Marc LABARBE EURL - Auction House Saint-Aubin, House of Public Auctions (OVV approved under number 2002-279, RCS 44270824400011) is an operator of voluntary sales of public auction furniture governed by Article L.321-1 and following of the Commercial Code.
Any reference in these General Conditions to "Marc LABARBE" or "OVV Marc LABARBE" will be considered as referring to Marc LABARBE EURL.
Only the French version of these Terms and Conditions is authentic. Any version in another language will only be considered incidental.
The provisions of these General Conditions are independent of each other. The invalidity of any provision can not lead to the inapplicability of others.
Marc LABARBE acts as agent of the seller. The contract of sale of the property presented at public auction is concluded between the seller and the buyer. The relations between Marc LABARBE and the buyer are subject to these terms and conditions. Marc LABARBE can not be held responsible for mistakes made by the seller or the buyer.
Marc LABARBE advises bidders to carefully examine before the public auction the lot or lots that may interest them. Successive exhibitions allow buyers to see the condition of the objects presented. of the condition reports on the state of the lots are available on request from Marc LABARBE.
All information regarding the status of a lot in the catalog descriptions or in the condition reports, as well as any oral statement constitute the expression of an opinion. References made in catalog descriptions or in condition reports concerning the condition of a lot relating to an accident or restoration, are given in order to attract the attention of the buyer.
The state of a lot can vary between the moment of its description in the catalog and that of its presentation to the sale. Any changes to the descriptions of the catalog or any modifications to these general conditions of sale will be announced verbally during the sale and recorded in the minutes of sale.
No complaint will be admissible from the adjudication pronounced.
The auction room
The sale is conducted in French and auctions are made in euros. Conversions in different currencies displayed on an electronic board may differ slightly from legal rates. Marc LABARBE disclaims any liability in the case of non-functioning or display error: only the amount of the last auction as expressed by the Auctioneer must be taken into consideration.
Anyone wishing to bid will be held before the sale to fill in with Marc LABARBE a Registration Form. She will give Marc LABARBE a piece of identification and his bank references. The duly completed, signed and dated form will be given to Marc LABARBE before the start of the sale, and a registration number formalized by a numbered plate will be assigned to each potential bidder.
Any bidder will be considered and presumed to have acted on his own account, unless, before the sale, he has expressly informed Marc LABARBE, in writing, that he was acting on behalf of a third party and that this third party has been approved by Marc LABARBE.
The fact of bidding will automatically imply for the bidder that he has read, understood and accepted the present general conditions of sale.
Marc LABARBE reserves the right, in its sole discretion, to refuse any person participation in the auction.
Distance Auctions - Purchase Orders
Potential buyers may be unable to attend the sale. Marc LABARBE reserves the right to accept, free of charge and after prior verification of their identity and bank references, the bidders by means of a written order or by telephone. To do this, purchase order forms are available on site and attached to the catalog. These forms must be sent and received at the study no later than 24 hours before the start of the sale.
Marc LABARBE will act in the name and on behalf of the bidder, according to the instructions contained in the purchase order form, this in order to try to buy the lot or lots at the lowest possible price and not exceeding, in no case, the maximum amount indicated by the client.
If Marc LABARBE receives several written orders for identical amounts on the same lot and if, at the auction, these orders represent the highest bids, it will be awarded to the bidder whose order has been received first.
Marc LABARBE can not however be held responsible for late request or defective telephone link, which did not allow the potential buyer to bid. It will be the same in case of error made by Marc LABARBE in the telephone contact operated with the prospective buyer.
Marc LABARBE can not accept any written or telephone purchase order communicated before the sale for which he has not received the identity papers of the buyer, his bank references and, where applicable, a deposit.
Marc LABARBE can not accept any written purchase order whose amount is lower than the price of the low estimate.
Amount of the award
The prize will be set at the sole discretion of the Auctioneer. The seller is entitled to ask the auctioneer to fix a selling price, says reserve pricebelow which he does not wish his property to be sold. In this case, if the reserve price is not reached, the lot will be removed from the sale by a simple hammer.
Marc LABARBE can not be held responsible in case of sale of a lot for which no reserve price would have been fixed, for an amount lower than the estimate.
