CONDITIONS OF SALE
As part of our auction activities, our auction house could collect personal data concerning the seller and the buyer. They have the right to access, rectify and object to their personal data by contacting our auction house directly. Our OVV may use this personal data in order to meet its legal obligations, and, unless opposed by the persons concerned, for the purposes of its activity (commercial and marketing operations). These data may also be communicated to the competent authorities.
These general conditions of sale and everything pertaining to them are governed exclusively by French law. Buyers and their representatives accept that any legal action will be taken within the jurisdiction of French courts (Paris). The various provisions contained in these general conditions of sale are independent of each other. If any one of them is declared invalid, there is no effect on the validity of the others. Participating in this auction implies the agreement with all the conditions set out below by all buyers and their representatives. Payment is due immediately at the end of the sale, payable in euros. A currency conversion system may be provided during the sale. The corresponding foreign currency value provided is merely informative.
DEFINITIONS AND GUARANTEES
Descriptions appearing in the catalogue are provided by MILLON and the Sale Experts and are subject to corrections, notifications and declarations made at the moment the lot is presented and noted in the record of the sale. Dimensions, colours in reproductions and information on the condition of an object are given for information purposes only. All information relating to incidents, accidents, restoration and conservation measures relating to a lot is given to facilitate inspection by the potential buyer and remains completely open to their interpretation. This means that all lots are sold as seen at the moment the hammer falls, including the possible faults and imperfections. An exhibition before the sale is made providing the potential buyers the opportunity to examine the presented lots. Therefore, no claims will be accepted after the hammer has fallen. For lots appearing in the sale catalogue which the lower estimated price is over 2,000 euros, a condition report of the preservation status will be issued free of charge upon request. The information contained at this rapport is merely informative and MILLON and the Sale Experts can in no way be held liable for it. In the case of a dispute at the sale, i.e. two or more buyers have simultaneously made an identical bid for the same lot, either aloud or by signal, and both claim the lot at the same time when the hammer falls, the lot will be re-submitted for auction at the price offered by the bidders and everyone at the room will be permitted to bid once again.
- According to article L321-17 of the French Commercial Code, the statute of limitations of any civil liability actions brought in connection with voluntary sales are limited to five years from the date of the auction.
- Only French law is applicable to this sale. Only the French courts are competent to hear any dispute relating to this sale.
The lots marked with ° include elements of elephant ivory and its sale is possible because the ivory is dated prior to 3/3/1947.
The buyer who wishes to export the object outside the EU will have to obtain from the DRIEE an export permit on their own. This is the buyer’s responsibility.
The telephone bids are a free service provided by MILLON. In this regard, our company accepts no liability for a break in the telephone connection, a failure to connect or a delayed connection. Although MILLON accepts telephone bidding requests until the end of the pre-sale exhibition, it cannot be held liable for mistakes or omissions related to telephone bidding orders.
We inform our customers that telephone conversations during telephone auctions at the Hotel Drouot are likely to be recorded.
MILLION reserves the right to ask for a deposit from bidders at the time of registration.
This deposit will be automatically deducted in the absence of payment by the winning bidder within 15 days after the sale (invoice date).
LIVE BIDDING BY ELECTRONIC PLATFORMS:
Millon cannot be held responsible for the interruption or any other malfunction of any Live service during the sale that could inhibit a buyer from bidding via any electronic platform offering the Live service. The interruption of a Live auction service during the sale is not necessarily justification for the auctioneer to stop the auction.
- for lots acquired via Interencheres.com, the buyer’s fees are increased by 3% pre-tax of the auction price (see Terms and Conditions of Interencheres.com).
- for the lots acquired via the Drouotlive.com platform, the buyer’s fees are increased by an additional 1.5% pre-tax of the auction price (see CGV of the Drouotlive.com platform).
- for lots acquired via Drouotonline.com, the buyer’s fees are increased by 3€ pre-tax per lot (see Terms and Conditions of Drouotonline.com).
