General terms and conditions
EUVRARD & FABRE SVV acts as an operator of voluntary sales of furniture by public auction governed by Articles L 312-4 and following of the Commercial Code and the Ministerial Order of 21 February 2012 defining the ethical obligations of operators of voluntary sales. The VSC is the seller's agent and its relationship with the bidders is specified by these conditions of sale, which may be amended by written or oral notices before the sale and which will be mentioned in the sale report. Participation in auctions held in the auction room, by telephone or via the Internet implies unconditional acceptance of these conditions.
Online auctions are conducted on the website "https://www.drouotonline.com/", which is a technical platform that enables remote electronic participation in public auctions held in auction rooms. Users wishing to participate in an online auction via the Drouot Live platform must read and accept, without reservation, the terms and conditions of use of this platform (which can be consulted at https://www.drouotonline.com/ ), which are independent of and in addition to these general terms and conditions of sale.
The goods offered for sale: The information given in the catalogue is the responsibility of the auction house and the experts who assist it, taking into account the corrections announced at the time of the presentation of the item and recorded in the sale report. The absence of any mention in the catalogue, reports, labels, or verbal announcements of restoration, accident or incident does not imply that the lot is in perfect condition or free of restoration, wear, cracks, lining or other imperfections. Lining, parquetry or lining are considered as a conservatory measure and not as a defect; dimensions, weights and estimates are indicative. The colours of the works in the catalogue may differ due to the printing process. A prior exhibition allows buyers to see the condition of the items offered for sale. No claims will be accepted after the auction. The SVV is at your disposal for any information, and invites each interested party to inquire about the lots. 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 item will be sold at the estimated price or even within the estimate range.
Bidding
The successful bidder will be the highest and last bidder, and will be required to submit his name and address, together with proof of identity and bank details. All bidders are deemed to be bidding on their own behalf and are held solely responsible for the bidding. If the bidder is bidding on behalf of a third party, he/she must make the identity of this person known beforehand, so that the invoice can be correctly established. No changes may be made after the sale. In the event of a double bid acknowledged by the auctioneer, the lot will be immediately reopened for bidding and any interested party will be invited to participate in the auction again. The auctioneer and the experts reserve the right, in the interest of the sale, to combine, divide or withdraw any lot from the sale.
In the event that a reserve price has been stipulated by the seller, EUVRARD & FABRE 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 in the catalogue or as amended publicly before the sale.
EUVRARD & FABRE will conduct the sale in a discretionary manner, ensuring free bidding and equality between all bidders, while respecting established practices. EUVRARD & FABRE reserves the right to refuse any bid, to organise the auction in the most appropriate way, to move certain lots during the sale, to withdraw any lot from the sale, to combine or separate lots.
EUVRARD & FABRE reserves the right to deny access to the auction room to any potential buyer for just cause.
Purchase order
The auction house can execute any purchase order free of charge. A written request must be made 24 hours before the auction, using the form duly completed and accompanied by a cheque, bank details or a guarantee in the form of a signed cheque made out to SAS EUVRARD & FABRE or a bank card imprint signed by the client for an amount of 30% of the low estimate of the lot(s). For certain sales, different guarantees specified in the special conditions may be required. If the client does not obtain the lot in question, EUVRARD & FABRE undertakes to destroy the cheque, the bank details or the credit card imprint.
EUVRARD & FABRE will act on behalf of the bidder, according to the instructions specified in this form, in order to try to buy the lot concerned at the lowest price, and not exceeding the maximum amount indicated. In case of bids in the room for the same amount, the bidder present will have priority. Telephone bids are accepted for lots with a low estimate of over €300. It is recommended that you specify a security order that we can execute on your behalf in the event that we are unable to reach you. The Auction House is not responsible for failure to execute a purchase order due to error, omission, telephone malfunction or any other cause.
Selling expenses and payment
The successful bidder must pay, in addition to the amount of the bid, per lot, the following fees and taxes:
- 28% including VAT (20% VAT).
- An additional 5.5% temporary import tax charge for lots with an asterisk in front of the lot number.
