Marc Labarbe SARL – Saint-Aubin Auction House
public (OVV approved under number 2002-279, RCS 44270824400011) is an operator of
voluntary sales (OVV) of furniture at public auctions governed by article L.321-1 and
following from the Commercial Code. In these General Terms and Conditions of Sale, all
Reference to "Marc Labarbe", "OVV Marc Labarbe" will be considered as making
reference to Marc Labarbe SARL, the company named above. Only the language version
The French version of these Terms and Conditions shall prevail. Any version in another language shall be considered
as an accessory. In his capacity as a sales representative, Marc Labarbe is subject to compliance with the obligations
dictated by the code of ethics drawn up by the Council of Houses of
Sale (CMV), which came into force by decree of March 30, 2022.
GENERAL INFORMATION
Marc Labarbe is acting as the seller's agent and is not a party to the sales contract which
unites exclusively the seller and the successful bidder.
All contractual relationships between the parties to the contract are governed by law.
French. Sellers, buyers, and their agents agree that all
Legal action falls under the exclusive jurisdiction of the courts within the jurisdiction of Toulouse.
(France). Civil liability actions brought in connection with appraisals and sales
Voluntary and judicial sales of furniture at public auctions are subject to a five-year statute of limitations.
from the date of the auction or appraisal. The provisions of these general terms and conditions
are independent of each other. The invalidity of any provision cannot
to render the others inapplicable. Prices are expressed in euros (€). Marc Labarbe
reserves the right to suspend, postpone, modify or cancel, in part or in part
in its entirety, the sale at any time and without him needing to give any
notice or any information to potential bidders or any third party.
In accordance with Article L.321-17 of the French Commercial Code, Marc Labarbe commits his
professional responsibility for the operations of appraisal, description, presentation and
of sales carried out as part of public auctions. Any clause whose purpose or effect is to
The exclusion or limitation of this liability is prohibited and deemed unwritten.
However, liability cannot extend to faults committed by the seller or by
the buyer
REMINDER OF DEFINITIONS (Marcus Decree No. 81-255 of March 3, 1981)
– Attributed to: followed by an artist's name guarantees that the work or object was executed
during the production period of the aforementioned artist and that presumptions
Serious evidence points to him as the likely author.
– Workshop of: followed by an artist's name guarantees that the work was executed in the workshop
of the aforementioned master or under his direction.
– School of: followed by an artist's name guarantees that the author of the work was a student of the
The aforementioned master was notoriously influenced by him or benefited from his technique. These terms
can only apply to a work executed during the artist's lifetime or within a certain period
less than fifty years after his death.
– Context: the work was executed by a contemporary artist of the painter
mentioned who was greatly influenced by the Master's work.
– Follower of: the work was executed up to fifty years after the artist's death
mentioned who influenced the author.
– In the style of, in the manner of, in the manner of, in the kind of, after, in the way of, do not confer any
specific guarantee of identity of artist, date of work, or school.
I. BEFORE THE AUCTION
- Guarantee
The seller guarantees to Marc Labarbe and the buyer that he is the undisputed owner of the
goods offered for sale, which are not subject to any claim, dispute or seizure, nor any
reservation or pledge and that he can validly transfer ownership of said property.
- Batch status
Marc Labarbe advises bidders to carefully examine the items before the auction.
Public auctions for the lot(s) that may interest them. Successive exhibitions
allow buyers to assess the condition of the items presented. The information contained in the
catalogues are compiled by Marc Labarbe and the Expert, who assists him as needed, with all the
due diligence required by a OVV, subject to notifications, declarations, corrections,
announced at the time of the presentation of the item and recorded in the minutes of the sale.
This information, including the dimension specifications listed in the catalog, is
provided to facilitate inspection by the potential buyer and remain subject to his
personal assessment. The absence of any indication of restoration, wear and tear, accidents, or
defects, alterations or any other incident in the catalogue, on condition reports,
or even the fact that a verbal announcement does not imply that a product is free from defects.
The condition of a lot may vary between the time of its description in the catalogue and the time of its
Presentation for sale. The condition of the frames is not guaranteed.
It is the responsibility of each bidder to verify, prior to the sale, the condition and of
characteristics of the lots offered for sale, requesting, if necessary, any information
additional information can be sent by email to contact@marclabarbe.com and by proceeding with their review.
during the public exhibition organized by the auction house. Consequently, none
claim based on an apparent defect, alteration, state of preservation or any
any characteristic that could have been noted by the buyer before the auction will not
admissible. The buyer is deemed to have bid after fulfilling their obligation to
information. Inquiries submitted by email will need to
must arrive at the Auction House no later than twenty-four (24) hours before the start of the sale.
After this deadline, no response can be guaranteed and requests received late will not be considered.
may not be processed.
For items with a low estimate exceeding €1,000, a condition report is required.
Information on the condition of the batches can be provided upon request. This information is available there.
The images shown are provided free of charge and for informational purposes only. They cannot be
to in no way engage the liability of Marc Labarbe. In case of disputes
particularly regarding the authenticity or origin of the items sold, Marc Labarbe is bound by a
obligation of means, implying all due diligence possible at the time of the
put up for sale.
