CONDITIONS OF SALE
As part of our auction activities, our auction house collects personal data concerning the seller and the buyer. The latter therefore have the right to access, rectify and object to their personal data by contacting our auction house directly. Our OVV may use this personal data to meet its legal obligations, and, unless the persons concerned object, for the purposes of carrying out its activity (in particular, sales and marketing operations). Such data may also be communicated to the competent authorities where required by law.
The general terms and conditions of sale and all related matters are governed solely by French law. Purchasers or their agents agree that any legal action shall fall within the exclusive jurisdiction of the French courts (Paris). The various provisions of the general terms and conditions of sale are independent of each other. The nullity of one of these provisions does not affect the applicability of the others. The fact of participating in the present public auction implies that all buyers or their agents accept and adhere to all the conditions set out below. The sale is made in cash (Art. 1650 of the French Civil Code) and conducted in euros. A currency conversion system may be set up at the time of sale. The counter-values in foreign currencies of bids placed in the auction room in euros are provided for information only.
DEFINITIONS AND GUARANTEES
The information given in the catalog is drawn up by MILLON and the independent experts mentioned in the catalog, subject to the rectifications, notifications and declarations announced at the time of presentation of the lot and recorded in the minutes of the sale. Dimensions, colors of reproductions and information on the condition of the object are given for information only. All indications of any incident, accident, restoration or conservatory measure affecting a lot are communicated in order to facilitate its inspection by the potential buyer, and remain subject to the latter's entire appreciation. This means that all lots are sold in the condition in which they were at the precise moment of their adjudication, with all possible defects and imperfections. No claims will be accepted once the lots have been sold, as a prior exhibition will have enabled buyers to examine the works presented. For lots with a low estimate in excess of 2,000 euros, a condition report on the state of conservation of the lots may be provided free of charge on request. The information contained therein is provided for information purposes only. MILLON and its experts cannot be held liable in any way whatsoever. In the event of a dispute at the time of the auction, i.e. if it is established that two or more bidders have simultaneously made an equivalent bid, either aloud or by sign, and claim the lot at the same time after the word "adjugé" has been pronounced, the said lot will be reoffered for sale at the price proposed by the bidders, and all members of the public present will be admitted to bid again.
- In accordance with article L321-17 of the French Commercial Code, civil liability claims arising from voluntary sales are subject to a five-year statute of limitations from the date of the auction.
- Only French law is applicable to this sale. Only French courts are competent to hear any dispute relating to the present sale.
Lots marked with " ° " include elephant ivory which is free to sell as it predates 3/03/1947.
Should the buyer wish to export the item outside the EU, he must obtain an export permit in his name from the DRIEE. This is at the buyer's expense.
Lots preceded by a "J" will be subject to a judicial report at the legal buyer's expense of 12% ex VAT, i.e. 14.40% inc VAT.
PURCHASE ORDERS AND TELEPHONE AUCTIONS
MILLON does not charge for taking and executing purchase orders and telephone bids. MILLON will do its best to execute bids received in writing up to 2 hours before the sale. MILLON shall not be held liable for any failure to execute a bid order or for any error or omission in the execution of such orders. Furthermore, MILLON will not be held liable if the telephone connection is interrupted, not established or late in the case of telephone auctions. Although MILLON is prepared to accept telephone orders up to the end of the exhibition hours at the latest, it accepts no liability for non-fulfilment due to errors or omissions in connection with telephone orders.
Please note that telephone conversations during telephone auctions at Hôtel Drouot may be recorded.
Irrevocable offer to purchase :
Any bidder may send the Auction House an irrevocable bid for the purchase of a lot appearing in the sales catalog in order to give the Auction House a firm, definitive, irrevocable and unconditional instruction to bid on his behalf up to a certain sum (regardless of the amount of any other bids). In this context, it may be agreed that the Bidder will receive an indemnity calculated either on the hammer price, or corresponding to a lump sum.
If an irrevocable bid for a lot is received by the Auction House before the sale, it will be mentioned in the sale catalog that the lot is the subject of an irrevocable bid. If an irrevocable offer to purchase is received after the sale catalog has been printed, the auction house will announce in the auction room, when the lot is put up for auction, that the lot is the subject of an irrevocable bid.
Any third party advising you on the purchase of a lot subject to an irrevocable bid is required to disclose to you the existence of any financial interest in the lot. If a third party advises you on the purchase of a lot subject to an irrevocable offer to purchase, you must require them to disclose whether or not they have a financial interest in the lot.
