Conditions of Sale

Courtesy translation — only the German version of these Conditions of Sale is authoritative.

By participating in the auction, the following conditions are accepted.

1.

The auction objects are sold at auction by Auktionshaus Zofingen AG in the name and for the account of the consignor of the object to be auctioned («consignor»). Auktionshaus Zofingen AG acts in another's name and for another's account as direct representative of the consignor within the meaning of Art. 32 para. 1 of the Swiss Code of Obligations.

The hammer falls to the bidder recognised by Auktionshaus Zofingen AG in the course of the auction with the highest bid in Swiss francs («CHF»), whereby the object knocked down gives rise to a binding contract of sale between consignor and buyer. Auktionshaus Zofingen AG does not become a party to the contract of sale.

2.

2.1. Auction objects are purchased against cash payment in CHF. Set-off is excluded. If another mode of payment is agreed, ownership passes to the buyer only once verification by Auktionshaus Zofingen AG has confirmed full payment as secured.

2.2. In addition to the hammer price, the buyer shall pay a premium of 23 % on the hammer price. This applies to dealers and private individuals alike. Statutory value added tax (VAT) is levied on the premium. For auction objects marked «H» (trade) or «I» (import), VAT is due on the hammer price in addition to the premium. If the buyer provides an export declaration stamped by Swiss customs within 30 days of the auction and the tax amount per settlement exceeds CHF 80.–, the VAT on the premium — and on the hammer price where this is also subject to VAT — is refunded.

2.3. The prices stated in the auction catalogue are non-binding estimates in CHF; the starting price is around 20 % below. Any reserves stipulated by the consignors are decisive; many auction objects are, however, unreserved. The published calling times are without guarantee.

3.

3.1. The objects offered at auction are without exception used. They show a state of preservation consistent with their age and provenance; specific mention is made only where considered relevant. All information on signatures, hallmarks, markings, attributions, periods, dates, materials, any repairs, condition and any existing expert opinions etc. is to be verified by the prospective buyer during the preview/exhibition. For lots of books and larger series, no guarantee of completeness can be given despite careful processing. Books are as a rule not collated. Watches and clocks are sold on the basis of their decorative value; their working order cannot be assumed. Any liability for the function and condition of technical, electrically operated and optical instruments and for any consequences of their operation is excluded. The gemmological descriptions published in the catalogue, such as colour and clarity, cannot be absolutely guaranteed, as the gemstones were assessed in their mounted state. Unless stated otherwise in the text, gemstones, ornamental stones and pearls were not tested for possible treatments. All oral and written statements of any kind are not warranties, promises of performance, guarantees or the like, but merely expressions of opinion that may be changed at any time. Implied assumptions, expectations and conditions are excluded.

The German version of all catalogue entries is authoritative; the automated translation into other languages is provided merely as a service. Auktionshaus Zofingen AG reserves the right to correct catalogue entries; corrections are announced when the object in question is called during the sale.

3.2. The objects are auctioned in the condition they are in at the moment the hammer falls. During the preceding exhibition, the auction object may be examined in detail. The attribution and description of the auction objects are made to the best of our knowledge and belief, using the information provided by the consignor. No guarantee can be given for the colour fidelity of the illustrations or for the accuracy of the images displayed and their details compared with the original. Auktionshaus Zofingen AG and its employees cannot be held liable. Any warranty for defects of title or quality is therefore expressly excluded. After the hammer has fallen, complaints cannot as a rule be considered, since the auction objects are sold in the name and on behalf of third parties. The return of auction objects is therefore excluded under any title.

3.3. A forgery exists where, in the reasonable opinion of Auktionshaus Zofingen AG, the auction object is an imitation created with intent to deceive as to authorship, age, period, culture or origin, where the correct description of these matters is not reflected in the catalogue description (taking into account any addenda), and where this circumstance substantially impairs the value of the object compared with an object corresponding to the catalogue description. An object is not deemed forged if it is merely damaged and/or has undergone restoration work and/or alterations of any kind.

Rescission does not take place, at the discretion of Auktionshaus Zofingen AG, if (a) the description of the auction object in the catalogue was consistent with the opinion of an expert or with the prevailing opinion of experts, or the catalogue description indicated that differences of opinion existed, or (b) at the time the hammer fell, the forgery could not yet be identified as such — or only at disproportionate expense — according to the state of research and using generally recognised and customary methods.

