General terms and conditions of sale

Purchases must be made in cash. The buyer must pay Cannes Enchères, in addition to the “hammer price”, commission of 27% including tax (i.e., 22.50 % exclusive of VAT) for voluntary auction sale, and commission of 14.28% including tax (i.e., 11,90% exclusive of VAT) for judicial auction sale. VAT may, in certain cases, be reimbursed to the buyer against proof of exportation within legal deadlines.
Inasmuch as buyers are given the opportunity to examine works displayed prior to the sale, no claim may be made after the sale is complete. Information, including the dimensions, size and calibers set out in the catalogue, is provided for information purposes only to help the potential buyer inspect items and must be assessed personally by him. Cannes Enchères shall under no circumstances be held liable for any errors in the information provided. Photos included in the catalogue or Internet have no contractual value.  The condition of the frames is not guaranteed. Prior to the auction, buyers may obtain a condition report on items included in the catalogue. The information contained in such reports is provided free of charge and solely to serve as an indication. It shall by no means incur the liability of Cannes Enchères. If no information on restoration, an accident, retouching or any other incident is provided in the catalogue, the condition reports or labels or during a verbal announcement, this does not mean that the item is void of defects.
The highest and last bidder will be the successful bidder. Any individual who makes a bid during the sale shall be deemed to be doing so in his own name; he shall assume full responsibility for his bid even if the bid was being made for a designated third party and provide proof of his identity and address details.
As soon as an item is pronounced “sold”, it shall be placed under the sole responsibility of the buyer. Buyers may only take possession of items sold after Cannes Enchères has received full payment of the sale price and the related commission and costs.
Items sold that are not collected at the end of the sale shall be stored at the premises of Cannes Enchères, at the risk and expense of the buyer. Storage costs shall be invoiced to the buyer starting on the 15th calendar day from the date of the sale. The buyer may not take receipt of any lot until such time as he has paid all amounts due in full. Storage costs shall be borne by the buyer and Cannes Enchères shall incur no liability whatsoever in this respect. Insurance is to be covered by the buyer himself as soon as an item is pronounced “sold”. Cannes Enchères shall not be bound by any warranty vis-à-vis the seller in respect of such storage. In any case, no claim may be made after a 6 month storage period. In the event of a payment by cheque, delivery of the goods may be deferred until such time as the payment has cleared. For foreign resident, payment shall be made by cash or bank transfer in euros, and buyers may only take possession of items sold after full payment.
The import and export of goods may be subject to authorization (export certificates, customs authorizations). It is the buyer’s responsibility to check which authorizations are required.
Payments may be made by one of the following methods: 
  • Bank transfer in euros. All bank charges in France and foreigner to be borne by the remitter. In addition, buyer shall pay administrative fees: 10 € for an equal or lower amount of 1 000 €; 20 € for an equal or lower amount of 5000 €; 50 € for an equal or lower amount of 20 000 €; 80 € for an equal or lower amount of 20 000 €.
  • In cash in euros to an equal or lower amount of 3 000 € for French individual resident and for all professionals.
  • n cash in euros to an equal or lower amount of 15 000 € for foreign individual.
  • Certified banker’s draft in euros subject to the presentation of valid proof of identity. Cheques drawn on a foreign bank will not be accepted.
In the event of a dispute during the bidding process, that is, if two or more bidders simultaneously place the same bid, the said item will be re-auctioned immediately at the price offered by the bidders and all those present may take part in this second auction. Auctions will be carried out following the order of the lot numbers as they appear in the catalogue. Cannes Enchères and the expert are free to set the increment of each bid and all bidders must adhere to this process. The notices, declarations and amendments announced upon presentation of the item will be noted in the record of sale. Telephone and absentee bids may be placed by clients who cannot attend the auction. They may be submitted using the special form provided at the end of the catalogue or through Cannes Enchères web site. This is a service graciously provided free of charge to the client. Cannes Enchères, its employees, agents and representatives shall not incur any liability in the event of an error or omission in the execution of orders received or the non execution of orders. The form must be sent by fax / courier / email to Cannes Enchères no later than two working days before the sale, together with a bank account identification slip (“RIB”) and a copy of the bidder’s proof of identity. For the sake of the smooth conduct of auctions, bidders are asked to present themselves to Cannes Enchères prior to the sale in order to register their personal data. Potential buyers must provide proof of their identity and bank references. All individuals who register with Cannes Enchères shall have the right to access and rectify the personal data they provide to Cannes Enchères in accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004. In accordance with Article 14 of French Act n° 2000-642 of July 10th 2000, if the successful bidder fails to pay for an item after the issuance of a formal demand that remains without effect, the item shall be re-auctioned at the seller’s request. If the price of the new bid is lower than the original false bidder’s price, the false bidder shall pay the difference. If the seller does not make such a request within three months of the auction, the sale shall be cancelled by operation of law, without prejudice to the damages payable by the false bidder.
Cannes Enchères reserves the right to claim the following from the false bidder : 
  • interest at the statutory rate,
  • the reimbursement of the additional costs incurred by reason of his/her default,
  • the payment of the sale price or:
  • the difference between this price and the resale price if the latter is lower, as well as the costs incurred in relation with the re-auction.
  • the difference between this price and the original false bidder’s price if the latter is lower, as well as the costs incurred by the re-auction.
    Cannes Enchères also reserves the right to offset any amounts which the false bidder owes to it.
The seller must collect any unsold items as soon as possible and in any case within 2 months of the auction. If the unsold items are not collected, the cost of storage shall be paid by the seller at the usual rate applicable in such matters. Cannes Enchères shall not be bound by any warranty vis-à-vis the seller in respect of such storage.

In the course of our business, our auction house collects personal data regarding the seller and the buyer. The latter therefore have the right to access, to rectify and to oppose their personal information by contacting our auction house directly. Cannes Enchères may use such personal data in order to fulfill its legal duties, and, unless any concerned person does not accept, for the purposes of carrying out its business (in particular, commercial and marketing operations). Data may also be communicated to authorized authorities as required by the legislation.

Sale’s conditions may vary. Thank you to browse the general conditions of purchase that apply to the sale of interest. The general conditions of purchase of sale are at the end of the catalog (pdf or printed).