- for the lots acquired via Invaluable.com, the buyers’s fees are increased by 3% pre-tax of the auction price (see Terms and Conditions of Invaluable.com).
FEES FOR THE BUYER
The buyer will pay MILLON, in addition to the sale price (hammer price), a sale’s commission of: 21,50% pre-tax or 25,80% all taxe included (ATI).
Current VAT rate of 20%. Total price = sale price (hammer price) + sale’s commission
COLLECTION AND WITHDRAWAL OF PURCHASES, INSURANCE, STORAGE AND TRANSPORT
MILLON will only release the sold lots to the buyer after the complete bill settlement (payment of the invoice including all additional fees). It is up to the successful bidder to insure lots as soon as those are awarded, from that moment, any loss, theft, damage and/or other risks are under their entire responsability. MILLON declines all responsibility for the damage itself or for the failure of the successful bidder to cover its risks against such damage. The successful buyers are invited to collect their lots as soon as possible.
No compensation will be due in particular for any damage of the frames and glasses covering the lots. The pedestals are presentation pedestals and are not an integral part of the piece.
COST OF DELAYED WITHDRAWAL OF PURCHASES
Right of delivery for auctions in other locations (excluding the Hotel Drouot): 2.50 € pre-tax per lot (or 3€ ATI)
These fees will not be charged if payment and withdrawal are made before 7pm CET on the day of the sale.
Any purchase transfer request to our Paris desk offices will be invoiced 30€ pre-tax per lot.
Any purchase transfer request to our Brussels desk offices will be invoiced 10€ pre-tax per invoice.
AUCTIONS IN OUR SVV
We inform our kind customers that furniture, carpets and voluminous objects will be transferred to our storage warehouse called "116" in Neuilly sur Marne (Cf. Storage in our Warehouse), available to buyers after full payment of the invoice.
STORAGE COSTS FOR MILLON’S WAREHOUSE (excluding Drouot*)
MILLON will provide free storage for 60 days. After this deadline, the costs of storage and the transfer from our premises to the ARSITTING warehouse, located at 116 bd Louis Armand - 93330 Neuilly sur Marne, will be charged at the time of the withdrawal of the lots at the following rates:
-10 € pre-tax per lot and per week for storage superior to 1M3
-7 € pre-tax per lot and per week for storage less than 1M3
-5 € pre-tax per lot and per week for storage of objects that “fit in the palm of your hand”
- A personalized rate for long-term storage can be negotiated with a member of ARSITTING or MILLION
*These fees do not apply to lots at the Hôtel Drouot stocking (fees estimated by Hôtel Drouot directly).
FOR ALL INQUIRIES
01 48 00 20 18
FOR ALL INFORMATION
116, boulevard Louis Armand,
116@MILLON.com No shipping or removal of the lot will be possible without the complete settlement of the total costs of storage, handling and transfers. These fees do not apply to the lots deposited at the Hotel Drouot’s warehouse, which depend on the Hôtel Drouot itself.
Purchasers of lots marked with * must pay any duties and taxes in respect of a temporary importation in addition to sale fees and VAT (5,5 % of the hammer price, 20% for jewellery and watches, motorcars, wines and spirits and multiples).
EXPORT FROM FRANCE
The exportation of a lot from France may require a licence. Obtaining the relevant document is the successful bidder’s reponsability. The authorities delay or refusal to issue an export licence is not a justification for the cancellation of the sale, delayed payment or voiding of the transaction. If our company is requested by the buyer or his/her representative to make the export request, all costs incurred will be borne to the buyer. The export formalities (applications for a certificate for a cultural good, export licence) of the subjected lots are the responsibility of the purchaser and may require a delay of 2 to 3 months.
EXPORT FOLLOWING THE SALE
The VAT paid as part of the sale expenses or the amount paid in connection with the temporary import of the lot, may be refunded to the buyer within the legally stipulated period upon presentation of documents proving that the lot purchased has been exported.