- Jewelry, Watches & Horology
The information in the catalogue is compiled by Marc Labarbe and the expert who assists him.
where applicable, with all the diligence required by a furniture auction house
public, subject to notifications, declarations, corrections, announced at the time of
the presentation of the item and recorded in the minutes of the sale. This information, including
The dimensional information in the catalogue is provided to facilitate inspection.
of the potential buyer and remain subject to their personal assessment. They cannot
to hold Marc Labarbe accountable.
Buyers are advised that some lots shown in the photographs may have been enlarged and may not be the actual lot size.
are therefore no longer to scale. The photographs in the catalog are therefore worthless.
contractual. Gemstones and pearls in general, and in particular those presented in
This catalogue may have been subject to general embellishment practices (oiling for
emeralds, heat treatment for sapphires or rubies, bleaching for
beads). These improvements are considered traditional and are accepted by the
international trade in gemstones and pearls. The absence of any indication of
restoration of wear and tear, accidents, retouching or any other incident in the catalog, on
condition reports or labels, or even verbal announcements, do not imply
by no means that a product is free from defects.
Sellers who wish to do so can request a certificate for any uncertified stone.
by submitting a request to the auction house. This certificate will be at the expense of
anticipated by the applicant. Marc Labarbe then reserves the right to modify the estimate of a stone based on the information contained in the certificate. The origin and quality of the stones reflect the opinion of the laboratory that issues the report. No exceptions will be accepted.
a claim if another laboratory issues a different opinion and this cannot engage the responsibility of Marc Labarbe or his expert.
Diamonds and gemstones that are removed from their settings for presentation to the French Gemmological Laboratory (LFG) are offered for sale loose and therefore without a set. It is the buyer's responsibility, after the auction, to have the stones reset at their own expense by a professional of their choice.
No guarantee is given regarding the working condition of the watches. It should be noted that most water-resistant watches have been opened to identify the type and quality of the movement.
We cannot guarantee that these watches are still water-resistant, and the buyer is advised to consult a watchmaker before using the item. It should be noted that some watchmakers no longer have the original parts for restoring antique watches; therefore, no guarantee is given to the buyer regarding restoration by the watch brands for watches sold as is. No claims will be accepted after the sale based on a repair estimate refused by a watch brand. No claims will be accepted once the hammer has fallen, as a prior exhibition allowed buyers to examine the pieces presented.
- Classic cars and motorcycles
It is the buyer's responsibility to consult, before the sale, the documents relating to the
vehicle he wishes to acquire, including technical inspections and registration documents.
The year stated in the description of each lot corresponds to the year shown on the title.
of circulation of said lot. The mileage mentioned in the catalog is given for informational purposes only.
indicative. It corresponds to the reading on the odometers and does not necessarily reflect the distance
actual distance traveled by the vehicles. It is up to the buyer to form their own opinion.
the actual mileage covered by the vehicle. Marc Labarbe could not guarantee this mileage.
and cannot be held liable if the actual mileage differs from that
mentioned in the catalogue. The auctioneer, however, makes every effort to ensure that this mention is as accurate as possible.
The buyer of a car or motorcycle must complete all the formalities.
necessary, of whatever nature, to be able to use it on public roads,
in accordance with the legislation in force in the country of use. The successful bidder being
Marc LABARBE, who is supposed to be familiar with this legislation, cannot under any circumstances be held responsible
responsible for the successful bidder's failure to comply with the aforementioned formalities.
- Estimates and reserve prices
The estimated selling price is listed next to each lot in the catalogue and on the platforms.
The auction price does not include buyer's premium or VAT. The reserve price
is the confidential minimum price agreed upon with the seller below which the property will not be
Sold. The reserve price cannot exceed the low estimate listed in the catalog and the sales mandate or publicly announced by the authorized auctioneer and recorded in the minutes. If an item does not have a reserve price, Marc Labarbe cannot be held liable to the seller should the item be sold for a price lower than the low estimate published in the sales catalog.
II. CONDUCT OF THE AUCTION
- The auctions
Bids can be placed in person, by telephone, or online. For the smooth running of the auction, bidders are asked to register with Marc Labarbe before the sale to allow for the recording of their personal information. To bid in person in the auction room, you must register to receive a numbered card before the auction begins. You will need to present identification and bank details. Marc Labarbe reserves the right to refuse your registration as a bidder. If you wish to place a bid, please ensure your card is clearly visible. By placing a bid, the bidder assumes personal responsibility for paying the hammer price, plus buyer's premium and any applicable taxes or duties; they assume full responsibility for this unless they have previously obtained a valid mandate from Marc Labarbe specifying that the bid is being made on behalf of an identified third party. All goods sold will be invoiced to the name and address appearing on the auction slip; no changes may be made. Every bidder will be considered and presumed to have acted on their own behalf, unless, before the sale, they have expressly informed Marc Labarbe in writing that they are acting on behalf of a third party, and that third party has been approved by Marc Labarbe.
Placing a bid will automatically imply that the bidder has read, understood and
accepted these general terms and conditions of sale.
