GENERAL AND SPECIFIC CONDITIONS OF THE AUCTION SALE
1. Detail of the auctions : .
Thursday, October 8, at 10 a.m. lot n°1 at n°304 and 2 p.m lot n°305 at n°770
Friday, October 9 at 10 a.m. lot n°771 at n°1054 and 2 p.m lot n°1055 at n°1528.
2. Storage of wines : The wines offered for sale have always been preserved and stored in the cellars of the restaurant LE GABRIEL (in Bordeaux) after their delivery. They were delivered to the auction room at the end of July and have been kept in good conditions in our reserves.
3. Exhibition : The wines are sold in their current state ; no claim will be accepted once the fall of the hammer, as a prior exhibition allowed buyers to see their condition. If bidders are unable to come to the exhibition, they must request a condition report and additional photos of the lots that interest them. Any changes to the terms of sale or catalogue descriptions will be announced verbally during the sale and recorded in the minutes.
4. During the auction sale : Payment is due immediatly after the sale. The successful bidder will be the highest and last bidder and will be required to submit their name and address. In case of contesting at the time of awarding, that is if two or more bidders simultaneously carried an equivalent bid, either out loud or by sign and demand at the same time this object after the pronouncement of the "awarded-adjugé" word, the afore mentioned object will be immediately be handed in auction to the proposed price by the bidders and all the public will be allowed to bid again. The Commissaire de Justice reserves the right, in the interest of the auction sale, to join or divide certain lots.
5. Purchase orders, phone request, and Live : The Commissaire of Justice, experts and collaborators of the Etude are responsible for executing, free of charge, all purchase orders entrusted to them, in particular by amateurs who cannot attend the sale. Buying orders or auctions by phone are a facility for customers. The request for a telephone line implies that the bidder will acquire the lot at the low estimate.
The Selarl Me Antoine BRISCADIEU is not responsible for having failed to execute an order by mistake or for any other cause. La Selarl Me Antoine BRISCADIEU reserves the right not to register the purchase order if it is not complete or if it considers that the client does not provide all guarantees for the security of transactions, without possible recourse.
Registration procedures : Sending by email to anne@briscadieu-bordeaux.com or by mail to the address of the office, the form attached to the catalog or, failing that, on plain paper indicating your last name, first name, full address and batch number for the sale, accompanied by an identity document and a bank account details (RIB).
Requests for purchase orders will only be taken into account until the day before the sale at 8 p.m.; after this date, no further purchase orders will be processed.
For LIVE : registration directly with and https://drouot.com . As these are independent services, we accept no liability for any malfunction.
6. Buyer’s commission : In addition to the amount of the auction, buyers must pay the following fees and taxes by lot : 14.28% including tax (11.9% excluding tax), in the case of a judicial sale.
Surcharge for LIVE : 1.5% excluding tax, or 1.8 incl. tax, for interencheres.com and drouot.com.
7. VAT : The auctions are announced including tax. The VAT at the rate of 20% is recoverable from the amount of the auctions and the fees for taxable buyers.
8. Settlement : Payment must be made immediately after the sale:
• by bank transfer (euros) : RIB on slip.
• by bank card : Directly on our website https://briscadieu-bordeaux.com.
• in cash (euros) up to €1,000 for French nationals or up to €15,000 for foreign nationals, including a buyer’s commission, upon presentation of the passport and proof of address. In case of payment by bank transfer, the delivery of the items may be deferred until collection.
9. Condition specific to the public judicial auction : It will be carried out under the usual conditions, that is to say without guarantee.
10. Delivery of lots : No batch will be issued without the payment of the amounts due in full.
As soon as the contract is awarded, purchases are the sole responsibility of the successful bidder. The buyer undertakes to insure his acquisitions and Selarl Me Antoine BRISCADIEU declines all liability for any damages that the object may incur as soon as the adjudication is announced.
11. Storage costs : Purchases are held on ex gratia deposit for 12 days. Beyond that, storage fees will be charged as follows: 12 bottles: €60/month; 6-bottles: €30/month; 3 blles: €15/month, etc.
12. Shipping : We do not send. For people who have purchased by phone, by purchase order or live, it will be necessary to contact the service companies indicated on the slip who will take care of packaging and shipping. Buyers are invited to arrange the transport of their purchases themselves if these conditions do not suit them. Transport is carried out at the contractor’s own risk, who is responsible for insuring its purchases. La Selarl Antoine BRISCADIEU declines any liability for damages that the object may incur as soon as the contract is awarded or during transport, for whatever reason.
13. Wine excise duties : For individuals residing in France, delivery on leave free of charge. For traders resident in France or for any other person residing abroad, subject to the actual export of the goods, delivery as a purchase, free of charge, with all duties paid.
14. Foreign buyers : They must notify their correspondent in France (freight forwarder or merchant), who will proceed to collect the goods on their behalf and will be responsible for their export.
15. The estimates given in the catalogue are for information purposes only. They do not constitute reserve prices or reserve bids, but correspond to an average market price.
16. Non-payment – Auction access restriction file (TEMIS)
All auction sales invoices remaining unpaid after Me Antoine BRISCADIEU or subject to delays in payment may be added to the Auction Access Restriction File ("TEMIS File") maintained by Commissaires-Priseurs Multimédia (CPM), public limited company with executive board, with registered office at 37 Rue de Châteaudun, 75009 Paris, listed on the Paris Trade and Companies Register under number 437 868 425. The TEMIS File may be viewed by all France-based auctioneers who subscribe to this service. The list TEMIS Service subscribers is available to view at , in the dropdown menu "Acheter aux enchères" (Buy at auctions), under "Les commissaires-priseurs" (Auctioneers). Bidders listed on the TEMIS File may face restrictions on their bidding activity at auctions operated by auctioneers with a Professional Subscription to the TEMIS service. In such cases, this shall also result in temporary suspension of access to the live service, operated by CPM, in accordance with the general terms of use for this platform. Where a bidder is listed on the TEMIS File, Me Antoine BRISCADIEU may make access to auctions contingent on the use of payment methods or specific guarantees, or it may prevent the Bidder from participating in auctions for which such guarantees cannot be provided. Bidders can find out if they are listed on the TEMIS File, contest their TEMIS File listing, or exercise their rights of access, rectification, erasure, restriction or objection under applicable data protection legislation, by submitting a request in writing accompanied by proof of identity in the form of a copy of a relevant identity document :
- For listings added by Me Antoine BRISCADIEU : by post to 12-14, rue Peyronnet 33800 Bordeaux,
- For listings added by other Professional Subscribers : by post to CPM, 37 rue de Châteaudun, 75009, or by email to contact@temis.auction. The Bidder may also submit a complaint in relation to their listing on the TEMIS File to the French Data Protection Authority (CNIL) [3 Place de Fontenoy, TSA 80715, 75334 Paris, Cedex 07, https://cnil.fr]. More information on the TEMIS File is available in our general conditions of sale. Important notifications relating to the auction process will be sent to the email and/or postal address that the bidder provides the auctioneer at the time of auction. The bidder must notify Me Antoine BRISCADIEU of any changes to their contact details.
