CONDITIONS OF PURCHASE IN VOLUNTARY AUCTIONS SALES
1 – Goods for auction
DIGARD AUCTION is an operator of voluntary auction sales regulated by
the law articles L312-4 and following of the Code de Commerce. Insuch
capacity, DIGARD AUCTION acts as the agent of the seller who contracts
with the buyer. The relationships between DIGARD AUCTION and the
buyer are subject to the present general conditions of purchase which
can be modified by saleroom notices or oral indications before the sale,
which will be recorded in the official sale record.
2 – The sale
- Description of the lots (including characteristics such as dimensions,
colors) resulting from the catalogue, the reports, the labels and the
verbal statements or announcements are only the expression by
DIGARD AUCTION of its perception of the lot, but cannot constitute
the proof of a fact. Photos are not contractual.
- The auction house reserves the right to make changes or add
additional information to lot descriptions. They will be announced
during presale exhibitions, at the time of written bid registration
- The statements made by DIGARD AUCTION about any restoration,
mishap or harm arisen concerning the lot are only made to facilitate
the inspection thereof by the prospective buyer and remainsubject
to his own or to his expert’s appreciation. The absence of
statements DIGARD AUCTIONby relating to a restoration, mishap or
harm, whether made in the catalogue, condition reports, on labels
or orally, does not imply that the item is exempt from any current,
past or repaired defect. Inversely, the indication of any defect
whatsoever does not imply the absence of any other defects.
- Lots will be sold as is. No condition report will be prepared.
Estimates are provided for guidance only and cannot be considered
as implying the certainty that the item will be sold for the estimated
price or even within the bracket of estimates.
- Estimates cannot constitute any warranty assurance whatsoever.
- The estimations cab e provided inseveral currencies ; the
conversions may, in this case or, be rounded off differently than
the legal rounding.
3 – The performance of the sale
- In order to assure the proper organisation of the sales, prospective
buyers are invited to make themselves known to DIGARD AUCTION
before the sale, so as to have their personal identity data recorded.
DIGARD AUCTION reserves the right to ask any prospective buyer to
justify his identity as well as his bank references and to request a
- DIGARD AUCTION reserves the right to refuse admission to the
auction sales premises to any prospective buyer for legitimate
- Any person who is a bidder undertakes to pay personally and
immediately the hammer price increased by the costs to be born by
the buyer and any all taxes or fees / expenses which could be due.
Any bidder is deemed acting on his own behalf except when the prior
notification, accepted by DIGARD AUCTION, is given that he acts as
an agent on behalf of a third party.
- The usual way to bid consists in attending the sale on the premises.
However DIGARD AUCTION may graciously accept ta receive some
bids by telephone from a prospective buyer who has expressed
such a request before the sale. DIGARD AUCTION will bear no
liability / responsability whatsoever, notably if the telephone
contact is not made, or if it is made too late, or in case of mistakes
or omissions relating to the reception of the telephone. For variety
of purposes, DIGARD AUCTION reserves its right to record all the
telephone communications during the auction. Such record shall be
kept until the complete payment of the auction price, except claims.
DIGARD AUCTION may accept to execute orders to bid which will
have been submitted before the sale and which have been deemed
acceptable by DIGARD AUCTION DIGARD AUCTION is entitled te
request a deposit which will be refunded within 48hours after the
sale if the lot is not sold to this buyer.
- Should DIGARD AUCTION receive several instructions to bid for
the same amounts, it is the instruction to bid first received
which will be given preference. DIGARD AUCTION will bear no
liability / responsability in case of mistakes or omission of
performance of the written order.
- In the event where a reserve price has been stipulated by the seller,
DIGARD AUCTION reserves the right to bid on behalf of the seller until the
reserve price is reached. The seller will not be admitted to bid himself
directly or through an agent. The reserve price may not be higher than
the low estimate for the lot printed in or publicly modified before the sale.
- DIGARD AUCTION will conduct auction sales at its discretion,
ensuring freedom auction and equality among all bidders, in
accordance with established practices.
- DIGARD AUCTION reserves the right to refuse any bid, to organise
the bidding insuch manner as may be the most appropriate, to move
some lots in the course of the sale, to combine or to devide some
lots in the course of the sale.
- In case of challenge or dispute, DIGARD AUCTION reserves the right
to designate the successful bidder, to continue the bidding or to
cancel it, or to put the lot back up for bidding.
- Subject to the decision of the person conducting the bidding for
DIGARD AUCTION, the successful bidder will be the bidder who will
have made the highest bid provided the final is equal to or higher
than the reserve price if such a reserve price has been stipulated.
- The hammer stroke will mark the acceptance of the highest bid
and the pronouncing of the word « adjugé » or any equivalent will
amount to the conclusion of the purchase contract between the
seller and the last bidder taken in consideration.
- No lot will be delivered to the buyer until full payment has been made.
In case of payment by an ordinary draft / check, payment will be
deemed made only when the check will have been cashed.
- So as to facilitate the price calculation for prospective buyers, a
currency converter may be operated by DIGARD AUCTION as guidance.
Nevertheless, the bidding cannot be made in foreign currency and
DIGARD AUCTION will not be liable for errors of conversion.
Symbol used in the catalog : *. In addition to the regular
Buyer’s premium, a commission of 7 % of the hammer price
will be charged to the buyer. It will be refunded to the buyer
upon proof of export of the lot outside the European Union
within the legal time limit.
4 – The incidents of the sale
- The taxes (VAT on commissions and VAT on importation) can be
retroceded to the purchaser on presentation of written proof of
exportation outside the EEC.
An EEC purchaser who will submit his intracommunity VAT number
will be exempted from paying the VAT on commisssions.
The payment of the lot will be made cash, for the whole of the price,
costs and taxes, even when an export licence is required.
