PASSION PEINTURE # 15

Tableaux anciens et modernes, Ecole régionale

Exposition : Lundi 29 septembre de 10h00 à 12h00 et de14h00 à 18h00

Mardi 30 septembre de 9h00 à 11h30

Terms of Sale

GENERAL TERMS AND CONDITIONS OF PURCHASE AND SALE

Updated on 20/06/2025

Presentation of Artenchères

Artenchères is a voluntary public auction operator for furniture, governed by Law No. 2000-642 of July 10, 2000, as amended by Laws No. 2011-850 of July 20, 2011, and No. 2022-267 of February 28, 2022; codified in Articles L.321-1 and following of the French Commercial Code. As such, Artenchères acts as the seller’s agent and enters into contracts with the buyer.

Acceptance of the General Terms and Conditions of Sale

The relationship between Artenchères and the buyer is subject to these General Terms and Conditions of Purchase, which may be amended by written or oral notices that will be recorded in the sale report. Participation in the sale and/or the signing of a sale mandate implies acceptance of these general terms and conditions.

1 – PRIOR TO THE SALE

The seller guarantees to Artenchères and to the buyer that they are the undisputed owner, or are duly authorized by the undisputed owner, of the goods offered for sale. These goods are free of any claims, disputes, seizure, reservations, or pledges, and the seller can validly transfer ownership. The goods comply with French customs regulations.

The seller will indemnify Artenchères, its affiliates, and the buyer against any damage or loss resulting from the inaccuracy of any of these guarantees or the failure to fulfill any obligations.

Artenchères reserves the right to deny access to the sale to any bidder for legitimate reasons, notably (but not limited to) the bidder's registration in the Temis file.

Regarding Estimates and Goods for Sale

Estimates provided for items are strictly indicative and cannot be considered as a guarantee that the item will sell at the estimated price or within the estimated range. They do not constitute a warranty. Furthermore, provenance information is based on the seller’s data and does not engage Artenchères’ liability.

The estimated sale price is indicated next to each lot in the catalog and does not include buyer’s fees or any applicable VAT.

Estimates may be shown in multiple currencies; conversions may be rounded differently than legal rounding practices.

Potential buyers are invited to inspect items before the auction, especially during the exhibition. Artenchères may organize exhibitions for upcoming sales, as detailed in the catalog or sale materials.

Condition reports are available upon request. Lots are sold as is.

Any mention by Artenchères of restoration, damage, or defects is intended to aid inspection and is subject to personal judgment or that of an expert. Dimensions and weights are given for reference only.

The absence of mention regarding restoration or defects in the catalog, reports, labels, or verbally does not imply that the item is free from any defect (past, present, or repaired). Likewise, the mention of a defect does not imply the absence of others.

No guarantee is made regarding the functionality of items, whether mechanical or electrical.

Watches and clock items may contain non-original parts. Artenchères does not guarantee their functionality.

The condition and nature of painting frames are not guaranteed either.

Photographic reproductions may not fully reflect the true condition of a lot, especially due to lighting or color variations. Dimensions are indicative with a reasonable margin of error (less than 10%).

Reminder of Legal Definitions

Decree No. 81-255 of March 3, 1981 concerning fraud suppression in art and collectibles transactions:

"Attributed to": the work was made during the artist's lifetime and there are strong indications—but no certainty—that the artist is the author.

"Circle of": the painting is the work of an artist from the same period, strongly influenced by the named artist.

"Studio of": produced in the artist's studio by pupils under their supervision.

"In the manner of," "style of," "genre of," "after," "way of": these terms carry no specific guarantee of authorship, date, or school.

2 – SALE AND ORGANIZATION OF PUBLIC AUCTIONS

The standard method for bidding is to be physically present at the auction. For remote bidders, Artenchères offers live services via platforms such as Interencheres or DrouotLive.

Online absentee bids, email/postal bids, and phone bids are provided as a courtesy.

Artenchères, its staff, and employees assume no responsibility for errors or omissions in processing these bids or for failing to execute them.

Artenchères determines the bidding increments and bidders must comply.

Pre-registration

Prospective buyers are invited to register with Artenchères no later than the day before the sale by providing personal identification and a bank account statement (RIB) specifying banking details. Artenchères may also request a bank guarantee letter or a deposit.

Requests must be submitted using the appropriate form (at the end of the catalog or on the website) and must include the necessary supporting documents.

Online Bidding

For live online bidding, prior registration is required on the respective platforms:

https://

https://drouot.com/fr

Any online bid is considered a binding and irrevocable purchase commitment. Platform-specific buyer fees may apply; please inquire with the respective platform.

Secret absentee bids can be submitted via Interencheres. Pre-registration is required. Artenchères does not have access to your maximum bid, and bids are placed automatically and incrementally within the limit set.