Any person preparing to bid on the lot subject to an irrevocable offer to purchase, who has a direct or indirect, permanent or occasional community of interest with the Author of the Offer, and who has agreed with the latter on a financial arrangement likely to hinder the bidding, is liable to criminal sanction in accordance with the provisions of article 313-6 of the French Penal Code, which states that: "The act, in a public auction, by gifts, promises, agreements or any other fraudulent means, of excluding a bidder or limiting bids or tenders, is punishable by six months' imprisonment and a fine of 22,500 euros. Accepting such gifts or promises is punishable by the same penalties. The same penalties apply to: 1° Obstructing or disrupting free bidding or bidding at a public auction by violence, assault or threats; 2° Proceeding with or participating in a re-auction after a public auction without the assistance of the competent ministerial officer or sworn goods broker, or a declared operator of voluntary sales of furniture by public auction. Any attempt to commit an offence under this article shall be subject to the same penalties.
DEPOSIT
MILLON reserves the right to request a deposit from bidders when they register.
This deposit will be automatically withdrawn if the bidder fails to pay within 15 days of the sale (invoice date).
AUCTIONS VIA DIGITAL PLATFORMS
MILLON cannot be held responsible for the interruption of a Live service during a sale, or for any other malfunction that may prevent a buyer from bidding via a technical platform offering the Live service. The interruption of a Live auction service during a sale does not necessarily justify the auctioneer stopping the sale.
In the event of bids being placed between the hammer blow and the adjudication (pronouncement of the word "adjugé" for live auctions), the auctioneer will resume the bidding.
In the case of live auctions, i.e. simultaneously in the auction room and online, priority will be given to the bid placed in the auction room in the event of simultaneous bids.
AUCTION LEVELS
Bidding increments are left to the discretion of the auctioneer in charge of the sale. If the amount of the bids proposed - either physically, by telephone, by firm purchase order, live or by "secret order" deposited on partner relay platforms - is deemed insufficient, inconsistent with the amount of the previous bid or likely to disrupt the proper conduct, fairness and pace of the sale, the auctioneer may decide not to take them into account.
COSTS TO BE BORNE BY THE BUYER
The buyer will pay MILLON, in addition to the hammer price per lot, a degressive auction commission per tranche of :
- 25% excl. tax, i.e. 30% incl. tax *
Except for :
- Less than €2,500: 27.5% excluding VAT (33% including VAT *)
Then degressive as follows:
- 20.83% excl. tax (i.e. 25% inc. VAT *) from €500,001 to €1,500,000
- 16.66% excl. tax (i.e. 20% inc. VAT *) above €1,500,001
*Current VAT rate: 20%.
Total price = auction price (hammer price) + auction commission
In addition :
- for lots purchased via the Interencheres.com platform, the selling costs payable by the buyer are increased by 3% excluding VAT of the hammer price (see CGV of the Interencheres platform).
- for lots purchased via the Drouotlive.com platform, the buyer is charged an additional selling fee of 1.5% (excl. VAT) of the hammer price (see Drouotlive.com platform GTC).
- for lots purchased via the Invaluable.com platform, the buyer will be charged an additional 3% of the hammer price before tax (see Invaluable.com platform's General Terms and Conditions of Sale).
- for fully dematerialized online sales carried out via the Drouotonline.com platform, the buyer will be charged an additional 3% of the hammer price before tax (see Drouotonline.com GTC).
- for all sales taking place at our furniture storage facility at 116 Boulevard Louis-Armand, 93330 Neuilly-sur-Marne, the sales charges payable by the buyer in addition to the hammer price will be 29.17% excl. tax (i.e. 35% incl. VAT), plus delivery charges of €2.40 incl. VAT per lot.
- For all sales in the Pop Culture and Fashion departments, sales fees will be increased by €1.80 per lot, incl. VAT.
APPLICABLE VAT REGIME
In accordance with article 297-A of the French General Tax Code, the SVV is subject to VAT on the margin. As recalled by the Conseil de ventes volontaires, "VAT on the margin (the margin being in practice made up of the sum of buyers', sellers' and recovered costs) does not give the right to recovery by the buyer. The auctioneer must not show any VAT on the sales slip given to the buyer (no mention of VAT or details of the VAT portion of the acquisition costs)".
