GENERAL TERMS OF SALE - PIASA
“Public auctions are sales in which a third party participates as a representative of the owner or his agent to offer and award real estate to the highest bidder following a publicly available and transparent bidding process. The bidder acquires the property sold for his benefit. he is obliged to pay the price.
Apart from special provisions and in the case of private sales, these sales are open to anyone who can submit a bid and cannot affect the freedom of competition. (article L 320-2 of the Commercial Code)
The PIASA auction house is a voluntary sales organizer subject to the provisions of articles L 321-1 et seq. of the Commercial Code.
The auction house acts as the agent of the seller who enters into a contract with the buyer.
These general terms apply to auctions.
BEFORE SALE
- Description and presentation of plots
Prospective buyers are requested to inspect the goods they are interested in and note their condition prior to the auction and particularly during exhibitions.
PIASA is available to provide you with reports on the condition of the plots based on state of the art and scientific knowledge at the time of sale. Condition reports are available free of charge upon request to help a potential buyer assess the condition of the property.
The absence of a reserve in the catalog does not mean that the lot is in excellent condition and has no restorations or defects (wear, tears, restoration). The plots are sold in the condition they were in at the time of sale. Consequently, no complaints are allowed after the auction has taken place, as the lots have been checked during the exhibition.
The mentioned dimensions and weights are indicative values. Colors and shades may differ on paper or screen from what appears on physical examination.
- assessment
An estimate appears in the catalog after each batch. This is just an indication, the hammer price is the result of the free auction game.
The low estimate listed in the catalog cannot be lower than the reserve price and is subject to change until the point of sale.
Estimates do not include applicable taxes or fees.
Estimates can be made in multiple currencies. Rounding these conversions may result in a slight change in legal rounding.
- provenance and authenticity
In the context of the protection of cultural goods, PIASA tries to ensure the origin of the goods sold within its capabilities. In the event of disputes, especially regarding the authenticity or origin of the items sold, PIASA's potential liability under the performance obligation can only be asserted on the express condition that personal and verifiable fault can be proven.
Civil liability against the auction house expires 5 years from the date of the auction or appraisal.
PIASA reserves the right to withdraw the lot before the sale or during the auction if there are doubts about its authenticity or provenance.
- Special Instructions
Lots marked with * belong to a PIASA shareholder, employee or expert. The information notes contained in the catalog are prepared with due care by PIASA and specialists who will help if necessary with notices, explanations, corrections, are announced orally during the presentation of the product and recorded in the sales record.
PARTICIPATION IN THE SALE
Bidders are requested to contact PIASU prior to the sale to register their personal details.
For an individual, photo ID and proof of address are required for registration if the current address is not on the ID.
Registration of a company requires a certificate of registration that is valid for less than three months and states the name of the legal representative and the registered office.
PIASA reserves the right not to register a customer for sale if the employees believe that the customer does not offer all guarantees for the security of transactions. Any misrepresentation of the customer's identity will be the customer's responsibility.
The buyer has several options for the offer.
- Indoor auction
The usual way to make an offer is to be present in the room during the sale. You must register online or in person on our website 24 hours prior to the sale.
- Kauforder
A customer who cannot participate in the sale can place an order. PIASA acts on behalf of the bidder as directed by the purchase order and in its best interest. The maximum amounts in euros specified in the order are considered the lowest price and do not include taxes and commissions paid by the customer. If two orders are the same, the order received first will prevail.
- Telephone auction
PIASA may make telephone offers on behalf of a potential customer. A potential buyer should first contact the auction house. PIASA is not responsible for problems with the telephone connection or for any errors or omissions in connection with the receipt of telephone quotations.
Telephone bids will not be accepted for lots worth less than €300.
Written orders or telephone auctions are free options for the buyer. Neither PIASA nor its employees can be held responsible for errors or omissions in their performance or failure to perform them.
- Online auction
PIASA cannot be held responsible for malfunctions in platforms used for electronic bidding. The user must read and unconditionally accept the terms of use of this platform.
- Order on behalf of a third party
It is understood that all contestants are acting on their own behalf, but may notify PIASA in advance of their capacity as an agent on behalf of a third party.
PIASA reserves the right to accept or reject the order.
Requests for orders and telephone offers can be made via the online form on the piasa.fr website or via the form provided at the end of the sales catalogue.
SALES PROCEDURE
- Auction game
The auctioneer has the right to promote the auction freely. Where the seller has set a reserve price, the auctioneer may bid on the seller's behalf until that price is reached.
Indoor auctions take precedence over online auctions.
The highest bidder is the highest bidder and the last bidder.
Once the hammer has been struck, the auctioneer can no longer accept bids.
