Conditions générales de vente (EN)
CONDITIONS AND INFORMATION FOR BUYERS
All property is being offered under French Law and the
conditions printed in this volume. lt is important that you read
the following pages carefully.
The following pages give you as well useful information on how
to buy at auction. Our staff is at your disposal to assist you.
BUYER’S PREMIUM
The purchase price will be the sum of the final bid plus a buyer’s
premium of 25 % ex. taxes (30 % incl. taxes)
- Interencheres Live: an additional buyer commission of 1.5 % excl.
Tax (1.8 % inclusive of tax) will be added to this commission.
- Drouot Live: an additional buyer fees of 1.5% excl tax per lot will
be charged (1.8 %inc tax).
- Invaluable : an additional buyer commission of 3% excl. Tax will
be added to this commission.
VAT RULES
Non-European buyers may have all VAT invoiced refunded to
them if they request so in writing to the accounting department
within delay of 3 months of the date of sale, and if they provide
Osenat with the third sample of the customs documentation
(DAU) stamped by customs. Osenat must appear as shipper
on the export document and the buyer as the consignee.
The exportation has to be done within the legal delays and a
maximum of 3 months of the date of sale.
TEMPORARY IMPORT
A 5.5% import tax applies to the hammer price plus buyer’s premium for items in temporary importation in Europe. This import tax will be refunded to the buyer if the item is immediately export and upon presentation of proof of export of the lots outside the European Union, within 90 days, to our accounting department.
1 - BEFORE THE AUCTION
Pre-sale estimates
The pre-sale estimate are intended as a guide for prospective
buyers. Any bid between the high and the low pre-sale
estimates offers a fair chance of success. lt is always advisable to
consult us nearer the time of sales as estimates can be subject
to revision.
Condition of Iots
Solely as a convenance, we may provide condition reports. All
the property is sold in the condition in which they were offered
for sale with all their imperfections and defects.
No claim can be accepted for minor restoration or small damages.
lt is the responsability of the prospective bidders to inspect
each lot prior to the sale and to satisfy themselves that each
lot corresponds with its description. Given that the re-lining,
frames and finings constitute protective measures and not
defects, they will not be noted. Any measurements provided are
only approximate.
All prospective buyers shall have the opportunity to inspect
each object for sale during the pre-sale exhibition in order
to satisfy themselves as to characteristics, size as well as any
necessary repairs or restoration.
Sale preview
Pre-auctions viewings are open to the public free of charge.
Osenat is concerned for your safety while on our premises and
we endeavour to display items safely so far as is reasonably
practicable, Nevertheless, should you handle any items on view
at our premises, you do so at you own risk.
2 - BIDDING IN THE SALE
Bids may be executed in person by paddle during the auction
or by telephone, or by third person who vvill transmit the orders
in writing or by telephone prior to the sale. The auctions will be
conducted in euros. A currency converter wili be operated in
the salesroom for your convenience but, as errors may occur,
you should not rely upon it as substituts for bidding in euros.
Bidding in Person
To bid in person at the auction, you will need to register for and
collect a numbered paddle before the auction begins. Proof of
identity will be required.
If you wish to bid on a lot, please indicate clearly that you are
bidding by raising you paddle and attracting the attention of
the auctioneer. Should you be the successful buyers of any lot,
please ensure that the auctioneer can see your paddle and that
it is your number that is called out.
Should there be any doubts as to price or buyer, please draw
the auctioneer’s attention to it immediately.
We will invoice all lots sold to the name and address in which the
paddle has been registered and invoices cannot be transferred
to other names and addresses. In the event of loss of your
paddle, please inform the sales clerk immediately.
At the end of the sale, please return your paddle to the
registration desk.
Bidding as principal
If you make a bid at auction, you do as principal and we may
held you personally and solely liable for that bid unless it has
been previously agreed that you do so on behalf of an identified
and acceptable third party and you have produced a valid
power of attorney acceptable to us.
Absentee bids
If you cannot attend the auction, we will pleased to execute
written bids on your behalf. A bidding form can be found at
the back of this catalogue. This service is free and confidential.
Lots will be bought as cheaply as is consistent with other bide
and the reserves. In the event of identical bids, the earliest bid
received will take precedence. Always indicate a “ top limit ” - the
hammer price to which you would stop bidding if you vvere
attending the auction yourself
“ Buy ” and unlimited bids will not be accepted.
Orders shall be made in euro.
Written orders may be
- sent by e-mail at contact@osenat.com
- sent by fax to the following number : 00 33 (0) 1 80 81 90 01
- hand delivered to staff on the premises
- sent by post to the offices of Osenat.
You may also bid by telephone. Telephone bids must be
confirmed before the auction by letter, fax or e-mail. These
as well as written bids must be received 24 hours before the
auction so that we can guarantee satisfaction.
Bidding by telephone
If you cannot attend the auction, it is possible to bid on the
telephone. As the number of telephone lines is limited, it is
necessary to make arrangements for this service 24 hours
before the sale.
We also suggest that you leave a covering bid which we can
execute on your behalf in the event we are unable to reach
you by telephone. Osenat Fontainebleau staff are available to
execute bids for you in English.
