The Hôtel des Ventes de Monte-Carlo acts as agent for the seller. He is not a party to the sales contract which binds the seller and the buyer.
The following conditions of sale, and everything relating to the sale, are governed by Monegasque law. Any legal action falls under the exclusive jurisdiction of the courts of the Principality of Monaco.
The sale is made in cash and the currency used is the euro (€).
WARRANTY
The designations given in the catalog are established by the Hôtel des Ventes de Monte-Carlo if there is no expert assistance, and exclusively by the expert who assists it if necessary. If necessary, corrections to the designation or estimate may be made at the time of presentation of the object,
reported to potential buyers and recorded in the minutes of the sale. As part of the assistance of an expert, the latter assumes full responsibility for the initial designations or modifications made to the minutes. The Hôtel des Ventes de Monte-Carlo cannot be held liable in the event of a dispute relating to the authenticity or condition of a property, the Hôtel des Ventes de Monte-Carlo not being held only by an obligation of means.
On the condition of the lots presented, the absence of reference to the condition in the description given in the catalog does not in any way imply that the object is free from defects, and certain restorations which do not modify its nature and its period cannot be a cause of dispute.
The good, in the absence of mention, is considered as sold in the state. Experts are available to customers of the Hôtel des Ventes de Monte-Carlo prior to each sale to answer any questions in this area.
No claim will be accepted once the auction has been declared, a prior exhibition having enabled the purchasers to become acquainted with the condition of the lots.
MOBILIER, PAINTING AND ART OBJECTS
Furniture, paintings and objects are sold as is.
On a piece of furniture or an object, the restoration or the replacement of elements which do not modify the nature and the authentic character of the piece of furniture or the object, are considered as maintenance of use.
On a painting, re-lining, doubling or flooring are precautionary measures and do not constitute a defect if they are not reported.
The dimensions are provided for information only.
JEWELRY AND WATCHES, COLORED STONES AND PEARLS
A number of gemstones have been professionally treated to enhance them (heat treatment and oiling for gems, whitening for pearls). These operations are traditionally accepted by international jewelry traders. For certain jewels and with the agreement of the selling client, the Hôtel des Ventes de Monte-Carlo may obtain reports from gemological laboratories of international reputation which, if requested, may indicate the presence or absence of any heat treatment.
For important precious stones and fine pearls, the Hôtel des Ventes provides customers with certificates established beforehand by internationally renowned laboratories. If the buyer wishes a different certificate, issued by a laboratory of his choice, he must request it within 30 to 10 days before the sale. No complaint concerning the certificates provided can be accepted after the sale.
ANIMAL MATERIALS
Coral, ivory, tortoiseshell and all materials from endangered species can go on public sale at auction as long as they are an integral part of antique jewelry.
BURMESE STONES
Jewelry adorned with Burmese ruby or jadeite cannot be exported to the United States. However, if they are accompanied by a certificate or an invoice, dated before October 2007, they can be exported to American soil. In the European community, Burmese rubies and jadeites can circulate freely.
WATCHES
All lots are sold as is. No claim may be brought against the Hôtel des Ventes de Monte-Carlo and its expert, on the presence of an old repair, on the initial sealing or on the operation. The potential buyer may request a condition report before the sale from the expert.
CONDUCT OF THE SALE AND AUCTIONS
All potential buyers must identify themselves beforehand using a registration form made available to them at the entrance to the room by the staff of the Hôtel des Ventes de Monte-Carlo. He must provide a valid identity document and, on request, provide proof of bank references. A card bearing a number corresponding to the recording will be given to the purchaser who must return it when leaving the room.
The information collected on the registration forms is mandatory to participate in the sale and then to take into account and manage the auction. You can know and have the data concerning you rectified, request the erasure, limitation of the processing of your data, request that your data be sent to you in a structured format or oppose for legitimate reasons their further processing, by sending a request in writing accompanied by a copy of your identity document to the Hôtel des Ventes de Monte Carlo by post or email.
It is strictly personal and allows it to bid during the sale.
Bids follow the catalog numbering order, unless the order is modified at the discretion of the Hôtel des Ventes de Monte-Carlo. The successful bidder is the highest and last bidder.
At the time of the auction, in the event of a dispute, mainly if several bidders declare having made an equivalent bid simultaneously, and if the fact is clearly established, and even if the word "Adjugé" has been pronounced, the object is instantly auctioned at the last amount obtained and all those present are authorized to bid again.
The details of identity given on the auction slip will be identical to those given on the registration form. No change of identity may be made without the agreement of the managers of the Hôtel des Ventes de Monte-Carlo.
Once the adjudication has been pronounced, the purchaser is responsible for the integrity of the object acquired and for its insurance.
TELEPHONE AUCTIONS
Any potential buyer identified by the Hôtel des Ventes de Monte-Carlo may bid by telephone during the sale. To be admissible, requests for telephone lines must be made in writing, accompanied by a valid identity document and a bank account statement. The Hôtel des Ventes de Monte-Carlo will contact the bidder by telephone during the sale but declines all responsibility in the event of an error or omission within the framework of this service.
