FauveParis sas is an operator of voluntary sales of furniture by public auction governed by the law # 2000-642 of July 10, 2000 modified by the law # 2011-850 of July 20, 2011. As such, FauveParis sas (FauveParis) acts as an agent acting on behalf of the sellers who contract with the buyers, i.e. FauveParis is not a party to the sale contract binding the seller and the buyer.
The general terms and conditions of sale of FauveParis set out below are accepted as a contract of adhesion by any person making a bid. FauveParis may modify them by written or oral notices before the sale.
The photographs of the lots offered for sale appearing in the catalogue and on www.fauveparis.com as well as on the platforms of FauveParis’ intermediary operators have no contractual value.
The lots are sold as is, i.e. as they are presented at the sale. Potential bidders are encouraged to check the condition of each lot and any damage or restoration it may have suffered by examining it before the sale.
FauveParis exhibitions are public and accessible to all, and the auctioneers and experts of FauveParis are available to the public for any information or advice. Condition or conservation reports can be drawn up on request. However, the absence of an indication of damage or restoration does not mean that a lot is free of defects or restoration. Similarly, the mention of defects does not imply the absence of other defects. Furthermore, the condition of the frames and the functioning of the clocks is not guaranteed. The dimensions are given as an indication.
Furthermore, FauveParis reminds you that the use of the term “attributed to” followed by an artist’s name guarantees that the work or object was executed during the period of production of the artist mentioned and that there are serious presumptions pointing to him or her as the likely author. “Entourage de” means that the painting is the work of an artist contemporary with the named painter who was strongly influenced by the work of the master. The use of the words “atelier de” followed by an artist’s name guarantees that the work was executed in the studio of the named master but by students under his or her direction. The expressions “in the taste of”, “style”, “manner of”, “genre of”, “after”, “manner of”, do not give any particular guarantee of the identity of the artist, the date of the work or the school.
The information in the catalogue is subject to change or correction up to the time of the sale. Such changes are made known to the public by an announcement made by the authorised auctioneer at the time of the sale and by appropriate display in the sales room. Such changes shall be recorded in the minutes of the sale.
Any person wishing to bid during the sale is invited to provide FauveParis with his/her identity and full contact details (address and telephone number), as well as proof of identity and a bank account in his/her name.
Lots marked with an * are sold by FauveParis or a member of the company FauveParis.
Persons wishing to bid during the sale are invited to register their personal data (surname, first name, address, capacity) with FauveParis. FauveParis will require the buyer to prove his/her identity as well as his/her bank references. A deposit may also be taken.
The bidder is deemed to be bidding on his/her own behalf. If he or she bids for another person, the bidder must indicate to FauveParis that he or she is duly mandated by a third party for whom he or she will provide an identity document and bank references. Any false indication will engage the responsibility of the successful bidder.
The sale will be made expressly in cash and will be conducted in euros. However, FauveParis can offer, as an indication, the transcription of bids in foreign currencies. FauveParis cannot be held responsible for any errors in currency conversions.
The authorised auctioneer organises the bids in the way he/she deems appropriate, the conduct of the sale follows the order of the catalogue numbering and the bidding levels are at his/her own discretion. The authorised auctioneer shall ensure that the freedom of bidding and equality between bidders is respected. However, the auctioneer has the discretionary power to refuse any bid, to withdraw a lot from the sale and to designate the winning bidder, i.e. the highest bidder and the last bidder, provided that the final bid is equal to or higher than the reserve price.
The reserve price is the confidential minimum price below which the lot will not be sold. The reserve price may not exceed the low estimate in the catalogue or as amended publicly prior to the sale and the authorised auctioneer is free to start bidding below this price and to bid on behalf of the seller. However, the seller will not bid on his own behalf or through an agent.
The sale becomes perfect when the term “awarded” is pronounced, i.e. the transfer of ownership and the transfer of risks take place at that moment. From then on, the successful bidder enters into a sales contract with the seller and is obliged to pay the price of the purchased item without any withdrawal period, whether the bids are made in person, by telephone or on the Internet.
If it is established that two or more bidders have simultaneously made an equivalent bid and claim the item at the same time after the word “adjudicated” has been pronounced, the authorised auctioneer may immediately resume and continue the auction. The public present will be allowed to bid again.