In the event of a dispute at the time of the auctions, that is to say if it is established that two or
If several bidders simultaneously placed an equivalent bid before the word "sold" was pronounced, the item will be immediately put back up for sale at the price offered by the
Bidders and all enthusiasts present will be able to compete in this second auction.
auction.
In the event of a simultaneous double bid between the room and a telephone or internet bid, priority will be given.
may be given to the bidders present in the room. The auctioneer retains the
Control of the sale. Bidding follows the order of the catalogue numbers.
The auctioneer decides on the starting price and the bidding increments. He is free to
The bidding order is set and bidders are required to comply with it.
The auctioneer is free to stop or restart the bidding in the event of an internet connection failure. Marc Labarbe cannot be held responsible for any technical incidents occurring during the sale. If a reserve price has been stipulated by the seller, Marc Labarbe reserves the right to bid on behalf of the seller until the reserve price is reached. The highest and final bidder will be declared the successful bidder. The auction ends with the pronouncement of the word "sold" and the simultaneous fall of the hammer by the auctioneer. Only the pronouncement of the word "sold" immediately transfers ownership of the item from the seller to the buyer and releases the auctioneer from all liability concerning the item, particularly regarding damage, safekeeping, and insurance. Payment by the buyer to the auctioneer of the hammer price and any additional fees definitively transfers ownership of the item to the buyer.
Anyone who has registered with Marc Labarbe has a right of access and
rectification of personal data provided to Marc Labarbe under the conditions of the
Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004.
Registration forms are mandatory to participate in the sale, for the taking of
account and auction management. You can access and correct the data
concerning you, or to object for legitimate reasons to their further processing, by sending a written request accompanied by a copy of an identity document to Marc Labarbe.
- Purchase orders and telephone bids
Purchase orders must be placed in writing using the designated form or by email to
the general email address of the study. This form must be sent to Marc Labarbe no later than [date to be inserted].
2 working days before the sale, accompanied by a bank statement (RIB) specifying the account details of
the bank and a copy of the bidder's ID. For purchases
Importantly, a letter of credit from the Bank may be required, and a provision may be made for
registration on the Drouot Digital platform to deposit a security deposit. In the case of
If multiple identical purchase orders are received, the first one received will take precedence. Auctions
telephone calls are a favor granted by the auction house to customers who cannot
move. To this end, the client will return the aforementioned form to Marc Labarbe in the
same conditions. Telephone bids are only accepted for lots where
The lower estimate is over €200. As the number of telephone lines is limited, it
It is necessary to make arrangements at least 2 working days before the sale. In all
In all cases, it is a complimentary service provided to the client. Marc Labarbe, his agents, or his
Attendants will not be held responsible for any malfunctions or
interruptions of telephone lines, in case of error or omission in the execution of
orders received, as in the event of their non-execution. Marc Labarbe will also be unable to
cannot be held responsible in case of late request or telephone connection
defective, preventing the potential buyer from bidding. The same will apply in the case of
of the error committed by Marc Labarbe in the telephone contact made with the potential
Buyer. Marc Labarbe will not accept any written or telephone purchase orders.
communicated before the sale for which he will not have received the buyer's identity documents,
His bank details and, if applicable, a security deposit. Marc Labarbe will not be able to
accept any written purchase order whose amount is less than the low estimate price.
- Online auctions via platforms and secret purchase orders
Online auctions
An option to bid online is also offered on partner platforms.
These platforms allow bidders to participate remotely via electronic means.
at auctions by prior registration. The buyer via the Live platforms is
informed that additional fees applied by these Live platforms will be his responsibility
exclusive and will appear on the invoice issued by Marc Labarbe. Participation in the auction
Bids placed online or by order are made at the bidder's own risk. Marc Labarbe does not
cannot be held responsible in case of malfunction or failure of execution (error,
service interruption or omission in receiving bids). Any malfunctions or interruptions of the live service will not prevent the auctioneer-
The auctioneer may continue the sale at their discretion. Regarding the amount of additional fees charged by the platforms, please refer to
the article "Fees to be borne by the buyer".
If you wish to bid online (live or by submitting a secret purchase order) during the
For sales, please register on partner platforms and complete a fingerprinting process.
bank card. You therefore agree that these partner platforms may communicate with Marc
Labarbe collects all information related to your registration, including your credit card details. Marc Labarbe reserves the right to request additional information if necessary.
information before your final registration to bid online. All online auctions
will be considered an irrevocable purchase commitment.
Secret purchase order
Marc Labarbe is not aware of the maximum amount of your secret orders placed on
partner auction platforms. Your bids are formed automatically and
Progressively, within the limit you have set. The execution of the order adapts to the fire.
Bidding based on current bids.
The bid increment is defined by the following intervals: up to €19: €5; from €20 to €199:
€10; from €200 to €499: €50; from €500 to €999: €100; from €1,000 to €4,999: €200; from €5,000 to €9
€999: €500; from €10,000 to €19,999: €1,000; from €20,000 to €49,999: €2,000; from €50,000 to
€99,999: €5,000; €100,000 and above: €10,000.
