Modern and Contemporat Art

TERMS OF SALE INTENSY The sale will be made in cash and conducted in dollar. Payment could be done in Euro Buyers will pay in addition to the auction, the following costs: 25% including tax The purpose of the Conditions of Sale is to define the terms and conditions attached to the Sale, as well as to determine the respective rights and obligations of the Parties in this context. These Conditions of Sale are intended for Buyers who are natural persons (aged 18 or over), with the legal capacity to contract. Article 1 - ACCEPTANCE The Buyer is deemed to have accepted these Conditions of Sale by the mere fact of his participation in the public auction. This acceptance is irrevocable and without reservation. The Parties are exclusively bound by the provisions set out in these Conditions of Sale. The application of all other conditions is excluded between Parties. Article 2 - GUARANTEES In accordance with the law, the indications given in the catalog engage the responsibility of SRL Intensy, subject to any rectifications announced at the time of the presentation of the object and entered in the Minutes of the Sale. Our auctions are carried out online and except in exceptional cases, there is no exhibition before the sale. Buyers can request photos and a condition report. All goods are offered for sale with their imperfections, defects, wear and restorations. Thus, archaeological objects, given their age, may have undergone customary repairs or restorations that are not systematically reported. No claims will be accepted once the auction has been declared. Dimensions are given for information only. The working condition of the clocks and the condition of the mechanisms are not guaranteed. Article 3 - AUCTIONS Auctions follow the order of catalog numbers. SRL Intensy is free to set the order of progress of the auction and the bidders are required to comply with it. The highest and last bidder will be the successful bidder. In the event of a double auction recognized as effective by SRL Intensy, the object will be put up for sale again, all amateurs present online being able to compete for this second auction. 3.1 - Live auctions via www.Intensy.com or on www.livauctioneer.com If you wish to bid online during the auction, please register and make a credit card imprint (neither your card number nor its expiry date are kept). You therefore agree that the sites communicate to SRL Intensy all the information relating to your registration (Passport, identity card, etc.). SRL Intensy reserves the right to request, if necessary, additional information before your final registration to bid online. Any online bid will be considered an irrevocable commitment to purchase. 3.2 - Secret purchase orders via www.drouot.com SRL Intensy is not aware of the maximum amount of your orders placed via www.drouot.com. Your bids are formed automatically and gradually within the limit you have set. The execution of the order adapts to the heat of the auction according to the current auctions. In the case of live auctions, if you are an online buyer, you authorize SRL Intensy, if it so wishes, to use your credit card imprint to proceed with the payment, partial or total, of your acquisitions, including the costs related to the sale at the expense of the buyer. 3.3 - Electronic auctions For any new buyer, who would not be known to Intensy, who would have left a bid higher than USD 1,500, we reserve the right to request a payment guarantee of 30% of the bid (excluding costs) to be paid by bank transfer. Purely electronic auctions called "online" or "live only" (with video), without exhibition or public for sale are subject to consumer law and open a right of withdrawal for the benefit of individual buyers for 14 days. 3.4 - Purchase orders and auctions by telephone If you wish to make a purchase offer in writing or bid by telephone, you can place a purchase order on the intensy.com site from the page of the object you wish to acquire or directly on Drouot.com or by email at online@intensy.com. These must be presented to us, 2 hours before the sale, accompanied by your bank details, and a copy of your identity document. It is advisable to contact us in order to confirm their good reception. In the case of several purchase offers of equal amount, the first offer received by SRL Intensy takes precedence over the others. Telephone auctions are a free service provided to customers, we accept telephone auctions for lots whose starting price is equal to or exceeds USD 2,500. Under no circumstances can Intensy SRL be held responsible for a telephone connection problem. Article 4 - PRICE AND TERMS OF PAYMENT 4.1 - Price The price is expressed in euros (USD) or in Euros and includes Belgian VAT. The Sale is made in cash. The hammer price is to be increased by the costs for which the Buyer is liable to Intensy, up to 25% All taxes included. The Buyer may also be liable for the payment of fees of 3 to 5% including tax during Live sales on any other platform such as INTERENCHERES / DROUOT / INVALUABLE / etc. Resale right: The sale of certain original works is subject to the resale right for the benefit of the author or his heirs, provided that he has not been deceased for more than 70 years. In accordance with the legal provisions imposing a resale right on the acts of resale of original works of art in the case of public auctions for the benefit of the authors of the works sold, it will be due by the buyer in addition to the sale price. , excluding taxes, a resale right and provided that the hammer price is equal to or greater than 2,000 USD. It is 4% for the portion of the sale price up to 50,000 USD. The resale right is collected by Intensy and transferred to the organizations having the right of collection as provided for by the legislation in force. 