Sales conditions - 20th-Century Art & Design
GENERAL TERMS AND CONDITIONS OF PURCHASE AND SALE
Updated on 20/06/2025
Presentation of Artenchères
Artenchères is a voluntary public auction operator governed by French 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 et seq. of the French Commercial Code. In this capacity, Artenchères acts as the seller’s agent and contracts with the buyer.
Acceptance of the General Terms and Conditions of Sale
The relationship between Artenchères and the buyer is governed by these General Terms and Conditions of Purchase, which may be amended by written or oral notices recorded in the sale minutes. Participation in the sale and/or the signing of a sales 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 duly authorized by the undisputed owner, of the property offered for sale; that such property is free from any claim, dispute, seizure, reservation, or pledge; that they are entitled to validly transfer ownership of said property; and that the property complies with French customs regulations.
The seller shall indemnify Artenchères, its affiliates, and the successful bidder against any damage or loss resulting from the inaccuracy of any of these guarantees or from failure to comply with any of its obligations.
Concerning Estimates and Property Offered for Sale
The estimates provided for the items are purely indicative and cannot be considered as guaranteeing that the property will be sold at the estimated price or even within the estimated range. Estimates do not constitute any guarantee. Furthermore, the provenance of the object depends on information provided by the seller and shall in no way engage the liability of Artenchères.
The estimated sale price appears next to each lot in the catalog and does not include buyer’s fees or any applicable VAT.
Estimates may be provided in several currencies; conversions may be rounded differently from statutory rounding rules.
Condition of Lots Offered for Sale
Physical and Live Sales with Exhibition
Potential buyers are invited to inspect the property that may interest them before the auction, particularly during exhibitions. In this respect, Artenchères may organize exhibitions for lots included in a future sale; the terms of such sale are specified in the catalog or other materials relating to the sale.
ONLINE Sales
Artenchères remains available to potential buyers to provide condition reports or additional photographs of lots. The lots offered consist of second-hand items that may show signs of use, age, or slight imperfections due to their age. Only major defects likely to significantly affect the use or value of the lot are expressly indicated in the listing.
Fastening, closing, or fixing systems (clasps, snaps, zippers, clips, buckles, etc.) may also show signs of wear or certain malfunctions resulting from prior use.
The colors and shades of products may vary slightly depending on the screens and display media used.
Information provided by Artenchères regarding restorations, accidents, or incidents affecting a lot is given to facilitate inspection by the potential buyer and remains subject to the buyer’s own assessment or that of their expert. Dimensions and weights are given for information purposes only.
The absence of any mention of restoration, accident, or incident in the catalog, reports, labels, or verbal statements does not imply that the property is free from defects, whether present, past, or repaired. Conversely, the mention of a defect does not imply the absence of any other defects.
The operation of objects or devices of any kind, as well as mechanical or electrical functioning, is not guaranteed under any circumstances.
Clocks and watches may contain non-original parts. Artenchères provides no guarantee that the watch or timepiece is in working condition.
The condition and nature of painting frames are likewise not guaranteed.
Photographic reproductions may not provide a completely accurate representation of the actual condition of a lot, particularly because colors or shadows may differ from what a direct observer would perceive. Lot dimensions are provided for information purposes only, with a reasonable margin of error (less than 10%).
Reminder of Legal Definitions
Pursuant to Decree No. 81-255 of March 3, 1981 concerning fraud prevention in transactions involving works of art and collectors’ items:
- “Attributed to”: means that the work was executed during the production period of the artist mentioned and that presumptions identify them as the probable or possible author, though without certainty.
- “Circle of”: means that the painting is the work of a contemporary artist strongly influenced by the named master.
- “Studio of”: means produced in the artist’s workshop but executed by pupils under their direction.
- “In the style of”, “manner of”, “genre of”, “after”, “way of”: provide no specific guarantee regarding the identity of the artist, date of the work, or school.
2 – SALE AND ORGANIZATION OF PUBLIC AUCTIONS
The standard method of bidding consists of attending the auction room in person. For absentee bidders, Artenchères offers Live bidding services through various platforms such as Interencheres and DrouotLive.
Online bids, purchase orders sent by email/mail, and telephone bids are provided as a complimentary service to clients.
Artenchères, its collaborators, and employees shall bear no liability in the event of error, omission, or non-execution of orders received.
Artenchères is free to determine the bidding increments and bidders must comply with them.
Prior Registration
Potential buyers are invited to identify themselves to Artenchères no later than the day before the sale in order to allow registration of their personal data. For this purpose, the buyer must provide valid identification and bank account details specifying the banking institution.
Artenchères reserves the right to request a bank reference letter or deposit.
Requests must be made using the designated form (available at the end of the catalog and on the website) and accompanied by the supporting documents mentioned above.
“Live” or “Online” Bidding
Live bidding requires prior registration on the internet platforms to which we refer users:
Any online bid shall be considered an irrevocable commitment to purchase.
Depending on the platform, buyer’s fees may be increased.
Confidential absentee bids may be submitted through the Interencheres website. Prior registration is mandatory according to the terms defined above. Artenchères does not know the maximum amount of the order placed; bids are automatically and progressively executed within the limit set by the bidder.