- Currency conversion
The sale takes place in euros. A currency converter panel is set up during
certain sales are available to bidders. The information contained therein is provided to
This title is for guidance only. Errors may occur in the use of this system and Marc
Labarbe cannot be held responsible for currency conversion errors.
- The costs are to be borne by the buyer
For all sales where a special rate is not expressly mentioned, the buyer will pay to Marc Labarbe, in addition to the hammer price, a purchase commission of 24 % excluding VAT of the hammer price; VAT at the rate of 20 % and 5.5 % for books being extra.
Depending on the specific product, the fees payable by the buyer may vary:
– For sales of Asian Art, the buyer will pay to Marc Labarbe, in addition to the
hammer price, a buyer's premium of 25 % excluding VAT of the price
of the auction, VAT at the rate of 20 % being extra.
– For sales of gold and silver coins after 1800, the buyer will pay at
Marc Labarbe's profit, in addition to the hammer price, a
purchase commission of 14 % excluding VAT of the auction price, VAT at the rate of 20 % being
in addition.
– For sales of gold and silver bullion, a special rate may apply
apply. It is the buyer's responsibility to obtain this information from the firm.
and/or by consulting the "Fees and Conditions" / "General Description" section of the
online sales platforms. The buyer will also need to contact the house.
sales in order to validate registration by depositing a security deposit.
Buyers are reminded that all fees mentioned in the lot description sheet
applies in place of the overhead costs mentioned above.
When the successful bidder placed their bid on a partner platform, Marc Labarbe invoiced them in
In addition to the usual fees, there are additional fees for the live platform, which are:
1. Drouot.com (drouot live): 1.5 % HT (i.e. 1.8 % TTC) of the auction price; ;
Drouot.com platform (Drouot online): 3.% excluding VAT (i.e., 3.6% including VAT) of the price
auction; ;
2. Interencheres: 1.5 % HT (i.e. 1.8% TTC) of the auction price; ;
3. Invaluable: 3 % HT (i.e. 3.6 % TTC) of the auction price; ;
The fees charged by the live platforms mentioned above are indicative only.
and are subject to change at the initiative of the aforementioned platforms. Marc Labarbe cannot be held responsible for these changes. It is the buyers' responsibility to inquire about the fees.
applied by the partner platforms used to place their bids.
Other charges may apply, namely:
– For judicial lots, category furniture, works of art and professional equipment,
an increase of 1.5 times the auction price (i.e., +1.8 times the auction price including tax)
– For voluntary and judicial vehicles, an additional €60 excluding VAT per vehicle (i.e., +72
€ (including VAT) per vehicle).
– For charity sales, there is no increase in service fees.
– 7 % of additional charges for temporary import tax for batches
those affected by this scheme.
Additional fees, accepted by the sellers, may be due on certain lots.
plus usual fees and taxes. These will be listed in the catalog or at the time of purchase.
Sale by auctioneer. Marc Labarbe reserves the right to retain the lots
sold until full payment is received and the amount of
the auction.
- Risk transfer
From the moment the auction is announced, the buyer is responsible for their lot. The auctioneer-
The auctioneer cannot be held responsible for any damage caused between the pronouncement of the hammer and the buyer's collection of the lot after payment, in particular if the latter does not
does not retrieve their purchase within a reasonable timeframe. The guarantees provided by the buyer,
Whatever they may be, they cannot suffice to oblige the auctioneer to hand over the
The lot has been acquired. Therefore, the auctioneer will allow the buyer a period of 2 days.
opening hours from the date of the auction to settle the purchase.
Beyond this period, liability for damages caused to the acquired item will be
automatically transferred to the buyer's responsibility. Furthermore, beyond this period, the buyer will bear any costs associated with transferring the purchased item to a secure location and the costs of
Related storage fees. If the purchased item is a vehicle, a flat fee of €150 for transfer and a storage fee of €40 per day will be applied. These fees must be paid directly, upon receipt of an invoice, to the subcontractor designated to handle the transport and storage. They will be borne by the buyer until the day the vehicle is collected from the subcontractor. Payment to the auctioneer does not exempt the buyer from paying the storage fees. The subcontractor responsible for transporting the purchased vehicles to a secure location and ensuring their safekeeping is also required to present the auctioneer with their current and valid insurance policy.
- French State's right of pre-emption
The French State has a right of pre-emption over works sold, by virtue of which it
finds itself substituted for the successful bidder or the buyer. The exercise of this right takes place immediately after the auction, the State representative then expressing the latter's intention to substitute himself for the last bidder and must confirm the preemption within 15 days following the sale.
III. AFTER THE AUCTION
- Payment
Payment must be made in cash immediately after the sale. In the event
where the successful bidder has not registered before the sale, he will have to provide precise justification
of his identity and bank details.
If you are the winning bidder online via a live auction or through a bid
By making a secret purchase, you authorize Marc LABARBE to use your bank card details.
to process payment, in whole or in part, for your purchases, including service fees
at the buyer's expense.
The successful bidder may pay by the following means:
– By bank transfer in € to the order of Marc LABARBE SARL, BNP PARIBAS Bank,
62 avenue Camille Pujol, 31500 TOULOUSE RIB: 30004 00762 00010500317 63 IBAN:
FR763000 40076200 0105 0031 763 BIC: BNPAFRPPTL.
