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Sales conditions

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

Presentation

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/Etienne Laurent and of its experts. Corrections can be announced during the auction and must be noted to the legal register. Vichy Enchères/Etienne Laurent 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, SAS Vichy Enchères/Etienne Laurent 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. 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/Etienne Laurent 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 a photocopy of your ID. This service is free.
Vichy Enchères/Etienne Laurent 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/Etienne Laurent needs to have a written request. This form must be sent to us completed and signed up to 24 hours before the auction, with a photocopy of your ID. This service is free.
Vichy Enchères/Etienne Laurent declines responsibility for any errors, omissions, technical problem that may occur or if the call has not been answered.
If Vichy Enchères/Etienne Laurent has doubt about the identity or the guarantee of the bidder, the auction house has the right to refuse online bids.

Live bids and secret absentee bids using the LIVE and ONLINE services of the www.interencheres.com ou www.auction.fr website

Live bid – If you wish to bid online (LIVE or ONLINE; live or by placing a secret absentee bid) during the auction, kindly register at www.interencheres.com and provide a credit card imprint (your bank details are not provided in clear text). In doing so, you allow www.interencheres.com and www.auction.fr to communicate to Vichy Enchères/Etienne Laurent all information relating to your registration as well as your credit card imprint. Vichy Enchères/Etienne Laurent reserve the right to request, if necessary, additional information prior to your final registration to bid online.
Any online bid will be considered an irrevocable commitment to purchase.

Secret absentee bid – Vichy Enchères/Etienne Laurent are not aware of the maximum amount of your secret bids placed via www.interencheres.com or www.auction.fr. Your bids are placed automatically and progressively up to the limit set by you. Execution of the order adapts to the bidding process according to current bids. The bid increment is defined by the following intervals:

From €0 to €100bids will rise in increments of€10
From €100 to €300 bids will rise in increments of€20
From €300 to €1,000bids will rise in increments of€50
From €1,000 to €2,000bids will rise in increments of€100
From €2,000 to €5,000bids will rise in increments of€200
From €5,000 to €10,000bids will rise in increments of€500
From €10,000 to €20 000bids will rise in increments of€1,000
From €20,000 to €50,000bids will rise in increments of€2,000
From €50,000 to €100,000bids will rise in increments of€5,000
From €100,000bids will rise in increments of€10,000

Payment – In the case of LIVE auctions, if you are a successful bidder online via a live auction or by means of a secret absentee bid, you authorise Vichy Enchères/Etienne Laurent, if they so wish, to use your credit card imprint to collect payment, partial or total, for your acquisitions, including the usual fees payable by the buyer for an amount of up to 100 euros. Above this amount, you will receive an email with your different payment choices:
• a 3DS link (email or text message)
• A Payzen link
• By bank transfer

As part of the ONLINE service, you will receive a 3D Secure payment link by e-mail to settle or clear your invoice up to the limit of €10,000.

The fees are increased for any purchase via ww.interencheres.com or www.auction.fr:
• For private lots, furniture and works of art and professional equipment category, increase of 3%, excluding tax, of the auction price (i.e. +3.60%, including all taxes).
• For private vehicles, increase of 35 EUR, excluding tax, per vehicle (i.e. +42 EUR, including all taxes, per vehicle).
• For court‑ordered auctions, no increase in the usual fees.
• For charitable auctions, no increase in the usual fees.

Vichy Enchères/Etienne Laurent cannot guarantee the efficiency of these bidding methods and may not be held liable for any problem with connection to the service for any reason whatsoever.

In case of a simultaneous or final LIVE bid of an equal amount, it is possible that the online bid may not be taken into account if the bid in the room was placed earlier. In any event, it is the auctioneer who will be the sole judge of the winning bid and the successful bid on his statement of auction. If you have any problem, please contact us by email at vente@vichy-encheres.com or by phone at +33 (0) 4 70 30 11 20.

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 3DS or Payzen link) 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: SAS 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. A right of preemption can be exercised in completely dematerialized sales. Vichy Enchères/Etienne Laurent cannot be responsible for conditions of the preemption for the French State.

During a sale live only, the non-professional buyer of a lot whose seller is a professional has a right of withdrawal. It must be done within 14 days of receipt of the lot by the buyer.

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/Etienne Laurent.
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 SAS Vichy Enchères/Etienne Laurent 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.
Without any contact with us concerning the storage or shipment, your items will be resold for your benefit one month after the auction.

