{"id":34386,"date":"2018-02-12T16:20:34","date_gmt":"2018-02-12T16:20:34","guid":{"rendered":"https:\/\/www.marclabarbe.com\/?page_id=34386"},"modified":"2026-04-24T08:38:33","modified_gmt":"2026-04-24T07:38:33","slug":"conditions-generales-de-vente","status":"publish","type":"page","link":"https:\/\/www.marclabarbe.com\/en\/conditions-generales-de-vente\/","title":{"rendered":"Terms of Sales"},"content":{"rendered":"
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Marc LABARBE EURL - Auction House Saint-Aubin, House of Public Auctions (OVV approved under number 2002-279<\/b><\/span>, RCS 44270824400011) is an operator of voluntary sales of public auction furniture governed by Article L.321-1 and following of the Commercial Code.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Any reference in these General Conditions to "Marc LABARBE" or "OVV Marc LABARBE" will be considered as referring to Marc LABARBE EURL.<\/p>

Only the French version of these Terms and Conditions is authentic. Any version in another language will only be considered incidental.<\/p>

The provisions of these General Conditions are independent of each other. The invalidity of any provision can not lead to the inapplicability of others.<\/p>

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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Batch status<\/h3>

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\u00a0condition reports\u00a0<\/i>on the state of the lots are available on request from Marc LABARBE.<\/p>

All information regarding the status of a lot in the catalog descriptions or in the\u00a0condition reports<\/i>, as well as any oral statement constitute the expression of an opinion. References made in catalog descriptions or in\u00a0condition reports\u00a0<\/i>concerning the condition of a lot relating to an accident or restoration, are given in order to attract the attention of the buyer.<\/p>

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.<\/p>

No complaint will be admissible from the adjudication pronounced.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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The auction room<\/h3><\/div>

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.<\/p>

Anyone wishing to bid will be held before the sale to fill in with Marc LABARBE a\u00a0Registration Form<\/i>. 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\u00a0a numbered plate\u00a0<\/i>will be assigned to each potential bidder.<\/p>

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.<\/p>

The fact of bidding will automatically imply for the bidder that he has read, understood and accepted the present general conditions of sale.<\/p>

Marc LABARBE reserves the right, in its sole discretion, to refuse any person participation in the auction.<\/p><\/div><\/div>

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Distance Auctions - Purchase Orders<\/h3><\/div>
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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,\u00a0purchase order forms\u00a0<\/i>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.<\/p>

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.<\/p>

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.<\/p>

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.<\/p>

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.<\/p>

Marc LABARBE can not accept any written purchase order whose amount is lower than the price of the low estimate.<\/p><\/div><\/div>

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Amount of the award<\/h3><\/div>

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\u00a0reserve price<\/i>below 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.<\/p>

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.<\/p>

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.<\/p><\/div><\/div>

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Transfer of risks and delivery of the property acquired<\/h3><\/div>

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.<\/p>

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.<\/p>

The settlement includes the deposit of the amount of the auction and additional costs on the bank account of the OVV Marc Labarbe.<\/p>

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.<\/p>

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.<\/p>

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.<\/p><\/div><\/div>

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Incidents of the sale\u00a0<\/h3><\/div>

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.<\/p>

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\u00a0crazy auction\u00a0<\/i>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.<\/p><\/div><\/div>

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Preemption of the French state<\/h3><\/div>

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.<\/p><\/div><\/div><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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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.<\/p>

The year announced in the description of each lot corresponds to the year appearing on the circulation title of the said lot.<\/p>

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.<\/p><\/div><\/div>

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Compliance<\/h3><\/div>
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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.<\/p><\/div><\/div><\/div><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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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:<\/p><\/div><\/div>