GENERAL CONDITIONS OF SALE AT PUBLIC AUCTION
BARBAROSSA MAISON DE VENTES acts as an operator of voluntary sales of furniture by public auction governed by articles L 312-4 et seq. of the Commercial Code and the Ministerial Order of 21 February 2012 defining the ethical obligations of operators of voluntary sales.
BARBAROSSA MAISON DE VENTES is the seller's agent. The relationship between BARBAROSSA MAISON DE VENTES and the buyer is subject to the present general terms and conditions of purchase, which may be amended by written or oral notices before the sale and which will be mentioned in the sales report. Participation in the auction, by telephone or by internet, implies the unconditional acceptance of these conditions.
- - Properties offered for sale
Potential buyers are invited to examine the items that may interest them prior to the auction, particularly during the exhibitions. BARBAROSSA Auction House is available to provide condition reports to potential buyers.
The information in the catalogue is established by the auction house and the expert who assists it and is subject to the notifications and rectifications announced at the time of the presentation of the lot and recorded in the sale report. The information concerning the property 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 basis of the seller's indication and BARBAROSSA MAISON DE VENTES cannot be held responsible.
The colours of the works in the catalogue may differ due to the printing process.
The absence of any mention in the catalogue, reports, labels, or verbal announcements of a restoration, accident or incident does not imply that the lot is in perfect condition or free of restoration, wear, cracks, lining or other imperfections. Furthermore, re-canvassing, parquetry or lining, or any other conservation measure, is not systematically reported.
The goods are sold in the condition they are in at the time of the sale and no claims will be accepted after the auction.
Estimates are provided by the Auction House and the Expert for information purposes only and do not confer any guarantee. They cannot be considered as implying the certainty that the property will be sold at the estimated price or even within the estimate range.
- - Auctions
Potential buyers are invited to make themselves known to BARBAROSSA MAISON DE VENTES, before the sale, so that their personal data can be registered.
BARBAROSSA Auction House reserves the right to ask any potential buyer to provide proof of identity and bank details. All bidders are deemed to be acting on their own behalf unless they have previously declared their capacity as agent on behalf of a third party, accepted by BARBAROSSA Auction House.
The usual way to bid is to be present in the auction room. BARBAROSSA Auction House reserves the right to deny access to the auction room to any potential buyer for just cause.
If you are the successful bidder on one or more lots, you authorise BARBAROSSA Maison de ventes, in the event of late payment or cancellation of the sale, to cash the cheque submitted or to use your bank details to proceed with the payment, in part or in full, of your purchases, including the costs to be borne by the buyer, possibly increased by the delivery costs and late payment interest as specified below ("Default of payment").
BARBAROSSA Auction House will take care of telephone bidding and purchase orders free of charge. Under no circumstances can BARBAROSSA Auction House be held responsible for a problem with the telephone connection or a malfunction of the internet or live auction platforms, nor for an error or omission in the execution of the bids.
In the event of two identical purchase orders, the oldest order will be given preference. In the event of bids in the room for an amount equivalent to a purchase order, the bidder present will have priority.
The highest and last bidder will be declared the winner by the "blow of the hammer" followed by the verbal indication "adjudicated". As soon as the auction is pronounced, the sale is perfect and irrevocable and the lots are under the full responsibility of the successful bidder. In application of article L 121-21-8 of the French Commercial Code, the withdrawal period is not applicable to public auctions.
BARBAROSSA Auction House will be authorised to reproduce on the sale report and on the adjudication form the information provided by the successful bidder before the sale. Any false information will engage the responsibility of the successful bidder.
In the event of a double bid recognized by the auctioneer, the lot will be immediately put up for sale again, and any interested person may bid for the second auction.
In the event that a reserve price has been stipulated by the seller, BARBAROSSA Auction House reserves the right to bid on behalf of the seller until the reserve price is reached. The reserve price may not exceed the low estimate given in the catalogue or modified publicly before the sale.
- - Payment of the auction price and costs
The Sale is made in cash and in Euros. Any person who places a bid undertakes to pay personally and immediately the hammer price plus any costs payable by the buyer and any taxes that may be due. The successful bidder must immediately give or confirm his identity and bank details.
In addition to the auction price, the successful bidder (buyer) must pay the following commissions and taxes per lot
-29% VAT included (20% VAT or 24.16% excluding VAT)
-1.8% (20% VAT) of the auction price for auctions via Drouot Live; 3% (20% VAT) of the auction price for auctions via Drouot Live; 3% (20% VAT) of the auction price for auctions via Drouot Live. VAT) of the auction price for auctions via lot-tissimo.com and the-saleroom.com; 5% VAT (20% VAT) of the auction price for auctions via liveauctioneers.com.
The price is also announced verbally at the beginning of the auction.
Taxes (VAT on commissions and import VAT) may be retroceded to the successful bidder upon presentation of proof of export from the European Union.
A successful bidder whose residence or registered office is in the European Union and who has an intra-Community VAT number will be exempt from paying VAT on commissions.
