« MERRY CHRISTMAS » THE WORLD'S FIRST SMS

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“MERRY CHRISTMAS” THE WORLD'S FIRST SMS 

Auction: Tuesday, December 21, 2021 at 03:00 pm

Aguttes • 164 bis, avenue Charles-de-Gaulle • Neuilly-sur-Seine • France

CONTACT

Maximilien Aguttes

maximilien@aguttes.com  

https://etherscan.io/address/0x7ccc16b30893f98b9ae942d4a149aaa5320513f6#code

Conditions de vente - « MERRY CHRISTMAS » THE WORLD'S FIRST SMS

Purchased lots will become available only after full payment has been made. The sale will be conducted in Euros. In addition to the hammer price, the buyer agrees to pay a buyer’s premium along with any applicable

value added tax. From 1 to 150 000 € the buyer’s premium is 25% + VAT amounting to 30% (all taxes included) and 23% of any amount in excess of 150 001€ over + VAT amounting to 27.6% (all taxes included). Books (25% + VAT amounting to 26,375%). In addition to the hammer price and buyer’s premium, live auction buyers will pay a 1,80% TTC (fees 1,5% HT + 0,30% VAT) commission to the Drouot Digital platform.

NB :

+ Auction by order of the court further to a prescription of the court, buyers fees 14,40% VTA included.

° Lots on which the auction house or its partners have a financialinterest

* Lots which have been temporarily imported and are subject to abuyer’s fee of 5.5% (20% for jewelry, motorcars, wines and spirits and multiples – F1 helmet) in addition to the hammer price and sale fees.

~ This lot contains animal materials. Import restrictions are to be expected and must be considered.

**QR code of the NFT in the Aguttes wallet on OpenSea.com.

The legislator imposes strict rules for the commercial use of inert animal species. The international regulations of March 3, 1973 (CITES) requires for different annexes a correlation between the specimen and the documentation proving the origins to be lawful. This regulation transcribed in European Community law (Annexes A/B/C) in Rule 338/97 of 9/12/1996 permits commercial use of regulated specimens (CITES) upon presentation of documentation proving lawful origin; these documents for this variation are as follows :

• For Annex A : C/C provided outlining the specimen’s history (for specimens of recent date)

• For Annex B : Bird specimens are either banded or equipped with transponders, and are accompanied by documents of licit origin. The auction’s sale record must be conserved as it contains the complete history of every specimen.

All cases concerning specimens of recent date that are protected under the French Env.ironmental Code and which were born and raised in captivity are permitted by the derogation clause AM of 14/07/2006. As such, they can be used commercially provided traceability between the specimen and the documentation proving licit origins. Other specimen cases dating prior to clause AM of 21/07/2015 can, due to this fact, be used commercially. Specimens dating before 1947 included in this auction sale benefit from clause 2M of the derogatory Rule 228/97 of 9/12/1996, permitting their use for trade. However, exporting them outside of the EU them requires a pre-CITES Convention agreement. For huntable species of the European continent and elsewhere, commercial use is allowed under certain conditions. Domesticated species (D) included in this auction sale are free for trade. Old specimens from before the Convention (i.e. before 1975) comply with the conditions of the AM of 23/12/2011 and, as such, are free for trade. The other specimens in this auction sale are not subject to NR regulations and are free for commercial use and trade. The auction record will substantiate their licit origin. To leave the EU, with regards to the Annexes I/A, II/B et III/C, a CITES re-export document at the expense of the acquirer will be necessary.

GUARANTEES

In accordance with the law, the information given in the catalogue is the responsibility of SAS Claude AGUTTES and its expert, taking into account the corrections announced at the time of the presentation of the item in the sale report. Attributions were made according to scientific and artistic knowledge at the time of the auction. The order of the catalog will be followed. An exhibition prior to the sale permits buyers to establish the conditions of the works offered for sale. However in this period of pandemie the photos are worth exhibition, and no claims will be admitted once the award is pronounced. The reproductions in the catalog of works are as faithful as possible, a difference in color or tones is nevertheless possible. The dimensions are only given as an indication. The text in French is the official text which will be retained in case of dispute. The descriptions in other languages and the indications of dimensions in inches are given only as an indication and cannot be at the origin of a complaint. The state of conservation of the works is not specified in the catalog, the buyers are therefore obliged to ask for additional photos, videos and/ or condition reports. No claim will be accepted concerning possible restorations or accidents once the auction has been pronounced. The condition reports requested from SAS Claude Aguttes and the expert before the sale are given for information only. They do not engage their responsibilities and cannot be the cause of a legal claim. Under no circumstances do they replace the personal examination of the work by the buyer or his representative.

