Voluntary sale fees: variable fees
Judicial sale fees: legal fees on lots preceded by *.
The sale will be conducted in cash and in euros. Lots marked with an * will be sold with legal fees (see information on each sale).
"All auction slips which remain unpaid to KAHN & ASSOCIES and/or SELAS DAVID KAHN or which are subject to late payment may be registered in the TEMIS File".
ADVERTISING
Public distribution of the digital sales catalogue constitutes prior advertising". Article L. 321-11 of the French Commercial Code.
GUARANTEES
The attributions made in the sales catalogues have been established taking into account scientific and artistic knowledge at the date of the sale. All lots are sold in used condition with minor accidents. KAHN & ASSOCIES cannot be held responsible for the designations and estimates, which are given for information purposes only. Potential buyers are invited to ask for any information on the condition of the lots. Photographic reproductions may not give an entirely faithful image of the actual condition of a lot, in particular because the colours or shadows shown in the reproduction may differ from what would be perceived by a direct observer. The dimensions of the Lots are given as an indication, with a reasonable margin of error (less than 10%).
Indications given by KAHN & ASSOCIES as to the existence of any restoration, accident or incident affecting the lot are expressed to facilitate its inspection by the potential buyer and remain subject to his personal appreciation or that of his expert. The absence of any indication of restoration, accident or incident in the online catalogue, reports, labels or verbally, in no way implies that an item is free of any present, past or repaired defect. Conversely, the mention of any defect does not imply the absence of any other defect. With regard to paintings and graphic works, restorations and lining are considered to be conservatory measures that do not lead to depreciation and do not constitute a defect. With regard to clocks and watches, in particular, and more generally any object comprising a mechanism, no guarantees on the mechanisms and their operation will be given to the buyer. Restorations, modifications, technical characteristics, serial numbers, dimensions and weights are given to the best of our ability. They are given only as an indication to facilitate the inspection of the potential purchaser and remain subject to his personal appreciation. Photos are not contractual. The responsibility of the auctioneer and the expert cannot be called into question in the event of omissions which may remain despite the precautions taken.
The absence of an indication in no way implies that a watch is free of defects.No warranty is given on the condition of the watches and straps.Revisions, adjustments and water-resistance are the responsibility of the buyer.No claims will be accepted once the auction has been announced.Restored or repainted dials, which constitute a conservatory measure and not a defect, will not be reported.The condition of bracelets and the water-resistance of watches are not guaranteed, nor is the authenticity of folding clasps or buckles.The buyer is advised to consult a watchmaker before use.With regard to jewellery and precious metals, current legislation, in particular Decree 2002-65 of 14 January 2002 and Law 2004-1485 of 30 December 2005, applies.Precious and fine stones may have undergone treatments designed to enhance their value. For example: oiling of emeralds, heat treatment of rubies and sapphires, bleaching of pearls, etc. These treatments are traditional and accepted on the international jewellery market. Given the resurgence of new treatments, stones presented without certificates are sold without any guarantee that they have been treated. Please note that the origin of the stones and the quality (colour and purity of the diamonds) reflect the opinion of the laboratory issuing the certificate. No claim will be accepted if another laboratory issues a different opinion, and no claim will be accepted in this respect.
The catalogue reproductions of the works are as faithful as possible, although there may be differences in colour or tone. Dimensions are given as an indication only. Any changes to the conditions of sale or to the catalogue descriptions will be announced verbally during the sale and noted in the minutes. An estimate in euros of the probable sale price appears after each lot. This is only an indication; the hammer price resulting from the auction may, of course, vary by more or less than this estimate. The information collected on the registration forms is compulsory in order to take part in the sale and for the auction to be taken into account and managed. You may find out about and rectify the data concerning you, or object to it being processed further for legitimate reasons, by sending a written request accompanied by a copy of your identity card to the sale operator by post or e-mail. In the context of ONLINE and LIVE ONLY sales, private (non-professional) bidders benefit from a right of withdrawal of 14 days from delivery or receipt of the lot if the lot sold belongs to a professional. This request must be sent by e-mail within this period: contact@kahnetassocies.com. All additional direct costs, whether fixed or proportional, shall be borne by the purchaser exercising his/her right of withdrawal.
IVORY
The successful bidder mandates KAHN & ASSOCIES to make on his behalf, the declaration of purchase provided for in Article 2bis of the Order of 16 August 2016 relating to the ban on trade in elephant ivory and rhinoceros horn.
