Limited Editions

lundi 25 octobre 2021 14:30
6, avenue Hoche - 75008 Paris
Sale information


Sales conditions

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 scientifi c 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 imperfection.

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.

ln 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 modifi cation

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withdrawn will not be returned to the seller until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

identifi cation 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 confi rmed 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 pre-emption right for sold

cultural goods. French State could substitute the

fi nal 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 fi gure.

- by bank card except American Express.

The resale right if is due, is at the seller’s charge

according to the articles R122-6 et 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. ln 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 the 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 fi le « 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, rectifi cation 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. Le bidder may also submit

a complaint to the CNIL, 3 Place de Fontenoy

TSA 80715 75334 Paris Cedex 07.

Important notifi cations 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-certifi ed

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 fi rst two weeks of storage; from

the 15th day, a fee of 24 € inclusive of tax per

two week period (the fi rst 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

fi rst 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 specifi c 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 certifi cate of export issued

by the Ministry of the Arts with a delay up to 4

months.

This certifi cate 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 certifi cate 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

certifi cate 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 offi cers.

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 certifi cate as

a condition of his payment.

The Auction House is not responsible for the delay

or the refusal of the export certifi cate 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 fi ve 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, rectifi cation and opposition on their personal

data contacting directly the auction house.

Our society guarantees the confi dentiality 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.