Batman : 1966 - 1997 - The French Collection

CONDITIONS OF SALE As part of our auction activities, our auction house could collect personal data concerning the seller and the buyer. They 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 in order to meet its legal obligations, and, unless opposed by the persons concerned, for the purposes of its activity (commercial and marketing operations). These data may also be communicated to the competent authorities. These general conditions of sale and everything pertaining to them are governed exclusively by French law. Buyers and their representatives accept that any legal action will be taken within the jurisdiction of French courts (Paris). The various provisions contained in these general conditions of sale are independent of each other. If any one of them is declared invalid, there is no effect on the validity of the others. Participating in this auction implies the agreement with all the conditions set out below by all buyers and their representatives. Payment is due immediately at the end of the sale, payable in euros. A currency conversion system may be provided during the sale. The corresponding foreign currency value provided is merely informative. DEFINITIONS AND GUARANTEES Descriptions appearing in the catalogue are provided by MILLON and the Sale Experts and are subject to corrections, notifications and declarations made at the moment the lot is presented and noted in the record of the sale. Dimensions, colours in reproductions and information on the condition of an object are given for information purposes only. All information relating to incidents, accidents, restoration and conservation measures relating to a lot is given to facilitate inspection by the potential buyer and remains completely open to their interpretation. This means that all lots are sold as seen at the moment the hammer falls, including the possible faults and imperfections. An exhibition before the sale is made providing the potential buyers the opportunity to examine the presented lots. Therefore, no claims will be accepted after the hammer has fallen. For lots appearing in the sale catalogue which the lower estimated price is over 2,000 euros, a condition report of the preservation status will be issued free of charge upon request. The information contained at this rapport is merely informative and MILLON and the Sale Experts can in no way be held liable for it. In the case of a dispute at the sale, i.e. two or more buyers have simultaneously made an identical bid for the same lot, either aloud or by signal, and both claim the lot at the same time when the hammer falls, the lot will be re-submitted for auction at the price offered by the bidders and everyone at the room will be permitted to bid once again. - According to article L321-17 of the French Commercial Code, the statute of limitations of any civil liability actions brought in connection with voluntary sales are limited to five years from the date of the auction. - Only French law is applicable to this sale. Only the French courts are competent to hear any dispute relating to this sale. The lots marked with ° include elements of elephant ivory and its sale is possible because the ivory is dated prior to 3/3/1947. The buyer who wishes to export the object outside the EU will have to obtain from the DRIEE an export permit on their own. This is the buyer?s responsibility. TELEPHONE BIDDING The telephone bids are a free service provided by MILLON. In this regard, our company accepts no liability for a break in the telephone connection, a failure to connect or a delayed connection. Although MILLON accepts telephone bidding requests until the end of the pre-sale exhibition, it cannot be held liable for mistakes or omissions related to telephone bidding orders. We inform our customers that telephone conversations during telephone auctions at the Hotel Drouot are likely to be recorded. Irrevocable bid : A party can provide Millon with an irrevocable bid, which is a definitive, firm, irrevocable and unconditioned instruction to execute this party?s bid during the auction up to a provided amount, regardless of the existence of other bids. The irrevocable bidder, who may bid in excess of the irrevocable bid, will be compensated based on the final hammer price in the event he or she is not the successful bidder. If the irrevocable bid is not secured until after the printing of the auction catalogue, a pre-sale or pre-lot announcement will be made indicating that there is an irrevocable bid on the lot, on other cases i twill be indicated in the catalogue entry of the