In certain cases, these charges may be refunded to the buyer.
- 1.8% (20% VAT) of the hammer price for auctions via Drouot Live; 3.60% (20% VAT) of the hammer price for auctions via Interenchères; 3.60% (20% VAT) of the hammer price for auctions via Invaluable.
Payment must be made immediately after the sale:
- in cash (euros) up to €1,000 for French nationals or up to €15,000 for foreign nationals (on proof of identity, of the origin of the funds and of their declaration of the sums with the customs administration, decree no. 2010-662 of 16 June 2010, on presentation of proof of address, tax notice, etc., in addition to the passport).
- by bank cheque (in euros) made out to ADER, with compulsory presentation of a valid identity document. Foreign cheques are not accepted.
- by credit card (Visa, Mastercard).
- by cheque, which must be accompanied by proof of identity; only the cashing of the uncertified cheque is considered as payment and transfer of ownership. Cheques drawn on a foreign bank will only be authorised after prior agreement from the Sales Company. For this reason, buyers are advised to obtain a letter of credit from their bank before the sale for a value close to their intention to buy, which they will send to the Auction House.
- by bank transfer, indicating the slip number
Our bank details:
IBAN : FR76 1751 5900 0008 0127 9765 969
BIC : CEPAFRPP751
- by Visa and MasterCard to the office 14, rue Cler 75007 Paris
No lot will be delivered to the purchasers before full payment has been made.
Means of payment
- by cheque, which must be accompanied by proof of identity; only the cashing of the uncertified cheque is considered as payment and transfer of ownership. Cheques drawn on a foreign bank will only be authorised after prior agreement from the Sales Company. For this reason, buyers are advised to obtain a letter of credit from their bank before the sale for a value close to their intention to purchase, which they will forward to the Auction House.
- in cash up to a limit of €1,000 for French residents, individuals and professionals, and €15,000 for foreign individuals, with proof of identity, the origin of the funds and the declaration of the sums to the customs authorities, Decree no. 2010-662 of 16 June 2010.
- by bank transfer indicating the slip number
- by Visa and MasterCard
EUVRARD & FABRE, sales intermediary, is subject to the obligations of the fight against money laundering and the financing of terrorism in application of article L-561-2 of the Monetary and Financial Code.
VAT
The VAT included in the margin may be refunded to buyers who are not residents of the European Union after sending the VSC the customs export document, copy neme3, stamped by the customs authorities, within two months of the sale. No VAT slip will be issued without official proof of export, as the intra-community VAT number alone is not sufficient.
Default of payment
In the event of non-payment by the successful bidder within three months of the date of the auction and after a formal notice has remained unsuccessful, the item will be put back on sale at the request of the seller on the basis of the defaulting bidder's irresponsible bid.
If the seller does not make this request within three months of the auction, the sale is automatically cancelled, without prejudice to the damages and interest due by the defaulting buyer.
If the successful bidder fails to pay the sums due within the three-month period or if the sale is declared null and void by a court decision, the costs relating to the cancelled sale remain payable by the successful bidder.
In this case, EUVRARD & FABRE is entitled to cash the cheque given as a guarantee or to deduct from the buyer's bank account the sum corresponding to the guarantee required in application of the conditions of sale. This sum is acquired pro rata by the seller of the lot and by EUVRARD & FABRE 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 EUVRARD & FABRE 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 the additional costs incurred by the defaulting bidder, including storage, transport and catalogue costs, legal and additional fixed collection costs, etc;
- the remaining auction fees due on the cancelled sale and the loss suffered by EUVRARD & FABRE corresponding to the seller's costs;
- the payment of the difference between the initial hammer price and
- either the price of the auction on 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 as of right.
EUVRARD & FABRE also reserves the right to proceed with any compensation with sums due to the defaulting bidder. EUVRARD & FABRE reserves the right to exclude from future sales, any successful bidder who has defaulted or who has not respected the present general conditions of purchase.
Irresponsible bidding
In the absence of payment by the successful bidder, the item is put back up for sale at the request of the seller on the basis of irresponsible bidding by the defaulting bidder: if the seller does not make this request within a period of one month from the date of the auction, the sale is automatically cancelled, without prejudice to any damages. Interest due by the defaulting buyer.