– By Visa or MasterCard bank card up to an amount equal to or less than €50,000, on
Presentation of proof of identity and KBIS extract for a company. The identity of the bearer of the
The card must belong to the buyer. Payment by bank card is accepted in person.
only (except American Express).
– In cash (€), up to an amount equal to or less than €1,000: for individuals who have
their tax residence in France, and for any person acting for the purposes of a business activity
professional.
– In cash (€), up to an amount equal to or less than €15,000: for individuals
proving that he does not have his tax residence in France (with supporting documentation).
– By certified bank check in € with mandatory presentation of an identity document
Validity period. A period of three weeks should then be allowed for the return of the items.
Warning point:
– Checks drawn on a foreign bank will not be accepted.
– Cheques and bank transfers should be made in euros payable to Marc Labarbe.
– In accordance with current legislation, international payment fees (2 %)
(of the total amount) will be applied to any transaction originating from a bank account
outside the EU.
– Splitting invoices or payments is not permitted. In case of
If you have any difficulties related to a large payment, please contact us by email beforehand.
payment.
– If payment is made by a third party (spouse, company, agent), please inform us
Inform in writing before payment (with supporting documentation).
– Marc Labarbe is subscribed to the TEMIS Service, which allows consultation and
feeding the Auction Access Restrictions File. All
auction slip remaining unpaid to Marc Labarbe or having made
The subject of a payment delay is liable to be recorded in the TEMIS file.
- Default on payment
In accordance with Article L. 321-14 paragraph 3 of the Commercial Code, in the absence of payment by
If the successful bidder, after a formal notice to return the property has been issued and remains unsuccessful, the property is put back up for sale at the request of the seller by repeating the auction; if the seller does not make this request within three months of the auction, the sale is automatically cancelled, without prejudice to damages owed by the defaulting bidder.
Furthermore, Marc LABARBE reserves the right to claim from the defaulting bidder
interest at the legal rate, reimbursement of all costs incurred for the recovery of
sums owed by him, as well as the payment of the difference between the initial auction price
and the hammer price following a failed auction, if lower, as well as the costs generated by the
new auctions.
Marc Labarbe reserves the right to exclude from future sales any successful bidder who
would not have complied with these general terms and conditions of sale and purchase of Marc Labarbe.
Marc Labarbe is a member of the Central Register for the Prevention of Payment Defaults of Auctioneers, where payment incidents may be recorded. The rights of access, rectification, and objection for legitimate reasons should be exercised by the debtor concerned with the Conseil des Ventes Volontaires (French Council of Voluntary Sales), 19 Avenue de l'Opéra, 75001 Paris.
- Amicable settlement of disputes and disagreements
Amicable settlement of disputes
Marc Labarbe, as an auctioneer, is therefore subject to the obligations set out in the code of ethics drawn up by the Conseil des Ventes Volontaires (Council of Voluntary Sales), dated March 30, 2022. In the event of a disagreement between a client and Marc Labarbe, extra-judicial dispute resolution procedures exist: referral to the Government Commissioner to the Conseil des Maisons de Vente (Council of Auction Houses) by registered letter with acknowledgment of receipt or directly online on the CMV website.
Disputes
Any dispute relating to the acquired lot, whatever its nature or basis, must
must be formulated by the buyer or their agent at the time and place of the
delivery of said batch. Failing that, any subsequent claim can only be examined at the
condition precedent that the lot in question be returned to the OVV Marc Labarbe
and/or Maître Marc Labarbe, at the very place where the buyer took possession.
In any event, all costs incurred by the buyer, for whatever reason,
including, in particular, transport, storage, guarding, and security costs.,
export duties and customs fees will remain exclusively his responsibility and will not
will not be eligible for reimbursement by the study.
This contract, any claim, dispute or disagreement relating to it and any point in
resulting from this will be governed by and interpreted in accordance with French law. As such,
The buyer irrevocably accepts that the courts of France shall have jurisdiction
exclusive right to hear any claim, dispute or disagreement concerning the auction and all its consequences.
- Collection of lots by buyers
In the case of payment by check or bank transfer, the delivery of the lots may be
suspended until the funds are actually received and definitively credited to the account
Bank account of the auction house Marc Labarbe and/or Maître Marc Labarbe. The removal, the
Handling and transport of the lots are carried out at the sole expense, risk and peril of
The successful bidder assumes full responsibility. Storage costs remain
also at his expense.
The lots must be collected within a maximum period of fourteen (14) days
calendar days from the date of the public sale. If the item is not collected within this period,
Storage fees will be due, per batch and per calendar day, according to the following scale:
– €5 excluding VAT (€8 including VAT) for a small object, defined as one that can fit «in the
palm of the hand"; ;
– €7 excluding VAT (€8.40 including VAT) for a batch with a volume of less than 1 m3; ;
– €10 excluding VAT (€12 including VAT) for a batch with a volume greater than 1 m3.
In addition, a fixed management and handling fee of €60 excluding VAT will be charged.