COLLECTION, INSURANCE, STORAGE AND TRANSPORT
MILLON will only hand over the lots sold to the buyer once the total price has been received. It is the purchaser's responsibility to insure the lots as soon as they are sold, since from that moment on, the risks of loss, theft, damage or other are the purchaser's sole responsibility. MILLON declines all responsibility for the damage itself or for the buyer's failure to insure against such damage. Winners are advised to collect their lots promptly.
No compensation will be payable in particular for damage to frames and glass covering the lots. Plinths are for display purposes only and do not form an integral part of the work.
DEFERRED COLLECTION AND STORAGE :
MILLON will provide free storage for 30 days after the sale. After this period, storage and transfer costs from our premises to our storage facility at 116 bd Louis Armand - 93330 Neuilly sur Marne, will be invoiced at the rate of :
- 10 € excl. tax / Lot / completed week for a volume greater than 1 M3
- 7 € excl. tax / lot / completed week for volumes of less than 1 M3
- 5 excl. tax / lot / past week for "hand-held" storage.
These conditions and charges do not apply to lots deposited in the Hôtel Drouot warehouse, the cost of which depends on the Hôtel Drouot itself (see Sales and storage at Drouot).
Important reminder:
For sales known as "des Aubaines", and all those carried out in our storage facilities, free storage will not exceed 7 days.
For sales in Salle VV, (3 rue Rossini 75009 PARIS):
We would like to inform our customers that furniture, carpets and bulky items will be transferred to our storage facility in Neuilly sur Marne (address above) and will be made available to buyers after full payment of the consignment note.
TRANSFER REQUESTS FOR REMOVAL FROM AFTER-SALES STORAGE :
All requests to transfer lots between our Paris addresses and/or our storage facility will be invoiced in addition to the initial purchase slip:
- 15 € excl. tax per small lot not exceeding 5 items.
- 40 € excl. tax per purchase order not exceeding 5 items and up to 1 M3.
For larger quantities, transfer requests can only be made after acceptance of a quotation.
Furniture is excluded from the so-called "shuttle transferable" lots, but may be subject to delivery estimates.
If the transferred lots are not claimed more than 7 days after their registration in the destination premises, they will be returned to our storage facility without possibility of reimbursement, and the free storage periods will resume from the day of the sale.
Long-term storage can be negotiated with our teams.
FOR FURTHER INFORMATION :
116, Bd Louis Armand, 93330 Neuilly-sur-Marne, France
116@millon.com
Lots may not be delivered or collected without full payment of storage and delivery charges.
SALES AND STORAGE AT HOTEL DROUOT
For sales taking place at the Hôtel Drouot, furniture, carpets and bulky or fragile items will be stored in the Magasinage department of the Hôtel Drouot.
Access is via 6bis rue Rossini - 75009 Paris and is open Monday to Saturday from 9am to 10am and from 1pm to 6pm.
Hôtel Drouot's shopping service is independent of MILLON. This service is subject to a fee, which is payable by the purchaser (information:
magasinage@drouot.com).
TEMPORARY IMPORTATION
Purchasers of lots marked with * will be required to pay import VAT (5.5% of the hammer price, 20% for jewelry and watches, automobiles, wines and spirits, and multiples) in addition to the sale price.
LEAVING FRENCH TERRITORY
The departure of a lot from France may be subject to administrative authorization.
Obtaining the relevant document is the sole responsibility of the buyer of the lot concerned by this provision. Delay or refusal by the authorities to issue exit documents will not justify cancellation of the sale, delay in payment or rescission. If our company is requested by the purchaser or his representative to make these exit requests, all costs incurred will be at the purchaser's expense. This operation is merely a service provided by MILLON. Export formalities (certificate applications for cultural objects, export licenses) are the responsibility of the purchaser and may require a delay of 2 to 3 months.
EXPORT AFTER THE SALE
According to the Bulletin officiel des Finances publiques BOI-TVA-SECT-90-50, "exports of goods sold at public auction are exempt from VAT under article 262-I of the CGI. The exemption is justified under the conditions of ordinary law set out in BOI-TVA-CHAMP-30 et seq.
The VAT collected on the sale costs, or that collected on the temporary importation of the lot, can then be reimbursed to the winning bidder within the legal timeframe, on presentation of the documents justifying the export of the lot purchased.
In this case, the buyer must provide the SVV with the "document administratif unique" (DAU) stamped by the customs department or, if applicable, another document in lieu thereof.
Proof of export is provided by means of the export document duly stamped by the customs office of exit from the European Community (CGI, ann. IV, art. 24 ter).".