Withdrawal of lots
No lot will be handed over before the total amount due has been paid. In the event of payment by uncertified cheque, the collection of the items may be deferred until the cheque has been cashed. Large purchases which have been awarded and which have not been collected from Drouot by 10 a.m. on the day following the sale will be stored in the Hôtel Drouot warehouse; they remain under the sole responsibility of the successful bidder. The storage costs due by the buyer must be paid to the storage company before the lots are removed and on presentation of the paid slip. Smaller items may be kept at the auction house for 15 days after the sale; beyond that, storage costs of 3 euros per day and per item will be charged.
Shipment of lots
The shipment of lots is a facility granted by the SVV to clients, the SVV is not responsible for the transport of lots. The shipping of lots will only be done at the express written request of the buyer after the sale, accompanied by a letter of release, and at his expense.
Export of lots
The export of lots may be subject to the obtaining of authorisations, under the responsibility of the buyer. The obtaining, refusal or delays in obtaining authorisations may not affect the payment deadline or justify the cancellation of the sale.
Legislation applicable to cultural property: The State may exercise, on any public sale of works of art or on any sale by mutual agreement 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, in the hands of the public or ministerial officer conducting the auctions or the operator authorised to organise the public sale or the sale by mutual agreement.
The decision of the administrative authority must be made within fifteen days after the public sale or after the notification of the private treaty transaction. EUVRARD & FABRE cannot be held responsible for the conditions of 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. EUVRARD & FABRE and/or the seller can in no way be held responsible in the event that the said certificate is refused by the authorities.
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 limitation period of five years 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 arising after the sale between the Seller and the Buyer, EUVRARD & FABRE 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 French Commercial Code. For any dispute with an operator during a voluntary sale, a complaint may be made to the Government Commissioner of the Council of Voluntary Sales of Furniture by Public Auction either by post (19 avenue de l'Opéra 75001 Paris), or by internet (http://www.conseildesventes.fr).
In accordance with the French law on information technology and civil liberties of 6 January 1978, amended in 2004, you have the right to access and rectify any information concerning you, which you may exercise by contacting EUVRARD & FABRE. You can also, for legitimate reasons, oppose the processing of your data.
Online auctions are conducted on the website "https://www.drouotonline.com/", which is a technical platform that enables remote electronic participation in public auctions held in auction rooms. Users wishing to participate in an online auction via the Drouot Live platform must read and accept, without reservation, the terms and conditions of use of this platform (which can be consulted at https://www.drouotonline.com/ ), which are independent of and in addition to these general terms and conditions of sale.
The goods offered for sale: The information given in the catalogue is the responsibility of the auction house and the experts who assist it, taking into account the corrections announced at the time of the presentation of the item and recorded in the sale report. The absence of any mention in the catalogue, reports, labels, or verbal announcements of restoration, accident or incident does not imply that the lot is in perfect condition or free of restoration, wear, cracks, lining or other imperfections. Lining, parquetry or lining are considered as a conservatory measure and not as a defect; dimensions, weights and estimates are indicative. The colours of the works in the catalogue may differ due to the printing process. A prior exhibition allows buyers to see the condition of the items offered for sale. No claims will be accepted after the auction. The SVV is at your disposal for any information, and invites each interested party to inquire about the lots. 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 item will be sold at the estimated price or even within the estimate range.
Bidding
The successful bidder will be the highest and last bidder, and will be required to submit his name and address, together with proof of identity and bank details. All bidders are deemed to be bidding on their own behalf and are held solely responsible for the bidding. If the bidder is bidding on behalf of a third party, he/she must make the identity of this person known beforehand, so that the invoice can be correctly established. No changes may be made after the sale. In the event of a double bid acknowledged by the auctioneer, the lot will be immediately reopened for bidding and any interested party will be invited to participate in the auction again. The auctioneer and the experts reserve the right, in the interest of the sale, to combine, divide or withdraw any lot from the sale.