The purchaser will be authorized to pay by the following means :
in cash : up to 1 000 euros, costs and taxes included, for French
citizens, up to 15 000 euros, costs and taxes included, for foreign
citizens on presentation of their identity papers ;
- By credit card : VISA, MASTERCARD
- By cheque or bank transfer :
in case of payment by cheque drawn on a foreign bank, a
supplement of 16€ will be asked.
- The payment must be effective immediately. In case of bank transfer, please find our references :
17, rue Drouot -75009 PARIS
Domiciliation : Caisse des dépôts et consignations
BIC : CDCG FR PP - Code Banque : 40031
- Code Guichet : 00001
N° Compte : 0000422510Z
- Clé Rib : 87
Identification Internationale (IBAN) :
FR64 4003 1000 0100 0042 2510 Z87
- Security Online payment : paiement.digard.com
- DIGARD AUCTION will be authorized to reproduce in the official sale
record and on the bid summary the information that the buyer will
have provided before the sale. The buyer will be responsible for any
false information given.
- Should the buyer have neglected to give his personal information
before the sale, he will have to give the necessary information as
soon as the sale of the lot has taken place. Any person having been
recorded by DIGARD AUCTION has right of access of rectification to
the nominative data provided to DIGARD AUCTION pursuant to the
provisions of Law of the 6 July 1978.
- The lot must be insured by the buyer immediately after the
purchase. The buyer will have no recourse against DIGARD AUCTION,
in the event where, due to a theft, a loss or a deterioration of his
lot after the purchase, the compensation he will receive from the
insurer of DIGARD AUCTION would prove insufficient.
- The lot will be delivered to the buyer only after the entire payment
of the price, costs and taxes. If payment is made by cheque, the lot
will be delivered after cashing, eight working days after the cheque
deposit. In the meantime DIGARD AUCTION may invoice to the
buyer the costs of storage of the lot, and if applicable the costs of
handling and transport. Should the buyer fail to pay the amount due,
and after notice to pay has been given by DIGARD AUCTION to the
buyer without success, at the seller’s request, the lot is re-offered
for sale, under the French procedure known as « procédure de folle
enchère ». If the seller does not make this request within three
months from the date of the sale, the sale will be automatically
cancelled, without prejudice to any damages owed by the defaulting
- In addition, DIGARD AUCTION reserves the right to claim against the
defaulting buyer, at its option : interest at the legal rate increased
by five points, the reimbursement of additional costs generated by
the buyer’s default
- The payment of the difference between the initial hammer price and
the price of sale after « procédure de folle enchère » if it is inferior
as well as the costs generated by the new auction. DIGARD AUCTION
also reserves the right to set off any amount DIGARD AUCTION
may owe the defaulting buyer with the amounts to be paid by the
- DIGARD AUCTION reserves the right to exclude from any future
auction, any bidder who has been a defaulting buyer or who has not
fulfilled these general conditions of purchase.
- Purchases uncollected the day of the sale may be transfered to a
storage venue at the buyer’s expense and DIGARD AUCTION will be
authorized to release them only after payment of corresponding
cost in addition to the price, costs and taxes.
In case of dispute, DIGARD AUCTION reserves the right to designate
the successful bidder, to continue the sale or to cancel it or to put
the lot up for sale.
In case two bidders have bidden vocally, by mean of gesture or by
telephone for the same amount and both claim title to the lot, after the
bidding, the lot will immediately be offered again for sale at the previous
last bid, and all those attending will be entitled to bid again.
So as to facilitate the presentation of the items during the sales, DIGARD
AUCTION will be able to use video technology. Should any error occur in
operation of such, which may lead to show an item during the bidding
which is not the one on which the bids have been made, DIGARD AUCTION
shall bear no liability / responsability whatsoever, and will have sole
discretion to decide whether or not the bidding will take place again.
5 – Pre-emption of the French state
The French state is entitled to use a right of pre-emption on works of
art, pursuant to the rules of law in force.
The use of this right comes immediately after the hammer stroke,
the representative of the French state expressing then the intention
of the State to substitute for the last bidder, provided he confirms
the pre-emption decision within fifteen days.
DIGARD AUCTION will not bear any liability / responsability for the
conditions of the pre-emption by the French state.
6 – Intellectual Property Right – Copyright
The copyright in any and all parts of the catalogue is the property
of DIGARD AUCTION
Any reproduction thereof is forbidden and will be considered as
counterfeiting to its detriment.
Furthermore, DIGARD AUCTION benefits from a legal exception
allowing them to reproduce the lots for auction sale in its catalogue,
even though the copyright protection on an item has not lapsed.
Any reproduction of DIGARD AUCTION catalogue may therefore
constitute an illegal reproduction of a work which may lead its
perpetrator to be prosecuted for counterfeiting by the holder of
copyright on the work.
The sale of a work of art does not transfer to its buyer any
reproduction or representation rights thereof.
7 – Insurances
8 – Severability
The buyer has to insure its purchase, and DIGARD AUCTION assumes
no liability for any damage items which may occur after the sale. All
transportation arrangements are the sole responsability of the buyer.
9 – Law and Jurisdiction
The clauses of these general conditions of purchase are independant
from each other. Should a clause whatsoever be found null and void,
the others shall remainvalid and applicable.
In accordance with the law, it is added that all actions in public
liability instituted on the occasion of valuation and voluntary and
court-ordered auction sales are barred at the end of five years from
the hammer price or valuation.
These Conditions of purchase are governed by French law
exclusively. Any dispute relating to their existence, their validity
and their binding effect on any bidder or buyer shall be submitted to
the exclusive jurisdiction of the Courts of France.
10 - Protection of cultural property
DIGARD AUCTION applies a policy to prevent the sale of looted or
stolen cultural property.