Auctions of music instruments

👉 Your lot is currently in our offices in Vichy at 16 avenue de Lyon : click here to locate us.
👉 The parcels are made only after payment of the invoice(s).
👉 Due to the large number of parcels to be processed and the care we take with each package, our warehousemen use a delay of 2 to 3 weeks to prepare the parcels.
👉 Opening hours: Monday to Thursday (9am-12pm / 2pm-6pm) and Friday (10am-12pm / 2pm-5pm). 
👉 We do not provide quotations.

OPTION 1Pick up at Vichy EnchèresPlease indicate the date on which you will come to collect your purchase which is in our premises at Vichy Enchères at 16, avenue de Lyon (03200 VICHY). 
OPTION 2Deposit with our experts by our careAfter receiving your payment, we can deposit your lot(s) with our experts: for violins and cellos at the Maison Vatelot-Rampal  and for bows at the Cabinet d’Experts Archetiers Raffin & Associés 
From the date of delivery, please take possession of your instruments very quickly at our experts.
After one month, the lots will be sent back to Vichy Enchères at your expense. 
N.B. / This option is not available for double bass(s).
OPTION 3Deposit at the Cité RougemontFor this option, please contact us. After receiving your payment, we can deposit your lot(s) at the Cité Rougemont: click here for more information about the Cité Rougemont. 
N.B. / This option is not available for double bass(s).
OPTION 4Carrier chosen by youIf you wish, we can prepare your package.
Our storekeepers decide on the packaging and thus choose, according to the lot(s), to make one or more parcels. It is your responsibility to inform us at the outset if you have any special requirements. Indeed, for any ready package that should be unpacked, you will be charged an additional fee. 
Once we have received your payment, we will inform you of the weight and dimensions so that you can pass them on to your carrier who will collect the parcel from our premises: 16, avenue de Lyon 03 200 VICHY.
Please send us the details of your carrier by e-mail.
OPTION 5Sending by La PosteThe weight and dimensions of the package are limited. For this option, the price of the lot must be less than 1 000 euros. Please note that for this option, by the Poste, we do not send any parcels to countries outside the EU.

Auctions of school instruments

👉 Your lot is currently in our offices in Vichy at 16 avenue de Lyon : click here to locate us.
👉 The parcels are made only after payment of the invoice(s).
👉 Due to the large number of parcels to be processed and the care we take with each package, our
warehousemen use a delay of 2 to 3 weeks to prepare the parcels.
👉 Opening hours: Monday to Thursday (9am-12pm / 2pm-6pm) and Friday (10am-12pm / 2pm-5pm). 
👉 We do not provide quotations.
👉 The transport costs by the Post Office will be paid after the parcel is sent.  
👉 Thank you to communicate us the choice of your option ONLY by e-mail.

OPTION 1Pick up at Vichy EnchèresPlease indicate the date on which you will come to collect your purchase which is in our premises at Vichy Enchères at 16, avenue de Lyon (03200 VICHY).
OPTION 2Deposit at the Cité RougemontFor this option, please contact us. After receiving your payment, we can deposit your lot(s) at the Cité Rougemont on [insert date]: click here for more information about the Cité Rougemont.
N.B. / You cannot choose this option if your lot(s) are large volumes.
OPTION 3Carrier chosen by youIf you wish, we can prepare your package.
Our storekeepers decide on the packaging and thus choose, according to the lot(s), to make one or more parcels. It is your responsibility to inform us at the outset if you have any special requirements. Indeed, for any ready package that should be unpacked, you will be charged an additional fee. 
Once we have received your payment, we will inform you of the weight and dimensions so that you can pass them on to your carrier who will collect the parcel from our premises: 16, avenue de Lyon 03 200 VICHY.
Please send us the details of your carrier by e-mail.
OPTION 4Sending by La PosteThe weight and dimensions of the package are limited. For this option, the price of the lot must be less than 1 000 euros. Please note that for this option, by the Poste, we do not send any parcels to countries outside the EU.

Current sales

👉 Your lot(s) is currently in our offices in Vichy at 16 avenue de Lyon : click here to locate us.
👉 Opening hours: Monday to Thursday (9am-12pm / 2pm-6pm) and Friday (10am-12pm / 2pm-5pm). 
👉 We do not pack, quote or ship.
👉 Please inform us of your choice of option ONLY by e-mail.