In the event that a reserve price has been stipulated by the seller, EUVRARD & FABRE 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 in the catalogue or as amended publicly before the sale.
EUVRARD & FABRE will conduct the sale in a discretionary manner, ensuring free bidding and equality between all bidders, while respecting established practices. EUVRARD & FABRE reserves the right to refuse any bid, to organise the auction in the most appropriate way, to move certain lots during the sale, to withdraw any lot from the sale, to combine or separate lots.
EUVRARD & FABRE reserves the right to deny access to the auction room to any potential buyer for just cause.
Purchase order
The auction house can execute any purchase order free of charge. A written request must be made 24 hours before the auction, using the form duly completed and accompanied by a cheque, bank details or a guarantee in the form of a signed cheque made out to SAS EUVRARD & FABRE or a bank card imprint signed by the client for an amount of 30% of the low estimate of the lot(s). For certain sales, different guarantees specified in the special conditions may be required. If the client does not obtain the lot in question, EUVRARD & FABRE undertakes to destroy the cheque, the bank details or the credit card imprint.
EUVRARD & FABRE will act on behalf of the bidder, according to the instructions specified in this form, in order to try to buy the lot concerned at the lowest price, and not exceeding the maximum amount indicated. In case of bids in the room for the same amount, the bidder present will have priority. Telephone bids are accepted for lots with a low estimate of over €300. It is recommended that you specify a security order that we can execute on your behalf in the event that we are unable to reach you. The Auction House is not responsible for failure to execute a purchase order due to error, omission, telephone malfunction or any other cause.
Selling expenses and payment
The successful bidder must pay, in addition to the amount of the bid, per lot, the following fees and taxes:
- 28% including VAT (20% VAT).
- An additional 5.5% temporary import tax charge for lots with an asterisk in front of the lot number.
In certain cases, these charges may be refunded to the buyer.
- 1.8% (20% VAT) of the hammer price for auctions via Drouot Live; 3.60% (20% VAT) of the hammer price for auctions via Interenchères; 3.60% (20% VAT) of the hammer price for auctions via Invaluable.
Payment must be made immediately after the sale:
- in cash (euros) up to €1,000 for French nationals or up to €15,000 for foreign nationals (on proof of identity, of the origin of the funds and of their declaration of the sums with the customs administration, decree no. 2010-662 of 16 June 2010, on presentation of proof of address, tax notice, etc., in addition to the passport).
- by bank cheque (in euros) made out to ADER, with compulsory presentation of a valid identity document. Foreign cheques are not accepted.
- by credit card (Visa, Mastercard).
- by cheque, which must be accompanied by proof of identity; only the cashing of the uncertified cheque is considered as payment and transfer of ownership. Cheques drawn on a foreign bank will only be authorised after prior agreement from the Sales Company. For this reason, buyers are advised to obtain a letter of credit from their bank before the sale for a value close to their intention to buy, which they will send to the Auction House.
- by bank transfer, indicating the slip number
Our bank details:
IBAN : FR76 1751 5900 0008 0127 9765 969
BIC : CEPAFRPP751
- by Visa and MasterCard to the office 14, rue Cler 75007 Paris
No lot will be delivered to the purchasers before full payment has been made.
Means of payment
- by cheque, which must be accompanied by proof of identity; only the cashing of the uncertified cheque is considered as payment and transfer of ownership. Cheques drawn on a foreign bank will only be authorised after prior agreement from the Sales Company. For this reason, buyers are advised to obtain a letter of credit from their bank before the sale for a value close to their intention to purchase, which they will forward to the Auction House.
- in cash up to a limit of €1,000 for French residents, individuals and professionals, and €15,000 for foreign individuals, with proof of identity, the origin of the funds and the declaration of the sums to the customs authorities, Decree no. 2010-662 of 16 June 2010.
- by bank transfer indicating the slip number
- by Visa and MasterCard
EUVRARD & FABRE, sales intermediary, is subject to the obligations of the fight against money laundering and the financing of terrorism in application of article L-561-2 of the Monetary and Financial Code.
