Jean DUNAND (1877-1942)

GENERAL CONDITIONS OF SALE

Each potential buyer agrees to accept the terms and conditions of sale as described below, in the catalog, on the website and displayed in the sales room. 

Oxio acts as an agent, offering for sale by public auction items voluntarily entrusted to it by their customers. The sale is made in cash and conducted in Euros (€). 

Purchasers will pay, in addition to the auction price, a fee of 24% excluding VAT (28.8% including VAT). 

Live charges are 1.8% inc.

Catalog order will be followed. 

Guarantees 

In accordance with the law, SAS Oxio and its expert are responsible for the information given in the catalog, taking into account any corrections announced at the time of presentation of the item and recorded in the sale report. Attributions have been established in the light of scientific and artistic knowledge at the date of sale. 

A prior exhibition will enable buyers to appreciate the condition of the items offered for sale, and no claims will be accepted once the sale has taken place. Indications of restoration, accident or any other defect affecting the lot are given to facilitate inspection by the potential buyer, and remain subject to his personal assessment or that of his expert. The absence of any indication of restoration or accident in the catalog, reports or verbally, in no way implies that an item is free of any present, past or repaired defect. In the opposite case, the mention of restoration, accident or any other defect does not imply the absence of all other defects. 

Catalog reproductions of works are as faithful as possible, although differences in color or tone may occur. Dimensions are given as an indication only. 

The French text is the official text and will be used in the event of a dispute. 

The condition reports requested from SAS Oxio and the expert prior to the sale are given for information only. They are in no way binding and cannot be the basis for any legal claim. Under no circumstances do they replace a personal examination of the property by the buyer or his representative. 

Estimates are provided for information only, do not constitute a guarantee, and cannot be considered as indicating the certainty that the item will be sold at the estimated price or within the estimate range. 

Auctions 

SAS Oxio reserves the right to deny access to the auction room to any person for just cause. Potential buyers may be asked to provide proof of identity and bank details. Potential buyers are invited to make themselves known to Oxio prior to the sale, so that their personal details can be registered. 

Bids are collected through the physical presence of bidders in the auction room. Bidders present in the room will have priority over all other bidding methods. 

Telephone bidding. Telephone bidding is accepted free of charge from buyers who have made themselves known prior to the sale. SAS Oxio cannot be held responsible if the telephone connection is not established, is established late, or in the event of errors or omissions. No telephone bids will be accepted for lots estimated at less than 200 euros. Any request for a telephone bid is equivalent to a firm purchase order at the low estimate, and the potential buyer will be deemed to be the first bidder. 

Bidding by purchase order. It is also accepted, free of charge, to collect purchase orders that have been transmitted prior to the sale. SAS Oxio cannot be held responsible for errors or omissions in written orders. In the event of two identical purchase orders, the oldest purchase order will take precedence. 

Transfer of ownership. The successful bidder will be the last and highest bidder. The blow of the hammer will mark the end of the bidding and the pronouncement of the word "Adjudé" or any other equivalent will immediately transfer ownership between the seller and the last successful bidder. In accordance with article L. 121-21-8 of the French Commercial Code, the withdrawal period does not apply to public auctions. 

In the event of a double bid recorded by the auctioneer, the lot will be reoffered for sale at a price decided by the auctioneer. All bidders present may participate in this second auction.

By placing a bid, bidders assume personal responsibility for payment of the hammer price, plus costs to be borne by the buyer and any taxes or duties due. Unless there is a written agreement with SAS Oxio, prior to the sale, stating that the bidder is acting as agent for a third party identified and approved by SAS Oxio, the bidder is deemed to be acting in his own name. 

If the bidder has not registered before the sale, he/she must provide the necessary information so that Oxio can reproduce it on the sale report and the auction slip. The buyer will be held responsible for any false information. 

Withdrawal of purchases 

Lots that have not been delivered on the day of the sale may be collected by appointment at 59 rue des Rosiers, once the amount of the sales slip has been received. 

Winners are advised to collect their lots as soon as possible to avoid incurring storage costs. Once the lot has been sold, the buyer assumes full responsibility for it. The buyer will be responsible for insuring his acquisitions, and SAS Oxio declines all responsibility for any damage the object may incur, as soon as the auction has taken place. 

Lots will be delivered to the buyer in person, or to a third party designated by the buyer and entrusted with an original power of attorney and a copy of the buyer's identity document. 

Export formalities (certificate applications for cultural property, export licenses) are the responsibility of the buyer and may take several months. Oxio is at the disposal of its buyers to guide them through these formalities, or to forward requests to the Direction des Musées de France. 

Payment for purchases 

The buyer has 30 days from the date of the sale to pay his bill of sale. We strongly recommend that buyers pay by credit card, bank transfer or 3D Secure online payment. 

In accordance with article L. 321-14 of the French Commercial Code, an auctioned item cannot be delivered to the buyer until the company has received the price or has been given a full guarantee of payment by the buyer. 

Cash. 

- Up to €1,000. 

- Up to €10,000 for individuals whose tax domicile is abroad (on presentation of passport). 

Online payment. 3D Secure payment at www.oxioparis.com 

Bank transfer. Bank transfers must be made from the purchaser's account and must indicate the invoice number. Bank charges are not payable by the company. 

Société Générale  

Account holder : OXIO

Bank code 30003 - Counter code 04030 

Account no. 00120433785 - RIB key 04 

IBAN FR76 3000 3040 3000 1204 3378 504 

BIC SOGEFRPP

Default of payment 

In the event of non-payment by the successful bidder, within a period of three months from the date of the auction, after formal notice has been served without result, the property will be reoffered for sale at the seller's request upon re-bidding by the defaulting bidder; if the seller does not make such a request within the aforementioned period, the sale will be cancelled ipso jure, without prejudice to any damages owed by the defaulting bidder.

In the absence of payment of the sums due by the successful bidder within the three-month period, the costs relating to the cancelled sale remain payable by the successful bidder.

Oxio reserves the right to claim from the defaulting buyer :

- interest at the European Central Bank's semi-annual interest rate on January 1 and July 1 (REFI) plus 10 points ;

- reimbursement of any additional costs incurred as a result of the default, including storage, transport and catalog costs, legal and additional flat-rate collection fees, etc. ;

- the remaining auction fees due on the cancelled sale and the loss suffered by Oxio. 

- payment of the difference between the initial hammer price and either the hammer price on re-bidding if it is lower, as well as the costs generated by the new bids, or the low estimate, if the sale is cancelled by operation of law.

Oxio reserves the right to exclude from future sales any successful bidder who fails to comply with the present terms and conditions.

Pre-emption by the French State

The French State has a right of pre-emption on works sold in accordance with current legislation.

This right is exercised immediately after the hammer has struck, with the representative of the State expressing the latter's wish to take the place of the last bidder, and must confirm the pre-emption within 15 days.

Legal and jurisdictional competence 

In accordance with the law, all civil liability claims arising from auctions and voluntary sales of furniture by public auction are subject to a five-year statute of limitations from the date of the auction. These general terms and conditions of purchase are governed solely by French law. Any dispute concerning their existence, validity, enforceability against any bidder or purchaser, and their execution shall be settled by the competent court in the jurisdiction of Saint-Ouen-sur-Seine (France).