The auction ends with the pronouncement of the word "adjudged" and the hammer blow simultaneously given by the Auctioneer. Only the pronouncement of the word "adjudged" immediately transfers ownership of the seller's object to the buyer and releases the auctioneer from any liability for the object, particularly in terms of damage, security and insurance. The payment by the buyer to the auctioneer of the amount of the auction and the additional costs definitively transfers the ownership of the object to him.
Transfer of risks and delivery of the property acquired
As soon as the award is made, the buyer is responsible for his lot. The Auctioneer can not be held responsible for any damage caused between the adjudication pronounced and the withdrawal by the purchaser of the lot after payment, in particular if the buyer does not recover his lot within a reasonable time.
The Auctioneer reserves the right, with the consent of the buyer, to keep the property under his / her responsibility until the amount of the auction and any additional costs have been fully paid.
The settlement includes the deposit of the amount of the auction and additional costs on the bank account of the OVV Marc Labarbe.
The guarantees provided by the buyer, whatever they may be, are not sufficient to oblige the auctioneer to return the lot he has acquired. Therefore, the Auctioneer will give the buyer a period of 2 working days from the delivery of the auction to settle his purchase.
Beyond this period, the responsibility in terms of damage caused to the acquired object will be automatically transferred to the load of the buyer. In addition, the buyer will bear beyond this period, the possible costs of transfer of the property acquired to a secure place and related security costs.
If the property acquired is a vehicle, a fixed fee of 150 euros transfer fee and a security package of 40 euros per day will be applied. These costs will be paid directly and billed to the subcontractor designated to perform the transport and ensure the guard. They will be borne by the buyer until the day of withdrawal of the vehicle from the subcontractor. The payment to the Auctioneer can not be sufficient to exonerate the buyer from the regulation of the costs of guarding. The subcontractor responsible for eventually transporting the vehicles purchased to a secure location and ensuring the guarding is himself obliged to submit to the auctioneer his current insurance policy in good standing.
Incidents of the sale
In the event that two or more persons have raised bids of the same amount by voice, gesture or telephone and at the same time claim the benefit of the hammer auction or the pronouncement of the word "awarded", the will be immediately available for sale at the last price bid by the latest bidders, and all the public present may again participate in the resumption of the auction.
In accordance with article 321-14 paragraph 3 of the French Commercial Code, in the absence of payment by the buyer, after formal notice remained unsuccessful, the property is put up for sale at the seller's request on crazy auction defective purchaser. If the seller does not make this request within 3 months from the auction, the sale is resolved automatically, without prejudice to damages owed by the defective purchaser. In addition, Marc LABARBE reserves the right to claim from the defaulter default interest at the legal rate, the reimbursement of all costs incurred for the recovery of sums due by him, and the payment of the difference between the price of initial auction and the auction price on crazy auction, if lower, as well as the costs generated by the new auctions.
Preemption of the French state
The French state has a right of pre-emption on any movable property presented at public auction. The exercise of this right is carried out through a representative of the State present in the room. The state then replaces the last bidder and has 15 days to confirm this right of pre-emption. Marc LABARBE can not be held responsible for the exercise of this right by the French State.
Before the sale It is the responsibility of the buyer to consult, before the sale, documents relating to the vehicle he wishes to acquire, including technical controls and titles of circulation.
The year announced in the description of each lot corresponds to the year appearing on the circulation title of the said lot.
The mileage mentioned in the catalog is only given as an indication. It corresponds to the one read on the meters and does not necessarily reflect the actual distance actually traveled by the vehicles. It is appropriate for the buyer to get an idea of the actual mileage made by the vehicle. Marc LABARBE can not guarantee this mileage and can not be held liable if the actual mileage is different from that mentioned in the catalog. The auctioneer does everything in his power to ensure that this statement is as accurate as possible.
The purchaser of a motor vehicle or a motorcycle will have to carry out all the necessary formalities, of any nature that it is, to be able to use it on the public road, in accordance with the legislation in force in the country of use. The successful bidder is supposed to know this legislation, in no case Marc LABARBE can not be held responsible for the non-compliance by the contractor of the formalities mentioned.