lot. If the irrevocable bidder is advising anyone with respect to the lot, Sotheby?s requires the irrevocable bidder to disclose his or her financial interest in the lot. If an agent is advising you or bidding on your behalf with respect to a lot identified as being subject to an irrevocable bid, you should request that the agent disclose whether or not he or she has a financial interest in the lot (cv.Art 313-6 French Penal Code). Any person who is about to bid on the work and who has a direct or indirect, permanent or occasional community of interest with the irrevocable bidder, and who would enter into a financial agreement that could hinder the auction, would be exposed to penal sanctions as stated in Art.313-6 of the French Penal Code : "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° The fact, in a public auction, of hindering or disturbing the freedom of bids or tenders, by violence, assault or threats; 2° Proceeding or participating, after a public auction, in a re-auction without the assistance of the competent ministerial officer or sworn goods broker or of a declared operator of voluntary sales of furniture by public auction. Attempts to commit the offences provided for in this article shall be punishable by the same penalties?. CAUTION MILLON reserves the right to ask for a deposit from bidders at the time of registration. This deposit will be automatically deducted in the absence of payment by the winning bidder within 15 days after the sale (invoice date). LIVE BIDDING BY ELECTRONIC PLATFORMS: Millon cannot be held responsible for the interruption or any other malfunction of any Live service during the sale that could inhibit a buyer from bidding via any electronic platform offering the Live service. The interruption of a Live auction service during the sale is not necessarily justification for the auctioneer to stop the auction. BIDDING LEVELS Bidding increments are left to the discretion of the auctioneer in charge of the sale. If the amount of the bids proposed - either physically, by telephone, by firm purchase order, live or by "secret order" deposited on partner relay platforms - is deemed insufficient, inconsistent with the amount of the previous bid or likely to disrupt the proper conduct, fairness and pace of the sale, the auctioneer may decide not to take them into account. FEES FOR THE BUYER Expenses for which the buyer is responsible the buyer will pay MILLON, in addition to the sale price or hammer price, a commission of: 27,5 % excl.VAT, or 33 % incl.VAT up to 1500 ? 25 % excl.VAT, or 30 % incl.VAT from 1501 to 500.000 ? 20,83 % excl.VAT, or 25 % incl.VAT from 500.001 to 1.500.000 ? 16,67 % excl.VAT beyond Current VAT rate: 20% Total price = sale price (hammer price) + sale?s commission In addition, - for lots acquired via Interencheres.com, the buyer?s fees are increased by 3% pre-tax of the auction price (see Terms and Conditions of Interencheres.com). - for the lots acquired via the Drouotonline.com platform, the buyer?s fees are increased by an additional 1.5% pre-tax of the auction price (see CGV of the Drouotlive.com platform). - for the lots acquired via Invaluable.com, the buyers?s fees are increased by 3% pre-tax of the auction price (see Terms and Conditions of Invaluable.com). COLLECTION AND WITHDRAWAL OF PURCHASES, INSURANCE, STORAGE AND TRANSPORT MILLON will only release the sold lots to the buyer after the complete bill settlement (payment of the invoice including all additional fees). It is up to the successful bidder to insure lots as soon as those are awarded, from that moment, any loss, theft, damage and/or other risks are under their entire responsability. MILLON declines all responsibility for the damage itself or for the failure of the successful bidder to cover its risks against such damage. The successful buyers are invited to collect their lots as soon as possible. No compensation will be due in particular for any damage of the frames and glasses covering the lots. The pedestals are presentation pedestals and are not an integral part of the piece. COSTS OF DELAYED WITHDRAWAL OF PURCHASES AND STORAGE COSTS FOR MILLON?S WAREHOUSE (excluding Drouot*): Millon gives you 45 days free storage after the sale. After this period, storage and transfer fees from our offices to our warehouse at 116 bd Louis Armand - 93330 Neuilly sur Marne, will be charged as it follows: - For purchase slips ? 