AUCTIONS
The successful bidder will be the highest and last bidder, and will be obliged to give his name and address. No lot will be handed over to the purchasers before full payment has been made. In the event of payment by cheque or bank transfer, the delivery of the items may be deferred until they have been cashed. In the event of a dispute at the time of the auction, i.e. if it is established that two or more bidders have simultaneously made an equivalent bid, either aloud or by sign, and are claiming the item at the same time after the word "adjudged" has been pronounced, the said item will immediately be reoffered for sale at the price proposed by the bidders and all members of the public present will be allowed to bid again. AUCTION REGISTRATION FORMALITIES. A bidder unable to attend the sale must complete the SVV's purchase order form. KAHN & ASSOCIÉS will act on behalf of the bidder, in accordance with the instructions contained in the purchase order form, in an attempt to purchase the lot(s) at the lowest possible price, and in no case exceeding the maximum amount indicated by the bidder. Written purchase orders or telephone bids are a facility for clients. Neither KAHN & ASSOCIÉS nor its employees can be held responsible for any errors or omissions in the execution of such orders or for any failure to execute them. Where two purchase orders are identical, priority will be given to one of them.
No one will be allowed to leave a purchase order without having submitted, prior to the public sale, either a bank card or a cheque guaranteeing payment of their purchase. The OVV reserves the right to ask any potential bidder to provide proof of identity and bank details and to make a deposit. The OVV reserves the right to refuse access to the sale to any person who has not complied with these requests" or, with regard to capping bids: "the OVV reserves the right to cap the amount of remote bids from online bidders at €XX. Buyers may also bid via the services provided by auction sales platforms and therefore additional charges for the use of this service will be applied to their listing. The OVV cannot be held responsible for any malfunction linked to the platform or the connection.
Direct bidding. If you wish to bid online (LIVE or Chrono; live or by automatic bidding) during the sale, please register on www.interencheres.com and make a bank card imprint (your bank details are not communicated to us in clear text). You hereby agree that www.interencheres.com may provide KAHN & ASSOCIES and SELAS DAVID KAHN with all the information relating to your registration and your credit card imprint.
KAHN & ASSOCIES and SELAS DAVID KAHN reserve the right to request, if necessary, additional information before you register to bid online. Any online bid will be considered as an irrevocable commitment to buy.
1/2 Automatic bidding. KAHN & ASSOCIES and SELAS DAVID KAHN have no knowledge of the maximum amount of your automatic bids via www.interencheres.com. Your bids are formed automatically and progressively within the limit you have set. The execution of the automatic bidding adapts to the bidding light according to the bids in progress. The bidding step is defined by the following intervals: up to €19: €1; €20 to €199: €10; €200 to €499: €20; €500 to €999: €50; €1,000 to €4,999: €100; €5,000 to €9,999: €200; €10,000 to €19,999: €500; €20,000 to €49,999: €1,000; €50,000 to €99,999: €2,000; €100,000 and over: €5,000. Payment details. In the context of LIVE sales, if you are the successful bidder online via a live bid or by means of a secret purchase order, you authorise KAHN & ASSOCIES and SELAS DAVID KAHN, if they so wish, to use your credit card imprint to proceed with the payment, in part or in full, of your purchases including the usual costs payable by the buyer for an amount of up to €1,200. Above this amount, you will receive a 3DS payment link by e-mail. As part of the Chrono service, you will receive a 3DS payment link by e-mail to pay or clear your consignment note up to a maximum of €10,000. Platform service fees www.interencheres.com - For voluntary sales, in the "Art, Decoration & Collectables" and "Household Goods" categories, 3% exclusive of tax of the hammer price (i.e. +3.60% inclusive of tax). - For judicial sales in the "Art, Decoration & Collection" and "Capital Goods" categories: 1% of the hammer price excluding VAT (i.e. +1.20% including VAT) - For voluntary and judicial sales of Vehicles, a surcharge of EUR 40 excluding VAT per vehicle (i.e. +EUR 48 including VAT per vehicle).
For charity auctions, no service charge KAHN & ASSOCIES and SELAS DAVID KAHN cannot guarantee the efficiency of these auction methods and cannot be held responsible for any problem connecting to the service, for whatever reason. In the event of a simultaneous or final LIVE bid of an equal amount, it is possible that the online bid will not be taken into account if the indoor bid was earlier. In any event, the auctioneer will be the sole judge of the winning bid and the adjudication on his minutes.
Translation.
The translation of the description of goods offered for sale via www.interencheres.com is carried out automatically for information purposes only. KAHN & ASSOCIES and SELAS DAVID KAHN cannot be held responsible for it. Only the original version of the description of a property offered for sale will be deemed authentic.