The sale is made specifically for cash. In addition to the amount of the auction, the buyer will pay Marc LABARBE the following sales charges:
- 19% VAT + VAT at the rate in effect on the day of the sale for art and collectibles, furniture, bjoux and wine
- 20% VAT + VAT at the rate in force on the day of sale for archeology
- 15% VAT + VAT at the rate in force on the day of the sale concerning motor vehicles and motorcycles
- 20% before tax + VAT at the rate in effect on the day of the sale concerning the lots automobilia and books (reduced VAT rate for books)
- 21% VAT + VAT at the rate in force on the day of the sale for the tables
- 22% VAT + VAT at the rate in effect on the day of sale for Asian art
- 7% additional temporary import tax charge for lots affected by this scheme
Additional fees and accepted by the sellers may be due on certain lots in addition to the usual fees and taxes. They will be indicated in the catalog or at the time of sale by the Auctioneer. The OVV Marc LABARBE reserves the right to keep the lots sold until full payment and the actual collection of the amount of the auction.
Payment must be made:
In cash (euros) up to 1000 € fees and taxes included for French nationals or up to 15000 € fees and taxes included for foreign nationals
By bank check (in euros) issued from a French bank to the order of Marc LABARBE EURL, with mandatory presentation of a valid identity document
By credit card for 2% fee for foreign cards
By bank transfer in euros including bank charges payable to Marc LABARBE EURL
BNP PARIBAS Bank, 62 avenue C.Pujol, 31500 TOULOUSE RIB : 30004 00762 00010500317 63
IBAN : FR763000 4007 6200 0105 0031 763
BIC : BNPAFRPPTLS
In case of acquisition by online sale, it will be levied an additional fee of 3% excluding the amount of the award by the subcontractor responsible for organizing the sale online
The information collected on registration forms is mandatory to participate in the sale and for the consideration and management of the auction. You may know and have rectified the data concerning you, or oppose for legitimate reason to their subsequent processing, by sending a written request accompanied by a copy of your identity document to the sales operator by mail or by email.
The voluntary sales operator is a member of the central registry for the prevention of unpaid bills by the auctioneers, with whom payment incidents are subject to registration. The rights of access, rectification and opposition for legitimate reasons are to be exercised by the debtor concerned at Symev 15 rue Fressinet 75016 Paris.
No lot will be given to purchasers before payment of the full amount due.
Marc LABARBE reserves the right to keep the lots sold until full payment and actual collection of the hammer price, fees and applicable taxes.
Buyers wishing to export their purchases will have to let them know at the latest on the day of the sale. They will be able to recover the VAT on the purchase fees on the condition that a proof of customs in due form is given to Marc LABARBE and that the name of the auction house is mentioned there as an exporter.
Any vehicle coming from the French Customs Union or beneficiary of the temporary import regime, if it remains in the Customs Union, can be recovered on simple presentation of the bill whose amount has been previously and fully paid to the OVV MARC LABARBE.
If, on the other hand, the successful tenderer intends to export the vehicle outside the Customs Union, he will, under his full and sole responsibility, carry out all the steps and formalities required by the law in force. In any case, Marc LABARBE can not be prosecuted for non-compliance or non-fulfillment of said formalities.
This regime concerns vehicles entrusted by non-Community owners. Buyers will be required to pay the applicable VAT at the prevailing rate in addition to the auction. This VAT may be refunded to the non-EU buyer upon presentation of the export documents within one month after the sale.
Circulation of cultural property
The request for a document necessary for the export of a property of cultural interest will be provided by the OVV Marc LABARBE. The time limit for obtaining such a document for a cultural object with a view to its free movement outside French territory, ie intra-community circulation (Certificate) or European, that is to say export to a third country to the European Union (Export license), or any other administrative document does not affect the payment obligation of the buyer.
Protection of endangered species
Certain vehicles may be likely to require a special license from the French Department of the Environment before they can leave France because of the materials in the lot. We suggest buyers to inquire with the appropriate authorities before bidding.
Marc LABARBE holds the right to reproduce his catalog. Reproduction is prohibited without the written permission of Marc LABARBE.
Marc LABARBE has as a public auction house, a tolerance concerning the reproduction of works in his catalog of sale even though the right of reproduction would not have fallen into the public domain.
According to the law of the intellectual property, the sale of a work does not imply the transfer of the right of reproduction and representation of the work.
This contract, any claim, any dispute or dispute concerning it and any point arising therefrom, shall be governed by and construed in accordance with French law. As such, the purchaser irrevocably accepts that the courts of France will have exclusive jurisdiction to know any claim, any dispute or dispute concerning the auction and all its consequences.