4.2 ? Payment of the Price Online payment requires the creation of a personal account on the Intensy.com Platform (the "Account"), to which the Buyer is redirected at the end of the conclusion of the Sale. For the procedures for creating an Account, reference is made to the general conditions of use of the Platform. For online payments, Intensy uses the services of Verifone. The intervention of this service provider does not entail the application of specific conditions and additional costs. Before confirming your payment, you can read Verifone's terms and conditions and privacy policy. All payment information (including credit card number) is retained by Verifone. Intensy does not retain any data relating to the payment and cannot be required to ensure the security of said data. Payment can be made by bank transfer but under no circumstances by check or cash. Bank details: BNPPARIBAS Fortis, Avenue Louise 58 - 1000 Brussels Company Intensy SRL IBAN BE44001924086845 / BIC GEBABEBB Cantersteen 47, 1000 Brussels, Belgium 4.3 - Default of payment In the event of non-payment, or in the event of a problem related to the payment of the price within 5 days, the Buyer shall be liable, by right and without prior notice, for default interest at the rate of one percent ( 1%) per month, in addition to legal interest and court costs. Intensy reserves the right to take, at its option and subject to all other rights and actions, after formal notice by simple letter or email, the measure(s) such as: - Judicial compel the Buyer to pay and/or collect the lot, if necessary under penalty of penalty; - Cancel the sale of the lot and possibly other lots acquired during the sale or previous sales. In this case, the Buyer remains liable to Intensy for costs of up to 25% of the auction price as well as costs of 3 to 5% including tax during Live sales on any other platform such as INTERENCHERES / DROUOT /INVALUABLE/LiveAuctioneer etc; - Put the lot up for public sale at the risk and peril of the defaulting Buyer, any deficit compared to the first sale being the responsibility of the defaulting Buyer, as well as the costs inherent in the resale, the defaulting Buyer shall not being able to claim anything in the event of a resale bonus; - Exclude the defaulting Buyer from participation in subsequent public auctions that we organise. Intensy will also communicate the Buyer's breach to the Auction Platform so that the latter is excluded. 4.4 ? Transfer of risks and ownership The transfer of ownership takes place when the price has been paid in full by the Buyer. The transfer of risk takes place at the same time as the transfer of ownership. It is therefore up to the Buyer to insure the lots as soon as the price has been paid in full. Intensy declines all liability in the event of damage resulting from the Buyer's failure to insure the Lots after payment of the price. Article 5 - SHIPPING OF LOTS 5.1 ? Shipping For each batch invoice sold at auction, a transport is associated. The transport costs related to an object are for the vast majority visible on the Intensy site and are broken down by country of destination. If the transport costs are not listed next to the description of the lot, you can request an evaluation. The costs related to the shipment of the Lots are borne by the Buyer. Intensy does not in any way become a party to the agreement between the Buyer and the carrier, and declines all liability in this regard, in particular with regard to the risks associated with the shipment of the Lots. The lots being shipped from Belgium or France, we alert you to the fact that certain orders made outside the European community may incur customs charges. 5.2 ? Withdrawal of prizes We do not offer a lot pick-up service. Article 6 - RIGHT OF WITHDRAWAL When the Buyer is considered a consumer (within the meaning of Article I.1, 2? of the Code of Economic Law), he may benefit from a right of withdrawal within fourteen (14) calendar days of receipt of the Batch. In order to exercise his right of withdrawal, the Buyer must inform Intensy within the aforementioned period and using the form in Annex 1. The Buyer must then return the Lot within fourteen (14) calendar days following the communication to Intensy of its decision to withdraw. Intensy will then reimburse the price of the Lot to the Buyer within fourteen (14) calendar days of receipt of the form which will follow the return of the object and on the condition that the object is in the same condition as at shipment, within the meaning of Article VI. 51 paragraph 2 of the Code of Economic Law. Intensy will also reimburse the initial delivery costs of the Lot, with the exception of additional costs if the Buyer has chosen a shipping method for the Lot that is more expensive than the standard shipping method offered by Intensy. The cost of returning the Lot remains the responsibility of the Buyer. In the event that the public auction took place under the conditions of article I.8, 36? of the Code of Economic Law, the Buyer does not have the possibility of invoking a right of withdrawal for a Lot in accordance with Article VI. 53, 11? of the Code of Economic Law. Article 7 ? PROTECTION OF PERSONAL DATA Intensy