Legal notice
Legal Notice and General Terms
Encherissez.com is published and operated by EXPERTISEZ S.A.S., a French operator of voluntary public auctions of movable property.
French simplified joint-stock company
75008 Paris – France
Registered-office SIRET: 442 732 681 00030
Paris Trade and Companies Register
Important information: valuations are not provided by telephone. Valuation requests must include photographs and all available information about the property.
Request an Online ValuationOnline Valuations
The online valuation service allows users to request an initial assessment of the potential auction value of a painting, sculpture, piece of jewellery, watch, fine wine or other work of art or collectable.
Valuations are prepared on the basis of the photographs, descriptions and information supplied by the applicant, together with comparisons with available auction results. They are generally expressed in euros.
Where the information supplied is insufficient, or where the property falls outside the areas handled by the auction house, Expertisez S.A.S. may be unable to provide a valuation.
Any free-service limits and fees for additional services are those displayed on the relevant form or service page at the time of the request. No paid service will be undertaken without the applicant’s prior agreement.
Voluntary Public Auctions
Expertisez S.A.S. organises voluntary public auctions of movable property as agent for the owner. A written sale mandate is established between the seller and the auction house.
Information concerning each auction, including its date, time, viewing arrangements, fees and available bidding methods, appears in the catalogue and the sale-specific terms.
Auction estimates are provided for guidance only. They do not constitute a guarantee of the final hammer price.
Prospective buyers are invited to inspect lots before bidding or to request a condition report. The absence of a specific reference in a description does not mean that a lot is free from defects, restoration, alteration or wear.
Where permitted by French law, any lot belonging to the auction operator, its directors, partners or employees will be clearly identified in the sale publicity.
Taking Part in an Auction
Subject to registration, the provision of the requested identity documents and, where applicable, sufficient financial guarantees, bidders may participate using the methods announced for each auction:
- in the saleroom, where the auction is open to the public;
- through an approved online auction platform;
- by telephone, subject to prior acceptance of the request;
- by submitting an absentee bid before the auction.
Expertisez S.A.S. may refuse a registration or bidding request where the requested information or guarantees have not been supplied.
The successful bidder is the highest and final bidder designated at the fall of the hammer. Sales and payments are conducted in euros, including where an auction platform displays an indicative conversion into another currency.
Payment, Fees and Transfer of Ownership
The successful bidder must pay the hammer price together with the buyer’s premium and any taxes or additional charges specified in the auction catalogue.
The applicable buyer’s premium is the rate stated in the sale-specific terms. Payment is due immediately following the auction.
The official payment methods and bank details are provided on the invoice or communicated directly by Expertisez S.A.S. Buyers must verify any request to use different bank details directly with the auction house before making a transfer.
A purchased lot will not be released until all sums due have been received or sufficient security for payment has been provided.
Failure to Pay
If the successful bidder fails to pay after formal notice remains unsuccessful, the property may be offered again at the seller’s request under the French procedure known as réitération des enchères.
If the seller does not request this procedure within three months of the auction, the sale is automatically cancelled, without prejudice to any damages payable by the defaulting bidder, in accordance with Article L. 321-14 of the French Commercial Code.
Collection, Storage and Delivery
Lots will only be released after payment in full and in accordance with the arrangements specified for the relevant auction.
Collection locations, opening hours and deadlines are indicated in the catalogue, on the invoice or in communications sent to the buyer. Certain lots may be transferred to an external storage facility.
Once the announced collection period has expired, handling, transport and storage charges may be payable by the buyer. Risk in the purchased property passes in accordance with the sale-specific terms.
At the buyer’s request, Expertisez S.A.S. may provide contact details for service providers or request a transport quotation. Unless otherwise stated, packing, transport, formalities and insurance are payable by the buyer. The transport contract is entered into between the buyer and the selected service provider.
Consigning Property for Sale
Expertisez S.A.S. acts as agent for the owner or the owner’s duly authorised representative. The seller must provide proof of identity and confirm that they own the property or are authorised to sell it.
The seller declares that the property may be lawfully sold and that, to the best of their knowledge, it is not subject to any undisclosed dispute, seizure, ownership claim, pledge or other security interest.
A valuation provided from photographs remains provisional. The auction estimate may be revised following physical examination, additional research or consultation with a specialist, the artist, the artist’s successors in title or another recognised authority.
The acceptance arrangements, estimate, any reserve price, seller’s fees and method of sale are recorded in a written mandate.
Private Sales
Expertisez S.A.S. may act as the seller’s agent in a private sale, in accordance with the written mandate and applicable French law.
Before entering into a private-sale mandate that does not follow a public auction, the seller is informed in writing of the option to use a voluntary public auction. The private-sale mandate includes a valuation of the property.
The asking price and conditions of the transaction are agreed with the seller. No sale below the agreed minimum price may be completed without the seller’s consent.
The seller’s identity is treated as confidential in dealings with third parties, subject to information that must be disclosed under applicable law, requests from competent authorities, anti-money laundering obligations or the requirements of the transaction.
Personal Data
Expertisez S.A.S. processes personal data required to manage user accounts, valuation requests, auction registrations, bids, payments, deliveries, accounting and regulatory obligations, seller relationships and customer service.
Depending on the processing activity, the legal basis may be the performance of a contract or pre-contractual measures, compliance with a legal obligation, the company’s legitimate interests or the data subject’s consent.
Personal data may be accessed by authorised Expertisez S.A.S. personnel and, where necessary, by technical service providers, auction platforms, carriers, payment providers, professional advisers and competent authorities.
Electronic marketing directed at individuals is only carried out with their consent where consent is legally required. Each marketing communication must provide a simple means of opting out.
Subject to the conditions laid down by data-protection law, data subjects may request access to, correction or deletion of their data, object to certain processing, request restriction of processing or exercise their right to data portability.
These rights may be exercised by contacting contact@expertisez.com . Data subjects may also lodge a complaint with the French data protection authority, the CNIL.
Intellectual Property
Unless otherwise stated, the texts, photographs, catalogues, descriptions, graphic elements, trademarks, logos, videos, databases and other content available on Encherissez.com are protected by intellectual-property law.
Any unauthorised reproduction, representation, extraction, adaptation or reuse, whether in whole or in part, is prohibited, subject to the exceptions provided by law.
Website Availability
Expertisez S.A.S. takes reasonable steps to maintain the operation of the website. It cannot, however, guarantee continuous availability, particularly in the event of maintenance, a technical failure, an incident affecting a service provider or an event outside its reasonable control.
Users are responsible for protecting their equipment, login details and internet connection. Users must also ensure that their connection is adequate before taking part in an auction broadcast online.
French law and limitation period: these terms are governed by French law. Under Article L. 321-17 of the French Commercial Code, civil-liability claims arising from valuations and voluntary or court-ordered public auctions of movable property are subject to a five-year limitation period beginning on the date of the auction or valuation.