The successful bidder may pay by the following means:
- in cash: up to 1,000 Euros including fees and taxes for French nationals, up to 10,000 Euros including fees and taxes for non-professional foreign nationals on presentation of their identity papers and proof of tax residence;
by cheque with the compulsory presentation of two valid identity documents: in the case of an ordinary cheque, only the cashing of the cheque will be considered as payment.
by bank transfer: bank charges are payable by the successful bidder by credit card: VISA and MasterCard only
foreign cheques are not accepted.
- - Collection of purchases and transfer of risk
No lot will be delivered to the purchasers before full payment has been received. In the event of payment by uncertified cheque or bank transfer, the delivery of the objects will be deferred until they are cashed.
From the moment of the auction, the objects are placed under the full responsibility of the purchaser. It is the buyer's responsibility to insure the lot as soon as it is sold. He cannot hold BARBAROSSA Maison de ventes responsible in case of theft, loss or damage of his lot, after the auction, or in case of insufficient compensation by his insurer.
The lots will be transported to 5, passage Charles Dallery 75010 Paris where they will be kept in deposit free of charge for 14 days, after which time they will be charged €5 excluding VAT per day and per lot as well as €5 excluding VAT per slip.
The Auction House is not responsible for the storage of the items. The transport of the lots is carried out at the expense and under the entire responsibility of the buyer. If necessary, BARBAROSSA Auction House may invoice the buyer for the storage, handling and transport costs that it has had to incur on behalf of the buyer since the date of the auction.
The transport and shipment of the purchased prizes can be organised by :
-The Packengers :
50 rue Ardoin
Parc des Docks - Building H561 93400 Saint-Ouen
GPS location https://goo.gl/maps/twou4BX6iJNzKNtw9 Monday to Friday
Opening hours: 8.30am/12.30pm / 2pm/5pm
103 boulevard Macdonald - 75019 Paris
- - Default of payment
If the buyer fails to pay all the sums due within one month after the sale, and after one unsuccessful formal notice, BARBAROSSA Maison de ventes will initiate a collection procedure. The buyer will be liable to be registered in the File of restrictions of access to auction sales (TEMIS File - www.temis.auction) implemented by the company Commissaires-Priseurs Multimédia (CPM - 37 rue de Châteaudun 75009 Paris) and all the expenses will remain at his expense. From one month after the sale and at the request of the seller, the sale may be cancelled without recourse.
In this case, BARBAROSSA Maison de ventes is entitled to cash the cheque given as a guarantee or to deduct from the bank account of the successful bidder the amount corresponding to the guarantee required in application of the conditions of sale. This sum is acquired on a pro rata basis by the seller of the lot and BARBAROSSA Maison de ventes as partial compensation for their prejudice and losses caused by the default and faults of the successful bidder, without prejudice to additional damages and interest.
In all cases BARBAROSSA Auction House reserves the right to claim from the defaulting bidder :
- interest at the semi-annual key rate on 1 January and 1 July (REFI) of the European Central Bank plus 10 points;
- reimbursement of additional costs incurred as a result of its default, including storage, transport, catalogue, legal and additional flat-rate collection costs, etc;
- the remaining auction fees due on the cancelled sale and the loss suffered by BARBAROSSA Maison de ventes corresponding to the seller's fees;
- the payment of the difference between the original tender price and the
- or the price of the irresponsible bidding if it is lower, as well as the costs generated by the new bids,
- or, the low estimate, if the sale is cancelled by operation of law.
BARBAROSSA Auction House also reserves the right to proceed to any compensation with sums due to the defaulting bidder. BARBAROSSA Auction House reserves the right to exclude from its future sales, any successful bidder who has failed to comply with the present general terms and conditions of purchase.
- - Legislation applicable to cultural goods
The State may exercise, on any public sale of works of art or on any private sale of works of art carried out under the conditions provided for by Article L. 321-9 of the Commercial Code, a right of pre-emption by the effect of which it is subrogated to the successful bidder or the buyer.
The declaration made by the administrative authority that it intends to use its right of pre- emption shall be made, at the end of the sale, to the public or ministerial officer conducting the auction or to the operator authorised to organise the public sale or the sale by mutual agreement.
The decision of the administrative authority must be taken within fifteen days after the public sale or after the notification of the private transaction. BARBAROSSA Auction House cannot be held responsible for the conditions of the pre-emption by the French State.
The export of certain cultural goods is subject to obtaining a certificate of free circulation for a cultural good. BARBAROSSA Maison de ventes and/or the seller cannot be held responsible in case the authorities refuse to issue the said certificate.
- - Legislative and jurisdictional competence
In accordance with article L 321- 17 of the Commercial Code, 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.
All disputes relating to these conditions and sales shall be governed exclusively by French law and submitted to the competent court in Paris, regardless of the place of residence of the buyer or seller.
In order to put an end to a dispute between the Seller and the Buyer after the sale, BARBAROSSA Auction House reserves the discretionary right to acquire the item(s) from the Buyer and to resell it on his behalf, including by public auction, according to the conditions provided for in article L 321-5 II of the Commercial Code.