GENERAL TERMS AND CONDITIONS OF SALE
Tajan is an auction house specialised in moveable property governed by French Act no. 2000-642 of July 10th 2000.
Tajan acts as the seller’s agent. The auctioneer is not a party to the sale agreement, which is solely binding on the seller and the successful bidder.
These general terms and conditions of sale, the sale and all matters relating thereto are governed by French law; the sellers, buyers and their agents accept that the courts of Paris (France) alone shall have jurisdiction over any legal action.
These general terms and conditions are independent.
Purchases must be made in cash and prices are stated in euros (€).
The seller warrants to Tajan and to the buyer that he/she is the undisputed owner of the items offered for sale or that he/she has been authorised by the undisputed owner, that the said items are not encumbered by any claim, dispute, attachment, reservation or pledge and that he/she can legally transfer ownership of these items.
The information included in the catalogue is prepared by Tajan with the assistance of the Expert, if necessary, with the care required for public auctions, subject to the notices, declarations and amendments announced upon presentation of the item and noted in the record of sale.
This information, including the dimensions set out in the catalogue, is provided to help the potential buyer inspect items and must be assessed personally by him/her. If no information on restoration, an accident, retouching or any other incident is provided in the catalogue, the condition reports or labels or during a verbal announcement, this does not mean that the item is void of defects.
Inasmuch as buyers are given the opportunity to examine works displayed prior to the sale, no claim may be made after the sale is complete.
Buyers may obtain a condition report on items included in the catalogue that are estimated at more than €1 000 upon request. The information contained in such reports is provided free of charge and solely to serve as an indication. It shall by no means incur the liability of Tajan.
In the event of a dispute concerning inter alia the authenticity or origin of items sold, Tajan is bound by a best endeavours obligation; its liability may only be incurred if evidence is provided that it committed a wrongdoing.
Summary of definitions
Attributed to: means that the work mentioned was created during the artist’s period of production and that it is highly likely or possible (though not certain) that he/she is the artist.
Influenced by: the work is the painting of a contemporary artist of the artist mentioned who was highly influenced by the master’s work.
Artist’s studio: the work was produced in the artist’s studio, but by students under his/her supervision.
In the style of: the work is no longer a period work.
Estimates and reserve prices
The estimated sale price appears beside each lot included in the catalogue. It does not include the buyer’s premium or VAT.
The reserve price is the minimum confidential price agreed with the seller. If the reserve price is not met, the item will not be sold. The reserve price may not exceed the lowest estimate set out in the catalogue or announced publicly by the accredited auctioneer and noted in the auction house’s files.
If no reserve price is set, Tajan shall not incur any liability vis-à-vis the seller if the item concerned is sold at a price lower than the lowest estimate published in the sale catalogue.
Absentee bid forms and telephone bids
Absentee bid forms may be submitted using the special form provided at the end of the catalogue.
This form must be sent to Tajan no later than two working days before the sale, together with a bank account identification slip (“RIB”) and a copy of the bidder’s proof of identity. For significant purchases, a buyer may be asked to provide a bank letter of credit.
If several absentee bid forms are submitted for the same item, the first order received will take priority.
Telephone bids may be placed by clients who cannot attend the auction. To this end, the client must return the above-mentioned form to Tajan under the same conditions. Telephone bidding can only be arranged for lots with sale estimates over €200.
As there are only a limited number of telephone lines, the necessary arrangements must be made at least two working days before the auction.
In both cases, this is a service graciously provided free of charge to the client.
Tajan, its employees, agents and representatives shall not incur any liability in the event of an error or omission in the execution of orders received or the non execution of orders.
For the sake of the smooth conduct of auctions, bidders are asked to present themselves to Tajan prior to the sale in order to register their personal data. Potential buyers must provide proof of their identity and bank references.
All individuals who register with Tajan shall have the right to access and rectify the personal data they provide to Tajan in accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004.
Auctions will be carried out following the order of the lot numbers as they appear in the catalogue. Tajan is free to set the increment of each bid and all bidders must adhere to this process. The highest and last bidder will be the successful bidder.
In the event of a dispute during the bidding process, that is, if two or more bidders simultaneously place the same bid, either orally or by a signal, and each claim the item concerned when the auctioneer has declared the item “sold”, the said item will be re-auctioned immediately at the price offered by the bidders and all those present may take part in this second auction.
Any individual who makes a bid during the sale shall be deemed to be doing so in his/her own name; he/she shall assume full responsibility for his/her bid, unless he/she registered him/herself as an agent with Tajan and stipulated that the bid was being made for a designated third party.
In the event the seller sets a reserve price, Tajan reserves the right to propose bids on the seller’s behalf until such time as the reserve is met.
