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These General Conditions of Sale are applicable, for the provisions which concern them, to any person carrying or wishing to carry bids, directly or through an intermediary, on the occasion of the voluntary sale of furniture by public auction which is subject to them, as well as to any person winning the bids.
DEFINITIONS
Hereinafter, the following terms are defined as follows:
INFORMATIONS AND WARRANTIES
All Lots are sold in the condition they are in at the time of their Auction, with their potential defects and imperfections.
The fact that the description does not include any particular information on the condition of a Lot does not mean that the Lot is free of defects or imperfections.
The information appearing in the Catalogue is filled in by Millon and the independent experts mentioned in the Catalogue, and may be modified by rectifications, notifications and/or declarations made before the Lots are put up for auction, and recorded in the minutes of the Sale.
The information appearing in the Catalogue, in particular the characteristics, dimensions, colors, condition of the Lot, incidents, accidents and/or restorations affecting the Lot cannot be exhaustive, reflect the subjective assessment of the expert who has informed them, and therefore cannot suffice to convince any interested party to bid without having personally inspected the Lot, once it has been the subject of a public exhibition.
For all Lots whose low estimate in the Catalogue exceeds 2,000 euros, a condition report on the state of conservation may be made available to any interested party on request. All information contained in this report remains subject to the personal assessment of the interested party.
Civil liability claims arising from voluntary sales of furniture by public auction are barred after five years from the date of the Auction in accordance with article L.321-17 paragraph 3 of the French Commercial Code.
Lots marked with the symbol "°" include elephant ivory or rhinoceros horn, the sale of which is free under the exemptions provided for in the Order of May 4, 2017 amending the Order of August 16, 2016 on the prohibition of trade in elephant ivory and rhinoceros horn on national territory, and have been the subject of an intra-Community certificate required for their sale on the territory of the European Union issued by the Direction régionale et interdépartementale de l'environnement, de l'aménagement et des transports (DRIEAT).
Lots preceded by a letter "J" will be sold by the company [...], holder of a judicial commissioner's office, and will be the subject of a judicial report and will generate legal sales costs of 12% excluding VAT of the Auction Price (i.e. 14.40% including VAT) to be borne by the Auctioneer.
A currency conversion system may be set up at the Sale. The currency counter-values of bids placed in the room in euros are provided for information only.
BIDDERS' CHARTER:
By participating in public auctions at MILLON, 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 any 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, jewelry items, coins and silverware, porcelain, glass and crystalware, watches and musical instruments, as well as electronic and electrical items.
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 taking part in public auctions at MILLON, bidders accept liability for failure to comply with the above obligations.
MILLON is at your disposal for any further information: service-client@millon.com
CAUTION
Millon reserves the right to request a deposit from persons wishing to place bids when they register.
The amount of this deposit will be automatically deducted by Millon from the Sale Price if the Bidder has not paid it within 15 days of the Sale.
BID ORDERS AND BIDDING BY TELEPHONE
Bid Orders and Bidding requests by Telephone are taken into account and executed by Millon free of charge.
Millon will endeavor to execute Telephone Bidding Orders and requests that are transmitted to it in writing up to two hours before the sale.
Millon will not assume any responsibility if, in the context of Telephone Bidding, the telephone connection could not be established or is interrupted.
While Millon is prepared to record requests for Telephone Auctions until the end of the exhibition hours, it will not assume any responsibility in the event of non-fulfillment of requests transmitted on the day of the sale itself.
Telephone exchanges during Telephone Auctions may be recorded.
Any interested party may send Millon an Irrevocable Purchase Order in return for which it may be agreed that its author will receive a fixed indemnity or one proportional to the Auction Price in the event that the Lot is auctioned to a third party at a price higher than the amount of the bid.
The Irrevocable Purchase Order will be indicated in the Catalogue if Millon receives it prior to the edition of the Catalogue in paper format, and will be the subject of a mention prior to the auctioning of the Lot concerned.
Any bidder who receives advice from a third party for the purchase of a Lot that is the subject of an Irrevocable Purchase Order must ask this third party to disclose his financial interests in this Lot, and this third party is obliged to disclose them to him.
Bidding or attempting to bid on a Lot that is the subject of an Irrevocable Purchase Order while holding a direct or indirect, permanent or occasional community of interest with the author of the Irrevocable Purchase Order, and agreeing with the latter a financial arrangement of such a nature as to hinder the bidding, is punishable by 6 months' imprisonment and a fine of €22,500 pursuant to article 313-6 of the French penal code.
BIDDING ON DIGITAL PLATFORMS
Millon cannot be held responsible for the interruption of a Digital Platform service during the Sale or for any other malfunction likely to prevent the user from placing bids.