Bulky items are stored in Marc Labarbe's warehouse, at his expense.,
The successful bidder assumes all risks and perils. Marc Labarbe provides no guarantee of
of any kind whatsoever, relating to the storage of lots after their award,
The successful bidder alone assumes the consequences of their preservation. Marc Labarbe Company
cannot be held to any guarantee towards the successful bidder regarding this storage.
- Removal of unsold lots by sellers
The seller agrees to collect the furniture items within a maximum of two weeks after
the date of the removal report. In the event that the unsold items are not removed from
the auction house or any other storage location within 30 days of the auction, will
Storage fees of €5 excluding VAT per day and per item are charged for small items.
in "the palm of your hand" and €10 excluding VAT per day and per item for items exceeding this
Size. In case of unsold items, the seller authorizes Marc Labarbe to relist the items.
in a subsequent sale under the same conditions. Items of no value that have not been found
Buyer items will be removed from sale or disposed of at the seller's expense without any
warning, under simple mention in the minutes "withdrawn due to lack of bids".
- Export, import and circulation of cultural goods
The export of any goods from France, and their import into another country, may be subject to authorizations (export certificates, customs authorizations). It is the buyer's responsibility to verify the required authorizations; the buyer cannot make payment conditional upon obtaining an export or import authorization. Obtaining the appropriate certificates or authorizations is the buyer's responsibility. Lots made from or containing protected organic materials such as ivory, rhinoceros horn, tortoiseshell, rosewood, etc., may be subject to import or export restrictions. The inability to export or import a lot does not justify a delay in payment of the amount due or the cancellation of the sale. For further information, please contact Marc Labarbe.
Export
Buyers wishing to export their purchases must notify the authorities no later than the day of the
sale. They will be able to recover the VAT on the purchase fees provided that a
A properly completed customs clearance document must be submitted to the auctioneer Marc Labarbe and/or Maître
Marc Labarbe and that the name of the auction house is mentioned there as the exporter.
Any vehicle originating from the French Customs Union or benefiting from the regime of
Temporary importation, if it remains within the Customs Union, can be recovered on
simple presentation of the receipt, the amount of which will have been previously and fully determined.
settled at the auction house Marc Labarbe and/or Maître Marc Labarbe. If, however, the successful bidder
intends to export the vehicle outside the Customs Union, it will be his sole responsibility and
sole responsibility, to complete all the steps and formalities required by law in
force. Under no circumstances may the auction house Marc Labarbe and/or Maître Marc LABARBE be
prosecuted for failure to comply with or complete said formalities.
Temporary import
This scheme applies to vehicles entrusted by non-EU owners.
Buyers will be required to pay the applicable VAT at the current rate in addition to the auction price.
This VAT can be refunded to the non-EU buyer upon presentation of the
export documents within one month of the sale.
Circulation of cultural property
The application for any document required for the export of an item of cultural interest will be handled by the auction house Marc LABARBE and/or Maître Marc LABARBE. The time required to obtain such a document for a cultural item for its free movement outside French territory, i.e., intra-Community movement (Certificate) or European movement, i.e., export to a country outside the European Union (Export License), or any other administrative documents, does not affect the buyer's payment obligation.
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.
IV. MISCELLANEOUS
- Resale right (art. L122-8 CPI)
Resale rights are the remuneration due to authors and their legal heirs on the proceeds of any sale of original graphic and plastic works after their initial sale. The resale right represents a percentage of the hammer price calculated as follows: 4% from €750 up to €50,000; 3% from €50,000.01 to €200,000; 1% from €200,000.01 to €350,000; 0.5% from €350,000.01 to €500,000; 0.25% above €500,000. The resale right may not exceed €12,500 per lot. The amount is to be borne by the seller; Marc Labarbe will transmit this sum to the organization concerned, in the name and on behalf of the seller.
- Flat-rate tax on capital gains (Art. 150 VI to VM of the French General Tax Code)
Collectibles: a rate of 6.5% applies to all sales exceeding 5,000 euros.
The flat-rate tax system is applied.
Precious metals: rate of 11.5 % for objects in their raw or partially worked state
in gold, platinum or silver, and coins, in gold and silver, minted after 1800.
- Punching fees (art. L831-1 et seq. of the Commercial Code)
In the event that the Customs punching service is unavailable, the following will be provided:
by the seller of hallmarking fees relating to inspected precious metal objects
before the sale by the Toulouse Municipal Credit service (punching fee: €12)
VAT included / punch mark).
- Intellectual property and reproduction rights
Marc Labarbe has permission to reproduce the works submitted to the
These works are for sale and are not in the public domain. Without authorization, any reproduction of these works exposes the author to prosecution for copyright infringement by the copyright holder of the works thus reproduced. The sale of the goods offered does not, under any circumstances, entail the transfer of intellectual property rights to them, such as, in particular, the rights of reproduction or performance. Marc Labarbe owns the reproduction rights to his catalog. Any reproduction thereof is prohibited and constitutes copyright infringement.