Sales are carried out in euros. A currency conversion panel will be displayed at certain auctions. The currency rates shown are provided for information purposes only. Tajan shall under no circumstances be held liable for any errors that occur in the conversion of currencies. Information provided in euros by the accredited auctioneer alone shall be valid.
Amounts payable by the buyer
The buyer must pay Tajan, in addition to the “hammer price”, commission of 23% excl. tax for the portion up to €20 000 -- 20% excl. tax for the portion between €20 001 up to €600 000 -- And 12% excl. tax for the portion above €600 000. In addition, VAT shall be charged at the rate of 19.6% (5.5% for books).
Items originating from a country outside the European Union shall be marked with the symbol ƒ and ƒƒ.
ƒ: In addition to the regular buyer's premium, a commission of 5.5% (i.e., 5.802% inclusive of VAT for books, 6.578% incl. VAT for the other lots) will be charged to the buyer.
ƒƒ: In addition to the regular buyer's premium, a commission of 19.6% (i.e., 23.44% incl. VAT) will be charged to the buyer.
This VAT shall be payable by the buyer.
These additional costs may, in certain cases, be reimbursed to the buyer. For more information, please contact our payment department on +33 1 53 30 30 33.
Payment must be made immediately after the sale.
If the successful bidder did not register before the sale, he/she must provide proof of identity and bank references.
Payments may be made by one of the following methods:
- Bank transfer in euros,
- Visa card or Master Card (subject to the presentation of valid profff of identity),
- In cash in euros : for individual european union resident, and for all professionals, to an equal or lower amount of €3 000.
- In cash in euros : for individual only and non european union resident, to an equal or lower amount of €15 000.
- Certified banker’s draft in euros subject to the presentation of valid proof of identity.
Cheques drawn on a foreign bank will not be accepted.
Cheques and bank transfers must be denominated in euros and made out to the order of Tajan SA;
3, rue La Boétie, 75008 Paris, France
Compte : 00502009705 74
Code banque : 30056
Code guichet : 00050
Code SwIFT : CCFRFRPP
IBAN : FR76 30056 00050 00502009705 74
Tajan’s payment department is open every working day from 9.00 a.m. to 12.30 p.m. and from 2.00 p.m. to 5.30 p.m. Tel. +33 1 53 30 30 33
Buyers may only take possession of items sold after Tajan has received full payment of the sale price and the related commission and costs.
As soon as an item is pronounced “sold”, it shall be placed under the sole responsibility of the buyer.
It shall be the buyer’s responsibility to insure the item purchased immediately.
In accordance with Article 14 of French Act no. 2000-642 of July 10th 2000, if the successful bidder fails to pay for an item after the issuance of a formal demand that remains without effect, the item shall be re-auctioned at the seller’s request. If the price of the new bid is lower than the original false bidder’s price, the false bidder shall pay the difference. If the seller does not make such a request within one month of the auction, the sale shall be cancelled by operation of law, without prejudice to the damages payable by the false bidder.
Tajan reserves the right to claim the following from the false bidder:
- interest at the statutory rate,
- the reimbursement of the additional costs incurred by reason of his/her default,
- payment of the sale price or:
- the difference between this price and the resale price if the latter is lower, as well as the costs incurred in relation with the re-auction.
- the difference between this price and the original false bidder’s price if the latter is lower, as well as the costs incurred by the re-auction.
Tajan also reserves the right to offset any amounts which the false bidder owes to it.
Tajan reserves the right to ban any bidder who fails to comply with its general terms and conditions of sale from attending any future auction.
French State’s right of pre-emption
The French State has a right of pre-emption in respect of certain works of art offered at auction. If the State wishes to exercise this right in respect of a sale, it must express its intention to do so within 15 days of the sale. In this case, the State shall be substituted for the last highest bidder.
Import and export
The import and export of goods may be subject to authorisation (export certificates, customs authorisations). It is the buyer’s responsibility to check which authorisations are required.
Collection of items purchased
The buyer may not take receipt of any lot until such time as he/she has paid all amounts due in full.
Furniture, paintings and large items sold that are not collected at the end of the sale shall be stored at the premises of Transports Monin where they may be collected two days after the sale. Storage costs shall be invoiced to the buyer starting on the 15th calendar day from the date of the sale.
Items which are not collected within this time limit shall be stored at the risk and expense of the buyer.
All costs owed to the security firm must be paid prior to taking delivery of the goods.
In the event of a payment by cheque or bank transfer, delivery of the goods may be deferred until such time as the payment has cleared.
In this case, storage costs shall be borne by the buyer and Tajan shall incur no liability whatsoever in this respect.
Collection of unsold items
The seller must collect any unsold items as soon as possible and in any case within 14 days of the auction.
If the unsold items are not collected, the cost of storage shall be paid by the seller at the usual rate applicable in such matters.
Tajan shall not be bound by any warranty vis-à-vis the seller in respect of such storage.