collects, processes and stores the Buyer's personal data in compliance with: ? the Regulation on the Protection of Personal Data (Regulation (EU) 2016/679 of April 27, 2016) and the laws and regulations in force, applicable to the processing of personal data, in particular, the Belgian law of July 30, 2018 on the protection of individuals with regard to the processing of personal data, and ? our privacy policy https://www.intensy.com/fr_FR/page/rgpd and cookie policy (see the "service management" panel at the bottom right of the site. Article 8 ? LIMITATION OF LIABILITY Intensy in no way guarantees the reality or accuracy of the photographs of the Lots presented during Live and online Auctions on the Auction Platforms. These photographs are made available to the Buyer for information purposes only and do not constitute a contractual commitment on the part of Intensy. In addition, when the Lots appear numbered in the photographs, the photo number is also indicative and may vary upon delivery of the Lot, unless otherwise indicated at the time of sale. Intensy shall not be liable for any indirect, consequential, or incidental damages, including, without limitation, loss of business and loss of profit, resulting from Buyer's breach of any of provisions of our Terms of Sale. The maximum total liability likely to be incurred by Intensy under our Conditions of Sale is limited to the amounts paid to Intensy by the Buyer in respect of payment for the Lot for which Intensy's liability is called into question, unless imperative legal provisions or provisions of public order provide otherwise. Nothing in our Terms of Sale, however, excludes or limits Intensy's liability in any way for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it cannot be conventionally excluded or limited. Article 9 - INDEMNIFICATION Buyer agrees, to the extent permitted by applicable law, to indemnify and defend Intensy, and to hold us harmless, against any claim, loss, cost, liability or damage relating to or resulting: - the breach of the obligations incumbent on the Buyer under one of the provisions of our Conditions of Sale and, more generally, - the violation of the laws and regulations likely to apply due to the application of our Conditions of Sale. Article 10 ? FORCE MAJEURE We cannot be held responsible for any delay or failure in the performance of the rights and obligations set out in these Conditions of Sale when said delay or failure is attributable to force majeure. By "force majeure", we mean what is generally accepted by the case law of the Belgian courts in this respect, and in particular, without this list being exhaustive, an order given by the authorities, mobilization, war, an epidemic or pandemic, lockout, strike, demonstration, technical faults in the transmission of communications, flood, explosion, shortage of raw materials or labour, change in economic circumstances events, an act of vandalism, exceptional weather circumstances, as well as any circumstances beyond Intensy's control and disrupting the normal course of business, without Intensy having to demonstrate the unforeseeable nature of the said circumstances. Article 11 - ASSIGNMENT Intensy reserves the right to assign, delegate or transfer the agreement arising from these Conditions of Sale, as well as the rights and obligations arising therefrom, to any individual, entity or company. However, the Buyer is prohibited from assigning, delegating or transferring the agreement arising from the Conditions of Sale, as well as the rights and obligations arising therefrom, to a third party without the prior written consent of Intensy. Article 12 ? MISCELLANEOUS PROVISIONS These Conditions of Sale, as well as the legal documents which supplement them, constitute the entire agreement between Intensy and the Buyer and replace all previous agreements between Parties concerning the subject matter hereof. The nullity of one or other provision of our Conditions of Sale does not affect the binding nature of the other provisions. The Parties agree that the provisions deemed void and/or inapplicable by a competent judicial or administrative authority will be replaced by compliant provisions that come as close as possible to the provisions deemed void and/or inapplicable and of equivalent economic effect. The fact that Intensy fails to take advantage of or take any action against the Buyer in the event of a breach of our Terms and Conditions of Sale cannot be considered as a waiver to take advantage of them or to take any possible legal action in the event of a subsequent violation by the Buyer. If a contradiction should appear or a dispute should arise with regard to the interpretation of a term or a provision contained in one of the translations (in one or more languages) of these Conditions of Sale, the French version will prevail. Article 13 ? APPLICABLE LAW AND COMPETENT JURISDICTION Our Conditions of Sale are exclusively governed by and interpreted by and in accordance with Belgian law. Any dispute relating to our Conditions of Sale, in particular concerning their validity, interpretation or execution and, more generally, any dispute between the Parties to each other, will be subject to the exclusive jurisdiction of the courts and tribunals of the place of establishment of Intensy's registered office, unless mandatory legal or public order provisions provide otherwise. Before taking legal action, the Parties will take all reasonable measures to reach an amicable solution to the dispute between them.