To bid online (live or via secret absentee bids), you must register and provide a credit card imprint (bank details are not shared in clear text). By registering, you authorize the platform to share your registration and card imprint with Artenchères / CPJ. They may request additional information prior to final registration.

All online bids are binding and irrevocable. Artenchères / CPJ do not know the maximum of your secret absentee bids on Interencheres. Your bids are placed automatically based on the real-time bidding situation and within your pre-set limit.

The execution of the order adjusts to the heat of the bidding based on the ongoing bids

Bidding progresses in the following steps:

Up to €19: €5

€20 to €199: €10

€200 to €499: €50

€500 to €999: €100

€1,000 to €4,999: €200

€5,000 to €9,999: €500

€10,000 to €19,999: €1,000

€20,000 to €49,999: €2,000

€50,000 to €99,999: €5,000

€100,000 and above: €10,000

If you are the successful bidder online via a live auction bid or through a confidential absentee bid, you authorize Artenchères / CPJ, at their discretion, to use your credit card imprint to proceed with the full or partial payment of your purchases, including the usual buyer's fees.

These fees are increased as follows:

• For voluntary lots in the furniture, fine art, and professional equipment categories: a surcharge of 3% excl. VAT on the hammer price (i.e., +3.60% incl. VAT).

• For voluntary vehicle lots: a surcharge of €35 excl. VAT per vehicle (i.e., €42 incl. VAT per vehicle).

• For judicial sales: no surcharge on the usual fees.

• For charity sales: no surcharge on the usual fees.

Artenchères / CPJ cannot guarantee the reliability of these online bidding methods and shall not be held responsible for any connection issue with the service, regardless of the cause.

In case of simultaneous or final bids of the same amount, the online bid may not be taken into account if the in-room bid was earlier. In any case, the auctioneer will be the sole judge of the winning bid and the adjudication, as recorded in their official report.

Complimentary Services

Artenchères may, as a courtesy, accept absentee bids or telephone bids from prospective buyers who have expressed interest prior to the sale.

Regarding absentee bids, the reserve price is the minimum confidential price agreed with the seller below which the item will not be sold. Unlimited bids or “buy at any price” offers are not accepted; bidders must provide a maximum bid amount for the lot(s) they are interested in. If an item has no reserve price, Artenchères cannot be held liable to the seller should the item be sold below the low estimate published in the catalog.

If multiple absentee bids are received for the same amount, the oldest bid will be given priority.

Storage Pricing Grid

Object Size Price per Day per Item

Very small (jewelry, small display items) €1

Small (paintings under 1x1m, small/light lots) €5

Medium (paintings between 1m and <2m, medium-sized/heavy lots <10kg) €10

Large (paintings/mirrors over 2m, large or very heavy lots >10kg) €15

Bulky (furniture-type lots or sets of multiple objects) €20

Artenchères does not provide packaging or shipping. All formalities and transportation are the sole responsibility of the buyer.

Buyers who choose to have their purchases shipped by a transport company agree to that provider's general terms and waive any liability on the part of Artenchères.

The export of any item from France and import into another country may require authorization (export certificates, customs clearances). It is the buyer's responsibility to verify and obtain any required permissions.

5 – PAYMENT INCIDENTS – AUCTION ACCESS RESTRICTION FILE (TEMIS)

Artenchères uses the TEMIS platform operated by Commissaires-Priseurs Multimédia (CPM) to manage the collection of unpaid invoices. In this context, in case of payment delay, personal data of bidders or their representatives (including identity and contact details, sale-related information, invoices) may be shared with CPM for the purpose of amicable debt collection. CPM acts as a data processor within the meaning of the General Data Protection Regulation (EU Regulation 2016/679 of April 27, 2016).

Artenchères subscribes to the TEMIS service, which enables consultation and contribution to the Auction Access Restriction File (“TEMIS File”) managed by CPM, a joint-stock company headquartered at 37 rue de Châteaudun, 75009 Paris, registered with the Paris Trade Register under number 437 868 425.

Any unpaid or late-paid auction invoice from Artenchères may be recorded in the TEMIS File.

1. Purpose and Legal Basis of the TEMIS File

The TEMIS File lists payment incidents (delays and defaults) related to auction invoices, regardless of the bidding method (in-person or remote). It is accessible by all auction houses in France that subscribe to the service. Bidders are informed that if their invoice is not settled within the deadline, Artenchères may initiate a registration procedure. The use of the TEMIS File by Artenchères is based on its legitimate interest in preventing payment defaults and securing auction sales.

2. Authorized Users (Recipients)

The TEMIS File can be consulted by all subscriber professionals (authorized individuals and companies conducting public auctions in accordance with French commercial law, Book III, Title II). The list of TEMIS subscribers is available on under "Buy at Auction" → "Auctioneers".