PRE-EMPTION BY THE FRENCH STATE
In certain cases defined by law, the French State has the right to pre-empt works sold at public auction. In such cases, the French State takes the place of the last bidder, provided that the declaration of pre-emption made by the State's representative in the auction room is confirmed within fifteen days of the sale. MILLON cannot be held responsible for any pre-emptive decisions made by the French State.
RESPONSIBILITY OF BIDDERS
By bidding on a lot by any of the means of transmission proposed by MILLON, bidders assume personal responsibility for paying the hammer price of the lot, plus the hammer commission and any duties or taxes due. Bidders are deemed to be acting in their own name and for their own account, unless otherwise agreed in writing with MILLON prior to the sale.
Subject to the decision of the authorized auctioneer and provided that the final bid is greater than or equal to the reserve price, the last bidder will become the buyer, and the blow of the hammer and the pronouncement of the word "adjugé" will materialize the acceptance of the last bid and the formation of the sales contract between the seller and the buyer. In the event of a dispute by a third party, MILLON may hold the bidder solely responsible for the bid in question and its settlement.
PAYMENT OF THE TOTAL PRICE
MILLON hereby specifies and reminds the buyer that the sale by public auction is for cash, and that the buyer must immediately pay the full amount of his purchase, regardless of whether he wishes to remove his lot from French territory (see "Removal from French territory").
Payment may be made as follows:
- in cash up to a limit of €1,000 for French residents / €15,000 for private individuals whose tax domicile is abroad (on presentation of proof);
- by bank or postal cheque, subject to presentation of valid proof of identity (cheques will not be issued until twenty days after payment. Foreign cheques are not accepted);
- by Visa or Master Card ;
- online payment:
https://www.millon.com/paiement-en-ligne ;
- by bank transfer in euros to the following address:
DOMICILIATION: NEUFLIZE OBC
3, avenue Hoche - 75008 Paris
IBAN FR76 3078 8009 0002 0609 7000 469
BIC NSMBFRPPXXX
For bidders who have bid via the Interenchères.com platform, MILLON will deduct the total price from the bidding slip directly from this site within 48 hours of the end of the sale.
LATE PAYMENT
After 30 days (invoice date), any late payment will incur late payment penalties equal to 3 times the legal interest rate, as well as a fixed indemnity for collection costs of 40 euros.
MILLON subscribes to the TEMIS service, which enables it to consult and update the File of restrictions on access to auction sales ("TEMIS File"), operated by Commissaires-Priseurs Multimédia (CPM), S.A., whose registered office is located at 37 rue de Châteaudun, 75009 Paris, France (RCS Paris 437 868 425).
All auction slips which remain unpaid to MILLON or which are subject to late payment are liable to be registered in the TEMIS file.
For further information, please consult the TEMIS data protection policy:
https://temis.auction/statics/politique-protection-dp-temis.pdf
PAYMENT DEFAULT
In the event of non-payment, in accordance with article L321-14 of the French Commercial Code, when the sale is cancelled or the work is resold under the "folle enchère" procedure, the defaulting bidder will be liable for the difference between the initial hammer price and the second hammer price (including costs).
In all cases, the defaulting buyer must pay MILLON a fixed indemnity corresponding to the sum of :
(i) the amount of the buyer's costs.
(ii) 40 € in collection costs, as compensation for the loss suffered, without prejudice to any additional damages due to the seller.
(iii) The full amount of late payment penalties invoiced at the time of the last reminder.
MILLON also reserves the right to offset any sums owed by the defaulting buyer, or to cash any deposit cheques.
SHIPMENT OF PURCHASES
We inform our customers that MILLON's logistics department offers delivery of lots at the end of the sale in Paris and within a 40km radius of Paris.
Please contact
livraison@millon.com for a quotation.
For shipments outside this area, MILLON recommends using its partner carrier (THE PACKENGERS -
hello@thepackengers.com) or any other carrier of the customer's choice.
In any case, MILLON cannot be held responsible for the shipment, handling and storage of the lot during transport by a third party.
If MILLON agrees to handle the shipment of an item on an exceptional basis, its liability cannot be called into question in the event of loss, theft or accidents, which remain the responsibility of the buyer. Furthermore, this shipment will only be carried out on receipt of a letter discharging MILLON of its responsibility in the future of the item shipped, and will be at the exclusive financial expense of the buyer.
INTELLECTUAL PROPERTY RIGHTS
The sale of a lot does not imply the transfer of reproduction or representation rights of which it may constitute the material support.
