Terms & Conditions

                             GENERAL CONDITIONS

1. The estimated prices given in the catalogue are for indicative purposes only.

2. Dimensions, weight, reproduction colours and condition information are provided for guidance and not contractual. The exhibition is made possible to bidders to verify the objects and their condition. No claims regarding this information will be allowed after the sale. However, auctioneers guarantee that the items offered are guenuine.

3. The auction takes place in the order of the catalogue numbers. However, the auctioneer reserves the right to withdraw, add, split the lots.

4. The auction shall be conducted by public auction. The highest bidder and the last bidder will be declared the successful bidder. He will be required to provide the auctioneer with his name and address, as well as an identification document.

5. In the event of a double auction at the time of the auction actually recorded by the auctioneer, the item will be put up for sale at the price proposed by the bidders and the entire public will be able to bid again.

6. If the successful bidder fails to pay, the item may be put up for auction at crazy auction, immediately or at the first request. The defaulting successful tenderer may be required to pay the difference in the price finally obtained.

7. As soon as the bid end, the items are under the only responsibility of the successful bidder. The successful bidder is advised to remove his lots as soon as possible in order to avoid handling or storage fees.

PAYMENT

8. The auction is set in euros and shall be paid entirely in one time. The delivery of the items may be suspended until full payment of the price, including commissions, fees and taxes.

9. In addition to the auction price or hammer price, the buyer will pay to the auction house Côte Basque Enchères sarl a commission of 24% including VAT.  9bis. Purchases via live will be increased according to the sites and services used, i. e. 1. 5% VAT (1. 8% VAT) for LIVE sales and 3% VAT (3. 6% VAT) for ONLINE sales via Drouot. com and 3% VAT (3.6% VAT) for LIVE sales via Auction. fr 

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10. The lots preceded by a ° are subject to VAT of 20%. The auctions will be pronounced VAT included. The professionnals bidder invoice will be able to show VAT, on presentation of a Kbisvoucher and an intra-Community VAT number.

10 B. Lots marked with an * are sold by court order. They will be included in the minutes of the study of Me Florence CABARROUY-LELIEVRE and are subject to reduced legal fees, i. e. a commission for buyers of 11. 90% VAT (14. 28% VAT included).

11. Payment may be made:
    • in cash within the limits of legal obligations (€1,000 for French individuals or professionals and

€15,000 for non-residents accompanied by proof of domicile),

• by credit card, except American Express,
• by bank transfer (all bank charges being borne by the purchaser)
• by cheque accompanied by two pieces of identification,
• No foreign cheques will be accepted

12. In the case of payment by non-certified cheque or by bank transfer, the delivery of the item may be postponed until it has been cashed.

13. Côte Basque Auctions is a member of the TEMIS Service, which allows consulting and feeding the File of restrictions on access to auctions (“TEMIS File”) implemented by Commissaires-Priseurs Multimédia (CPM), a public limited company with a board of directors, having its registered office at (75009) Paris, 37 rue de Châteaudun, registered in the Paris Trade and Companies Register under the number 437 868 425. Any tender slip which remains unpaid after the Commissioner- Priseur or which has been the subject of late payment may be entered in the TEMIS file.

A). Purpose and legal basis of TEMIS File

The TEMIS File lists the incidents of payment of auction slips (delays and non-payment), regardless of the mode of participation of bidders (face-to-face or remote) and can be consulted by all auction structures operating in France and subscribing to the service. The bidder is informed that if he fails to regularise his tender slip within the time limit indicated on the tender slip, the Commissioner-Priseur may initiate a procedure for entry on the said register. The implementation of the TEMIS File and its use by the Auctioneer is necessary for the purposes of the legitimate interest of TEMIS Service subscribers to prevent outstanding payments and thus secure auctions.

The TEMIS File can be consulted by any subscriber sales structure (professionals and companies authorized to conduct sales of furniture at public auctions in accordance with the applicable regulations and in particular with the requirements of Title II “ Auction sales” of Book 111 of the Commercial Code (hereinafter referred to as “Subscriber Professionals”)), wishing to protect themselves against unpaid payments and thus secure participation in the auctions they organise. The list of subscribers to the TEMIS Service can be consulted on the website www. interencheres. com under the menu "Buy at Auction", under "Auction Commissioners".

