Sales conditions - 1000 Lots d'automobilia Solo Ferrari
FRANCE EXPERTISES ENCHÈRES - STANISLAS MACHOÏR is an Auction House, registered under the number 2002/384 and regulated by the french law (July 2000).
THE AUCTIONEER: will conduct the auction in French and in accordance with established practice concerning auctions. The descriptions in English are given for illustrative purposes only and in case of dispute the French description will prevail. The Auctioneer reserves himself the right to organize and conduct the sale, to modify the course of the sale, to withdraw any lot from sale, to bring together or separate lots. In case of a dispute, the Auctioneer reserves himself the right to continue or cancel the sale of a lot, or to put a lot back up in the event of conflict between several bidders. In case of several bids effectively recognized by the auctioneer, the lot will be put back up for bidding; all potential buyers may participate bidding at that time.
CATALOGUE: The description in this catalog will be written in French. All lots are sold in current conditions. The description, general conditions, the verbal statement as well as the estimate given in the catalog are given as the expression by STANISLAS MACHOÏR of the perception of the lot but cannot constitute the proof of a fact.
LOTS NON INCLUDED IN THE CATALOGUE: Some lots may be added to the sale without being included in the catalog. A supplementary list will be post during the exhibition and announced before the sale began.
VIEWING: The viewing is open to the public. This exhibition allows bidders to appreciate and examine any condition of the lots. STANISLAS MACHOÏR is at disposal of potential buyers to provide reports on conditions of the lots. No claims will be accepted once the hammer falls. Any amendment will be posted during the public exhibition and announced before the sale begins.
THE SALE: All potential buyers are request to register at the front desk at least an hour before the sale takes place. By registering, bidders agree to have read and accepted the conditions of the sale. A registration number will be provided allowing you to participate by bidding. Any person is deemed acting on his own behalf except when prior notification, accepted by STANISLAS MACHOÏR is given that he acts as an agent of a third person. Bids can be executed at the sale’s room, by phone (telephone bids) or through the absentee bid form. Any person presenting himself as a bidder should have read and accept the terms and conditions of this catalog.
COMMISSIONS: The Auctioneer will be pleased to execute Commissions, on conditions the lots have been viewing by the intended purchaser or his authorized Agent. Lots will be procured as cheaply as is permitted by other bids. All Lots bought on commission must be paid for within 7 days of the date of sale, regardless whether or not they have been collected.
BIDDING BY TELEPHONE: STANISLAS MACHOÏR may graciously accept to receive bids by telephone from a potential buyer who has expressed such a request before the sale. Telephone bid orders must be submitted at least one hour before the sale. STANISLAS
MACHOÏR will bear not liability or responsibility whatsoever in the event of telephone malfunction or when the communication breaks down. No guarantee is made as a result of orders received by mail, because of uncertainty about the security of the issuer.
ABSENTEE BID FORM: This form is an authorization from the buyer to purchase under the best conditions on his behalf. This form should be accompanied by your ID, your bank details, as well as the maximum bid in euros for each lot (ex. Premium buyers and VAT). The absentee bid order form should be sent by fax or by mail at least one hour before the sale. If you are the successful bidder, we will contact you at the end of the sale. If the auctioneer receives multiple bid orders regarding identical bids, priority should be given to the first form received. Telephone bids may be arranged for lots with a low estimate of at least 1500 euros.
SUCESSFUL BIDDER: The successful bidder is the person who brought the highest bid equal or higher than the reserve price (if stipulated). The auctioneer hammer’s stroke followed by the word 'adjugé' materializes the sale of the lot.
The full payment is the mandatory condition to deliver the lot to the successful bidder.
CLEARANCE: Purchased Lots should be cleared on the day of the sale or the day following. Any Lot remaining o the Premises after 10 working days will be removed to the Auction Storage entirely at the owner’s risk and expenses.
PACKING&SHIPPING: We do not undertake the postage, packing or delivery of items, but we recommend for such operations to be carried out by trusted collectors. If you wish to have your items for auction collected, we are happy to arrange this for you.
