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Sales conditions

Before bidding on one of our sales, please read our general sales condition.

Vichy Enchères is regulated by the law of July 10th 2000. Vichy Enchères is the representatives of the seller who contracts with the buyer. Relations are subjected to the present general sales conditions.
The voluntary sale is made in euro and directly after the sale. Our buyer fees amount to 24% in addition to the auction (tax included).
The judicial sale is made in euro and and directly after the sale. Our buyer fees amount to 14,40% in addition to the auction (tax included).
By bidding, bidders are personaly responsible to pay the hammer price, plus all fees and taxes due.

Guarantees

According to the law, descriptions in the sale catalog engage the responsibility of Vichy Enchères and of its experts. Corrections can be announced during the auction and must be noted to the legal register. Vichy Enchères and the experts guarantee the authenticity of the lots presented in the sale.
The attributions were established using scientific and artistic knowledge at the date of the sale.
Before our sales, you can come and see the lots at the auction house in order to view it and to consult their condition report. No complaint will be accepted once the auction done.
The French text is the official one and will be used if needed.
The reproductions in the catalog are as true as possible but are not contractual. The state of the frames is not guaranteed. The dimensions and the weight are given for information.

Music instruments
In order to guarantee the origin of the instruments presented in its sales, SARL Vichy Enchères subscribes to the services of Art Loss Register (ALR). This register of the art market maintains the world’s largest private database of stolen art, antiques and collectables.
A significant specificity of the French public auction system is the buyer’s guarantee of its purchase. In fact, each lot sold is accompanied by a slip guaranteeing the authenticity of the item for a period of five years.
Finally, a certificate of authenticity prepared by the experts themselves is issued for the most valuable instruments.

Bids

You need a numbered paddle to bid. You can ask this paddle to our team before the auction in exchange for a valid piece of identification or payment. When returning the paddle, your documents will be returned.
If you are the successful bidder, you must give your name and your address. The payment is made directly after the sale. No lot will be given before the full payment. After the word “adjugé”, the lot will be under your full responsibility. Vichy Enchères declines any responsibility for any damage during a possible storage, shipment or transport of the lot.

Absentee bid
You can leave a purchase order with a maximum bid. The auctioneer will act on your behalf, according to your instructions. If there is a conflict between two purchase orders, the one that has been received first by the auction house has priority. The order requires a written request (lien vers le PDF). This form must be sent to us completed and signed up to 24 hours before the auction, with your credit card references and a photocopy of your ID. This service is free.
Vichy Enchères declines responsibility for any errors or omissions.

Telephone bid
You can ask to be called by phone to bid in live for lots whose low estimate is higher than or equal to €100. If you want to bid by phone, you agree to bid at least until the low estimate. For a phone bid, Vichy Enchères needs to have a written request. This form must be sent to us completed and signed up to 24 hours before the auction, with your credit card references and a photocopy of your ID. This service is free.
Vichy Enchères declines responsibility for any errors, omissions, technical problem that may occur or if the call has not been answered.
If Vichy Enchères has doubt about the identity or the guarantee of the bidder, the auction house has the right to refuse online bids.

Bid online and secret orders
You can bid online and leave secret orders during some auctions via the website www.interencheres.com/03001. For these services, you need to register your bank details. Your bid will be charged to 3,60% VAT in addition to the adjudication price. For judicial lots this fee is not applied.

Right to retract

Public auctions which the public may attend are not subject to the right of withdrawal. Thus, no withdrawal can be exercised, even by people who have made their purchase “online”, by written purchase order, telephone or internet, during sales organized in saleroom or “live” sales, broadcast live on the internet from the saleroom, in the presence of the auctioneer and with the possibility that an audience will attend the sale.

Payment

The payment is directly made after the sale. We strongly recommend you to pay by credit card (by phone or online) or by bank transfer. Cash payments are highly regulated and cannot exceed €1.000 for French citizens or professionals (included taxes and fees). For non-professional foreign citizens, the maximum amount is €15.000 with presentation of valid passport and evidence of residence abroad. We accept Visa and Mastercards. American Express cards will be refused.
The invoice will not show any recoverable VAT (Art. 297-A of the CGI).

Bank references
Beneficiary Bank: BANQUER NUGER VICHY
Beneficiary: SARL Vichy Enchères
Account to be credited: 186 835 00201
IBAN : FR76 1348 9023 0018 6835 0020 141
Swift Code: NORDFRPP
BIC Code: BNUGFR21
Intra-Community identification number:
FR82 442 457 925
SIREN : 442 457 925
SIRET : 442 457 925 00018

We draw your attention to the resurgence of fraudulent messages. To help you identify them, know for example that our bank is Nuger Banque in France. Our IBAN will always start with FR76. If you have any doubt, please contact our team by phone (+33 4 70 30 11 20).

Right of preemption on the french state

The French State may replace the last bidder to obtain an item at its hammer price. The representative of the museum concerned must make an announcement as soon as the hammer fails. Periods of retraction of fifteen days then follow, during which the last bidder remains the owner of the lot unless the right of preemption is exercised. He becomes the owner once and for all at the end of these fifteen days if the State doesn’t confirm its preemption. Vichy Enchères cannot be responsible for conditions of the preemption for the French State.