- AML/CFT regulations and TRACFIN
In accordance with the legal and regulatory provisions relating to the fight against
Money laundering and terrorist financing (AML/CFT), the Auction House
Labarbe, as well as the bailiffs and auctioneers involved in the
within the framework of organized sales, are subject to obligations of identification, vigilance, and
collection of information and, where applicable, reporting to the competent authorities.
In this respect, every seller and every buyer undertakes to provide, upon first request, all
documents and information necessary for the creation and updating of his file.
For sellers, This obligation includes, in particular, the transmission of any document
official document allowing them to establish their identity (identity card, passport) as well as their status
owner of the goods entrusted to the sale. The Labarbe Auction House will also be able to
request any supporting documents relating to the origin, possession or ownership of the
goods offered for sale.
For buyers, This obligation includes, in particular, the transfer after the sale
a valid form of identification and, when acting on behalf of a
legal entity, and any document justifying its existence and representation
(K-Bis extract less than three months old, articles of association, proof of beneficial ownership, power of attorney)
representation or any other equivalent document).
For any sale or purchase of an item with a hammer price of €10,000 or more, both the seller and the buyer agree to complete and sign the questionnaire or due diligence form provided by the Labarbe Auction House. In this context:
• the buyer will notably have to justify the origin of the funds intended for the acquisition of the property; ;
• The seller must, in particular, provide all information relating to the origin and the
Origin of the item for sale (personal purchase, inheritance, donation, gift,
sharing, family transmission or any other origin).
The Labarbe Auction House may also demand the production of any document
additional information that it deems necessary for the performance of its legal obligations and
regulatory documents, including purchase invoices, certificates, inventories, and deeds of inheritance,
certificates, expert opinions, sworn statements or any other relevant document.
Refusal to provide the requested information or documents, communication of information
incomplete or inaccurate, or the impossibility of fulfilling due diligence obligations
imposed by regulations may lead to the suspension or cancellation of the sale, or the blocking of the delivery of a lot.
The information collected in this context is processed in accordance with the regulations in
in force and exclusively for the purpose of fulfilling the legal obligations of the Auction House
Labarbe in the fight against money laundering and the financing of terrorism.
- General Data Protection Regulation
By making this purchase, the successful bidder accepts these general terms and conditions of sale and consents to Marc Labarbe potentially collecting personal data.
consent to the computer processing of data and interests authorizes Marc
Labarbe to collect and use personal data and send him support materials
information based on the expression of their interests. The successful bidder will be able to
You may unsubscribe from these subscriptions at any time without conditions. Unless otherwise agreed by your
Furthermore, this information will remain limited to the purposes of the assigned mission and will be deleted.
in accordance with the deadlines prescribed by the CNIL or adopted by the profession. The Regulation
European Directive 2016/679 grants him the right of access, rectification, limitation, and portability.,
of deletion and of objection to data concerning him/her.
- Information notice regarding the auction access restrictions file
The limited liability company Marc LABARBE and/or Attorney Marc LABARBE subscribes to the TEMIS Service
allowing consultation and input of the Sales Access Restrictions File
auctions («TEMIS File») implemented by the company Commissaires-Priseurs Multimédia
(CPM), a public limited company with a management board, having its registered office at (75009) Paris, 37 rue de
Châteaudun, registered with the Paris Trade and Companies Register under number
437 868 425. Any unpaid auction slip owed to SARL Marc
LABARBE and/or Maître Marc LABARBE or having been subject to a payment delay is
liable to be registered in the TEMIS file.
(1) Purpose and legal basis of the TEMIS File
The TEMIS file records payment incidents related to auction slips (delays and
payment defaults), regardless of the method of participation of the bidders (in person or remotely) and can be consulted by all auction houses operating in
France and subscribers to the service. The bidder is informed that if their bid slip is not rectified within the period mentioned on the slip, a registration procedure in said file may be initiated by SARL Marc LABARBE and/or Maître Marc
LABARBE. The implementation of the TEMIS File and its use by SARL Marc
LABARBE and/or Maître Marc LABARBE is necessary for the purposes of the legitimate interest of
Subscribers to the TEMIS Service can prevent non-payment and thus secure auction sales.
(2) Organizations authorized to consult the TEMIS File (recipients)
The TEMIS File can be consulted by any subscribing sales structure (professionals and
companies authorized to conduct public auctions of furniture in accordance with applicable regulations and in particular the provisions of Title II » Sales at
auctions» of Book III of the Commercial Code (hereinafter the «Subscribing Professionals»)),
wishing to protect themselves against non-payment and thus secure their participation in the auctions they organize. The list of subscribers to the TEMIS Service can be consulted on the website www.interencheres.com, menu "Buy at auction", section "Auctioneers-
auctioneers.
(3) Consequence of registration in the TEMIS File
In the event that a bidder is registered in the TEMIS file, the SARL Marc LABARBE and/or
Master Marc LABARBE may impose conditions on access to the auctions she organizes
to the use of specific payment methods or guarantees or temporarily refuse the
Bidders' participation in auctions for which these guarantees cannot be implemented. Registration in the TEMIS database may limit the bidder's ability to bid with professionals subscribed to the TEMIS service. It also results in the temporary suspension of access to the "live" service of the
The www.interencheres.com platform is managed by CPM, in accordance with the general terms and conditions.
of using this platform.
