TERMS AND CONDITIONS
CONDITION OF THE OBJECTS
We have provided information on the condition of the objects in accordance with
our means. Goods are sold in the condition they are found at the time of sale. The
condition of the items noted in the catalogue is on a strictly indicative basis. In cases
where there is no note in the catalogue, this in no way implies that the lot is in perfect
condition or does not need to be restored, have wear and tear, cracks, require relining
or contain other imperfections. As an opportunity is afforded to examine the items
described in the catalogue in the form of an exhibition, no claims will be accepted
with respect to the condition thereof, once the auction has been completed and the
item handed over. Re-Lining, cradling, and lining are considered to be a conservation
measure, not a defect. On request, a report on the condition of the item can be
provided for lots whose value is estimated at above €1000. Estimations are provided
on a purely indicative basis. The information on the source/ origin of the item is
provided by the seller and O.V.V. Giquello may not be held liable for this.
Payment shall be made in full in euros. Pursuant to EU Directive 2022/542, all
lots are sold under the General Regime.
In addition to the hammer price per lot and per price bracket, buyers shall be
required to pay the following taxes and charges:
25% excl. VAT from 1 € to 500,000 €
20.5% excluding VAT above 500,001 €
The 5.5% VAT is calculated on the buyer’s premium before taxes AND on the
hammer price.
For lots marked with the symbol Δ, buyers will pay, in addition to the hammer
price per lot and per price bracket, the following commissions and taxes:
- 25% excluding tax on amounts from 1€ to 500,000 €, or 30% including tax
- 20.50% excluding tax on amounts over 500,001 €, or 24.60% including tax
VAT (20%) is in addition to the commission excluding tax.
BIDDING
All bidders who wish to make an offer or bid by telephone may send a request, by
post, email or fax to O.V.V. Giquello, along with their bank details. The telephone
auctions are a free service provided to customers who are not in a position to attend.
O.V.V. Giquello and its staff cannot be held liable in the event of a problem with the
telephone connection. When two bids are identical, priority is given to the first bid
received. In the event of auction, the price to be paid is the auction price, plus fees, in
accordance with the applicable conditions at the time of sale.
ONLINE AUCTIONS
A facility for online auctions is provided. Auctions are carried out on the www.
drouotlive.com website, a technical platform for remote participation in public
auctions taking place in the auction rooms. Auctions press is the partner company
for users of Drouot Live. Users wishing to participate in online auctions via the
Drouot Live platform must familiarize themselves, and accept, without reservation,
the conditions of use of this platform (available at https://drouotlive.com), which are
independent and additional to the present terms and conditions of sale.
PURCHASER
I/The purchaser shall be the highest and last bidder provided that the auction price
is equal to or greater than any reserve. If a reserve price has been stipulated by the
seller, O.V.V. Giquello reserves the right to make bids on behalf of the seller until the
last auction increment below that amount, either by making successive bids, or by
making bids in response to other bidders. However, the seller will not be permitted
to make bids either directly or through an agent. The fall of the hammer marks the
end of the auction and the word “sold” or any other equivalent shall result in the
formation of a contract between the seller and the last accepted bidder. In the event
of a dispute at the end of the bidding, i.e. If it has been established that one or more
bidders simultaneously made an equivalent bid, either aloud, or by making a sign,
and claim the item after “sold” is pronounced, the object will be immediately put to
auction again at the price offered by the bidders and the public will be invited to bid
again. Once sold, the items become the sole responsibility of the buyer.
The buyer should take measures to ensure that the lot is insured as of the purchase.
The buyer may not hold O.V.V. Giquello, liable in the event of loss, theft or damage to the lot.
II/Lots from outside the EU under the temporary admission scheme: (marked
by a Ɵ in the catalogue and/or stated at the beginning of the sale process). To the
commissions and taxes indicated above at the beginning of the sale conditions,
additional costs of 5.5 % pre-tax should be added to the auction price or 20 % pre-tax
for jewels and watches, wines and spirits, multiples and automobiles, additional costs
increased by VAT currently 20% (5.5% for books).
