GENERAL CONDITIONS OF SALE AT PUBLIC AUCTION
BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE act as operators of voluntary sales of furniture by public auction governed by Articles L 312 4 et seq. of the French Commercial Code and the Ministerial Order of February 21, 2012 defining the ethical obligations of operators of voluntary sales.
BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE act as agents for the seller. The relationship between BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE and the purchaser is subject to the present general terms and conditions of purchase, which may be amended by written or oral notices prior to the sale and which will be mentioned in the sales report. Participation in auctions held in the auction room, by telephone or via the Internet implies unconditional acceptance of these conditions.
BARBAROSSA Auction House (BAH) is the operator of voluntary sales of furniture by public auction. BAH collects the buyer’s payment. BAH delivers the purchased lots. BAH, the voluntary auction sales operator, takes all measures to ensure the security of voluntary sales by public auction for its customers, in particular when it joins forces with PARISENCHERES COLLIN DU BOCAGE to organize and carry out its sales. BAH is insured for professional liability. BAH, as well as the experts who assist it in the description, presentation and appraisal of goods, are liable during public auction sales, in accordance with the rules applicable to such sales. All appraisers involved in a sale of furniture by public auction for valuable consideration are required to take out professional liability insurance. They are jointly and severally liable with the organizer of the sale insofar as their activity is concerned. In the event of a dispute, their liability may only be sought before the French courts
1 - Goods offered for sale
Potential buyers are invited to examine the goods that may interest them before the auction, and in particular during the exhibitions. Bidders are assumed to have read the auction catalog and the conditions report, which are available on request.
BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE are at the disposal of potential buyers to provide condition reports. The information given in the catalog is established by the Maisons de Ventes and the expert who assists them, and is subject to the notifications and rectifications announced at the time of presentation of the lot and recorded in the sale report. Information concerning the item is based on the state of knowledge at the date of the sale. Information concerning the provenance and/or origin of the item is provided on the seller’s instructions and does not incur the liability of the auction houses. The colors of the works shown in the catalog may vary due to the printing process. Goods are sold in the state they are in at the time of sale and no claim will be accepted after the auction.
2 - Bidding
Prior registration is required to bid. Registration will close on Thursday November 14th at 6:00 pm (Paris time). The bidder’s full contact details must be provided, together with proof of identity and bank details. The bidder must also provide, within the same time limit, a bank letter guaranteeing his solvency and the possession of sufficient assets in the said establishment. PARIS ENCHERES-COLLIN du BOCAGE & BARBAROSSA MAISON DE VENTES reserve the right to accept or refuse bids and the registration of a potential buyer.
BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE will handle telephone bidding and purchase orders free of charge. Under no circumstances can BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE be held responsible for a problem with the telephone link or a malfunction of the internet or live auction platforms, or for an error or omission in the execution of orders received. The present terms and conditions take precedence over the terms and conditions of use of internet auction platforms.
3 - Auction
The highest and last bidder will be declared the successful bidder by the “blow of the hammer” followed by the verbal indication “adjugé”. As soon as the hammer is struck, the sale is final and irrevocable, and the lots are the sole responsibility of the successful bidder. In application of article L 121-21-8 of the French Commercial Code, the withdrawal period does not apply to public auction sales. BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE will be authorized to reproduce the information provided by the successful bidder prior to the sale on the sales report and the adjudication slip. The buyer will be held responsible for any false information. In the event of a double bid recognized by the auctioneer, the lot will be immediately reoffered for sale, and any interested party may bid for the second bid. 3 - Payment of auction price and costs The sale is made in cash and in Euros. All bidders undertake to pay personally and immediately the hammer price, plus any costs to be borne by the buyer and any taxes or duties that may be due. The successful bidder must immediately give or confirm his identity and bank details.
4 - Expenses
In addition to the hammer price, the buyer must pay the following fees:
- 29% incl. VAT (24.16% excl. VAT).
If the buyer decides to place bids via the Internet or on a Live platform, in addition to the above fees, the buyer will be charged an additional fee of 1.8% (incl. VAT) for Drouot LIVE, % for interencheres or 3% (incl. VAT) for Invaluable.
VAT on sales fees may be passed on to the successful bidder on presentation of proof of export outside the European Union.
5 - Withdrawal
Once the sale has been announced, the buyer immediately becomes the custodian of his purchase and assumes full responsibility for it. The lot will not be handed over to the buyer until full payment has been received. As soon as the lot is sold, the buyer takes full responsibility for it. It is the buyer’s responsibility to insure the lot as soon as it is sold. BARBAROSSA MAISON DE VENTES & PARIS ENCHERES / COLLIN du BOCAGE cannot be held responsible in the event of theft, loss or deterioration of the lot after the auction, or in the event of insufficient compensation by the buyer’s insurer.
Two days after the auction, the Apatosaurus will be dismantled and transferred to a storage facility in the Paris region. It will be packed in seven special crates (to international travel standards), which will also contain the modern metal exoskeleton. Storage is free of charge for two months following the sale, then invoiced at 5,000 Euros (excl. VAT) per month.
6 - Default of payment
The provisions of article L. 321 14 of the French Commercial Code apply. The seller will give BARBAROSSA Maison de vente and COLLIN DU BOCAGE PARISENCHERES full power of attorney to act in his name and on his behalf in order, at our discretion, either to sue the buyer for annulment of the sale three months after the sale, or to sue him for execution and payment of the said sale, claiming in addition and in both cases all damages, costs and other sums which we consider desirable.
In the event of non-payment in full one month after the auction, interest charges of 0.2% per month will be applied to the remaining sums due.
The buyer will be liable to registration in the Fichier des restrictions d’accès aux ventes aux enchères (TEMIS File - https://temis.auction) set up by Commissaires-Priseurs Multimédia (CPM - 37 rue de Châteaudun 75009 Paris), and all costs will be borne by the buyer. From one month after the sale and at the seller’s request, the sale may be cancelled without recourse.
