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Dame Marteau is an auction house specialized in moveable property
governed by French Act no. 2000-642 of July 10th 2000.
Dame Marteau acts as the seller’s agent. The auctioneer is not a
party to the sale agreement, which is solely binding on the seller and
the successful bidder.
General terms
These general terms and conditions of sale, the sale and all matters
relating thereto are governed by French law; the sellers, buyers and
their agents accept that the courts of Salon de Provence (France)
alone shall have jurisdiction over any legal action.
These general terms and conditions are independent.
Purchases must be made in cash and prices are stated in euros (€).
Warranties
The seller warrants to Dame Marteau and to the buyer that he/she is
the undisputed owner of the items offered for sale or that he/she
has been authorised by the undisputed owner, that the said items
are not encumbered by any claim, dispute, attachment, reservation
or pledge and that he/she can legally transfer ownership of these
items.
The information included in the catalogue is prepared by Dame
Marteau with the assistance of the Expert, if necessary, with the care
required for public auctions, subject to the notices, declarations and
amendments announced upon presentation of the item and noted in
the record of sale.
This information, including the dimensions set out in the catalogue, is
provided to help the potential buyer inspect items and must be
assessed personally by him/her. If no information on restoration, an
accident, retouching or any other incident is provided in the
catalogue, the condition reports or labels or during a verbal
announcement, this does not mean that the item is void of defects.
Inasmuch as buyers are given the opportunity to examine works
displayed prior to the sale, no claim may be made after the sale is
complete.
In the event of a dispute concerning inter alia the authenticity or
origin of items sold, Dame Marteau is bound by a best endeavours
obligation; its liability may only be incurred if evidence is provided
that it committed a wrongdoing.
Pictures
The photographs, on any medium whatsoever, are the exclusive
property of Dame Marteau SAS which she is the author. In any kind,
this property right may be assigned or transferred without the
express permission and, therefore, it can not be attached to the
awarded property. Dame Marteau SAS, retaining the possibility of
dissemination of the rights arising from the ownership of
photographs in which she is the author. In addition, any use or
reproduction not expressly authorized can engage the civil and / or
criminal offender. Dame Marteau SAS reserves the right to exercise
all legal remedies against those who would violate his rights.
Estimates and reserve prices
The estimated sale price appears beside each lot included in the
catalogue. It does not include the buyer’s premium or VAT.
The reserve price is the minimum confidential price agreed with the
seller. If the reserve price is not met, the item will not be sold. The
reserve price may not exceed the lowest estimate set out in the
catalogue or announced publicly by the accredited auctioneer and
noted in the auction house’s files.
If no reserve price is set, Dame Marteau shall not incur any liability
vis-à-vis the seller if the item concerned is sold at a price lower than provide proof of identity and bank references.
the lowest estimate published in the sale catalogue.
Purchase order bid forms and telephone bids
Purchase order bid forms and telephone bids are submitted using the
special form provided.
Maître Caroline Tillie-Chauchard - Contact : +33(0)6 80 47 59 18 - Email : ctc@damemarteau.fr
Salle des Ventes : Route de Pélissanne, Les Roquassiers-Parc des Expositions, 13300 Salon de Provence
This form must be sent to Dame Marteau no later than two working
days before the sale, together with a bank account identification slip
(“RIB”) and a copy of the bidder’s proof of identity. For significant
purchases, a buyer may be asked to provide a bank letter of credit.
If several purchase order forms are submitted for the same item, the
first order received will take priority.
Telephone bids may be placed by clients who cannot attend the
auction. To this end, the client must return the above-mentioned
form to Dame Marteau under the same conditions.
As there are only a limited number of telephone lines, the necessary
arrangements must be made at least two working days before the
auction.
In both cases, this is a service provided free of charge to the client.
Dame Marteau, its employees, agents and representatives shall not
incur any liability in the event of an error or omission in the
execution of orders received or the non execution of orders.
Bids
For the sake of the smooth conduct of auctions, bidders are asked to
present themselves to Dame Marteau prior to the sale in order to
register their personal data. Potential buyers must provide proof of
their identity and bank references.
All individuals who register with Dame Marteau shall have the right
to access and rectify the personal data they provide to Dame
Marteau in accordance with the French Data Protection Act of 6
January 1978, as amended by the Act of 6 August 2004.
Auctions will be carried out following the order of the lot numbers as
they appear in the catalogue. Dame Marteau is free to set the
increment of each bid and all bidders must adhere to this process.
The highest and last bidder will be the successful bidder.
In the event of a dispute during the bidding process, that is, if two or
more bidders simultaneously place the same bid, either orally or by a
signal, and each claim the item concerned when the auctioneer has
declared the item “sold”, the said item will be re-auctioned
immediately at the price offered by the bidders and all those present
may take part in this second auction.
Any individual who makes a bid during the sale shall be deemed to
be doing so in his/her own name; he/she shall assume full
responsibility for his/her bid, unless he/she registered him/herself as
an agent with Dame Marteau and stipulated that the bid was being
made for a designated third party.
In the event the seller sets a reserve price, Dame Marteau reserves
the right to propose bids on the seller’s behalf until such time as the
reserve is met.
Currency conversion
Sales are carried out in euros. Information provided in euros by the
accredited auctioneer alone shall be valid.
Amounts payable by the buyer
The buyer must pay Dame Marteau, in addition to the “hammer
price”, commission of 25% inc. tax.
Buyer's premium : Figaro.fr et Invaluable.com
In case of Buyer’s premium, an additional taxe of 5% ex. taxes (6%
inc. taxes) is due on top of the final bid and will be charged to this
buyer's premium
Payment
Payment must be made immediately after the sale.
If the successful bidder did not register before the sale, he/she must
Payments may be made by one of the following methods:
- By bank transfer in euros,
- In cash in euros : for individual european union resident, and for all
professionals, to an equal or lower amount of €1 000.