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.
By participating in this public auction, all buyers or their representatives 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 RIVIERA 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.
The dimensions, colors of the reproductions and information on the condition of the object are provided 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 RIVIERA 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.
BIDDERS' CHARTER :
By participating in public auctions at MILLON RIVIERA, bidders, whatever their nationality, undertake to comply with article 3 nonies of European Council regulation 2022/428 of March 15, 2022 and its annex XVIII, namely: A ban on the sale and direct or indirect transfer to Russia of works of art, antiques and collectors' items.
This ban also applies to cars, wines and spirits, leather goods, clothing and textiles, precious stones, pearls and jewelry, coins and silverware, porcelain, glass and crystal, watches and musical instruments, as well as electronic and electrical goods.
The unit value thresholds applied to this ban are as follows: Works of art, collectors' items and luxury goods: from €300 Land vehicles: from €50,000 (€5,000 for two-wheelers) Electronic items for domestic use: from €750 Electronic sound and image recording devices: from €1,000
By participating in public auctions at MILLON RIVIERA, bidders accept responsibility for any failure to comply with the above obligations.
MILLON RIVIERA is at your disposal for any further information: contact@MILLON RIVIERA-riviera.com or +33 (0)4 93 62 37 75.
PURCHASE ORDERS AND TELEPHONE AUCTIONS
MILLON RIVIERA does not charge for taking and executing purchase orders and bids by telephone.
MILLON RIVIERA will do its utmost to execute bids received in writing up to 2 hours before the sale.
MILLON RIVIERA cannot be held responsible for the non-execution of a bidding order or for any error or omission in the execution of such orders. Furthermore, MILLON RIVIERA will not be held responsible if the telephone connection is interrupted, not established or late in the case of telephone auctions.
Although MILLON RIVIERA is prepared to accept telephone orders up to the end of auction 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 bid :
Any bidder may send the auction house an irrevocable bid for the purchase of a lot listed in the sales catalog in order to give the auction house a firm, definitive, irrevocable and unconditional instruction to bid on his behalf for a certain sum (regardless of the amount of any other bids).
In this case, 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 bid for a lot 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° The act, in a public auction, of obstructing or disturbing the freedom of bids or tenders, by violence, assault or threats;
2° Proceeding with or participating in an 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 RIVIERA 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 RIVIERA 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 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.
BIDDING 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 RIVIERA, in addition to the hammer price per lot, an auction commission of :
- 25% excl. VAT, i.e. 30% incl. VAT *.
*VAT rate in force: 20% Total 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% (excl. 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).
COLLECTION, INSURANCE, STORAGE AND TRANSPORT
MILLON RIVIERA will only hand over the lots sold to the buyer once the total price has been received. It is the buyer'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 buyer's sole responsibility.
MILLON RIVIERA declines all responsibility for the damage itself or for the buyer's failure to insure against such damage. Buyers are advised to remove 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 WITHDRAWAL AND STORAGE :
MILLON RIVIERA will provide free storage for 45 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 / past week for volumes greater than 1 M3
- 7 € ex VAT / Batch / completed week for a volume of less than 1 M3
- 5 € excl. tax / lot / completed 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:
In the case of "bargain" sales carried out in our storage facilities, free storage will not exceed 15 days.
Concerning sales in Salle VV, (3 rue Rossini 75009 PARIS): We inform our kind customers that furniture, carpets and bulky items will be transferred to our furniture storage facility in Neuilly sur Marne (address above) and 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 volumes, transfer requests can only be made after acceptance of an estimate. Furniture is excluded from the so-called "shuttle transferable" lots, but may be subject to delivery estimates. If the transferred lots remain unclaimed for more than 7 days after their registration at the destination, they will be returned to our storage facility without refund, and the free storage period will resume from the day of the sale.
Long-term storage can be negotiated with our team (116@MILLON RIVIERA.com):
FOR MORE INFORMATION: Stéphane BOUSQUET 116, Bd Louis Armand, 93330 Neuilly-sur-Marne 116@MILLON RIVIERA.com
No delivery or collection of lots will be accepted without full payment of the storage and delivery charges.
SALES AND STORAGE AT THE 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, 9am to 10am and 1pm to 6pm.
Hôtel Drouot's shopping service is independent of MILLON RIVIERA. This service is subject to a fee, which is payable by the purchaser (information:
magasinage@drouot.com).
TEMPORARY IMPORTATION
Purchasers of lots marked with an asterisk (*) must 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 this document is the sole responsibility of the buyer of the lot in question. 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 RIVIERA.
Export formalities (certificate applications for cultural objects, export licenses) are the responsibility of the buyer and may require a delay of 2 to 3 months.
EXPORT AFTER THE SALE
VAT collected as part of the sale costs, or VAT collected as part of the temporary importation of the lot, may be refunded to the buyer within the legal time limit, on presentation of documents justifying the export of the lot purchased.
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 will take 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 RIVIERA cannot be held responsible for any pre-emptive decisions made by the French government.
RESPONSIBILITY OF BIDDERS
By bidding on a lot by any of the means of transmission proposed by MILLON RIVIERA, 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 prior to the sale and in writing with MILLON RIVIERA.
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, 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. Adjudicated lots are the sole responsibility of the successful bidder.
In the event of a dispute by a third party, MILLON RIVIERA may hold the bidder solely responsible for the bid in question and its settlement.
PAYMENT OF THE TOTAL PRICE
MILLON RIVIERA specifies and reminds you that the sale by public auction is for cash and that the successful bidder 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 individuals whose tax domicile is outside France (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 checks 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: CIC Lyonnaise de Banque
IBAN FR76 1009 6180 8500 0306 2490 209 BIC CMCIFRPP
LATE PAYMENT
After 30 days (invoice date), any delay in payment will incur late payment penalties equal to 3 times the legal interest rate, as well as a flat-rate indemnity of 40 euros for collection costs.
MILLON RIVIERA subscribes to the TEMIS service, which enables it to consult and update the auction access restrictions file ("Fichier TEMIS") 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 RIVIERA or which are subject to late payment may 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
DEFAULT OF PAYMENT
In the event of non-payment, if the sale is cancelled or the work is resold on reiteration of the bids under the conditions of article L321-14 of the French Commercial Code, the defaulting buyer shall pay MILLON RIVIERA a fixed indemnity corresponding to (i) the amount of the buyer's costs and (ii) €40 in collection costs, as compensation for the loss suffered, without prejudice to any additional damages due to the seller.
MILLON RIVIERA also reserves the right to offset any sums owed by the defaulting buyer or to cash any deposit cheques.
SHIPMENT OF PURCHASES
We would like to inform our customers that MILLON RIVIERA does not take responsibility for shipping goods after sales.
For all shipment requests, MILLON RIVIERA recommends using its partner carrier (THE PACKENGERS -
hello@thepackengers.com) or any other carrier of the customer's choice.
In any case, MILLON RIVIERA is not responsible for the shipping, handling and storage of the lot during transport.
If MILLON RIVIERA agrees to take care of the shipment of an item on an exceptional basis, its responsibility cannot be called into question in the event of loss, theft or accidents, which remain the responsibility of the buyer. In addition, this shipment will only be carried out on receipt of a letter discharging MILLON RIVIERA of its responsibility in the future of the item shipped, and will be the exclusive financial responsibility 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.