10 lots: 5? HT per slip per day. - For purchase slips strictly over 10 lots: 10? per slip per day. Important reminder: Concerning the sales known as "Aubaines" carried out in our furniture storehouse, the free storage will not exceed 15 days. AUCTIONS IN OUR Salle VV (auctionroom located 3 rue Rossini, 75009 Paris): We inform our kind customers that furniture, carpets and voluminous objects will be transferred to our storage warehouse called "116" in Neuilly sur Marne (Cf. Storage in our Warehouse), available to buyers after full payment of the invoice. SPECIAL SHUTTLE TRANSFER: For any special shuttle transfer request of your lots between our Parisian offices or to/from our warehouse, the initial invoice will be increased as follows: - 15 ? pre-tax per small lot and not exceeding 5 objects. - 40 ? pre-tax per maximum per invoice not exceeding 5 purchases and up to 1 M3. For a higher volume of purchases, any transfer request could be carried out only after acceptance of a quote. Furniture is not included in the "shuttle transferable" lots but may be subject to a delivery quote. If the transferred lots are not claimed beyond 7 days after their registration at the office of destination, they will be sent back to our warehouse without possibility of refund and the free storage periods will restart from the day of the sale. DELIVERY OF YOUR PURCHASES IN PARIS AND ITS CLOSE SUBURBS*: - 45 ? pre-tax: paintings measuring less than 1,5 x 1,5 m, light and small size lots. - 70 ? pre-tax: paintings measuring more than 1,5 m, medium and heavy lots. For any request for a quote and handling, please send your requests to regie@millon.com Chests of drawers, cupboards and large pieces of furniture cannot be handled by our teams. *This service is only available for our Parisian sales. For lots over 10 000?, an adapted estimate will be proposed. SHIPPING: Please contact our partner carriers / To get a shipping quote, please contact the following partner: THE PACKENGERS hello@thepackengers.com No shipping or removal of the lot will be possible without the complete settlement of the total costs of storage, handling and transfers. - A personalized rate for long-term storage can be negotiated with a member of or MILLON FOR ALL INFORMATION Stéphane BOUSQUET 116, boulevard Louis Armand, 93330 Neuilly-sur-Marne 116@MILLON.com These fees do not apply to the lots deposited at the Hotel Drouot?s warehouse, which depend on the Hôtel Drouot itself (magasinage@drouot.com). SALES AND STORAGE AT THE HOTEL DROUOT For auctions taking place at the Hôtel Drouot, furniture, carpets and bulky or fragile items will be stored in the storage department of the Hôtel Drouot. Access is via 6bis rue Rossini - 75009 Paris and is open from Monday to Friday from 9am to 10am and from 1pm to 6pm. The storage service of the Hôtel Drouot is an independent service of MILON. This service is not free, and the costs are to be paid by the buyer (information : magasinage@drouot.com) TEMPORARY IMPORT Purchasers of lots marked with * must pay any duties and taxes in respect of a temporary importation in addition to sale fees and VAT (5,5 % of the hammer price, 20% for jewellery and watches, motorcars, wines and spirits and multiples). EXPORT FROM FRANCE The exportation of a lot from France may require a licence. Obtaining the relevant document is the successful bidder?s reponsability. The authorities delay or refusal to issue an export licence is not a justification for the cancellation of the sale, delayed payment or voiding of the transaction. If our company is requested by the buyer or his/her representative to make the export request, all costs incurred will be borne to the buyer. The export formalities (applications for a certificate for a cultural good, export licence) of the subjected lots are the responsibility of the purchaser and may require a delay of 2 to 3 months. EXPORT FOLLOWING THE SALE The VAT paid as part of the sale expenses or the amount paid in connection with the temporary import of the lot, may be refunded to the buyer within the legally stipulated period upon presentation of documents proving that the lot purchased has been exported. PRE-EMPTION BY THE FRENCH STATE In certain circumstances defined by the law, the French State has right of pre-emption for works sold by public auction. In this case, the French State substitutes itself for the last bidder provided that the declaration of pre-emption made by the State's representative in the auction room is confirmed within fifteen days of the sale. MILLON cannot be held responsible for the French State's pre-emption decisions. BIDDERS? LIABILITY By bidding on a lot through any of the transmission platforms proposed by MILLON, the bidders assume personal responsibility for paying the auction price of this lot, increased by the auction fees and