(4) Registration period
Bidders are informed that the duration of registration on the TEMIS File is
determined by the number of unpaid auction slips with the
Professionals Subscribed to the TEMIS File, by their cumulative amounts and by their
regularization or not. The duration of registration in the TEMIS File is reduced if the Bidder
regularizes all payment incidents. It is increased when the bidder is involved in several unpaid invoices recorded in the TEMIS file. The registration of a
The auction slip in the event of a payment incident is automatically deleted at
maximum after a period of 24 months when the bidder is only subject to a
single registration, and 36 months when the bidder is subject to multiple registrations.
(5) Responsibilities
For the purposes of applying legislation regarding the protection of personal data, CPM and the limited liability company Marc LABARBE and/or Maître Marc LABARBE are all considered data controllers.
of processing. CPM is responsible for the implementation of the TEMIS File, which includes
including the collection of data from subscribers, the pooling and dissemination of
personal data recorded there, as well as system security
information hosting the TEMIS File. Marc LABARBE SARL and/or Maître Marc
LABARBE, as a subscriber, is responsible for its use of the TEMIS File, which
includes, in particular, the communication of personal data relating to
successful bidders at CPM for registration in the TEMIS File, verification of accuracy
and the updating of data, consultation, and reuse of information from
TEMIS file.
(6) Rights of persons
Bidders wishing to know if they are registered in the File or to contest it
Those registered can submit their requests in writing, providing proof of their identity by the
production of a copy of an identity document:
– For registrations made by SARL Marc LABARBE and/or Maître Marc
LABARBE in writing to contact@marclabarbe.com,
– For registrations made by other Professional Subscribers: in writing to
of Multimedia Auctioneers, 37 rue de Châteaudun, 75009 Paris, or by email
contact@temis.auction.
Any request relating to the exercise of the rights of erasure, limitation, objection, etc.
the Bidder has the right to comply with data protection legislation
personal matters, as well as any other dispute regarding a registration, must be addressed to
The professional who initiated the registration will submit an update request to
CPM. In case of difficulties, the bidder has the right to contact CPM by providing all
details and all supporting documents so that CPM can process its claim.
The bidder also has the right to appeal to the National Commission of
Data Protection Authority (CNIL) [3 Place de Fontenoy – TSA 80715 – 75334 PARIS]
CEDEX 07, www.cnil.fr] of a complaint concerning its registration in the TEMIS File.
For more information about the TEMIS File, the bidder is invited to consult the
CPM's privacy policy is available at www.temis.auction.
(7) Bidder's Contact Details
Important notifications regarding the outcome of the auction will be sent to the email and/or postal address provided by the bidder to the auction house at the time of bidding. The bidder must inform Marc LABARBE SARL and/or Maître Marc
LABARBE of any changes concerning its contact details.
SUPPLEMENT - JUDICIAL AUCTIONS AND PROFESSIONAL EQUIPMENT
In the context of judicial auctions, all goods, stock, equipment and
The items offered are sold as is, that is to say without any guarantee of functionality.
No claim, dispute or demand for compensation based on an apparent or non-apparent defect, flaw, deterioration or non-conformity not expressly mentioned in the lot description will be accepted after the auction.
The photographs illustrating the lots are provided for illustrative purposes only and do not represent
This document has no contractual nature. Only the description prepared by the firm is legally binding.
Provisions applicable to professional purchasers
Professional buyers are required to register for the sale
exclusively in the name of their company. No modification of the auction slip will be permitted.
can be carried out after the sale.
The firm reserves the right to request any supporting documents necessary for the establishment and
upon validation of the buyer's file, including an identity document and a K-Bis extract,
valid date or any equivalent document.
Batch removal and collection
The purchaser is solely responsible for arranging the collection of their purchases on the dates and
Schedules provided by the firm. It is his responsibility to arrange, at his own expense, all the
human, material and technical resources necessary for the dismantling, handling, loading and removal of the acquired lots.
For heavy, bulky or palletized items, the buyer will need to
It is essential to bring your own suitable handling equipment. Evacuation of
any waste, rubble or residue resulting from the dismantling or removal of the goods
remains the sole responsibility of the purchaser.
The dates and times for submission communicated by the study are mandatory and must be strictly adhered to.
The release of the lots is subject to the presentation of the auction slip.
fully paid, as well as an identity document matching the identity shown on the
purchaser's slip.
Any lot not collected within the time limits indicated in the catalogue or description will be deemed
definitively abandoned by the buyer. In this case, no claim will be accepted.,
restitution, compensation or request for reimbursement, in whole or in part, will not be
admissible.
Risk transfer
In accordance with the provisions applicable to public auctions, the risks
All rights and entitlements relating to the property are transferred to the purchaser immediately upon the auction. From that date,
The lots are placed under the sole responsibility of the buyer, at their own risk and peril.,
particularly in case of loss, theft, damage or destruction.
Buyers are strongly advised to arrive as soon as the withdrawal operations open in order to limit any risk of loss or damage to the acquired goods.