Pick up and shipping lots

After your payment, we give you the invoice and you can recover your lots according to days and opening hours to Vichy Enchères.
Lots sold are kept free of charge for up to two weeks after the sale. Beyond 10 working days, storage costs of €10 (excluding tax) per day and per lot will be charged, plus additional insurance costs relating to the value of the object.
We also have a deposit office in Paris, at the Rougemont warehouse, to make it easier for you to collect your purchases. A fixed contribution need to be paid to SARL Vichy Enchères before delivery. You have fifteen days from the date of delivery to take possession of your lot. Beyond this period, you will have to pay for storage costs.

Auctions of music instruments
We take care of packaging your lots in an appropriate and secure manner. The purchaser must pay the shipping costs.

Other sales
Except music specialty, we don’t take care of the packaging or shipping. We invite you to contact MBE Transports (Clermont-Ferrand agency: +33 (0)4 73 93 76 52 / mbe004@mbefrance.fr) or the carrier of your choice who will take care of the packaging and shipping.

TEMIS – Auction access restriction file

Notice
Vichy Enchères is a subscriber to the TEMIS Service, which allows users to view and make additions to the Auction access restriction file (“TEMIS File”), maintained by Commissaires-Priseurs Multimédia (CPM), public limited company with executive board, with registered office at 37 Rue de Châteaudun, 75009 Paris, listed on the Paris Trade and Companies Register under number 437 868 425.
All auction sale invoices remaining unpaid after Vichy Enchères or subject to delays in payment may be added to the TEMIS File.

Legal basis and purpose of the TEMIS File
The TEMIS File records instances of non-payment of auction sales invoices (e.g. payment delays or defaults) across all modes of bidder participation (i.e. in-person or remote) and may be viewed by all France-based auctioneers who subscribe to the service.
Where a bidder fails to settle an auction sales invoice by the due date indicated on the invoice, Vichy Enchères may initiate the listing procedure.
Vichy Enchères operates and uses the TEMIS File in the legitimate interests of TEMIS Service subscribers to prevent instances of non-payment and to protect the auction process.

Organisations authorised to view the TEMIS File (beneficiaries)
The TEMIS File may be viewed by any sales organisation that is subscribed to the TEMIS Service (professionals and companies qualified to organise public sales events in accordance with applicable law and regulations, including Book III, Part II of the Commercial Code, “Auctions” (hereinafter “Professional Subscribers”)), who seek to protect against instances of non-payment and safeguard their auction processes. The list of subscribers to the TEMIS service is available to view at www.interencheres.com, in the drop-down menu “Acheter aux enchères” (Buy at auctions), under “Les commissaires-priseurs” (Auctioneers).

What happens if a bidder is listed on the TEMIS File
Where a bidder is added to the TEMIS File, Vichy Enchères may make access to auctions contingent on the use of payment methods or specific guarantees, or it may prevent the bidders from participating in auctions for which such guarantees cannot be provided.
Bidders listed on the TEMIS File may face restrictions to their bidding activity at auctions operated by auctioneers with a Professional Subscription to the TEMIS service. This shall also result in temporary suspension of access to the www.interencheres.com live service, operated by CPM, in accordance with the general terms of use for this platform.

Duration of listing
The length of time for which a bidder is listed on the TEMIS File depends on the number of unpaid auction sales invoices payable to Professional Subscribers to the TEMIS File, the total amounts owed, and their payment status (i.e. paid/unpaid). The duration of listing on the TEMIS File shall be reduced where the Bidder settles all instances of non-payment. It shall be increased where multiple unpaid auction sales invoices are listed against the bidder on the TEMIS File.
An unpaid auction sales invoice shall be automatically deleted within 24 months where the bidder is included on one listing only, and within 36 months where the bidder is included on multiple listings.

Responsibility
In the enforcement of data protection legislation, CPM and Vichy Enchères both act in the capacity of data controller.
CPM is responsible for operating and maintaining the TEMIS File, which involves collecting subscriber data, sharing and communicating the personal data collected, as well as ensuring the protection of information systems hosting the TEMIS File.
Vichy Enchères, as a subscriber, is responsible for its use of the TEMIS File, which in particular includes communicating personal data regarding auctions to CPM for the TEMIS File listing procedure, updating and checking the accuracy of data, and reusing information on the TEMIS File.

Rights of bidders
Bidders can find out if they are listed on the File or contest their listing by submitting a request in writing accompanied by proof of identity in the form of a copy of a relevant identity document:
For listings added by Vichy Enchères: by post to… or by email to [contact details for Vichy Enchères,
For listings added by other Professional Subscribers: by post to CPM, 37 Rue de Châteaudun, 75009, or by email to contact@temis.auction.

All requests by Bidders to exercise their right of erasure, restriction or objection under applicable data protection legislation, as well as all other objections to a listing, must be sent to the Professional responsible for the listing, who shall forward an update request to CPM. In the event of difficulties, the bidder may contact CPM, who will handle the bidder’s complaint, attaching all details and supporting documentation.
The Bidder may also submit a complaint regarding their listing on the TEMIS File to the French Data Protection Authority (CNIL) [3 Place de Fontenoy, TSA 80715, 75334 Paris, Cedex 07, www.cnil.fr].
For more information on the TEMIS File, bidders can view CPM’s privacy policy, available at www.temis.auction.

Bidder contact details
Important notifications relating to the auction process will be sent to the email and/or postal address that the bidder provides the auctioneer at the time of auction. The bidder must notify Vichy Enchères of any changes to their contact details.