The interruption of a Digital Platform service during the Sale does not necessarily justify the interruption of the Sale by the Auctioneer.
In the context of Sales simultaneously in the Sales Room and online, in the event of concomitant bids, the bid placed in the Sales Room takes priority over the bid placed on a Digital Platform.
BIDDING LEVELS AND ADJUDICATION
Bidding levels or increments are defined at the discretion of the Auctioneer in charge of the Sale.
If the amount of a bid is deemed insufficient, inconsistent with the amount of the previous bid or of such a nature as to disrupt the proper conduct, fairness and pace of the sale, the Auctioneer may decide to disregard it.
The Adjudication is materialized by the blow of the hammer and the pronouncement of the word "adjugé" by the Auctioneer and/or the display of the word "adjugé" in the context of auctions on Digital Platforms.
The pronouncement of the word "adjugé" prevails over the display of the word "adjugé".
In the event of a bid placed between the blow of the hammer and the pronouncement of the word "adjugé", the Auctioneer will resume bidding.
In the event of a dispute over the Adjudication of a Lot, 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 re-auctioned at the price proposed by the competing bidders, and all the public present will be admitted to bid again.
BIDDERS' RESPONSIBILITY
By bidding on a Lot, directly or through an intermediary, bidders assume personal responsibility for paying the Sale Price plus any duties or taxes due.
Bidders are deemed to be acting in their own name and for their own account unless otherwise indicated in writing to Millon prior to the Sale.
Subject to the decision of the authorized Auctioneer, and subject to the final bid being greater than or equal to the Reserve Price, the last bidder will become the successful Bidder.
The Lots awarded are under the full responsibility of the successful Bidder from the moment of the Auction.
FEE AT THE CHARGE OF THE BIDDING PARTY
The Bidder will pay Millon, in addition to the Auction Price, an Auction Commission equal to a percentage of the Auction Price degressive by bracket defined as follows:
Except for:
Then degressive as follows:
In addition, the Auction Commission is increased as follows in the following cases:
" www.invaluable.com " (v. GTC of the " www.invaluable.com " platform) + 0.45% excl. tax (i.e. 0.54% incl. tax*) cyber-clerc service;
By exception, for all sales taking place at Millon's furniture storage facility located at 116, boulevard Louis-Armand in Neuilly-sur-Marne (93330), the Adjudication Commission is 29.17% HT (i.e. 35% incl. VAT*), plus delivery charges of €2.40 incl. VAT per lot.
*VAT rate in force: 20%
APPLICABLE VAT REGIME
In accordance with Article 297-A of the French General Tax Code, Millon is subject to the VAT margin regime.
As recalled by the Conseil des maisons de vente, the sector's regulatory authority, "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 sales operator must not show any VAT on the sales slip given to the successful bidder (no mention of VAT or sales tax, nor detail of the VAT portion of the acquisition costs)."
PAYMENT OF THE SALE PRICE
The sale at public auction is for cash, and the successful bidder must pay the Sale Price immediately after the Auction, regardless of whether he wishes to remove his Lot from French territory (v. infra "Leaving French territory").
The Auctioneer must pay the Sale Price personally and, in particular, in the event of payment from a bank account, must be the holder of that account.
For any invoice payment in excess of €10,000, the origin of the funds will be claimed from the Auctioneer in accordance with article L.561-5, 14° of the French Monetary and Financial Code.
Payment may be made as follows:
DOMICILIATION: NEUFLIZE OBC
3, avenue Hoche - 75008 Paris
IBAN FR76 3078 8009 0002 0609 7000 469
BIC NSMBFRPPXXX
Awardees who have bid via the Live platform "www.interencheres.com", will be debited on the Bank Card registered at the time of their registration for slips under €1,200 within 48 hours of the end of the Sale unless otherwise notified.
In the event of the purchase of several lots, unless otherwise indicated by the buyer at the time of the partial payment, the latter waives the benefit of article 1342-10 of the Civil Code and leaves Millon to charge his partial payment against his various price debts, in the interest of the parties and seeking the efficiency of all sales contracted.
LATE PAYMENT
After 30 days following the Sale, 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.
Millon subscribes to the TEMIS service enabling the consultation and supply of the auction access restrictions file ("Fichier TEMIS") implemented by the company Commissaires-Priseurs Multimédia (CPM), S.A having its registered office at (75009) Paris, 37 rue de Châteaudun (RCS Paris 437 868 425).
