Terms of Sales

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.

Batch status

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 auction

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.

 

Compliance

 

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.

Withdrawal

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.

 

Export

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.

 

Temporary import

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.

Definitions

The auctioneer conducts the auction.

There are two auction types :

  • Voluntary auctions : an owner provides freely items. The voluntary auction is organized in accordance with the provisions of the French Civil Code (laws of July 10, 2000 and July 20, 2011,art. L. 321-1 to L. 321-38 of the French Commercial Code). The fees are applied in addition to the hammer price. They are generally set at 20% pre-tax, i.e 24% after tax.Upcoming Voluntary Sales.
  • The judicial sales : a judicial sale is provided for by a law or regulation, or can be authorized by a judge. Fees in addition to the hammer price are set at 12% pre-tax, i.e 14.40% after tax.Upcoming judicial sales.
 

A sale can be described as an auction when anybody is free to participate, under the sole condition of his solvency.

Everybody is able to hear all the offers made, and can thus outbid. The object presented is won by the highest bidder.

Any bid has to be equal to or higher than the starting price, or must be higher than the one proposed by a competitor for the purchase of the thing.

The amount of every bid is repeated out loud by the auctioneer so that every bidder can hear it.

This way, auctions are an objective and automatic mode of designation of a price and a purchaser.

The purchase order corresponds to a specific maximum amount in euros up to which the auctioneer is mandated to buy the item. The auctioneer buys the item on behalf of his client, in accordance with the instructions of the purchase order form. The auctioneer aims to purchase the item at the lowest possible price and still under the maximum price his client has set.

 

How to bid ?

The auctions being "public", they are open to anyone who can bid, i.e to any creditworthy person.

The place where the sale takes place is public. The auctioneer ensures the free access to the sale.

The restrictions to participate in an auction are those of common law : non-emancipated minors, protected adults, people under the influence of alcohol.

The auctioneer may subject the participation to a prior registration and the presentation of a guarantee of payment, these conditions being objective, non-discriminatory and appropriate.

The price is shouted. The sale is conducted in French and bids are made in euros. The auctioneer conducts the operations. He designates the item for sale and announces a starting price. People start bidding. When it turns out that no one is willing to offer a higher price, the item is won. The lot is sold and the sale is over when the auctioneer blows the hammer and says 'Adjugé'.

It is possible to bid by raising your hand, the sign being immediately translated into figures by the auctioneer, who announces it orally.

If you can't attend the saleit is possible to place an absentee bid. You have to fill in a purchase order form with the highest amount you are willing to pay for the artwork..
Once your form is registered, you will receive a confirmation by email.

If you can't attend the saleit is possible to place an absentee bid. You have to fill in a purchase order form with the highest amount you are willing to pay for the artwork..

Once your purchase order is registered, you will have the confirmation by email. You may be required to provide a piece of identification for the buyer as well as his bank details.
For some objects of exceptional character and/or value, a guarantee deposit may be required.

If the purchase order is made on behalf of a legal entity such as a company, you may be required to provide a Kbis extract and the ID of the manager mentioned in this document.

If the auctioneer receives several 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. .

No purchase order lower than the low estimate is accepted.

Full contact details must be provided in the form.

If the purchase order has been completed, the bill of sale summarizing the designation of the objects purchased, the amount awarded and the total amount with the fees will be sent no later than 24 hours after the sale (excluding non-working days).

The sending is done to the email filled during the request or, in the absence of it, by postal way.

it is possible to place bids by telephone.

Bidding by telephone lets you take part in the auction without having to be present in the auction room. If you would like to do this you will need to book yourself in as a telephone bidder in advance. Places are available on a first-come-first-served basis. You will also need to fill in a telephone bid form, providing proof of identity and residence and a contact telephone. is the one by which the person asks to be called on the phone during the auction, to make a live auction. To do this, simply fill in a Telephone bid form.

Once your request is registered, you will have the confirmation by email or telephone. You may be required to provide an ID as well as bank details.
For some objects of exceptional character and/or value, a guarantee deposit may be required.

If the purchase order is made on behalf of a legal entity such as a company, you may be required to provide a Kbis extract and the ID of the manager mentioned in this document.

