General terms and conditions

The legal name of the "Commissaire-Priseur de ventes volontaires" is "Opérateur de ventes volontaires de meubles aux enchères publiques" (OVV), in accordance with articles L. 321-4 et seq. of the French Commercial Code. The Auctioneer alone is competent to organize and carry out voluntary sales of furniture by public auction and electronic auctions. When the Auctioneer organizes or carries out voluntary sales, he acts as an agent between the seller and the future buyer.
 

Purchasers are subject to these terms and conditions. Participation in the sale implies acceptance of the conditions set out below:
 

LOCATIONS OF SALE

Auctions are organized by SAS NOUVELLE SOCIÉTÉ PBA, which operates the Pierre Bergé & associés brand.

Sales take place at 21 avenue Kléber - 75116 Paris, with the exception of certain off-site sales.

Visitors and buyers alike will be liable for any damage they may cause in any place where a sale organized by Maison de ventes Pierre Bergé & associés takes place.
 

SALE WITHOUT GUARANTEE

The sale takes place without any guarantee as to the condition, quality or functioning of the goods and chattels, unless otherwise specified by the auctioneer and stated in the auction record. All dimensions, weights, capacities, are given as an indication only, and SAS NOUVELLE SOCIÉTÉ PBA cannot be held responsible for any variations. A prior exhibition enables any potential buyer to appreciate the quality of the item sold, and no claim will be accepted once the auction has been announced. Reproductions of works in the catalog are as faithful as possible, although differences in color or tone are possible.

The indications given by the OVV on the existence of a restoration, an accident or an incident affecting the item are provided to allow the potential buyer an easier inspection, but remain nevertheless subject to his personal appreciation. The absence of any such indication does not imply that the item is free from defects or repairs. Repairs (even if not mentioned in the catalog or orally) are considered to be conservatory measures; they cannot therefore be invoked as grounds for depreciation or cancellation of the sale. When the description of a lot is followed by an estimate (in euros), this is given for information only. In the case of clocks and watches, working order is not guaranteed. It is also possible that certain parts have been changed following repairs and overhauls. SAS NOUVELLE SOCIÉTÉ PBA cannot be held responsible for any damage caused to items.
 

TERMS UPON PURCHASE OF AN ITEM
 

1. THE AUCTION

The sale will be made in cash and conducted in euros. The transfer of ownership takes place as soon as the word "adjugé" is pronounced, independently of the fall of the gavel. The normal way to bid is to be present in the auction room. The auctioneer reserves the right to disregard any low or late bid. A late bid is understood to be any bid made after the close of the auction.

The auctioneer is free to determine the order in which bids are to be placed, and bidders are required to comply with this order. The highest and last bidder will be the successful bidder. In the event of a double bid recognized as effective by the OVV, the item will be reoffered for sale, with all bidders present able to participate in this second auction. The official record kept by SAS NOUVELLE SOCIÉTÉ PBA is the only authentic document; the online sales platform's count is of no value.
 

2. PURCHASE ORDERS AND TELEPHONE BIDDING

The auctioneer may take on the free and confidential task of placing bids on behalf of a potential buyer who is absent, or who does not wish to do so himself. In this case, any purchase order or telephone bid request must be sent to the auctioneer up to 2 hours before the sale, accompanied by a copy of the bidder's valid identity document and bank details.

The bidder wishing to place a firm or telephone bid undertakes to offer a minimum price equal to or higher than the low estimate of the lot in which he is interested, even if the telephone connection is not established. In the event that several bids of the same amount have been placed for the same lot, the first bid received will prevail over the others.
 

The bidder may modify or cancel his purchase order or telephone bid request up to 2 hours before the sale. The bidder's request must be made expressly and unequivocally by e-mail to the e-mail address given in the sale notice.
 

Telephone bidding is a service provided by the OVV to customers who are unable to attend the auction in person. The OVV cannot be held liable in any way, particularly if the telephone connection is not established or is established late, or in the event of errors or omissions relating to the receipt of telephone bids.
 

3. LIVE AUCTION
 

In the case of "Live" Internet auctions, potential bidders are reminded that the pace of the live auction will prevail, and priority will be given to the live buyer. The OVV cannot be held responsible for any connection failure or slowness of communication systems.

Online bidders accept that their personal information, as well as any credit card details and imprints, may be communicated by the platforms to the OVV. The OVV reserves the right to request additional information before final registration to bid online.

Any online bid will be considered as an irrevocable commitment to buy.

All online bidders authorize the OVV to use the credit card imprint for partial or full payment of the purchase price, including the usual costs to be borne by the buyer (buyer's costs, droit de suite, VAT, live charges, and, where applicable, storage costs).

The OVV has no knowledge of the amount of secret purchase orders, which are formed automatically and progressively within the limit set by the bidder. The execution of the order is adapted to the current auction price.
Seul le commissaire-priseur définit le pas d’enchères, sauf indication contraire via les plateformes.

Any online bid will be considered as an irrevocable commitment to buy. In the event of simultaneous or final bids of equal value, it is possible that the online bid will not be taken into account if the room bid was earlier. In any case, the auctioneer will be the sole judge of the winning bid and of the adjudication on his official report.