PRE-EMPTION BY THE FRENCH STATE
In certain circumstances defined by the law, the French State has right of pre-emption for works sold by public auction. In this case, the French State substitutes itself for the last bidder provided that the declaration of pre-emption made by the State's representative in the auction room is confirmed within fifteen days of the sale. MILLON cannot be held responsible for the French State's pre-emption decisions.
By bidding on a lot through any of the transmission platforms proposed by MILLON, the bidders assume personal responsibility for paying the auction price of this lot, increased by the auction fees and any duties or taxes due. Bidders are deemed to act in their own name and for their own account, unless otherwise agreed prior to the sale and in writing with MILLON.
Subject to the decision of the authorised auctioneer and provided that the final bid is greater than or equal to the reserve price, the last bidder shall become the purchaser, the hammer blow and the pronouncement of the word "sold" shall materialise the acceptance of the last bid and the formation of the contract of sale between the seller and the purchaser. In the event of a dispute by a third party, MILLON may hold the bidder solely responsible for the bid in question and its payment..
COLLECTION OF PURCHASES, INSURANCE, WAREHOUSING AND TRANSPORT
MILLON will only hand over lots sold to the buyer after cleared settlement of the total price. It is the buyer’s responsibility to insure lots immediately upon purchase from that moment the hammer falls, and he/she is the only responsible for loss, theft, damage and other risks. MILLON declines any liability for any damage or for the failure of the buyer to cover damage risks. Buyers are invited to collect their lots as soon as possible.
PAYMENT OF THE TOTAL PRICE
MILLON specifies and reminds that the public auction is a cash sale and that the successful bidder must immediately pay the total amount of his purchase, regardless of his wish to take his lot out of French territory (see "Leaving French territory").
Payment can be made as follows:
- in cash within the limit of 1,000 euros for French residents / 15,000€ for those who have their tax residence abroad (presentation of proof required);
- by bank or postal check with mandatory presentation of a valid identity document (delivery will be possible only twenty days after payment. Foreign checks are not accepted);
- by Visa or Master Card in our desk offices;
- by online payment: https://www.millon.com/paiement-en-ligne
- by bank transfer in euros to the following address:
DIRECT DEBIT: NEUFLIZE OBC
3, avenue Hoche - 75008 Paris
IBAN FR76 3078 8009 0002 0609 7000 469
For the successful bidders who bid via Interenchères.com, MILLON will collect directly on this site the total price of the auction slip within 48 hours after the end of the sale.
Beyond 30 days (after the invoice date), any late payment will result in late payment penalties equal to 3 times the legal interest rate as well as a fixed indemnity for collection costs of 40 euros.
In the event of non-payment, if the sale is cancelled or the object is resold upon re-bidding under the conditions of Article L321-14 of the French Commercial Code, the defaulting bidder shall pay MILLON a lump-sum indemnity corresponding to (i) the amount of the buyer's costs and (ii) €40 in collection costs, as compensation for the loss suffered, without prejudice to additional damages due to the seller.
MILLON also reserves the right to proceed to any compensation with the sums due by the defaulting purchaser or to cash the deposit checks.
SHIPPING OF PURCHASES
We inform our customers that MILLON does not take charge of any shipment of goods after the sales. For any shipment request, MILLON recommends using its partner carrier (THE PACKENGERS - email@example.com) or any other carrier of the customer's choice.
In any event, MILLON shall not be held liable for the shipment of the lot, its handling and storage during transport.
If MILLON agrees to take care of the shipment of a good on an exceptional basis, its liability may not be called into question in the event of loss, theft or accidents, which remains the responsibility of the purchaser. Moreover, this shipment shall only be carried out upon receipt of a letter releasing MILLON from its responsibility for the fate of the item shipped, and shall be at the exclusive financial expense of the purchaser.
The sale of a lot does not entail the transfer of reproduction or representation rights for which it constitutes the material support, if applicable.