The possibility of bidding by purchase order or directly from the sale by telephone or on the Internet is a service offered by FauveParis to bidders who cannot attend the sale in person. In order to benefit from this service, FauveParis requires bidders to communicate their request in writing or online via www.fauveparis.com at least two hours before the start of the sale and to ensure that their request is taken into account by FauveParis. In any case, these services may be refused by FauveParis, if the bidder has not communicated his/her personal and bank details before the sale. Any request for a bid by telephone is equivalent to a commitment to buy at the minimum low estimate.
FauveParis proposes to execute the purchase orders according to the instructions of the absent bidder and undertakes to do its utmost to acquire the coveted lot in the best conditions. In the case of several identical purchase orders, priority will be given to the one received first.
For persons wishing to participate in the sale by telephone, FauveParis graciously accepts to receive telephone bids on the condition that the potential buyer has made himself known before the sale. FauveParis declines all responsibility in case of possible errors, of failure if the telephone connection cannot be established or of no response following an attempted call. FauveParis may record the communications and may keep them until the settlement of any possible acquisition.
The same conditions apply to persons wishing to participate in the live sale on the Internet. FauveParis offers to take bids provided that the potential buyer has registered before the sale according to the general conditions of the intermediary operator. In some cases, the taking into account of a purchase order or a bidding request by telephone or on the internet may be conditioned by a deposit.
Articles L.123-1 and L.123-2 of the French Heritage Code authorise, in certain cases, the State to exercise a right of pre-emption over works of art put up for public sale or for private sale, i.e. the State takes the place of the buyer.
The State representative present at the auction makes his/her declaration to the authorised auctioneer immediately after the hammer falls. The pre-emption decision must then be confirmed within a period of fifteen days and FauveParis cannot assume any responsibility for administrative pre-emption decisions.
In addition to the hammer price, i.e. the hammer price, the successful bidder will have to pay a fee of 25% before tax (i.e. 30% including tax and 26,375% including tax for books), plus a fee of 1.5% before tax (1.8% including tax) in the case of purchases via the Drouot Digital platform.
VAT will only be refunded after proof of export within one month of the sale.
In certain cases, mentioned by this distinctive f sign, the import tax will be deducted by FauveParis on behalf of the State (5.5% of the auction price, 20% for jewellery and watches, automobiles, wines, spirits and multiples).
The payment of the lot by the successful bidder will be made immediately for the full purchase price, i.e. the auction price, plus any expenses and taxes. This condition also applies to the successful bidder wishing to export the lot and even in case of the need to obtain an export licence.
The successful bidder may pay by the following means:
> in cash: up to €1,000 including fees and taxes for French individuals and for traders, up to €15,000 including fees and taxes for foreign nationals on presentation of their identity document
> by Visa or Mastercard
> by bank transfer with this IBAN :
FR76 3078 8001 0008 7945 3000 248
> Payments by cheque are not accepted.
> By cryptocurrency (BTC, ETH, EGLD, UTK, USDT, DASH – cryptocurrencies are virtual digital assets based on blockchain technology through a decentralized registry and encrypted computer protocol) from our website fauveparis. com and through the Utrust payment system (company ModernityParty Oü registered under number 14831182 in Harju maakond, Tallinn, Kesklinna linnaosa, Rävala pst 19-67, 10143, Estonia – https://utrust.com)
FauveParis invites the successful bidders wishing to pay by this means to check their tax obligations and is at their disposal for further information (in particular regarding the obligations related to the exit of the neutrality regime applicable to digital asset exchanges for the successful bidders who would be subject to it).
Moreover, FauveParis will ask the winners wishing to pay by this means to indicate the wallet address which will be used to pay their bill and to certify on their honour the good origin of the funds. Any suspicion will be subject to a Tracfin declaration.
The transfer of ownership as well as the transfer of risks will take place when the auctioneer pronounces the term “awarded”. FauveParis reminds the buyer that he/she will be responsible for insuring his/her acquisitions and declines all responsibility for any damage that the object may suffer or cause in the event that the successful bidder has not made any provision.
The lot will only be delivered to the successful bidder after payment in full of the purchase price. Upon presentation of the paid slip, purchases can be collected from FauveParis from Tuesday to Saturday from 11am to 7pm at 49 rue Saint-Sabin 75011 Paris.
