The Auction House Cornette de Saint Cyr is
a voluntary sales company governed by the
law of 20 July 2011 and deontological rules.
The Auction House acts as agent for the seller
who enters into a sale contract with the purchaser.
The auction sales organised by the
Auction House Cornette de Saint Cyr are hereby
subject to the following conditions of sale:
Goods put up for sale
Potential purchasers are invited to examine
the goods that might be of interest to them
during the exhibitions which are organized by
the Auction House Cornette de Saint Cyr before
the auctions.
Condition reports may be requested from the
Auction House by letter, telephone or electronic
mail. They will be sent free of charge
but are to be used for information only. The
reports will include the artistic and scientific
information known to the Auction House at
the date of the sale and cannot substitute the
physical examination by the purchaser.
The descriptions in the catalogue are established
by the Auction House and where
applicable by the expert who assists the
former, subject to notices and corrections
given when the lot is presented and included
in the bill of sale. Sizes, weights and estimates
are given for information purposes only. The
colors of the works included in the catalogue
may vary due to printing techniques.
The lack of information on the condition of the
goods in the catalogue will by no means imply
that the lot is in a perfect state of preservation
or free from restoration, wear, cracks, relining
or other imperfections.
The goods are sold in the state they are found
at the time of sale. The prior exhibition has
enabled potential purchasers to examine the
object.
According to the article L221-28 of the French
Consumer Code, the buyer cannot use a right
of withdrawal after the public auction.
In the event of a withdrawal of an article prior
to the sale by a depositor and after the publication
of the catalogue or, in the event of a
modification to the minimum price rendering
it impossible to put the article up for sale
immediately, the seller will be obliged to pay
the purchaser and seller fees calculated on
the basis of the median estimate stipulated
in the catalogue to the Auction House
Cornette de Saint Cyr by way of compensation.
The article which has been withdrawn
will not be returned to the seller until the
aforementioned fees are paid. If no payment
is forthcoming, the article will be put up for
sale once again in line with the terms of the
initial sale requisition.
Auction sales
The auction sales are carried out in the order
of the catalogue numbers. The bidders
are invited to make themselves known to the
Auction House Cornette de Saint Cyr before
the sale to ensure that their personal details
are recorded beforehand.
Bidders are generally present in the room.
However, the bidders can use our purchase
order forms to place a bid or our telephone
bidding form. The documents are available at
the end of the sale catalogue, on the website
www.cornette.auction.fr., or on request. The
form should be sent to the Auction House
Cornette de Saint Cyr together with an ID
card or passport, a bank identification slip
[RIB in France] or bank details at least two
days before the sale.
The Auction House Cornette de Saint Cyr
will handle auction sales by telephone and
absentee bids free of charge. The Auction
House Cornette de Saint Cyr cannot be held
responsible for a problem with the telephone
link along with an error or omission in the execution
of the absentee bids received.
It is also possible to bid though our three
partners online auction sites Drouot Live,
Interenchères and Invaluable.
The auction house cannot be held liable
during the auction in the event of a technical
problem on a platform.
ln the event of two identical absentee bids,
preference will be given to the earliest absentee
bid. The successful bidder will be deemed
to be the individual who has made the highest
bid. In the
event of a double bid which is confirmed as
such by the auctioneer, the lot will be put up
for sale again and any or all persons present
will have the right to take part in the second
sale by auction. French State has a preemption
right for sold cultural goods. French
State could substitute the final bidder within
15 days after the auction.
Payment
Payment must be paid immediately after the
sale in euros by the bidder. In the event that
the successful bidder has not given their
personal information before the sale, they will
be required to provide proof of identity and
bank details.
ln addition to the hammer price, purchasers
will be required to pay the folIowing costs and
taxes per lot and per block:
- from 1 to 150 000 €: 25% before tax (30%
inclusive of tax except for books 26.37%
inclusive of tax)
- from 150 001 € to 1 200 000 €: 20% before
tax (24% inclusive of tax except for books
21.10% inclusive of tax)
- above 1 200 001 €: 12% before tax (14.40%
inclusive of tax except for books 12.66%
inclusive of tax)
For lots from countries outside the European
Union, import tax will be added as follows:
For lots with numbers preceded by the sign:
* additional tax of 5.5% of the hammer price.