III /Reimbursement conditions for the additional costs and VAT (cf: 7th VAT Directive
applicable on 01.01.1995)
A/ If the lot is exported to a non-member state of the EU, the additional costs and
VAT on the commissions and on the additional costs may be reimbursed to the buyer
non-resident of the EU on presentation of proof of export outside the EU providing
the buyer has sent to SARL Giquello et Associés copy n°3 of the customs export form
and that this export took place within two months as from the auction date (beyond
this deadline, no reimbursement will be possible). O.V.V. Giquello should be shown as
the sender of the said customs document.
B/ If the lot is delivered in a member state of the EU, the VAT on the commissions
and on the additional costs may be reimbursed to an EU buyer who proves having
an Intracommunity VAT number and a document proving delivery in their member
state subject to providing proof of transport from France to another member state,
within one month as from the sale date (beyond this deadline, no reimbursement will
be possible).
PAYMENT
The buyer is required to pay in full and provide their name and address. In accordance
with TRACFIN rules, payment may not be made by a third party. In the event of
payment by non-certified cheque, the delivery of the items may be postponed until
the cheque has been processed. A number of weeks may be required. The buyers
may not take delivery of their purchases until payment has been received by the bank.
Cheques from foreign banks will only be authorised after prior agreement by the
Auction House. To that end, buyers are encouraged to obtain, before the auction, a
letter of credit from their bank for an approximate value of the amount they intend
to spend, to be provided to the Auction House. Payment in cash in accordance with
Decree n°2010-662 of 16 June 2010 pursuant to Article L. 112-6 of the Monetary and
Financial Code on the prohibition on payment in cash for certain debts. For exports
outside the EU, reimbursement of VAT may only be obtained after obtaining proof that
the item has been exported within 2 months of the sale. Reimbursement will be made
in the name of the buyer. (cf: 7th VAT Directive applicable as of 01.01.1995). Buyer
slips are payable at the reception. Failing payment within 30 days, O.V.V. Giquello may
require as of right and without any prior notice, the payment of compensation of € 40
for recovery costs (Art L 441-3 and Art L 441-6 of the Commercial Code).
FAILURE TO MAKE PAYMENT
In accordance with the provisions of Article L. 321-14 of the Commercial Code, should
the buyer fail to make the payment, after notice has remained without effect, the item
will be placed for sale on the request of the seller for false bidding; if the seller does
not formulate a request within one month of the auction, they give us all rights to act
in their name and on their behalf, as we choose, to pursue the buyer for cancellation
of the sale three months after the sale, or to pursue execution of the payment of the
said sale, in both cases claiming all damages and interest, fees and other sums we
deem to be desirable.
CULTURAL ITEMS
The French State has a pre-emptive right to purchase art works or private documents
offered for sale to the public. The exercise of this right applies just after the hammer
falls, and the State representative notifies their intention to acquire the item and
to substitute itself for the highest bidder, and must confirm the acquisition within
15 days. Giquello et Associés will not accept liability with respect to the conditions
of preemptive acquisition by the French State. Export of certain cultural goods is
subject to the acquisition of a certificate of free circulation for cultural goods. Under
no circumstances may the time required to obtain the certificate be invoked to justify
late payment. Under no circumstances may O.V.V. Giquello and/or the Seller be held
liable should the authorities refuse to deliver the said certificate.
FOSSILS
All fossils require conservative measures at the time of their finding and restorations
are virtually always existing. They include gluing, consolidations, integrations
with casted elements, paintings, etc. They are professionally executed so must be
considered as an added value, not a defect.
*CITES
The lots 5 and 16 with the symbol * are made of species that are classified in Annex I
of the Washington Convention and Annex A of the European Community Regulation.
In view of their age, these specimens predate 1 June 1947.
Following the Order of 16 August 2016 on the prohibition of trade in elephant ivory
and rhinoceros horn on national territory, amended by the Orders of 4 May 2017
and 16 December 2021, worked ivory objects dating from before 1947 are subject to
obtaining an intra-Community certificate (CIC) given to the buyer after the sale so
that the latter can move freely with the object within the European Union.
If the item is to be shipped outside the European Union, a CITES re-export certificate
must be obtained. It is the buyer's responsibility to find out about the customs
laws and regulations that apply before bidding on any lot containing elements of
protected species. In accordance with the provisions of article L321-17 of the French
Commercial Code, liability claims against the auctioneer are time-barred after 5 years
from the date of the auction.