PRE-EMPTION BY THE FRENCH STATE. The French State has a right of pre-emption in respect of works sold in accordance with current legislation. This right is exercised immediately after the hammer has struck, with the representative of the State expressing the latter's wish to take the place of the last bidder, and must confirm the pre-emption within 15 days. A right of pre-emption may be exercised in fully dematerialised sales. KAHN & ASSOCIÉS cannot be held responsible for the conditions of pre-emption by the French State.
AYMENT
As the sale will be conducted in euros, payment for the items and any applicable taxes will be made in the same currency. Payment must be made immediately after the sale. The successful bidder may pay by the following means:
- By credit card on our secure website in the payment tab: www.kahnetassocies.com - By credit card at the office: VISA and MASTERCARD.
- By certified cheque in euros, with proof of identity (up to 500 euros). The prizes will be delivered once the cheque has cleared (allow between 3 weeks and one month).
- By bank transfer in euros: RIB on each slip.
- In cash: - up to €1,000 including tax and charges for French nationals and professionals. - up to 15,000 euros including tax for foreign nationals and non-professionals on presentation of their tax address.
VAT exemption: KAHN & ASSOCIES will only issue VAT-exempt slips for intra-Community dispatch or export when the legal conditions for exemption are met.
NON-PAYMENT
After 30 days of non-payment, which have been the subject of multiple reminders without response, 30 euros including VAT will be deducted for administration costs.
Auction access restrictions file
INFORMATION NOTICE
KAHN & ASSOCIES and/or SELAS DAVID KAHN is a subscriber to the TEMIS Service, which enables consultation of the File of Restrictions on Access to Auctions ("TEMIS File") implemented by Commissaires-Priseurs Multimédia (CPM), a public limited company with a Management Board, having its registered office at 37 rue de Châteaudun, 75009 Paris, registered in the Paris Trade and Companies Register under number 437 868 425.
Any auction slip which remains unpaid to KAHN & ASSOCIES and/or SELAS DAVID KAHN or which is the subject of a delay in payment may be registered in the TEMIS file.
The TEMIS File records payment incidents (late payments and non-payments), regardless of the bidder's mode of participation (face-to-face or remote) and can be consulted by all auction sales structures operating in France and subscribing to the service.
Bidders are informed that if they fail to pay their bid within the time limit indicated on the bid form, KAHN & ASSOCIES and/or SELAS DAVID KAHN may initiate a registration procedure in the said file.
The implementation of the TEMIS File and its use by KAHN & ASSOCIES and/or SELAS DAVID KAHN is necessary for the purposes of the legitimate interest of TEMIS Service subscribers in preventing non-payment and thus securing auction sales.
(2) Organisations authorised to consult the TEMIS File (recipients)
The TEMIS Register may be consulted by any subscribing sales structure (professionals and companies authorised to conduct sales of movable property by public auction in accordance with the applicable regulations and in particular the provisions of Title II "Auction Sales" of Book III of the French Commercial Code (hereinafter the "Subscribing Professionals")) wishing to protect themselves against unpaid bills and thus secure participation in the auctions they organise. The list of TEMIS subscribers can be consulted on the www.interencheres.com website, in the "Buy at auction" menu, under the "Auctioneers" heading.
(3) Consequences of registration in the TEMIS File
If a bidder is registered in the TEMIS file, KAHN & ASSOCIES and/or SELAS DAVID KAHN may make access to the auctions it organises conditional upon the use of specific means of payment or guarantees or temporarily refuse the participation of bidders in auctions for which these guarantees cannot be implemented.
Inclusion in the TEMIS file may result in limiting the bidder's ability to bid on auctions held by professionals subscribing to the TEMIS service. It shall also result in the temporary suspension of access to the "live" service of the www.interencheres.com platform managed by CPM, in accordance with the general terms and conditions of use of this platform.
(4) Registration period
Bidders are hereby informed that the duration of their registration on the TEMIS Register shall be determined by the number of auction slips remaining unpaid with the Professional Subscribers to the TEMIS Register, by their cumulative amounts and by whether or not they have been regularised. The period of registration in the TEMIS Register is reduced if the Bidder regularises all the Payment Incidents. It shall be increased if the Bidder is concerned by several unpaid dockets registered in the TEMIS File.
The registration of an auction slip as an Incident of Payment is automatically deleted after a maximum period of 24 months when the Bidder is the subject of only one registration, and 36 months when the Bidder is the subject of several registrations.
(5) Responsibilities
For the application of legislation on the protection of personal data, CPM and KAHN & ASSOCIES and/or SELAS DAVID KAHN are both data controllers.