For lots with numbers preceded by the sign:
** additional tax of 20% of the hammer price.
In addition, the buyers who purchased their
items through a platform online will pay:
- 1.5 % before tax (1.8% inclusive of tax) of
the hammer price if they used Drouot Live
(Digital) services
- 3% before tax (3.6% inclusive of tax) of the
hammer price if they used Interencheres
- 5 % of the hammer price for Invaluable services.
The successful bidder may pay using
one of the following methods:
in cash within the limits of the legislation in
force.
- by bank transfer.
- by cheque, with the presentation of identity
papers being compulsory.
Cheques drawn on a foreign bank will only be
accepted provided prior consent is obtained
from the Auction House Cornette de Saint
Cyr. Purchasers are advised to provide a
letter of credit from their bank for an amount
which is close to their intended purchase figure.
- by bank card except American Express.
The resale right if is due, is at the seller’s
charge according to the articles R122-6 and
L122-8 of the French intellectual property
Code.
Failure to pay
ln the event of failure to pay the hammer price
and fees, formal notice will be sent to the purchaser
by registered letter with acknowledgement
of receipt. In the event of failure to pay at
the end of the deadline of one month after the
sending of the formal notice, the purchaser
will be required to pay delay penalties of 1%
per month of the hammer price as well as the
collection costs. In case of an intervention of
our attorney at law to collect the outstanding
amount, the costs will be in charge of the purchaser
with a minimum of 500 euros. Each
month started counting as a full month.
This clause being applied will not hinder the
awarding of damages and costs for the legal
proceedings which will be required, and does
not exclude the article being put up for sale
again in a new auction which is governed by
article L 321 -14 of the Commercial Code.
Within the framework of this new auction,
the Auction House hereby has the right to
claim the payment of the difference between
the initial hammer price and the subsequent
hammer price obtained from this reiteration
of auction, if this last is lower, together
with the costs incurred due to the second
Auction sale from the defaulting successful
bidder.
The Auction House Cornette de Saint Cyr
hereby reserves the right to offset against
the amounts owed to the defaulting successful
bidder. Furthermore, the Auction House
Cornette de Saint Cyr hereby reserves the
right to exclude any or all successful bidder
who has not complied with these conditions
of sale from its future auction sales.
The Auction House Cornette de Saint Cyr
is member of the Central Registry for auctioneers
for the prevention of outstanding
invoices of the auctioneers where a default in
payment can be inscribed.
The debtor can access, modify or make an
opposition for a legitimate reason before
the SYMEV at the following address: 15 rue
Freycinet 75016 Paris.
All auction sales invoices remaining unpaid or
subject to delays in payment may be added
to the Auction Access restriction file ‘TEMIS
File’ maintained by Commissaires-Priseurs
Multimédia (CPM). Bidders listed on the
TEMIS File may face restrictions on their
bidding activity at auctions and also be
temporary suspended of access to the
www.interencheres.com live service.
Bidders listed on the TEMIS File can contest it
or exercise their rights of access, rectification
and objection under applicable data protection
legislation by submitting in writing by
post to CPM, 37 rue de Châteaudun 75009
Paris or by email to contact@temis.auction.
The bidder may also submit a complaint
to the CNIL, 3 Place de Fontenoy - TSA
80715 - 75334 Paris Cedex 07.
Important notifications relating to the auction
process will be sent to the mail and postal
address that the bidder provided the auctioneer
at the time of the auction. The bidder
must notify the auction house of any changes
to their contact details.
Collection of purchases
No lot will be handed over to the purchasers
before all of the amounts owed are settled.
ln the event of payment with a non-certified
cheque or by bank transfer, delivery of the
articles may be differed until receipt of the
amounts owed. As soon as the auction sale
is concluded, the articles will be placed under
the purchaser’s full responsibility.
With regard to the collection of lots which
have not been taken on the date of the sale,
you are advised to contact the Auction House
Cornette de Saint Cyr prior to collection on
+33 (0)1 47 27 11 24.