BIDS

The highest and final bidder will be the purchaser. Should the auctioneer recognize two simultaneous bids on one lot, the lot will be put up for sale again and all those present in the saleroom may participate in this second opportunity to bid. Important : Bidding is typically conducted in the auction house. However, we may graciously accept telephone bids from potential buyers who have made the request. We bear no responsibility whatsoever in the case of uncompleted calls made too late and/or technical difficulties with the telephone. We also accept absentee bids submitted prior to the sale. Aguttes won’t be held responsible in case of errors and omissions with the execution of the written bids. We reserve the right to accept or deny any requests for telephone or absentee bidding. In carrying a bid, bidders assume their personal responsibility to pay the hammer price as well as all buyer’s fees and taxes chargeable to the buyer. Unless a written agreement established with Claude AGUTTES SAS, prerequisite to the sale, mentioning that the bidder acts as a representative of a third party approved by Claude AGUTTES SAS, the bidder is deemed to act in his or her own name. We remind our sellers that bidding on their own items is forbidden. Important : During the confinement period, sales are made behind closed doors with live transmission.

TELEPHONE BIDDING : We accept to receive telephone bids from a potential buyer who has come forward prior to the sale. We cannot be held liable in particular if the telephone connection is not established, is established late, or in the event of errors or omissions relating to the reception of bids by telephone.

ORDERS TO BUY : We accept the bidding orders that have been transmitted. We are not liable in particular in the event of an error or omission in the written order.

BIDS THROUGH DROUOT DIGITAL OR OTHER LIVE PLATFORM

Live bidding is allowed during the auction. Bids are made through drouotonline.com, which is a platform that allows remote electronic bidding. It is necessary to register beforehand and make sure that the registration is validated. A bidding ceiling may be announced according to the sales, it is necessary to deposit a deposit beforehand in order to bid freely during the sale. The buyer via this platform or any other platform proposed for live purchases is informed that the fees charged by these platforms will be at his expense (a commission of 1.80% including tax (fees 1.5% excluding tax and VAT 0.30%) cf. Auction via Drouot Digital). Aguttes auction house will not be to blame for any technical difficulties or malfunctioning of any kind that prevents buyers from bidding online through live platforms. The break in transmission of a live bidding service during the auction doesn’t necessarily justify its halt by the auctioneer.

COLLECTION OF PURCHASES

The lots not claimed on the day of the auction can be retrieved by appointment : please contact the person in charge. For lots placed in warehouses, costs and expenses will be at the buyer’s charge. For lots stored at Aguttes – except specific conditions if mentioned (Mobilier & objets d’art & Design) – buyers are advised that the following storage costs will be charged :

- 15 € / day for lots < € 10,000, and 30 € / day for lots > € 10,000

- 3 € / day for any other lot < 1m3 & 5 € / day / m3 for the ones > 1m3.

Buyers are advised to collect successful lots by the carrier of their choice as soon as possible to avoid handling and storage costs which will be required before collection of purchase. In case of impossibility to remove the batches due to the current sanitary crisis, these deadlines will exceptionally be extended according to a specific agreement with the sales department concerned. The auctioneer is not responsible for the storage of purchased lots. If payment is made by wire transfer, lots may not be withdrawn until the payment has been cleared, foreign cheques are not accepted. From the moment the hammer falls, sold items will become the exclusive responsability of the buyer. The buyer will be solely responsible for the insurance, L’H.tel des Ventes de Neuilly assumes no liability for any damage to items which may occur after the hammer falls. The purchased lots will be delivred to the buyer in person. Should the buyer wish to have his/her lot delivered to a third party the person must have a letter of authorization along with a photocopy of the identity card of the buyer. Export formalities can take 4 months to process and are the buyer’s responsability. Please contact the H.tel des ventes de Neuilly if you need more information concerning this particular matter.

PAYMENT

We recommend that buyers pay by credit card or electronic bank transfer. In compliance with Article L.321-14 of French commercial law, a property sold at auction can be delivered to the buyer only once the auction firm has received payment or complete guarantee of payment.

Legally accepted means of payment include :

• Cash (article L.112-6, L.112-8 and Article Article L.112-8 paragraph 2 of the Monetary and Financial Code)

. max. 1 000 €

. max. 15 000 € for private individuals who have their tax domicile abroad (upon presentation of a valid passport)

• Payment on line (max 10 000 €) : http ://www.aguttes.com/paiement/index.jsp

• Electronic bank transfer

The exact amount of the invoice from the buyer’s account and indicating the invoice number. (Note : Bank charges are the buyer’s responsibility.)