RESERVE PRICE AND ESTIMATES
In front of each lot in the catalog, an estimate is given, which does not include the costs to be borne by the buyer, nor any VAT in the event of temporary importation. Unless otherwise specified, all lots are offered with a reserve price contractually established with the seller below which the property cannot be awarded. In the absence of a reserve price set with the seller, no dispute may be raised by the latter in the event that the object is awarded below the estimate range.
PRE-EMPTION
The Monegasque State may exercise a right of pre-emption on works of art offered for sale in the Principality of Monaco. The State replaces the last bidder. The pre-emption decision is brought to the attention of the bailiff immediately after the auction is pronounced. It is mentioned in the minutes thereof. It must be confirmed within fifteen days. In the absence of confirmation from this period, the object returns to the last bidder.
Article 2-1 law n°1.014 of 29/12/1978 concerning
public furniture sales.
IMPORT
Deposits preceded by this acronym are temporarily imported from a country outside the EEC. Their hammer price will be increased by VAT at 5.5% () or 20% ()
in addition to legal fees. This VAT will be recoverable in the event of re-export outside the EEC within one month upon presentation of the customs document proving their re-export. No HT slip can be drawn up without official proof of export, the intra-community VAT number not being sufficient.
EXPORT
It is the buyer's responsibility to check prior to purchase whether the item is subject to customs formalities relating to export.
CULTURAL PROPERTY CERTIFICATE
If the export of the property is subject to the issue of a Cultural Property Certificate by the Ministry of Culture, it is the responsibility of the successful bidder to request it. No delay in payment of the amount due, nor any cancellation of sale may be justified by the refusal or delay of the export authorization.
If a Cultural Property Certificate has not already been issued by the Direction des Musées de France for a lot sold, the Hôtel des Ventes de Monte-Carlo can administer the request to the Direction des Musées de France at the expense of the seller. acquirer.
CULTURAL PROPERTY EXPORT LICENSE
For exports outside the European Union of Cultural Goods, it is up to the successful bidder to request an export licence. The intervention of a forwarding agent is necessary in order to process this process as well as the shipment of the cultural property sold.
The buyer may contract one of our forwarding agent correspondents in order to finalize this procedure.
FRESH
In addition to the hammer price, the buyer will have to pay costs of 25% excluding tax up to €500, 000% excluding tax on the tranche from €23 to €500 and 001% excluding VAT on the tranche above. over €2.
PAYMENT
The sale is expressly made in cash, and payment must be made within three days of the auction.
The purchaser must pay the purchase price which includes the amount of the auction, any costs and taxes:
– By certified bank check in euros
– By bank transfer in euros
– By Visa or Mastercard credit card with proof of identity
– Any payment by American Express will be subject to a 2.75% surcharge
– In cash in euros up to an amount below €30
Checks issued on a foreign bank will only be accepted at the sole discretion of the managers of the Hôtel des Ventes de Monte-Carlo.
If the acquisition is not paid in cash, the object cannot be delivered to the purchaser.
The Hôtel des Ventes de Monte-Carlo cannot be held responsible for the purchaser's failure to pay, and is therefore not liable for payment to the seller. Collection of payment by registered letter with acknowledgment of receipt will result in an increase of 5% of the auction price, with a minimum of €200. This in no way excludes the allocation of damages related to a procedure.
In the event of default of payment by the purchaser and after formal notice has remained unsuccessful and at the end of one month from the date of the auction, the Hôtel des Ventes de Mont-Carlo reserves the right to cancel the sale and to take legal action for damages against the defaulting purchaser.
The Hôtel des Ventes de Monte Carlo is a member of the Central Register for the Prevention of Unpaid Auctioneers with which payment incidents are likely to be recorded. The rights of access, rectification and opposition for legitimate reasons are to be exercised by the debtor concerned with SYMEV, 15 rue Freycinet 75016 Paris.
WITHDRAWAL OF PURCHASES AND RETURN OF LOTS TO SELLERS
Purchases will only be returned after receipt of all amounts due.
The awarded lots will remain at the risk, expense and peril of the successful bidders, as soon as the auction is announced, even if their delivery has not taken place. It is up to the successful bidder to insure his purchases.
It is up to buyers to collect or have their lots collected from the Hôtel des Ventes de Monte-Carlo or from one of its stores within a week. Beyond that, storage costs will be applied:
– €60 fixed handling costs,
– 30 € per batch and per non-divisible week.
Shipping of purchases and return of unsold lots:
Purchases and unsold items may be shipped provided that a written request is made to the Hôtel des Ventes de Monte-Carlo, it being understood that shipments are made at the expense and under the responsibility of the owner. No claim can be accepted in the event of theft, disappearance or damage occurring during transport.