OPTION 1Pick up at Vichy EnchèresPlease indicate the date on which you will come to collect your purchase which is in our premises at Vichy Enchères at 16, avenue de Lyon (03200 VICHY).
OPTION 2Deposit at the Cité RougemontFor this option, please contact us. After receiving your payment, we can deposit your lot(s) at the Cité Rougemont: click here for more information about the Cité Rougemont. 
The items sold are kept free of charge at the office until two weeks after the sale. Beyond that time, a storage fee will be charged.
N.B. / You cannot choose this option if your lots are large (furniture, pedestals, armchairs, chairs, saddles, chandeliers…).
OPTION 3MBE Clermont Ferrand CarrierThe MBE carrier (04 73 93 76 52 / mbe004sdv@mbefrance.fr) packs and ships your packages. Please confirm your postal address for delivery.

Jewellery sales

👉 Your lot(s) is currently in our offices in Vichy at 16 avenue de Lyon : click here to locate us.
👉 Opening hours: Monday to Thursday (9am-12pm / 2pm-6pm) and Friday (10am-12pm / 2pm-5pm). 
👉 Please inform us of your choice of option ONLY by e-mail.

OPTION 1Pick up at Vichy EnchèresPlease indicate the date on which you will come to collect your purchase which is in our premises at Vichy Enchères at 16, avenue de Lyon (03200 VICHY). 
OPTION 2Deposit at the Cité RougemontFor this option, please contact us. After receiving your payment, we can deposit your lot(s) at the Cité Rougemont on [date not set]: click here for more information about the Cité Rougemont.
OPTION 3Carrier of your choiceThe carrier of your choice will pack and ship your packages. Please confirm your postal address for delivery.
OPTION 4 MBE Clermont Ferrand CarrierThe MBE carrier (04 73 93 76 52 / mbe004sdv@mbefrance.fr) packs and ships your packages. Please confirm your postal address for delivery.
OPTION 5Shipment by La PosteYou have the possibility of entrusting us with the packaging and shipping of your jewellery by the Post Office in declared value up to 5000 euros. The shipping costs will be automatically debited according to the chosen payment method.

TEMIS – Auction access restriction file

Vichy Enchères/Etienne Laurent 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/Etienne Laurent or subject to delays in payment may be added to 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/Etienne Laurent may initiate the listing procedure.
Vichy Enchères/Etienne Laurent 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/Etienne Laurent 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/Etienne Laurent 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/Etienne Laurent, 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/Etienne Laurent: by post (16 avenue de Lyon / 03200 Vichy / France) or by email to vente@vichy-encheres.com,
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/Etienne Laurent of any changes to their contact details.

International litigation

French law is applicable to these general conditions of sale and to the public auctions they govern. Any dispute relating to their existence, validity, interpretation or execution will be submitted to the competent courts.

GDPR

Since May 25th, 2018 and according to the General Data Protection Regulation, VICHY ENCHÈRES offers you the possibility to know, modify or delete any information about you by sending an email to vente@vichy-encheres.com. The use of your personal data is only intended to keep you informed of the news of the auction house, prepare your invoices and proceed to the payment of your lots. No bank direct debit can be made without your prior consent. Your bank details will never be forwarded to anyone and will only be used for the payment of your lots. If you don’t want to make changes, you have nothing to do. This will automatically authorize VICHY ENCHÈRES to responsibly use your data.

Vichy Enchères has access to the TEMIS platform operated by Commissaires-Priseurs Multimédia (CPM) for the purposes of handling the recovery of unpaid invoices. In this context, where there is a delay to payment, the personal data of bidders, or their representatives (e.g. name and contact details, auction information, invoices, etc.) may be shared with CPM for the purposes of collecting unpaid amounts. CPM acts as a processor as defined by the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016).

USE OF PERSONAL DATA

Vichy Enchères may have to share all or part of your personal data with:
• the partner companies of Vichy Enchères as part of their services, whether during transport and customs transit, sending Vichy Enchères mailings, registration for our sales via the purchase order registration platform and via the secure online payment platform for invoices, for the IT maintenance and security service of Vichy Enchères.
• the administrative and judicial authorities competent and empowered to obtain this information, as part of a verification of the compliance of transactions directly or indirectly related to the sale process of any lot.