Any Sale Price that remains unpaid to Millon or has been subject to late payment is 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
DEFAULT OF PAYMENT
In the event of default of payment, when the sale is resolved or the property resold on reiteration of the bids in application of the provisions of article L.321-14 of the French Commercial Code, the defaulting Auctioneer shall pay Millon a fixed indemnity equal to the amount of the Auction Commission for which it was liable, plus late payment penalties equal to 3 times the legal interest rate beyond 30 days following the Sale, as well as a fixed indemnity for collection costs of €40.
In the event of non-payment, when the property is resold on reiteration of the auctions in application of the provisions of article L.321-14 of the French Commercial Code, the defaulting Auctioneer shall also pay Millon, acting on behalf of the Seller, the difference between the first Auction Price and the second Auction Price, if the latter is lower than the former, without prejudice to any damages that may be due to the Seller and Millon.
Millon also reserves the right to set off any sums owed by the defaulting Auctioneer or to cash any deposit cheques.
PICK-UP OF LOTS, INSURANCE, STORAGE AND TRANSPORT
Millon will only hand over the Lots sold to the Successful Bidder once the entire Sale Price has been collected.
It is the Successful Bidder's responsibility to insure the Lots from the moment of their Auction as he bears the risks of loss, theft, damage or otherwise from that moment in accordance with Article 1196 of the Civil Code. Millon declines all responsibility for the damage itself, including damage to frames and glass, and for the failure of the successful bidder to cover such risks.
Bidders are advised to proceed with the prompt removal of their Lots.
The presentation pedestals do not form an integral part of the Lot.
DEFERRED WITHDRAWAL OF PURCHASES AND STORAGE
Unless otherwise indicated, the withdrawal of Lots takes place at Millon's headquarters located at 19, rue de la Grange-Batelière in Paris (75009).
Millon will provide free storage for 30 days from the Sale.
After this period, storage and transfer fees from our premises to Millon's furniture storage facility located at 116, boulevard Louis Armand in Neuilly-sur-Marne (93330) will be invoiced at the rate of :
Concerning sales entitled "Les Aubaines", and all those carried out in Millon's storage facility located at 116, boulevard Louis Armand in Neuilly-sur-Marne (93330), free delivery will not exceed 7 days from the Sale.
For sales in Salle VV (3, rue Rossini, 75009 PARIS), furniture, carpets and bulky items will be transferred to Millon's furniture storage facility located at 116, boulevard Louis Armand in Neuilly-sur-Marne (93330) and at the disposal of the Auctioneers after payment of the Sale Price.
These conditions and charges do not apply to Lots deposited at the Hôtel Drouot storage facility, the cost of which depends on Hôtel Drouot itself (see Paragraph Sales and Storage at Drouot).
*Current VAT rate: 20%
TRANSFER FOR REMOVAL OUT OF STORAGE
Any request to transfer Lots between the various Paris addresses and/or Millon's storage will be invoiced:
For a higher volume of purchases, any transfer request 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 transferred Lots are not claimed within 7 days of their check-in at the destination premises, they will be returned to Millon's storage facility without possibility of reimbursement and the period of free storage will resume from the day of the Sale.
Long-term storage can be negotiated with Millon.
FOR ANY INFORMATION:
116, Bd Louis Armand, 93330 Neuilly-sur-Marne
No delivery or removal of lots will take place without full payment of the provision and storage charges.
*VAT rate in force: 20%
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 at the Magasinage department of the Hôtel Drouot located at 6bis, rue Rossini in Paris (75009).
The Magasinage service of the Hôtel Drouot is a service independent of Millon.
This service is subject to a fee, and charges are payable by the Adjudicator (information and appointment booking for withdrawals: magasinage@drouot.com).
EXPEDITION OF PURCHASES
Millon's logistics department offers delivery of Lots at the end of the Sale in Paris and within a 40 km radius of Paris.
Any request for a quote should be addressed to: livraison@millon.com
For shipments outside this perimeter, MILLON recommends using its partner carrier (THE PACKENGERS - hello@thepackengers.com).
In any case, the shipping, handling and storage of the Lot during its transport by a third party does not engage Millon's responsibility.
If Millon agrees to handle the shipping of an item on an exceptional basis, its responsibility cannot be engaged in the event of loss, theft or accidents, the risks of which are borne by the Adjudicator.
This shipment will be made only after receipt of a letter discharging Millon from liability in this respect, and will be at the exclusive financial expense of the Adjudicator, who must take out insurance in this respect.
EXCLUSIVELY ONLINE SALES
The right of withdrawal is applicable in the context of sales made at the conclusion of Exclusively Online Auctions between a professional Seller and a consumer Adjudicator within the meaning of the preliminary article of the French Consumer Code.