Banque de Neuflize, 3 avenue Hoche 75008

Titulaire du compte : Claude AGUTTES SAS

Code Banque 30788 – Code guichet 00900

NÅã compte– Cl. RIB 23

IBAN FR76 3078 8009 0002 0586 9000 223

BIC NSMBFRPPXXX

• Credit cards : 1.1% TTC commission will be charged for payments exceeding €50,000

• American Express : 2.95%TTC commission will be charged

• Distance payments and multi-payments for one lot with the same card are not allowed

• Cheques (if no other means of payment is possible)

. Upon presentation of two pieces of identification

. Important : Delivery is possible after 20 days

. Cheques will be deposited immediately. No delays will be accepted

. Payment with foreign cheques will not be accepted

PAYMENT DEFAULT

Settlements are cash. In the event of late payment on winning bids SAS CLAUDE AGUTTES will claim the legal rate of interest, plus five percent. A minimum fee of €500 will also be due for any other costs incurred by reason of default, including the following in the case of resale on false bidding :

- The difference between the price at which the lot was auctioned and the price obtained at its resale;

- The costs incurred by new auctioning.

LAW AND JURISDICTION

In accordance with the law, it is added that all actions in public liability instituted on the occasion of valuation and of voluntary and court-ordered auction sales are barred at the end of five years from the hammer price or valuation. These Conditions of purchase are governed by French law exclusively. Any dispute relating to their existence, their validity and their binding effect on any bidder or buyer shall be submitted to the exclusive jurisdiction of the Courts of France.

SPECIAL CONDITION LINKED TO THE ACQUISITION OF A PHYSICAL WORK ACCOMPANIED BY ITS NON-FUNGIBLE TOKEN (NFT)

PREAMBLE - TRUSTED THIRD PARTY

Each NFT sold at public auction is stored before the sale in a dedicated wallet of SAS AGUTTES as a trusted third party. The SAS AGUTTES wallet is freely accessible and corresponds to an escrow wallet in order to guarantee the delivery of the NFT to the winning bidder.

DESCRIPTION AND STATUS OF THE LOTS

The NFT is the abbreviation of the English term "Non Fungible Token". A token is a digital asset issued by a single blockchain and is based on digital art. The NFT associated with the work being auctioned is a digital work that is separate from the physical work. Like any object or cryptocurrency, the NFT and the work it accompanies has the value that one agrees to give it. The NFT sold exclusively as a digital work is not a tangible personal property, as its materialisation can only be achieved by printing its image on paper. The successful bidder may not in any case demand the physical delivery of the NFT that accompanies the work, given its immaterial nature. The adjudication of a physical work and its NFT sold as a digital work in the same lot makes the last bidder the successful bidder for the physical work and the digital work. The NFT being an intangible personal property, its condition, its consistency, its visual and its description can be consulted on the escrow wallet of SAS AGUTTES. In order to inquire about the condition of an item (details of major defects, nature of wear and tear or other minor defects, etc.), the auction house remains at the disposal of the potential buyer to inform him/her before the sale, the request of the interested party having to be received at the latest 24 hours before the beginning of the public auction. As the sale is held in the auction room and on the internet, the description of the states and the presentation of the photos on the website are equivalent to prior exposure of the NFTs, which can also be consulted on the firm's escrow wallet, access to which is indicated in the communications, the catalogue and on simple request. In order to materialise the NFT auction by linking the physical work to the immaterial work, the QR code of the NFT will be reproduced on the back of the physical work and will redirect the NFT work to the Aguttes wallet on OpenSea.com. At the request of the successful bidder, subject to payment and receipt of the physical work, SAS AGUTTES may transfer the NFT within 48 hours to the bidder's wallet.

ADJUDICATION

The successful bidder who does not have a personal wallet allowing him to receive an NFT may ask SAS AGUTTES to create a personal wallet, which is invoiced at 150 € excluding VAT.

COSTS OF TRANSFERRING NFTS BETWEEN WALLETS

The successful bidder shall bear all the costs of transferring NFT :

- between the lot owner's wallet and the firm's escrow wallet (this fee will be included in the buyer's bill)

- between the AGUTTES wallet and the personal wallet of the winning bidder

Due to the novelty of this type of sale, the legal conditions governing them may oblige us to modify certain points in the conditions of sale before the sale. From now on, we would like to inform you that the final terms and conditions of sale at the time of the sale will be authoritative between us and that they will cancel the previous terms and conditions of sale. We therefore encourage you to review the final terms and conditions of sale just before bidding.