VAT
The VAT included in the margin may be refunded to buyers who are not residents of the European Union after sending the VSC the customs export document, copy neme3, stamped by the customs authorities, within two months of the sale. No VAT slip will be issued without official proof of export, as the intra-community VAT number alone is not sufficient.
Default of payment
In the event of non-payment by the successful bidder within three months of the date of the auction and after a formal notice has remained unsuccessful, the item will be put back on sale at the request of the seller on the basis of the defaulting bidder's irresponsible bid.
If the seller does not make this request within three months of the auction, the sale is automatically cancelled, without prejudice to the damages and interest due by the defaulting buyer.
If the successful bidder fails to pay the sums due within the three-month period or if the sale is declared null and void by a court decision, the costs relating to the cancelled sale remain payable by the successful bidder.
In this case, EUVRARD & FABRE is entitled to cash the cheque given as a guarantee or to deduct from the buyer's bank account the sum corresponding to the guarantee required in application of the conditions of sale. This sum is acquired pro rata by the seller of the lot and by EUVRARD & FABRE 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 EUVRARD & FABRE 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 the additional costs incurred by the defaulting bidder, including storage, transport and catalogue costs, legal and additional fixed collection costs, etc;
- the remaining auction fees due on the cancelled sale and the loss suffered by EUVRARD & FABRE corresponding to the seller's costs;
- the payment of the difference between the initial hammer price and
- either the price of the auction on 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 as of right.
EUVRARD & FABRE also reserves the right to proceed with any compensation with sums due to the defaulting bidder. EUVRARD & FABRE reserves the right to exclude from future sales, any successful bidder who has defaulted or who has not respected the present general conditions of purchase.
Irresponsible bidding
In the absence of payment by the successful bidder, the item is put back up for sale at the request of the seller on the basis of irresponsible bidding by the defaulting bidder: if the seller does not make this request within a period of one month from the date of the auction, the sale is automatically cancelled, without prejudice to any damages. Interest due by the defaulting buyer.
Withdrawal of lots
No lot will be handed over before the total amount due has been paid. In the event of payment by uncertified cheque, the collection of the items may be deferred until the cheque has been cashed. Large purchases which have been awarded and which have not been collected from Drouot by 10 a.m. on the day following the sale will be stored in the Hôtel Drouot warehouse; they remain under the sole responsibility of the successful bidder. The storage costs due by the buyer must be paid to the storage company before the lots are removed and on presentation of the paid slip. Smaller items may be kept at the auction house for 15 days after the sale; beyond that, storage costs of 3 euros per day and per item will be charged.
Shipment of lots
The shipment of lots is a facility granted by the SVV to clients, the SVV is not responsible for the transport of lots. The shipping of lots will only be done at the express written request of the buyer after the sale, accompanied by a letter of release, and at his expense.
Export of lots
The export of lots may be subject to the obtaining of authorisations, under the responsibility of the buyer. The obtaining, refusal or delays in obtaining authorisations may not affect the payment deadline or justify the cancellation of the sale.
Legislation applicable to cultural property: The State may exercise, on any public sale of works of art or on any sale by mutual agreement 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, in the hands of the public or ministerial officer conducting the auctions or the operator authorised to organise the public sale or the sale by mutual agreement.
The decision of the administrative authority must be made within fifteen days after the public sale or after the notification of the private treaty transaction. EUVRARD & FABRE cannot be held responsible for the conditions of 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. EUVRARD & FABRE and/or the seller can in no way be held responsible in the event that the said certificate is refused by the authorities.
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 limitation period of five years 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 arising after the sale between the Seller and the Buyer, EUVRARD & FABRE 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 French Commercial Code. For any dispute with an operator during a voluntary sale, a complaint may be made to the Government Commissioner of the Council of Voluntary Sales of Furniture by Public Auction either by post (19 avenue de l'Opéra 75001 Paris), or by internet (http://www.conseildesventes.fr).
In accordance with the French law on information technology and civil liberties of 6 January 1978, amended in 2004, you have the right to access and rectify any information concerning you, which you may exercise by contacting EUVRARD & FABRE. You can also, for legitimate reasons, oppose the processing of your data.
