is determined by the auction house. We cannot be held liable in the event of an error or omission in the written order.
In the event 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 PLATFORMS
Online bidding is available. Bids are placed on the drouot.com and/or Interenchères websites, which are technical platforms enabling remote electronic participation in auctions. It is necessary to register in advance and ensure that the registration is validated.
A bidding ceiling may be announced depending on sales. A deposit must be paid in advance in order to bid freely during the sale. Buyers using the Drouot Digital platform (or any other platform offered for live purchases) are informed that the fees charged by these platforms will be their sole responsibility. As a guide, for Drouot Digital or Interenchères, a commission of 1.80% including VAT (1.5% excluding VAT and VAT) for live sales and 3% excluding VAT (3.60% including VAT) for online sales; for Invaluable, a commission of 6% including VAT (5% excluding VAT and 1% VAT). Martin-Banel cannot be held responsible for any interruption of service or delay in live transmission during a sale, or any other malfunction that prevents 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 auction.
We therefore invite bidders to leave purchase orders until the day before the sale, leaving a deposit.
Direct bidding and automatic bidding via the LIVE and Online services of the websites https://drouot.com or
-Direct bidding. If you wish to bid online LIVE or Chrono (live or by automatic bidding) during the sale, please register on https://drouot.com or and provide your credit card details (your bank details will not be disclosed to us). You thereby agree that https://drouot.com may disclose to OVV and SCP all information relating to your registration and your credit card details. OVV and SCP reserve the right to request additional information, if necessary, before your registration to bid online is finalised. All online bids shall be considered an irrevocable commitment to purchase.
- Automatic bidding. OVV and SCP are not aware of the maximum amount of your automatic bids via https://drouot.com or . Your bids are placed automatically and progressively within the limit you have set. The execution of the automatic bid is adapted to the pace of the auction based on the bids in progress. The bid increment is defined by the following intervals: up to €19: €5; from €20 to €199: €10; from €200 to €499: €20; from €500 to €999: €50; from €1,000 to €4,999: €100; from €5,000 to €9,999: €200; from €10,000 to €19,999: €500; from €20,000 to €49,999: €1,000; from €50,000 to €99,999: €2,000; €100,000 and above: €5,000.
Payment. In the context of LIVE sales, if you are the successful bidder online via a live auction or through a secret purchase order, you authorise OVV and SCP, if they so wish, to use your credit card details to make partial or full payment for your purchases, including the usual costs payable by the buyer, up to an amount of €1,200. Above this amount, you will receive a 3DS payment link by email. As part of the Online service, you will receive a 3DS payment link by email to pay or settle your bill up to a limit of £10,000.
https://drouot.com or platform service fees
• For voluntary sales in the ‘Art, Decoration & Collectibles’ and ‘Capital Goods’ categories: 3% excluding VAT of the hammer price (i.e. 3.60% including VAT). •
For judicial sales, in the ‘Art, Decoration & Collectibles’ and ‘Equipment’ categories: 1% excluding VAT of the hammer price (i.e. 1.20% including VAT).
• For voluntary and judicial sales of Vehicles, a surcharge of EUR 40 excluding VAT per vehicle (i.e. EUR 48 including VAT per vehicle).
• For charity sales, no service fees.
OVV and SCP cannot guarantee the efficiency of these auction methods and cannot be held liable for any problems. In the event of simultaneous or final LIVE bids of equal value, it is possible that the online bid may not be taken into account if the bid in the auction room was made earlier. In any event, the auctioneer shall be the sole judge of the winning bid and the award of the lot in his report.
Translation. The translation of the description of the goods offered for sale via https://drouot.com or is carried out automatically for information purposes only. OVV and SCP cannot be held liable for it. Only the original version of the description of a good offered for sale shall be deemed authentic.
COLLECTION OF PURCHASES
Lots that have not been delivered on the day of the sale must be collected by appointment, once payment has been received. Jewellery and watches can only be collected by appointment. To arrange a collection appointment, please contact the auction house. Unless otherwise specified in this catalogue, the conditions for collecting purchases are as follows:
After a period of ten days' free storage at Martin-Banel,
storage will be charged per item and not per lot:
- £5/day for jewellery and watches.
- £10/day for all other items.
Successful bidders are advised to arrange for their lots to be collected by a carrier of their choice as soon as possible in order to avoid these storage fees, which must be paid before collection. Shopping does not entail any liability on the part of the auction house.
Once the bid has been accepted, the item will be under the sole responsibility of the successful bidder.
Lots that are not collected within three months will be considered abandoned.
The purchaser shall be responsible for insuring their purchases, and SAS Martin-Banel declines all responsibility for any damage that the item may incur, as soon as the auction has been declared.
Lots will be delivered to the purchaser in person or to a third party designated by them, to whom they will have given an original power of attorney and a copy of their identity document.
Export formalities (applications for cultural property certificates, export licences) for lots subject to such formalities are the responsibility of the purchaser and may take up to four months to complete.
PAYMENT FOR PURCHASES
All bidders undertake to pay the hammer price plus any fees payable by the purchaser personally and immediately.
We strongly recommend that buyers pay by bank transfer (in the case of transfers from abroad, we do not cover additional bank charges) or by credit card (the latter method may be subject to additional charges).
In accordance with Article L.321-14 of the French Commercial Code, an item sold at auction may only be delivered to the buyer once the company has received payment or once it has been given a 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 para. 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: For the exact amount of the invoice (bank charges are not payable by the firm) from the purchaser's account, indicating the invoice number or the name of the purchaser.
BNP Bank, 1, rue du Mal Foch, 78000 Versailles, France.
Account holder: Martin-Banel
IBAN FR76 3000 4034 3600 0101 8371 690
BIC BNPAFRPPXXX
• Credit card: bank charges are not payable by the firm except for French individuals.
Fees for merchants: 1% including VAT - Fees outside the EU: 1.68% including VAT
• Remote card payments with credit card fees as above.
DEFAULT OF PAYMENT
Payments are made in cash.
SAS Martin-Banel will claim interest at the legal rate plus 5 points from the defaulting successful bidder, as well as reimbursement of the additional costs incurred by their default, with a minimum of €500, including the possibility of a re-auction on the grounds of a false bid:
- the difference between their winning bid and the winning bid obtained at the resale
- the costs generated by these new auctions
Or cancellation of the sale under the same conditions. "The voluntary sales operator is a member of the Central Register for the Prevention of Unpaid Debts of Auctioneers, with which payment incidents may be recorded.
The rights of access, rectification and opposition on legitimate grounds are to be exercised by the debtor concerned at Symev, 15 rue Freycinet, 75016 Paris."
LEGISLATIVE AND JURISDICTIONAL COMPETENCE
In accordance with the law, it is specified that all civil liability actions brought in connection with valuations and voluntary and judicial sales of movable property at public auctions are time-barred five years after the auction or valuation.
These general terms and conditions of purchase are governed solely by French law.
Any dispute relating to their existence, validity, enforceability against any bidder or purchaser, and their execution shall be settled by the competent court in the jurisdiction of 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.