FauveParis advises the successful bidders to withdraw their purchases quickly in order to avoid storage, handling and conservation costs which will be invoiced to them from the fifteenth day after the sale at the following rate
> 5 € excl. tax per lot and per calendar day for small items
> 10 € excl. tax per lot and per calendar day for furniture, paintings and bulky items.
If necessary, the successful bidder mandates FauveParis to make on his behalf the purchase declaration provided for in article 2bis of the order of 16 August 2016 relating to the ban on trade in elephant ivory and rhinoceros horn.
FauveParis can recommend transport companies that will take care of the packaging and transport of purchases. As the transport companies are not the agents of FauveParis, FauveParis cannot be held responsible for their acts or omissions.
The successful bidder having opted for a shipment of his purchases by a transport company adheres to the general conditions of this service provider and excludes the possibility of engaging the responsibility of FauveParis in case of prejudice suffered in the framework of this service.
If an object or lot has still not been removed by its owner after one year, Fauveparis will send a final notice to the owner to come and recover the said object or lot and to pay the related storage fees in accordance with the present general terms and conditions of sale. It is brought to your attention that: if within 8 calendar days from the date of dispatch of this formal notice, FauveParis still has no news from the owner of the said object or lot, its property will be transferred to FauveParis as a guarantee and FauveParis will grant itself the right to put it up for sale in its own name in order to recover its debt constituted by the storage costs.
The right of reproduction and presentation of the work is not transferred to the purchaser by the purchase of a work.
FauveParis is the owner of the reproduction right of its catalogues. Any reproduction of the contents, notices and articles as well as the compositions and images is prohibited and constitutes an infringement to its detriment.
In accordance with the provisions of article W. 321-17 of the French Commercial Code, the OVV’s liability action is barred after five years from the auction or the sale by public auction.
Only French law governs these general conditions of purchase. Any dispute relating to their existence, their validity, their enforceability against any bidder and buyer, and their execution will be decided by the competent court in Paris.
The provisions of these general terms and conditions of purchase are independent of each other.
The nullity of any provision shall not lead to the inapplicability of the others.
FauveParis reminds you that article 313-6 of the French Criminal Code states that “the fact, in a public auction, of excluding a bidder or limiting bids or tenders by means of gifts, promises, agreements or any other fraudulent means, is punishable by six months’ imprisonment and a fine of 22,500 euros. The same penalties shall apply to the acceptance of such gifts or promises. The same penalties shall apply to: 1. obstructing or disturbing the freedom of bidding or bids at a public auction by violence, assault or threats; 2. proceeding with or participating in a re-bidding after a public auction without the assistance of the competent ministerial officer or the competent sworn goods broker or a declared operator of voluntary sales of furniture by public auction.
FauveParis is a member of the Central Register for the prevention of unpaid invoices of auctioneers with which payment incidents may be registered. The rights of access, rectification and opposition for legitimate reasons are to be exercised by the debtor concerned at Symev 15 rue Freycinet 75016 Paris.
FauveParis reminds its clients of the existence of codes of conduct applicable to auctions, in this case the Recueil des obligations déontologiques des opérateurs de ventes volontaires of 21 February 2012. This code is available on the website of the Conseil des ventes volontaires.
Finally, FauveParis reminds its clients of the possibility of having recourse to an extrajudicial procedure for settling disputes through the possibility of referring to the Government Commissioner of the Conseil des ventes volontaires, either online or by mail with acknowledgement of receipt.
FauveParis 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 FauveParis or subject to delays in payment may be added to the TEMIS File.
(1) 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 auctioneers who subscribe to the service. Where a bidder fails to settle an auction sales invoice by the due date indicated on the
invoice, FauveParis may initiate the listing procedure.
FauveParis 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.
(2) 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.
(3) What happens if a bidder is listed on the TEMIS File
Where a bidder is added to the TEMIS File, FauveParis 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.
(4) 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 after 24 months at most where the bidder is included on one listing only, and after 36 months at most where the bidder is included on multiple listings.
In the enforcement of data protection legislation, CPM and FauveParis 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.
FauveParis, 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.
(6) 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 FauveParis: by post to FauveParis, 49 rue Saint Sabin, 75011, Paris or by email to email@example.com
– For listings added by other Professional Subscribers: by post to CPM, 37 Rue de Châteaudun, 75009, or by email to firstname.lastname@example.org.
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].
(7) 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 FauveParis.