- Presentation of the subject
All changes to catalog descriptions will be communicated orally as part of the sale and recorded in the minutes.
PIASA may use video media during the auction to present the items offered for sale. PIASA cannot be held responsible if there is a handling error on the platforms (displaying a different property than the one in which the bids are submitted).
- The right of first refusal
In accordance with the provisions of Articles L. 123-1 and L. 123-2 of the Monuments Code, the French State has the right of first refusal for certain works of art offered for sale at auction. The state then goes to the last bidder. The realization of this right takes place immediately after the hammer and will be confirmed within fifteen days of the sale. PIASA cannot be held responsible for the priority conditions imposed by the French State.
COMPLETION OF SALE
The transfer of ownership was completed by auction.
Auction items are the sole responsibility of the buyer, who must remove them as soon as possible.
The sales contract is concluded between the seller and the buyer.
- payment
Article L320-2 of the Commercial Code states that the highest bidder acquires the property sold for his benefit and is required to pay the price in cash.
Payment of real estate and related taxes is made in Euros.
The winner can pay in the following ways:
1. Only by credit card in the dining room and at 5 Boulevard Ney 75018 Paris:
VISA and MASTERCARD. (American Express not accepted)
2. By certified bank check in euros with mandatory presentation of a valid identity document or Kbis older than 3 months for legal entities
3. By bank transfer in euros:
BANK NEUFLIZE OBC
3 Avenue Hoche 75008 PARIS
INTERNATIONAL ACCOUNT NUMBER (IBAN)
FR76 3078 8001 0009 0121 9000 289
BIC (bank code)
NSMBFRPPXXX
4. Checks issued to foreign banks will only be accepted with the prior approval of PIASA. For this purpose, the buyer is advised to obtain a letter of credit from their bank in a value close to the expected value before the sale. which you will transfer to PIASA.
5. At the bar:
- Up to €1,000 including costs and taxes if the debtor is tax resident in France or acting in the context of a professional activity.
- Up to €15,000 including costs and taxes, if the debtor proves, by showing a passport and proof of residence, that he is not a tax resident of France and does not exercise a professional activity.
- Buyer's Fees
In addition to the auction price, the winner must pay the following commissions and taxes per lot and in smaller installments:
30% including taxes on the first €500,000 (25% without taxes + 20% VAT)
VAT included 24% from €500,001 to €1,000,000 (20% without VAT + 20% VAT)
14.4% including tax over €1,000,001 (12% without tax + 20% VAT)
For books, in addition to the auction price, the winning bidder must pay the following fees and taxes per lot and in descending amounts:
30% including VAT on the first €500,000 (28.44% excluding VAT + 5.5% VAT)
24% with VAT from €500,001 to €1,000,000 (22.75% without VAT + 5.5% VAT)
14.4% including taxes over €1,000,001 (13.65% without taxes + 5.5% VAT)
The lots whose number precedes a×have the legal status of new goods. The highest bidder pays 20% VAT in addition to the auction (the VAT amount is refundable for traders and exports).
Since the company is subject to the profit margin tax regime under Article 297A of the CFI, no VAT certificate will be issued.
Many outside the E.U
Lots with a symbol in front of the numberƒsubject to additional costs which may be refunded to the winner on presentation of customs documents for export outside the European Union. This cost is 6.60% including tax (ie 5.50% without tax) of the auction price.
Lots with a symbol in front of the numberƒƒsubject to an additional charge of 24.20% including tax (ie 20% excluding tax) of the hammer price.
To sell jewelry:
Lots with numbers before the ¤ symbol will incur an additional charge of 10.20% including tax (ie 8.5% excluding tax) of the hammer price.
For more information contact our accounting office on the phone: +33 (0)1 53 34 10 17.
An EU buyer who can provide an intra-Community VAT number and a document proving delivery in their Member State can get a VAT refund on supplies.
- Single tax
Any seller resident in France or deemed to be resident in France for tax purposes is subject to capital gains tax of 6.5% if their property is sold for a value of more than €5000. A seller who is resident in France or resident in France for tax purposes and wishes to be subject to the general capital gains tax regime must provide proof of ownership before the date of sale.
The seller can elect the common law tax regime for capital gains on real estate, provided they can justify the date and price of the acquisition of the asset. The flat tax does not apply to properties held for more than 22 years.
- Right of Resale
According to article L 122-8 of the Intellectual Property Code, the creators of original graphic and plastic works have an inalienable right to a share of the proceeds from the sale of the work at auction after the first sale. This right applies from 750 euros for each work whose author, living or deceased less than 70 years ago, is an EU citizen or has lived in French territory for 5 years.