4. RESALE RIGHT

Any resale rights are payable by the buyer in accordance with the legal scale indicated below:

• 4% for the price up to €50,000;
• 3% for the price between €50,000.01 and €200,000;
• 1% for the price bracket between €200,000.01 and €350,000;
• 0.5% for the price bracket between €350,000.01 and €500,000;
• 0.25% for the portion exceeding €500,000.01.

VOLUNTARY SALE FEES
 

Unless otherwise stipulated, purchasers will pay an additional fee of 30% (incl. VAT) on top of the hammer price.

For lots purchased via the Interencheres, Drouot and Invaluable platforms, no additional fees will be charged.

PAYMENT
 

As the sale is conducted in euros, payment for the items and the related taxes are made in euros. Payment must be made immediately after the sale. Lots may be collected only after payment has been received in full. Payment may be made by the following methods:

• By credit card : VISA - MASTERCARD
• By secure online payment on the interencheres.com website
• By bank transfer (euros): in accordance with the bank details shown on the buyer's slip. Purchasers wishing to pay by bank transfer from a bank outside the European Union or the euro zone must pay an additional fee of 20 euros.
• In cash: (Decree of June 24, 2015): Up to €1,000 charges and taxes included for French nationals and for professionals. Up to €15,000 including fees and taxes for foreign natural persons proving their tax domicile outside France.
• By certified bank cheque or cheque in euros drawn on a French bank domiciled in France (valid proof of identity required). In the case of payment by cheque, only the cashing of the cheque constitutes payment. Delivery will only be possible 20 days after payment.

PAYMENT FAILURE
 

Any unpaid sales slip, or one that is 15 days overdue, may be entered in the TEMIS File and restrict the successful bidder's ability to take part in the auction. Important notifications concerning the outcome of the auction are sent to the e-mail and/or postal address declared to the sales structure.

In accordance with the law, in the event of non-payment by the successful bidder, and after formal notice has been served without result, the property may be reoffered for sale at the seller's request, upon reiteration of the bids (formerly known as "folle enchère"). If the seller does not make this request within one month of the auction, the sale is automatically cancelled. The application of this clause does not preclude the payment of damages by the defaulting buyer.
 

The OVV may ask the defaulting bidder :

• Refund of additional costs incurred as a result of default, with a minimum of 250 euros, without prejudice to any interest on overdue payments.

If the sale is cancelled or the bids are repeated :

• Refund of the difference between the initial auction price and the new auction price in the event of resale, if the latter is lower.
• All costs generated by the second auction. The OVV reserves the right to exclude from future sales any buyer who has defaulted or failed to comply with these terms and conditions.

VAT

Lots are sold with or without recoverable VAT for taxable buyers.
 

RESPONSIBILITY FOR LOTS SOLD

Ownership is transferred as soon as the word "adjudged" is uttered. The successful bidder becomes the legal owner and responsible for his lots as soon as the adjudication is pronounced, whatever the circumstances. He thus assumes all risks. Goods not collected will be stored at the buyer's sole expense, risk and peril.
 

PICK-UP AND STORAGE

After payment in full, the buyer will receive an email authorizing him to take possession of his purchase within a maximum of 24 hours (except in the case of special conditions of sale).

The buyer must make an appointment to pick up the lot within 48 hours, and must present the paid receipt and proof of identity.

If the buyer is unable to collect the lot himself, he may have it packaged and shipped at his own expense.

In the event of collection by a third party, the buyer will provide the auctioneer with a liability waiver to enable the auctioneer to pass on the lot to the designated person.

Lots sold are stored free of charge for a period of 15 calendar days after the sale. After this period, a flat fee of €20 (incl. VAT) per slip will be charged. After 30 days, a fee of €5 (incl. VAT) per day and per lot will be charged.

Any lot not collected within one year of its auction will be deemed abandoned and its ownership transferred to the OVV as a guarantee to cover storage costs. After 30 days, and unless expressly agreed otherwise, the item will be deemed to have been abandoned outright. After a reminder by registered letter and without a response within 8 days, the item will be resold on behalf of the successful bidder or original owner if the lot has not been paid for.

DELIVERY

Delivery can be made on request via the service provider Enchères Expéditions: devis@encheres-expeditions.fr / 03 58 23 01 00 or any other service provider of the buyer's choice.
 

FRENCH STATE PREEMPTION

In certain cases defined by law, the French State has a right of pre-emption over sold works, i.e. the right to substitute itself for the last bidder. This right is exercised by a representative of the State immediately after the auction. Any pre-emption must be confirmed within 15 days by the public authority. In the absence of confirmation by the State, the original successful bidder must settle his purchase without delay. The OVV is in no way responsible for the conditions of pre-emption by the French State. The name of the successful bidder will be included in the official bidding record, and they will be required to pay for the lot. The buyer will be reimbursed if the pre-emption is confirmed.
 

PERSONAL DATA
You can find out about and modify any personal data held by the OVV, or object on legitimate grounds to further processing, by sending a written request together with a copy of your identity card to our postal address or to contact@pba-auctions.com.
 

LEGISLATIVE AND JURISDICTIONAL COMPETENCE

The various provisions of our general terms and conditions of sale are independent of each other. The invalidity of any one of them shall not render the others inapplicable. French law alone governs these general terms and conditions of purchase, and the French text will be used in the event of a dispute. Contractual relations between the seller and the OVV are governed by French law. Any dispute will be settled by the competent court.