any duties or taxes due. Bidders are deemed to act in their own name and for their own account, unless otherwise agreed prior to the sale and in writing with MILLON. Subject to the decision of the authorised auctioneer and provided that the final bid is greater than or equal to the reserve price, the last bidder shall become the purchaser, the hammer blow and the pronouncement of the word "sold" shall materialise the acceptance of the last bid and the formation of the contract of sale between the seller and the purchaser. In the event of a dispute by a third party, MILLON may hold the bidder solely responsible for the bid in question and its payment. COLLECTION OF PURCHASES, INSURANCE, WAREHOUSING AND TRANSPORT MILLON will only hand over lots sold to the buyer after cleared settlement of the total price. It is the buyer?s responsibility to insure lots immediately upon purchase from that moment the hammer falls, and he/she is the only responsible for loss, theft, damage and other risks. MILLON declines any liability for any damage or for the failure of the buyer to cover damage risks. Buyers are invited to collect their lots as soon as possible. PAYMENT OF THE TOTAL PRICE MILLON specifies and reminds that the public auction is a cash sale and that the successful bidder must immediately pay the total amount of his purchase, regardless of his wish to take his lot out of French territory (see "Leaving French territory"). Payment can be made as follows: - in cash within the limit of 1,000 euros for French residents / 15,000? for those who have their tax residence abroad (presentation of proof required); - by bank or postal check with mandatory presentation of a valid identity document (delivery will be possible only twenty days after payment. Foreign checks are not accepted); - by Visa or Master Card in our desk offices; - by online payment: https://www.millon.com/paiement-en-ligne - by bank transfer in euros to the following address: DIRECT DEBIT: NEUFLIZE OBC 3, avenue Hoche - 75008 Paris IBAN FR76 3078 8009 0002 0609 7000 469 BIC NSMBFRPPXXX For the successful bidders who bid via Interenchères.com, MILLON will collect directly on this site the total price of the auction slip within 48 hours after the end of the sale. LATE PAYMENT Beyond 30 days (from the date of your invoice), every late payment will incur the late payment penalties equal to 3 times the legal interest rate as well as a fixed indemnity for recovery costs of 40 euros. MILLON Auction House is subscribed to the TEMIS service which allows us to consult and update the File of restrictions of access to auctions ("TEMIS File") implemented by the company Commissaires-Priseurs Multimédia (CPM) S.A., with registered office at 37 rue de Châteaudun, 75009 Paris (RCS Paris 437 868 425). Any auction slip that remains unpaid to MILLON or that is overdue for payment is likely to be registered in the TEMIS file. For further information, please consult the TEMIS data protection policy: https://temis.auction/statics/politique-protection-dp-temis.pdf NON-PAYMENT In the event of non-payment, if the sale is cancelled or the object is resold upon re-bidding under the conditions of Article L321-14 of the French Commercial Code, the defaulting bidder shall pay MILLON a lump-sum indemnity corresponding to (i) the amount of the buyer's costs and (ii) ?40 in collection costs, as compensation for the loss suffered, without prejudice to additional damages due to the seller. MILLON also reserves the right to proceed to any compensation with the sums due by the defaulting purchaser or to cash the deposit checks. SHIPPING OF PURCHASES We inform our customers that MILLON does not take charge of any shipment of goods after the sales. For any shipment request, MILLON recommends using its partner carrier (THE PACKENGERS - hello@thepackengers.com) or any other carrier of the customer's choice. In any event, MILLON shall not be held liable for the shipment of the lot, its handling and storage during transport. If MILLON agrees to take care of the shipment of a good on an exceptional basis, its liability may not be called into question in the event of loss, theft or accidents, which remains the responsibility of the purchaser. Moreover, this shipment shall only be carried out upon receipt of a letter releasing MILLON from its responsibility for the fate of the item shipped, and shall be at the exclusive financial expense of the purchaser. INTELLECTUAL PROPERTY The sale of a lot does not entail the transfer of reproduction or representation rights for which it constitutes the material support, if applicable. Mentions légales