The consumer has a period of fourteen days from the day following the date of receipt of the Lot awarded to him to exercise his right of withdrawal, and this period is extended to the next working day if it expires on a Saturday, Sunday, public holiday or non-working day, in accordance with article L.221-18 of the French Consumer Code.
The consumer exercises his right of withdrawal by informing Millon of his decision to withdraw by sending, before expiry of the aforementioned period, the form annexed to article R.212-1 of the French Consumer Code reproduced below:
MODEL OF WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of [the professional here inserts his/her name, geographical address and e-mail address]:
I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in the case of notification of this form on paper):
Date:
(*) Strike out what does not apply.
This form must be sent to the following address:
MILLON, 19 rue de la Grange Batelière, 75009 Paris
Within fourteen days of the communication of its decision to withdraw, the consumer must return the Lot to the above address, at its own expense.
The returned Lot must be strictly in the same condition as at the time of its Auction.
The return of the Lot and the withdrawal from the sale will be refused if it is not returned within the aforementioned period of fourteen days or if it is in a condition different from that in which it was at the time of its Adjudication.
Millon will refund the Sales Price to the Adjudicator on the day of receipt of the good, or on the day of receipt of proof of shipment of the good, in accordance with article L.221-24 of the French Consumer Code.
From the date of payment, the Auctioneer has a period of forty-eight hours to come and take delivery of his Lot.
TIMPORARY IMPORTATION
Awardees of Lots marked with an "*" symbol will be required to pay, in addition to the Auction Commission, import VAT (5.5% of the Auction Price in principle, and 20% of the Auction Price for jewelry and watches, automobiles, wines and spirits and multiples).
EXIT FROM FRENCH TERRITORY
The exit of a Lot from France may be conditional on administrative authorization.
The sale of the Lot to the Auctioneer is perfect irrespective of the obtaining of any administrative authorization necessary for its export, and the delay or refusal to issue the administrative authorization will not justify either the cancellation of the sale, or the resolution of the sale, or any deferred payment of the Sale Price.
The Auctioneer is solely responsible for the application for administrative authorization to export his Lot
If Millon is requested by the Auctioneer to initiate this application for administrative authorization, the costs incurred will be borne by the Auctioneer and this service will be rendered by Millon without any guarantee of result. Export formalities (applications for certificates for cultural property, export licenses, export permits from the DRIEAT) for Subject Lots are the responsibility of the Adjudicator.
In accordance with 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 Auction Commission or that collected in respect of a temporary import of the Lot may then be refunded to the Auctioneer within the legal time limits on presentation of the documents justifying the export of the Lot concerned.
In this case, the buyer must provide Millon with the "single administrative document" (DAU) endorsed by the customs service or, where 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).
PREEMPTION OF THE FRENCH STATE
The French State has, in certain cases defined by law, a right of pre-emption of 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 formulated by the State representative in the auction room is confirmed within fifteen days of the Sale.
Millon cannot be held responsible for any pre-emption decisions made by the French State.
INTELLECTUAL PROPERTY
The sale of a Lot does not entail the transfer of copyright, and in particular the rights of reproduction or representation of the work, of which it may constitute the material support.
PERSONAL DATA
Millon undertakes to ensure the protection of personal data collected as part of the organization of Public Auctions, under the conditions defined by the privacy policy available for consultation on the Millon website at the following address: https://www.millon.com/infos-legales/confidentiality
Any person carrying or wishing to carry bids is invited to consult the privacy policy on the Millon website for any information relating to the processing, collection, storage of their personal data as well as to become aware of the extent of their rights.
As part of its auction sales activities, Millon may be required to collect personal data concerning persons carrying or wishing to carry bids, and persons winning these bids.
These persons have the right to access, rectify and object to their personal data by contacting Millon directly.
Millon may use this personal data in order to meet its legal obligations and, unless the persons concerned object, in the performance of its activities (in particular sales and marketing operations).
This data may also be communicated to public authorities whenever required by regulations.
SETTLEMENT OF DISPUTES
In the event of a dispute with Millon, any individual or legal entity may submit a claim to Mr Yves Micolet, Government Commissioner to the Conseil des maisons de vente, by post to 19, avenue de l'Opéra, Paris (75009), or online via the Conseil des maisons de vente website (www.conseilmaisonsdevente.fr).
MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, the Sale and its aftermath, including the sales contract formed at the end of the auction, are governed by French law.
Bidders, Adjudicants, or their agents, agree that any dispute relating to the Sale shall fall within the exclusive jurisdiction of the French courts.
All provisions of these General Conditions of Sale are independent of one another, and the invalidity of any one of these provisions shall not affect the validity of the others.
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