3. Consequences of Registration

If a bidder is listed in the TEMIS File, Artenchères may condition future auction participation on specific payment methods or guarantees, or may temporarily deny participation if such guarantees are not feasible. Registration may limit the bidder’s ability to participate in auctions organized by TEMIS subscribers and result in temporary suspension from the “live” service on , in accordance with that platform’s terms of use.

4. Duration of Registration

The registration duration depends on the number of unpaid invoices, their total amount, and whether or not they have been settled. The duration is shortened if all incidents are resolved. It is extended if the bidder is listed for multiple unpaid invoices. A single unpaid invoice entry is automatically deleted after a maximum of 24 months; multiple entries remain for up to 36 months.

5. Responsibilities

Under data protection law, both CPM and Artenchères are data controllers. CPM is responsible for maintaining the TEMIS File, collecting and disseminating the data, and securing the IT system. Artenchères, as a subscriber, is responsible for its use of the TEMIS File, including data submission, accuracy verification, consultation, and reuse.

6. Data Subject Rights

Bidders wishing to check whether they are listed in the TEMIS File or to contest their registration may send a written request, including proof of identity, to:

– For entries made by Artenchères:

Artenchères, 2 and 4 rue Saint Firmin, 69008 Lyon, France

or by email: contact@artencheres.fr

– For entries made by other subscribers:

Commissaires-Priseurs Multimédia, 37 rue de Châteaudun, 75009 Paris, France

or by email: contact@temis.auction

Any request to exercise rights (erasure, restriction, objection) under data protection law must be addressed to the professional responsible for the entry. They will request CPM to update the data accordingly. If needed, the bidder can contact CPM directly with supporting documents. The bidder also has the right to file a complaint with the CNIL [3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, https://cnil.fr].

More information is available in CPM’s privacy policy on https://temis.auction.

7. Bidder Contact Details

Important notifications regarding the auction outcome will be sent to the email and/or postal address provided by the bidder at the time of adjudication. The bidder must inform Artenchères of any changes to their contact details.

6 – RIGHT OF PREEMPTION BY THE FRENCH STATE

The French State has a right of preemption over artworks sold in accordance with applicable legislation. This right is exercised immediately after the fall of the hammer, with the State’s representative expressing the State’s intention to substitute itself for the final bidder. The preemption must be confirmed within 15 days. Artenchères cannot be held responsible for the conditions under which the French State exercises its right of preemption.

7 – INDEPENDENCE OF PROVISIONS

The provisions of these general terms and conditions of purchase are independent from one another. The invalidity of any provision shall not affect the enforceability of the others.

8 – GOVERNING LAW AND JURISDICTION

These general terms and conditions of purchase are governed solely by French law. Any dispute regarding their existence, validity, enforceability against any bidder or purchaser, or their execution shall be subject to the exclusive jurisdiction of the competent courts within the jurisdiction of Lyon, France.

9 – STATUTE OF LIMITATIONS

In accordance with Article L.321-17 of the French Commercial Code, no legal action may be brought against Artenchères after a period of five years from the date of the auction, provided that such limitation period has been stated in the auction’s pre-sale notice as required by Article L.321-11 of the Commercial Code.

In this regard, the French Court of Cassation has stated:

“(…) WHEREAS according to Article L.321-17, paragraph 3, of the Commercial Code, the statute of limitations for civil liability actions arising from public auctions is five years from the date of the auction or appraisal; this derogatory period is enforceable against bidders only if mentioned in the pre-sale publicity required under Article L.321-11 of the Commercial Code (…)” (Civ. 1st, Oct. 21, 2020, no. 19-15.415).

10 – REPRODUCTION OF WORKS

The seller expressly grants Artenchères the right to photograph and reproduce any item consigned for sale, and to use these photographs and reproductions, including those provided by the seller. The seller is responsible for covering any applicable reproduction rights that may be due and paid by Artenchères.

11 – PERSONAL DATA

The personal data collected consist solely of the information you provide to Artenchères when:

• You consign an item for sale

• You register to bid at one of our auctions, either in-person or online

• You request to receive our newsletters or auction catalogues

The necessary information is retained for the duration of our business relationship and in accordance with applicable legal requirements. Any digital data will be destroyed once its archiving period has expired.

Bidders have the right to access, delete, rectify, limit, or object to the processing of their personal data, and also have a right to data portability. Moreover, if we no longer have a legitimate need to use your personal data, we will delete it or securely store it until deletion is possible.

In accordance with the conditions set out in Regulation (EU) 2016/679 (GDPR) and Law no. 2018-493 of June 20, 2018, on the protection of personal data, anyone registered with Artenchères has the right to access and correct their personal data.

You may, at any time, request to stop receiving our auction announcements and upcoming event notifications by sending an email to: contact@artencheres.fr