3 - AT THE Auction
Conditions of sale
As indicated above, the auction is governed by the conditions
printed in this catalogue. Anyone considering bidding in the
auction should read them carefully. They may be amended
by way of notices posted in the salesroom or by way of
announcement made by the auctioneer.
Access to the lots during the sale
For security reasons, prospective bidders will not be able to
view the lots whilst the auction is taking place.
Auctioning
The auctioneer may commence and advance the bidding
at levels he considers appropriate and is entitled to place
consecutive and responsive bids on behalf of the vendor until
the reserve price is achieved.
Information provided by about restorations,
accidents or incidents affecting the lots are only made to
facilitate inspection by the prospective buyer and remain
subject to his personal appreciation and that of his expert.
The absence of information provided about a restoration, an
accident or any incident in the catalog, in the condition reports,
on the tags or given orally, dOEs not imply that the lot concerned
is free of defect, past or repaired. On the opposite, the mention
of a default dOEs not imply the absence of any other one.
The successful bidder will only get the delivery of his purchase
after payment of the full price. In the case where a simple check
has been provided for payment, lots shall not be delivered
before the check has been cashed.
4 - AFTER THE AUCTION
Results
If you would like to know the result of any absentee bids which
you may have instructed us to place on your behalf, please
contact :
Osenat - Tél. 00 33 (0)1 64 22 27 62
Fax 00 33 (0)1 64 22 38 94
or : https://osenat.com
Payment
Payment is due immediatly after the sale and may be made by
the following method :
- checks in euro
- cash within the following limits :
- 1.000 euros for trade clients
- 1.000 euros for French private clients
- 15.000 euros for foreign tax nationals (non trade)
- credit cards VISA and MASTERCARD
- Bank transfers should be made to :
HSBC FRANCE
Account holder :
Osenat
9-11, RUE ROYALE
7730O FONTAINEBLEAU
Domiciliation : HSBC FR PARIS AUBER
Code banque : 30056
Code guichet : 00811
No compte : 08110133135
Clé RIB : 57
International identification :
FR76 3005 6008 1108 1101 3313 557
SWIFT : CCFRFRPP
Siret : 442 614 384 00042
APE 741A0
No TVA intracommunautaire : FR 76442614384
Collection of Purchases – Storage fees
Purchases can only be collected after payment infull in cleared
funds has been made to Osenat.
Purchased lots will become available only afterpayment infull
has been made.
Storage fees will be charged by Osenat to purchasers who have
not collected their items within 15 days from the sale as follows :
- 10 € per day for furniture
- 5 € per day for object or paintings
Export
Buyers should always check whether an export licence
is required before exporting. It is the buyer’s sole
responsibility to obtain any relevant export or import
licence. The denial of any licence or any delay in obtaining
licences shall neither justify the rescission of any sale nor any
delay in making full payment for the lot. Osenat can advise
buyers on the detailed provisions of the export licensing
regulations and will submitt any necessary export licence
applications on request.
However, Osenat cannot ensure that a licence will be obtained.
Local laws may prohibit of some property and/or may prohibit
the resale of some property in the country of importation. As an
illustration only, we set out below a selection of the categories
of works or art, together with the value thresholds above for
which a French «certificat pour un bien culturel» (also known as
«passport») may be required so that the lot can leave the French
territory; the thresholds indicated in brakets is the one required
for an export licence application outside the EU, when the latter
differs from the national threshold.
- Pictures entirely made by hand on any support and of any
material, of more than 50 years of age euros 150,000
- Furniture and objects, carpets, tapestries, clocks of more than
50 years of age euros 50,000
- Watercolors, gouaches and pastels of more than 50 years of
age euros 30,000
- Original sculptures and copies of more than 50 years of age
euros 50,000
- Books of more than 100 years of age euros 50,000
- Vehicules of more than 75 years of age euros 50,000
- Drawings of more than 50 years of age euros 15,000
- Prints, lithographs and posters of more than 50 years of age
euros 15,000
- Photographs, films and negatives of more than 50 years of age
euros 15,000
- Printed maps of more than 100 years of age euros 15,000
- Incunabula and manuscripts (EU whatever the value is)
euros 1,500
- Archaeology pieces of more than 100 years of age, originating
directly from excavations(1)
- Archaeology pieces of more than 100 years of age, not
originating directly from excavations euros 1,500
- Parts of Historical, Religious or Architectural monuments of
more than 100 years of age(1)
- Archives of more than 50 years of age (EU whatever the value
is) euros 300
(1) Application for licence for these categories is subject to the
nature of the item.
Preemption right
The French state retains a preemption right on certain works
of art and archives which may be exercised during the auction.
In case of confirmation of the preemption right within fifteen
(15) days from the date of the sale, the French state shall be
subrogated in the buyers position.
Catalogue descriptions
Osenat shall exercise such due care when making express
statements in catalogue descriptions, as amended by any
notices posted in the salesroom prior to the opening of the
auction or by announcement made by the auctioneer at the
beginning of the auction and noted in the minutes of the sales,
as is consistent with its role of an auction house and in the light
of the information provided to it by vendor, of the scientific,
technical and artistic knowledge, and the générally accepted
opinions of relevant experts, at the time any such express
statement is made.
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