Please note that this is a free service provided by the Auction House that can not be held responsible in case of late request or defective telephone link or in case of any error made in telephone contact.

No telephone bid form for objects whose low estimate is lower than 200 euros is accepted.

 

If you want to bid on the internet, the Auction House Labarbe uses the platform Interencheres Live. Live sales are broadcast on https://www.interencheres-live.com/. They bring two new services:

  • of the live auctions it allows to remotely participate in a real-time auction. From your computer, you can follow the auction fire and the auctioneer's comments during the sale (with sound and video). At any time and with a single click, you can bid as if you were in the room on the lots you want.
  • of the secret purchase orders : interencheres-live.com offers a service of secret purchase orders. Secret purchase orders are automatically executed and computerized. Their maximum amounts are not disclosed to the auctioneer. The bidders benefit from the guarantee of a purchase at the fairest price if they win the auction.

If you want to participate in an auction live or deposit a secret purchase order, kindly note that you have to register BEFORE the sale on interencheres-live.com.

Taxes are alway included in the hammer price, but the selling fees are not. Selling fees are a percentage calculated on the total amount of the sales bill. They can cary from one sale to another.

If you bid on the internet, an additional 3-percent fee applies. It pays the subcontractor responsible for organizing the auction live.

The payment of any item is due immediately. spot.

You can pay cashcash in the limit of €1000 with fees for French citizens and up to €15,000 with fees for anybody whose tax domicile is abroad.

The payment can also be made by credit card when the place of the sale allows it. 4% additional fees are charged to purchasers holding foreign cards.

If you bids were placed remotely, payment must be made upon receipt of the sales slip. You can pay by making an appointment with our accounting department, or use a bank transfer. Please contact us to retrieve our bank details.

For purchases made via the platform interencheres-live.com, the total amount can be debited from the credit card you've used for the registration.

How to pick up your purchase ?

  • I'm leaving with my goods on the same day.
    The staff will give me my goods on presentation of my sale slip (my invoice) fully paid.
  • I can not immediately take away my goods.
    Exceptionally, the Labarbe House can give you 72 hours to pick up your items. You should find out the place of storage of your object by contacting us beforehand. We will give you your good on presentation of my sale slip (my invoice) fully paid.
  • You can also mandate the person of your choice to pick up your property. In this case, you have to :
  1. fill out and send it to the Auction House a withdrawal authorization of the goods by a third person.
  2. This third person must present a copy of the sale slip fully paid, the withdrawal authorization, and his ID. If the sale slip hasn't been fully paidthis person has to do it at the auction house, in cash up to €1000 with fees or by credit card.
  • You pick up your property in person.
    On presentation of a sale slip fully paid, the goods can be withdrawn at the auction house. during opening hours, or when appropriate, at another place of sale. You should find out where your good is stored by contacting us beforehand.
  • You mandate the person of your choice to pick up your property. In this case, you must :
    1. Inform us by filling in a withdrawal authorization by a third party.
    2. This person must present the copy of the fully paid slip sale, the withdrawal authorization, and an ID. If the sale slip hasn't been fully paidthis person has to do it at the auction house, in cash up to €1000 with fees or by credit card.

    You should first find out where your good is stored by contacting us beforehand.

  • You want to call a carrier.
    You are free to call the carrier of your choice. If you don't know any transport company, the auction house can give you the details of a professional. In any case, you must :
  1. Inform us by filling in a withdrawal authorization of the goods by a third person.
  2. Transmit to the carrier a copy of my fully paid sale slip.
  3. You should first find out where your good is stored by contacting us beforehand.

Unless otherwise specified, the property is sent in good condition. The auction house is not liable for any loss or damage. The cost of the transport is the responsability of the purchaser.

  • I wish my purchases to be sent by post.
    It will be perceived a A price for packaging and shipping is required. It changes from 5 to €20 depending on the weight and volume of the property. Unless otherwise specified, the property is sent in good condition. The auction house is not liable for any loss or damage. The costs and the responsibility of the transport belong to the purchaser. In case of a postal sending, please contact us so that we can give you a quote. The auction House can refuse the packaging service if it seems to be too risky, given the nature of the object. The transport being carried out under the full responsibility of the buyer, please contact us to know if the good you want to acquire can be dispatched.