CPM is responsible for the implementation of the TEMIS File, which includes in particular the collection of data from subscribers, the pooling and dissemination of personal data collected therein, as well as the security of the information system hosting the TEMIS File.
KAHN & ASSOCIES and/or SELAS DAVID KAHN, 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 to CPM with a view to registration in the TEMIS File, verification of the accuracy and updating of the data, consultation and re-use of the information in the TEMIS File.
(6) Individual rights
Bidders wishing to know whether they are registered in the Register or to contest their registration may send their requests in writing, proving their identity by producing a copy of an identity document:
- For entries made by KAHN & ASSOCIES and/or SELAS DAVID KAHN: in writing to : KAHN & ASSOCIES and/or SELAS DAVID KAHN 26, rue Jouffroy d'Abbans 75017 PARIS : 01.47.70.82.66 or on contact@kahnetassocies.com
- For registrations made by other Professional Subscribers: in writing to Commissaires-Priseurs Multimédia 37, rue de Châteaudun, 75009 Paris, or by e-mail contact@temis.auction.
Any request for the exercise of the rights of deletion, limitation, opposition that the Bidder has in application of the legislation on the protection of personal data, as well as any other challenge to a registration must be addressed to the Professional who created the registration, who will request an update from CPM. In the event of difficulties, the bidder has the right to refer the matter to CPM, providing any details and supporting documents so that CPM can investigate the claim.
The bidder also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL) [3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07, www.cnil.fr] concerning his/her registration in the TEMIS File.
To find out more about the TEMIS File, bidders are invited to consult CPM's privacy policy, which can be accessed at www.temis.auction.
(7) Contact details of the Bidder
Important notifications relating to the outcome of the auction will be sent to the e-mail address and/or postal address declared by the bidder to the structure at the time of the auction. The bidder must inform KAHN & ASSOCIES and/or SELAS DAVID KAHN of any change of contact details.
WITHDRAWAL OF PURCHASES - For lots returned to SVV KAHN & ASSOCIÉS, transport costs will be charged to the buyer. Lots returned to the auction house may be collected by appointment and may be stored free of charge for one month after the sale. After this period, storage charges will be invoiced as follows
3 per day and per item. Shipping is the responsibility of the buyer. A list of carriers can be sent to you on request.
During catalogued sales: Drouot fee-paying shop.
Contact: 01 48 00 20 18 or 01 48 00 20 56 or magasinage@drouot.com
For traditional sales: PARIS EST ENCHERES shop 19 avenue Robert Schumann 93330 NEUILLY SUR MARNE. The first 5 working days are free. Contact: 01.43.00.97.84 or paris.est.encheres@gmail.com
During LIVE sales: Lots can be found either at the premises of KAHN et ASSOCIES or at the PARIS EST ENCHERES warehouse, 19, avenue Robert Schumann 93330 NEUILLY SUR MARNE. The first 5 working days are free of charge. Contact: 01.43.00.97.84 or paris.est.encheres@gmail.com
INSURANCE (pick-up location information available in the "sale information" section)
- As soon as the auction has been announced, the objects awarded are placed under the sole responsibility of the buyer. It is the buyer's responsibility to insure the lots as soon as they are sold. Goods not collected will be stored at the buyer's expense and risk. KAHN & ASSOCIÉS will not be bound by any guarantee concerning these deposits. For further information, please call 01.47.70.82.66.
RGPD REGULATIONS
KAHN & ASSOCIES and/or SELAS DAVID KAHN uses the TEMIS platform operated by the company Commissaires-Priseurs Multimédia, to manage the recovery of unpaid Bills of Sale. Within this framework, in the event of late payment, personal data relating to the bidders or their representatives (in particular the identity and contact details of the bidders, information relating to the sale, Bills of Sale) may be communicated to CPM for the purposes of out-of-court debt collection management. CPM acts as a processor within the meaning of the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016)."
As part of our auction activities, our auction house collects personal data concerning the seller and the buyer. The latter therefore have the right to access, rectify and object to their personal data by contacting our auction house directly. Our OVV may use this personal data to meet its legal obligations and, unless the persons concerned object, for the purposes of carrying out its business (in particular, sales and marketing operations). This data may also be communicated to the competent authorities where required by law.
APPLICABLE LAW
These general terms and conditions of sale and the public auctions they govern are governed by French law. Any dispute relating to their existence, validity, interpretation or performance shall be submitted to the competent courts.
AUDITOR & JUSTICE OFFICER: Maître David KAHN