An appointment can be made to collect
small paintings and objects of art at
6 avenue Hoche, 75008 Paris, from Monday
to Friday from 9:00 a.m. to 1:00 p.m. and from
2:00 p.m. to 6:00 p.m. (5:00 p.m. on Fridays).
Fifteen days of free storage is offered. Thereafter,
the storage will be invoiced at 36 euros
inclusive of tax per month and per lot (or 9
euros inclusive of tax per week and per lot).
If the article is collected after the beginning
of the week payment for a full week will be
requested.
Furniture and in general terms any bulky articles
are stored at our partner’s warehouse.
Storage costs are to be paid by the purchaser
and will be invoiced directly by our partners
to the purchaser with the tariffs in force as
following: free of charge the first two weeks
of storage; from the 15th day, a fee of €24
inclusive of tax per two-week period (the
first two weeks after the auction will also
be invoiced from the 15th day, as well as the
following two weeks). In addition to these
storage fees, a handling charge of €54
inclusive of tax is to be included (not invoiced
the first two weeks). Hence, from the
15th day after the auction, the total storage
and handling fees for the month will be of
€102 per item.
The Auction House will not be responsible for
the storage of articles.
Transport of the lots is to be carried out at the
successful bidder’s expense and under their
full responsibility.
Items subject to specific legislation
Sales of arms: Except as permitted by law,
only licence holders are able to bid.
The sale of some items is governed by the
Washington Convention of the 3rd March 1973
relative to the protection of specimens and
species threatened by extinction (CITES).
The buyers have to check the legislation applicable
in their country before bidding.
Export
Tax refund
The VAT will be refunded to the buyers who
are non-European Union residents upon
presentation to our accountant of the export
declaration (SAD) of the good(s) purchased
duly endorsed by the competent customs
authority, within 3 months after the sale.
The export declaration must mention the
auction house Cornette de Saint Cyr as the
consignor and the buyer as the consignee of
the good(s).
The export of the works of art considered as
‘cultural goods’ must be authorized by the
Ministry for the Arts (see article L 111-2 of the
Patrimony Code).
The export to a country within the European
Union requires a certificate of export issued
by the Ministry of the Arts with a delay up to
4 months.
This certificate could be asked by the Auction
House on behalf of the buyer after the sale.
The export to a country outside the European
Union requires a certificate of export as well
as an export licence and a customs declaration.
In this case, the buyer has to pass through
a transit company in order to ask for these
export authorizations.
The Ministry of the Arts issues or refuses the
certificate of export within a maximum delay
of 4 months and the licence export need two
further weeks to be obtained.
The documents required must be presented
to the customs officers.
The law punishes to penalties the person who
exports or tries to export a cultural good without
the authorizations required (see article
L 114-1 of the Patrimony Code).
The works of art are considered as cultural
goods according to their age (generally
from 50 years) and their value (price with
taxes included) which varies by categories
(€150,000 or more for paintings, €15,000 or
more for prints…). These thresholds are set
by the decree n° 93-124 of the 29th January
1993 and by the European Regulation of the
18th December 2008 (n° 116/2009).
The buyer cannot make the export certificate
as a condition of his payment.
The Auction House is not responsible for the
delay or the refusal of the export certificate
from the Ministry for the Arts.
Governing law and jurisdiction
These conditions of sale are governed by
French law. Any or all disputes relating to the
wording, validity and performance that is not
settled amicably with the auction house or
through the Sale Council will be settled by the
court or competent jurisdiction in Paris.
According to the law, all liability actions
against the auction house or the expert of the
sale are limited to five years from the auction.
Compliance with the General Data Protection
Regulation (GDPR)
For its activities, our auction house collects
personal data regarding sellers and buyers.
Consequently, sellers and buyers have right
to access, rectification and opposition on
their personal data contacting directly the
auction house. Our society guarantees the
confidentiality of the data received. The
auction house could use the data in order to
satisfy its legal obligations or, with the client
agreement, for its activity (sale advertising).
The data could be forwarded to the competent
authorities when it is required by the law
and regulation.
Hammer prices can be found on the internet
site www.cornette-saintcyr.com or upon
request at the following telephone number
+33 (0) 1 47 27 11 24.