If you wish to bid online (live or through a confidential absentee bid), you must register and provide a bank card imprint. You agree that the relevant platform may communicate to Artenchères / CPJ all information relating to your registration and your card imprint.
Artenchères / CPJ reserve the right to request additional information before final approval for online bidding.
Bidding increments are defined according to predetermined intervals.
If you are the successful bidder online, you authorize Artenchères / CPJ, if they so wish, to use your bank card imprint for payment, in whole or in part, including buyer’s fees.
Additional fees:
- Voluntary sales of furniture, works of art, and professional equipment: additional 3% excl. VAT of the hammer price (+3.60% incl. VAT).
- Voluntary vehicle sales: additional EUR 35 excl. VAT per vehicle (+EUR 42 incl. VAT).
- Judicial sales: no additional fees.
- Charity sales: no additional fees.
Artenchères / CPJ cannot guarantee the efficiency of these bidding methods and shall not be held liable for connection issues.
In the event of simultaneous or equal bids, the auctioneer shall be the sole judge of the winning bid and final adjudication.
Complimentary Services
Artenchères may accept absentee purchase orders and telephone bids free of charge from potential buyers who have contacted the company before the sale.
Unlimited bids or “buy at any price” instructions are not accepted. The bidder must specify a maximum amount.
Telephone bids are accepted only for lots whose low estimate exceeds €200.
Requests are handled subject to available lines and in order of receipt.
Telephone conversations may be recorded to ensure proper conduct and understanding of bids.
Artenchères reserves the right to refuse requests not received by the day before the sale.
3 – CONDUCT OF THE SALE
Bidding is conducted under the direction of the auctioneer, who alone has the authority to adjudicate the lot offered for sale.
The auctioneer may refuse any bid, particularly any bid lower than 10% of the previous bid, withdraw any lot from sale, combine or separate lots.
In the event of a dispute arising during the sale or immediately after adjudication, Artenchères reserves the right to designate the successful bidder, continue or cancel the sale, or withdraw the disputed lot from sale, without liability.
Subject to the decision of the auctioneer conducting the sale for Artenchères, the successful bidder shall be the person making the highest bid provided it is equal to or greater than any reserve price.
If a reserve price has been stipulated by the seller, Artenchères reserves the right to bid on behalf of the seller until the reserve price is reached. However, the seller may not bid directly or through an agent.
The fall of the hammer marks the end of bidding, and the announcement of “Sold” or any equivalent expression forms the contract of sale between the seller and the successful bidder.
Ownership and risk are transferred immediately from the seller to the buyer.
4 – EXECUTION OF THE SALE
Payment and Sale Fees
Any person placing a bid undertakes to pay personally and immediately the hammer price plus buyer’s fees and all taxes due.
Any bidder is deemed to act on their own behalf unless prior disclosure of agency status on behalf of a third party has been accepted by Artenchères.
The sale is conducted in cash and in euros payable to Artenchères.
Payment must be made in full immediately after the sale.
Accepted payment methods:
- bank transfer
- Visa or MasterCard bank card upon presentation of valid identification
- cash within the legal limits applicable in France
- certified bank check with valid identification
Any bank charges are borne exclusively by the buyer.
Buyer’s Premiums
In addition to the hammer price, the successful bidder shall pay commissions and taxes per lot according to the following scales:
Voluntary sales of furniture and works of art:
- First €500: 28% incl. VAT
- From €501 to €149,999: 25.2% incl. VAT
- Above €150,000: 21.6% incl. VAT
Books:
The applicable VAT rate is 5.5%.
Purchases via Interencheres:
Additional platform commission of 3% excl. VAT (3.60% incl. VAT).
Purchases via Drouot:
Additional platform commission of 1.5% excl. VAT (1.8% incl. VAT).
Judicial sales:
Legal fees applicable on 01/09/2019 are 11.90% excl. VAT (14.28% incl. VAT).
The applicable VAT rate is the legal rate in force on the day of adjudication.
Non-Payment
Pursuant to Article L.321-14 of the French Commercial Code, in the event of non-payment by the successful bidder, the property may be resold at the seller’s request at the defaulting bidder’s expense.
Artenchères may claim from the defaulting bidder:
- legal interest increased by five percentage points;
- reimbursement of additional costs incurred;
- the difference between the original hammer price and the resale price if lower;
- storage and handling costs.
Artenchères reserves the right to offset any amounts owed to the defaulting bidder.
Artenchères also reserves the right to exclude from future sales any successful bidder who has failed to comply with these terms and conditions.
5 – COLLECTION OF LOTS
Important notifications concerning the outcome of the sale will be sent to the email and/or postal address provided by the bidder.
The buyer is responsible for insuring their purchases immediately upon adjudication.
No lot shall be released before full payment of all sums due.
Buyers are advised to collect their lots as soon as possible in order to avoid handling and storage fees.
Buyers are themselves responsible for arranging transportation of purchased lots.
Purchases are stored free of charge for 10 working days after the sale (excluding seasonal closure periods).
Beyond this period, storage fees apply according to the size and weight of the object, plus an administrative fee of €15 excl. VAT per sale.
If storage costs exceed