RESERVE PRICE: All lots have a reserve price (unless the opposite has been established) which is the confidential minimum price below which the lot shall not be sold. Certain lots may be put forward without reserve and they shall be marked with an asterisk(*)followed by the sentence ‘sans reserve’. The Auctioneer decides at its sole discretion the starting price which is generally below the low estimate. In the event of a lacking of bidding, the lot will be withdrawn of the sale. In the event that a reserve price has been stipulated by the seller, STANISLAS MACHOÏR, reserves itself the right to bid on behalf of the seller until the reserve price is reached.
SETTING A PRICE: The starting price is the starting point of the auction. There is no connection between the starting price, reserve price and the low estimate.
HAMMER PRICE AND THE BUYERS PREMIUM: The hammer price represents the last bid which marks the materialization of the sale between the seller and the buyer In addition to the hammer price the buyer’s agrees to pay STANISLAS MACHOÏR a premium of 24% on the hammer price (VAT included) on automobilia lots and 20% (VAT included) = 28.80%.
PAYMENT AND VAT: The sale shall be executed in euros [€]. Anyone who is a bidder agrees to pay personally and immediately the total purchase price, as well as the applicable fees and taxes.
BUYER’S PREMIUM: In addition to the hammer price, buyers agree to pay a Premium. An invoice shall be issued at the end of the sale. For absentee buyers, it will be sent by mail and by fax at the earliest and by post mail a day after the sale. VAT In the event that a lot might be exported to a country outside the EU, the owner shall notify the auctioneer as soon as the lot is sold. STANISLAS MACHOÏR disclaims any responsibility for legal consequences of a buyer’s false statement.
PAYMENT: By french check: STANISLAS MACHOÏR accepts only checks in euro. Lots will be only delivered after effective receipt of the payment. The transfer of ownership will be made by STANISLAS MACHOÏR after the total and effective payment. a) In cash in euros within the following limits: -1000 euros for French residents and traders (including fees and taxes) -10,000 euros (including fees and taxes) for all those persons not having its residence in France for tax purpose, upon presentation of official proof of identity and address. b) By bank transfer in euros: our bank references will be given to the buyer directly. All cost, such as bank commissions should be paid by the buyer.
PRE-EMPTION: The French state has a right of pre-emption on movable property put up for sale at public auctions. This right shall be effective via a representative from the State. The State then replaces the last bidder and has 15 days to confirm the right of preemption.
‘FOLLE ENCHERE’ PROCEDURE: Should the buyer fail to pay the amount due, and after notice, the lot will be re offered sale at the seller's request under the procedure known as procedure de folle enchère (irresponsible bidding). If the seller does not formulate this request within one month after the auction, the sale will be automatically canceled, without prejudice to any damages owed by the defaulting buyer.
TRANSPORTATION: The removal and transport of lots purchased are the sole responsibility of the buyer. From Monday 7th December, all lots will be stored at the Auction House and will be available once payment has been cleared. If applicable, STANISLAS MACHOÏR may invoice to the buyer costs of storage, handling and transport.
STORAGE: 15 days after the sale: free of cost – Extra week: 10€ per lot.
STANISLAS MACHOÏR disclaims for any responsibility of the lot, as it is under the exclusive responsibility of the buyer or the seller. STANISLAS MACHOÏR will not be liable in the event or through theft, loss or degradation of any lot.
INSURANCE: The lots acquired shall be insured by the buyer exclusively and immediately after the sale. STANISLAS MACHOÏR disclaims all liability for damages that may occur from the moment the sale was pronounced by the auctioneer.
DAMAGES: Any person damaging a lot during the pre-sale viewing or during the sale will be held legally responsible.
INTELLECTUAL PROPERTY: STANISLAS MACHOÏR is the owner of the copyright in its catalogs. All illustrations, images and information provided by the seller may be used by STANISLAS MACHOÏR at its sole discretion in order to advertise the sales and the lots. Nevertheless, it is strictly forbidden to photograph or film the progress of the sale.
Photographs taken during the exhibition are permitted only for private use. Videos are not allowed.
JURISDICTION All terms and conditions in this catalog are completely independent from each other. In case of dispute regarding its validity and execution, the parties submit themselves to French law and their enforcement by the competent courts in Toulouse, France. In case of conflict between the two versions, the text on French version will prevail.