FRANÇOIS BOUCHER (1703-1770)

Tajan is a voluntary sale company selling furniture in public auction regulated by law No. 2000-642 of July 10th, 2000. Tajan acts as an agent of the vendor. The auctioneer is not a party within the sales contract that exclusively connects the seller and the tenderer.

General terms

These terms and conditions of sale, the sale and everything related are regulated by French law: Sellers, buyers and their agents accept that any legal action shall be the exclusive competence of courts in Paris (France). Accordance with these terms and conditions are independent from one another. Sales are made for cash and prices are stated in euros (€).

Warranties

The seller guarantees Tajan and the buyer that they are the uncontested owner, or that the uncontested owner duly authorized them, of the goods, for which no claim, dispute or confiscation shall be received, nor any reserve or collateral, and that they can properly transfer ownership of said goods. Indications featured on the catalogue are established by Tajan and the expert assisting it if need be, with due diligence for public auctions, subject to the notices, declarations and amendments announced upon presentation of the item and noted in the record of sale.

This information, including the dimensions set out in the catalogue, is provided to help the potential buyer inspect items and must be assessed personally by him/her.

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 condition of the frames is not guaranteed.

Gemstones and pearls may have been subject to some improvement (oily for emeralds, hot treatment for sapphires and rubies, whiteness for pearls). These improvements are judged as traditional and are admitted by international gems and pearls trade. Prospective buyers may ask the Jewelry Department certificates for any uncertified item two weeks prior to the sale.

There is no guarantee on whether or not the watches work. Please note that some original parts of a watch do not exist anymore. Some watches can not be repaired.. Henceforth, concerning the watches sold “as their stand”, Tajan cannot guarantee the buyer the possibility of their restorations by the watch brand.

Buyers may obtain a condition report on items included in the catalogue that are estimated at more than €1 000 upon request. 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 Tajan.

In the event of a dispute concerning inter alia the authenticity or origin of items sold, Tajan is bound by a best endeavors obligation; its liability may only be incurred if evidence is provided that it committed a wrongdoing.

No complaint will be admitted once the item is sold.

Estimates and prices

Sale price will be displayed next to each lot, and doesn’t include fees that the seller must pay or VAT.

Deposit

Any object deposited in the hands of TAJAN will result in the invoicing of storage costs payable by its owner in the amount of € 4 excl. Tax per day for an item and € 8 excl. Tax per day for large items. If the object has been presented at auction, these costs are the responsibility of the seller when the object is unsold after a period of 30 days from the sale or the successful bidder after a period of 14 days from the sale.

Conditions to participate in bidding

Absentee bid forms may be submitted no later than two working days before the sale.

Telephone bidding can only be arranged for lots with sale estimates over €400.

Absentee bids and telephone bids are a service graciously provided free of charge to the client. Tajan, 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.

If you want to have more information about the differents ways of bidding, you can check out the “How to Buy?” section.

Conduct of bidding

Auctions will be carried out following the order of the lot numbers as they appear in the catalogue. Tajan is free to set the increment of each bid and all bidders must adhere to this process. The highest and last bidder will be the successful bidder. In the event the seller sets a reserve price, Tajan reserves the right to propose bids on the seller’s behalf until such time as the reserve is met.

Please note that live bids always prevail over online bids.

No live, telephone or online bids will be accepted by the Auctioneer of it is announced after the hammer falls.

Amounts payable by the buyer

The buyer must pay Tajan, in addition to the “hammer price”, a commission of :

– 25% excl. tax (i.e., 30 % inclusive of VAT), for the portion up to €150,000

– 20% excl. tax (i.e., 24 % inclusive of VAT), for the portion between €150,001 up to €2,000,000

– And 12% excl. tax (i.e., 14.40 % inclusive of VAT) for the portion above €2,000,001

Items originating from a country outside the European Union shall be marked with the symbol ƒ and ƒƒ.

ƒ: In addition to the regular buyer’s premium, a commission of 5.5 % (6.60% incl. of vat) will be charged to the buyer.

ƒƒ: In addition to the regular buyer’s premium, a commission of 20 % (i.e., 24 % incl. VAT) will be charged to the buyer.

This VAT shall be payable by the buyer.

These additional costs may, in certain cases, be reimbursed to the buyer.