The seller is responsible for this amount in addition to the auction price.
The amount calculated on the sales price without tax follows a descending price.
The amount of resale rights is limited to €12,500.
- late payment
According to article L 321-14 of the Commercial Code, in case the buyer does not pay, the property will be put up for sale after an official reminder by registered letter with return receipt to the buyer, which was not successful for the buyer, request of seller for repeat bids; If the seller does not make this request within three months of the auction, PIASA is authorized to act on his behalf and may:
- or inform the defaulting buyer of the automatic cancellation of the sale, without prejudice to any right to compensation. The defaulting buyer remains responsible for the cost of the sale.
- execute the sale and pay the base price and selling expenses for your account and/or for the seller's account.
PIASA SA reserves the right to exclude from future sales customers who are in exchange or who have not complied with these general conditions of sale.
In this context, the PIASA Voluntary Society is a member of the central registry for the prevention of unpaid auctioneers, in which payment incidents are expected to be recorded. Rights of access, rectification and objection for legal reasons should be exercised by the respective debtor at Symev 15, rue Freycinet, 75016 Paris.
COLLECTION OF BATCHES
The transfer of the plots must be done at the expense and full responsibility of the contractor.
No lot will be delivered to the customer until all amounts due have been paid in full. If you pay by check or bank transfer, delivery of items may be delayed until received.
In this case, shipping costs are borne by the contractor.
You can collect all paid items 24 hours after the sale:
At our warehouse, 5 Boulevard Ney 75018 Paris (open from 09:00 to 12:00 and from 14:00 to 17:00). The entrance is at rue d'Aubervilliers 215, 75018 Paris (level -1, zone C-15). Maximum truck height: 3m90. The data will be removed as agreed via e-mail:[emailprotected](Contact: Marion Pelletier | +33 6 40 66 85 74 |[emailprotected])
At our premises at 118 rue du Faubourg Saint-Honoré, 75008 Paris to collect the jewellery. Jewelry removal is by agreement via e-mail with the jewelry department.
Parcels can be stored for free for 30 days. After this period, the buyer will be responsible for the deposit and insurance costs of 30 euros excluding VAT and 3 euros excluding VAT per calendar day per piece and 6 euros excluding VAT per calendar day per piece for furniture.
After 60 days, PIASA disclaims any liability for any damage that may occur to the facility. The PIASA warranty expires automatically.
EXPORT
Exporting products outside of France or importing into another country may be affected by the laws of the country of export or import. The export of goods from France or their import into another country may be subject to obtaining one or more export or import licences. Some laws may prohibit the import or resale of the product in the country of import.
For the export of certain items to a country of the European Union, it is necessary to obtain an export certificate issued by the competent services of the Ministry of Culture within 4 months at most from the submission of the application.
The international regulations of March 3, 1973, known as the Washington Convention, provide for the protection of specimens and species considered to be in danger of extinction. Export or import of consignments consisting of or containing any part (regardless of percentage) of ivory, tortoise shell, crocodile skin, rhinoceros horn, whale bone, certain species of coral and rosewood, etc. may be restricted or prohibited.
For information: The new Commission Regulation (EU) 2021/2280 of 16 December 2021 prohibits the export of batches containing a piece of processed ivory outside the European Union, with the exception of prefabricated musical instruments. - in 1975.
It is the buyer's sole responsibility to seek advice prior to bidding and to check compliance with any legal or regulatory requirements that may apply to the export or import of the lot. In some cases, the lot in question may only be transferred if an expert confirms the type and/or age of the specimen in question, at the buyer's expense.
If desired, PIASA can support the customer in obtaining the necessary approvals and reports. These steps are at the customer's expense. However, PIASA cannot guarantee that permits will be issued.
In case of refusal of the permit or delay in obtaining it, the buyer remains responsible for the full purchase price of the property. Such refusal or delay can in no way justify late payment or cancellation of the sale.
GOVERNING LAW AND JURISDICTION
The provisions of the Terms of Sale are independent of each other. The ineffectiveness of one of the conditions cannot lead to the ineffectiveness of the other conditions of sale.
These terms of sale are written in French and governed by French law. Any dispute regarding the interpretation or application of these General Terms and Conditions of Sale shall be submitted to the French courts having jurisdiction at the seat of PIASA.
PRIVACY
The user of PIASA has the right to access and correct the personal data communicated to PIASA, in accordance with the terms of the Data Protection Law of January 6, 1978, as amended by the Law of August 6, 2004. From May 25, 2018, the PIASA complies with the new European regulations for the protection of personal data.
This data may be shared with competent authorities if required by regulations.