C).Consequences of an entry in the TEMIS File

Where a bidder is registered in the TEMIS file, the Commissioner-Prising Officer may make access to the auctions he organises conditional on the use of specific means of payment or guarantees or temporarily refuse the participation of bidders in auctions for which such guarantees cannot be implemented. Entry in the TEMIS file may have the effect of limiting the bidder’s ability to bid with TEMIS subscribers. It also entails the temporary suspension of access to the “live” service of the www. interencheres. com platform managed by CPM, in accordance with the platform’s general terms and conditions of use.

        D).Duration of registration

Bidders are informed that the duration of the registration on the TEMIS File is determined by the number of auction slips that remain unpaid to the Professionals who have subscribed to the TEMIS File, their cumulative amounts and whether or not they have been regularised. The duration of the registration in the TEMIS File is reduced if the Bidder regularises all payment incidents. It shall be increased when the bidder is affected by several outstanding vouchers entered in the TEMIS File. The entry of an invitation to tender in the event of a payment incident shall be automatically deleted at the latest after a period of 24 but where the tenderer is the subject of only one entry, and after 36 but where the tenderer is the subject of several entries.

        E).Responsibilities

For the purposes of the law on the protection of personal data, both CPM and the Commissioner- Priseur have the status of data controller. CPM is responsible for the implementation of the TEMIS File, which entails in particular the collection of data from subscribers, the sharing and dissemination of personal data contained therein, as well as the security of the information system hosting the TEMIS File. The Purchasing Commissioner, as a subscriber, shall be responsible for his/her use of the TEMIS File, which shall entail in particular the communication of personal data relating to CPM tenderers for inclusion in the TEMIS File, the verification of the accuracy and updating of the data, the consultation and re-use of the information in the TEMIS File.

        F).Rights of individuals

Bidders wishing to know whether or not they are the subject of a registration in the Roster may submit their requests in writing, providing proof of their identity by producing a copy of an identification document:

For registrations made by the Commissioner-Priseur: in writing to Côte Basque ENCHERES or Mes LELIEVRE-CABARROUY,

For registrations made by other Subscriber Professionals: in writing to Commissaires-Priseurs Multimédia 37 rue de Châteaudun, 75009 Paris, or by e-mail contact@temis. auction.

Any request for the exercise of the rights of erasure, limitation or opposition available to the bidder in accordance with the legislation on the protection of personal data, as well as any other objection to a registration, must be addressed to the Professional at the origin of the registration, who will make a request for an update with CPM. In the event of difficulties, the bidder has the right to refer the matter to CPM by providing all details and supporting documents so that CPM can investigate its claim. The bidder shall also have the right to lodge a complaint with the Commission nationale de l’informatique et des libertés (CNIL) [3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, www. cnil. fr] concerning its registration in the TEMIS File.

For more information on the TEMIS File, the bidder is invited to consult the CPM privacy policy available at www. temis. auction.

        G).Contact details of the Bidder

Important notices relating to the outcome of the auction will be sent to the e-mail and/or postal address stated by the bidder to the structure at the time of the auction. The bidder must inform the Commissioner-Priceor of any change

H). Côte Basque ENCHERES uses the TEMIS platform operated by the company Multimedia Commissioners-Priseurs, for the purpose of managing the collection of unpaid

Vouchers. In this context, in the event of late payment, personal data relating to the bidders or their representatives (including the identity and contact details of the bidders, sales information, vouchers) may be transmitted to CPM for the purpose of administering the amicable recovery of claims. CPM acts as a subcontractor within the meaning of the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016).

PURCHASE ORDERS

14. The auctioneers are responsible for executing, free of charge, firm purchase orders entrusted to them, in particular for amateurs unable to attend the sale.

15. Telephone auctions are accepted ONLY for lots with a low estimate of more than 200 €. The customer who makes the request for an auction by telephone will be deemed to have purchased the item at least at the low estimate.

16. All purchase orders, telephone auctions or live registration must be submitted no later than the day before the sale, together with names, full addresses, ID, telephone and SWIFT or RIB bank details. In the absence of any such information, the auctioneers reserve the right to disregard the request.