Artist’s Resale Right

Artist’s Resale Right is a royalty entitled by the artist or the artist’s estate when any graphic and art works created by the artist is sold. Lots marked with this symbol ¤ will be subject to payment of the Artist’s Resale Right, at a percentage of the hammer price calculated as follows:

4% up to 50,000 €

3% from 50,000.01 to 200,000 €

1% from 200,000.01 to 350,000 €

0.5% from 350,000.01 to 500,000 €

0.25% exceeding 500,000 €

The Artist’s Resale Right is subject to a maximum royalty payable of 12,500 € for any single lot. The amount of the royalty is due by the buyer, Tajan will then pay the royalty to the appropriate authority on the seller’s behalf.

Online Only

To participate in an Online Only sale, you must first register and provide references of a credit card.

Lots of Online Only sales are visible throughout the duration of the sale, preferably by appointment. Reports on the condition of the lots appear in the description. The indications given by TAJAN remain subject to personal appreciation of the bidder. No claims will be accepted once the hammer falls.

The buyer receives an invoice and becomes in possession of items after full payment of the price, commissions and fees to TAJAN.

Once the hammer falls, the auctioned items are under the sole responsibility of the purchaser. He has to ensure his purchase.

The buyer must pay Tajan, in addition to the “hammer price”, a commission of 21% excl. tax (i.e., 25,2 % inclusive of VAT)

Personal data

All individuals who register with Tajan shall have the right to access and rectify the personal data they provide to Tajan in accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004.

Payment

Payment must be made immediately after sale. Payments may be made using one of the following methods: – Bank transfer in euros.

– Visa card or Master Card (subject to the presentation of valid proof of identity. Identities must match).

– In cash in euros, up to 1,000€: for France based individuals, and for all professionals.

– In cash in euros, up to 10,000€: for individuals who can prive they don’t fiscally live in France, or who is not a professional.

– Certified banker’s draft in euros subject to the presentation of valid proof of identity.

Checks drawn from a foreign bank will not be accepted. Checks and bank transfers must be denominated in euros and made out to the order of Tajan SA.

Buyers may only take possession of items sold after Tajan has received full payment of the sale price and the related commission and costs.

As soon as an item is pronounced “sold”, it shall be placed under the sole responsibility of the buyer.

It shall be the buyer’s responsibility to insure the item purchased immediately.

Non-payment

In accordance with Article 14 of French Act no. 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 seller does not make such a request within one month of the auction end, the sale shall be cancelled by operation of law, without prejudice to the damages payable by the false bidder.

Tajan reserves the right to claim the following from the false bidder:

– interest at the statutory rate.

– refund of the additional costs incurred by reason of their default.

– payment of the sale price or the difference between that price and the resale price if the latter is lower, as well as the costs incurred in relation with the re-auction. Tajan also reserves the right to offset any amounts that the false bidder owes to it, as well as banning any bidder who fails to comply with its general terms and conditions of sale from attending any future auction.

Tajan is a member of the “Registre central de prévention des impayés des Commissaires-priseurs”, to which non-payments can be communicated. The rights of access, correction and dispute for legitimate purposes are to be made by the debtor in question at SYMEV 15, rue Freycinet 75016 PARIS, France.

Collect of items purchased

Purchases can only be collected after the buyer has paid all amounts due in full. In the event of a payment by cheque or bank transfer, delivery of the goods may be deferred until such time as the payment has cleared. In this case, storage costs shall be borne by the buyer and Tajan shall incur no liability whatsoever in this respect.

Lots sold must be collected within 14 days following the auction. After that period, storage costs will be charged 4 EUR per day per lot for small items, 8 EUR per day per lot for large items and furniture. Handling fee of 60 EUR per lot will also be charged. All large items and furniture will be stored at a storage facility designated by Tajan at the buyer’s risk and expense.

Collect of unsold items

The seller must collect any unsold items as soon as possible and in any case within 14 days from the auction. After that period, storage costs will be charged 4 EUR per day per lot for small items, 8 EUR per day per lot for large items and furniture. Handling fee of 60 EUR per lot will also be charged. All large items and furniture will be stored at a storage facility designated by Tajan at the seller’s expense.

French State’s right of pre-emption

The French State has a right of pre-emption in respect of certain works of art offered at auction. If the State wishes to exercise this right in respect of a sale, it must express its intention to do so within 15 days of the sale. In this case, the State shall be substituted for the last highest bidder.

Import and export

The import and export of goods may be subject to authorization (export certificates, customs authorizations). It is the buyer’s responsibilities to check which authorizations are required. VAT on fees can only be refunded if you can present an export customs receipt.