TERMS OF SALE
French law governs the general conditions of sale and all that pertains
thereto. Purchasers or their agents accept that any legal action falls
under the exclusive jurisdiction of the French courts (Paris). The various
provisions of the general terms of sale are independent of each other.
The invalidity of one of these provisions does not affect the applicability
of the others. Participation to the public auction implies that all
purchasers or their agents accept and adhere to all of the conditions
hereinafter set forth.
The sale shall be conducted in euro and payment is due immediately
after the sale.
GUARANTEES AND INDICATIONS
Lots preceded by * indicate in which the auction house or one of its partners has financial interests.
The company Delon-Hoebanx and the apparaisers experts have
established the indications in the catalogue, subject to the rectifications,
by way of notices posted in the sale room or by way of announcement
made by the auctioneer at the time of the presentation of the lot and
recorded in the minutes of the sale (Procès-Verbal). The dimensions,
colors of the reproductions and informations of condition report
of the goods are provided for information only. All information
relating to an incident, an accident, a restoration, lack or a protective
measure affecting a lot shall be communicated in order to facilitate its
inspection by the prospective buyer and remains subject to his the full
appreciation. All the lots are sold in the state where they are at the
precise moment of their adjudication with their possible defects and
imperfections. No complaint will be admitted once the adjudication has
been pronounced, a preliminary exhibition and public viewing having
allowed the purchasers the examination of the items on sale.
Regarding watchmaking : the operating state is not
guaranteed. Lots may include non-original parts as a result of
repairs or revisions of the watch or clock.
In the event of a double bid, which is established and confirmed by the
auctioneer that two or more potential purchasers bid simultaneously or
propose an equivalent bid either aloud or by gesture at the same time
and claim the lot after the pronouncement of the word “adjugé” or
“done “, the lot will be put up for sale again and all the public present is
allowed and have the right to take part in the sale by auction.
TELEPHONE BIDS
The company Delon-Hoebanx executes graciously telephone
bids. Telephone bids are not accepted for lots estimated
less than € 300. As such, Delon-Hoebanx will bear no responsibility
whatsoever in the case of uncompleted calls made too late and/or
technical diffculties with the telephone. Although Delon-Hoebanx
agree registration requests phone bids at the latest until the end of the
exhibition hours, it will not be responsible for any non-performance due
to errors or omissions for telephone bids. All telephone bids requests
imply that the applicant is a low winning bidder in case of a technical
problem, bad connection, other incident or absence.
BUYER’S PREMIUM
In addition to the hammer price, the buyer agrees to pay a buyer’s premium
along with any applicable value added tax. The buyer’s premium is 23,33%
+ VAT amounting to 28% (all taxes included) for all bids.
For example : for a hammer price of 1 000 euro, buyer should pay 1280 euro (all
taxes included).
EXPORT
The export of a lot out of France can be subject to an administrative
authorization.
Obtaining the document concerned is only the responsibility of the
beneficiary of the award of the lot concerned by this administrative
authorization.
The delay or refusal of the issuing by the administration of the
documents for export, will justify neither the cancellation of the sale,
nor a delay of regulation, nor a resolution.
If Company Delon Hoebanx is solicited by the buyer or his
representative, to make these requests for export, all costs incurred will
be at the total expense of the applicant.
This only is a service given by Delon-Hoebanx.
EXPORT AFTER SALE
VAT collected as a sale fees or that collected as a temporary importation
of the lot, may be refunded to the buyer within one month upon
presentation of the documents justifying the export of the purchased
item.
PREEMPTION OF THE FRENCH STATE
The French State retains, in certain cases defined by law, a right of
pre-emption of works of art sold which may be exercized durig public
auction. In this case, the French State replaces the last bidder provided
that the declaration of preemption made by the state representative in
the sales room, is confirmed within a period of fifteen days from the
sale. The French state shall be subrogated in the buyers position.
Delon-Hoebanx can not be held responsible for decisions of preemptions
of the French State.
RESPONSIBILITY OF THE BUYERS
By carrying a bid on a good by one of Delon-Hoebanx's different
methods of transmission, bidders assume personal responsibility to pay
the bid price, added buyer’s premium, fees, any duties and all taxes due.
Bidders are deemed to act in their own name and for their own account,
unless otherwise agreed prior to the sale and made in writing with
Delon-Hoebanx.
In the event of a dispute by a third party, Delon-Hoebanx may hold the
bidder only responsible for the bid done and its payment.
FAILURE TO PAY
Pursuant to Article 14 of Law No. 2 000-6421 of July 10th, 2 000, in the
event of failure to pay by the pruchaser, after formal notice remained
unsuccessful, the lot is put on sale at the request of the seller on “folle
enchère” of the defective purchaser ; if the seller does not make this
request within one month from the date of the auction, the sale is
automatically settled, without prejudice to damages, compensation and
daly penalities due by the defective purchaser.
In this case, Delon-Hoebanx has the right to claim to the defaulting
successful buyer :
- penalties due at the legal rate,
- refound of additional costs incurred by its default, with a minimum
of € 250,
- payment of the hammer price or :
- the difference between the initial hammer price and the subsequent
hammer price obtained for reitaration of auction if this last is lower