The buyer may demand rescission from Auktionshaus Zofingen AG (as representative of the consignor) for a period of two years from the day of the hammer (three weeks for jewellery). This right is granted exclusively to the buyer and may not be assigned to third parties. Asserting the claim requires that the buyer raises a complaint with Auktionshaus Zofingen AG by registered letter immediately upon discovery of the defect and returns the forged auction object in the same condition as it was handed over to the buyer and free of third-party claims. The buyer must prove that the auction object is a forgery. Auktionshaus Zofingen AG may require the buyer to obtain, at the buyer's own expense, opinions from two independent experts recognised in the field. Auktionshaus Zofingen AG is not bound by such opinions.

An auction object is not deemed forged if it is merely damaged and/or has undergone restoration work and/or alterations of any kind.

4.

The buyer acquires the auction object only after full payment of the hammer price and premium as well as VAT and any default interest, losses, storage, packing and shipping charges. Benefit and risk pass to the buyer when the hammer falls. Visitors and buyers are responsible for all damage they cause; they are held to their duty of care.

The bidder/buyer undertakes to provide Auktionshaus Zofingen AG with the information needed/requested to execute the auction mandate, such as official proof of identity, bank reference, further security etc., and guarantees the accuracy of the information provided; it must be clear and complete at the discretion of Auktionshaus Zofingen AG. Ambiguities are at the expense of the bidder/buyer. Bidders present in the saleroom are required to obtain a bidder number at the entrance on the day of the auction, by means of which they place their bids clearly visibly for the auctioneer. It is at the auctioneer's discretion to exclude a bidder from the auction. No guarantee is given for the accuracy of the catalogue numbers and images of the auction objects displayed by electronic media.

The placing of a bid constitutes a binding offer to buy. The bidder remains bound by the bid until it is either expressly outbid or rejected by the auctioneer. Any double bids are immediately called again; in cases of doubt, the auctioneer decides conclusively.

Absentee bids are to be submitted online wherever possible and are valid exclusively in CHF. They must be received by noon (12:00) on the Tuesday before the auction at the latest. Later submissions are accepted only subject to reservation. Auktionshaus Zofingen AG declines any liability for written, telephone, electronically transmitted or saleroom bids not taken into account, as well as for the failure or maintenance of national and international telephone connections. Likewise, no liability is assumed for the failure of internet connections or technical problems during the live auction, or for erroneous or accidentally placed bids. Telephone bids may be recorded by Auktionshaus Zofingen AG. Written absentee bids are executed in competition with other bidders. Where two written bids are equal in amount, the earlier receipt prevails. Where bids of equal amount originate from different sources — written, by telephone, in the saleroom or via online bidding platforms (our own or connected third-party platforms such as Drouot Online or Invaluable) — the auctioneer decides at due discretion. The auctioneer's decision is final. The stated catalogue number, not the title of the object, is binding. Every buyer is personally liable for their purchases and cannot claim to have acted on behalf and for the account of third parties.

The auctioneer is free to reject a bid at any time without stating reasons. The bidder/buyer has no claim to disclosure of information concerning the seller/consignor. Consignors are prohibited from bidding on their own objects.

5.

Payment is due in full net as per the invoice date; the bidder/buyer is liable for damage arising from delay or outstanding claims both towards Auktionshaus Zofingen AG and towards the seller/consignor. The bidder/buyer is held liable for lost commissions and expenses. If payment is not made, or not made in time and in full, Auktionshaus Zofingen AG may at its option demand performance of the contract of sale or annul the hammer at any time, even without setting a grace period. In any event, the buyer is liable for all damage and losses arising from non-payment or late payment (interest of 1 % per month), in particular, where the hammer is annulled, for any shortfall in proceeds, whether the object is knocked down to another bidder of the same auction or to a third party at a later auction or sold by private treaty, the auctioneer being entirely free in realising the object. The buyer whose hammer was annulled has no claim to any surplus proceeds. It is hereby agreed that Auktionshaus Zofingen AG holds a right of retention and pledge over all assets until full payment of all amounts owed.

6.

Purchased auction objects may be collected during the ongoing auction and in the following week, Tuesday to Saturday, from 10 – 12 | 14 – 17 h, at the domicile of Auktionshaus Zofingen AG (premises at Klösterligasse 4, Zofingen). Auction objects are unpacked. After the aforementioned date, the auction objects are stored at the buyer's expense. The storage fee is at least CHF 2.– per day and auction object; for bulky or particularly care-intensive objects it is charged according to actual expense. Shipping of fragile auction objects is possible only with restrictions; the decision lies with Auktionshaus Zofingen AG. All transport is at the risk, peril and expense of the buyer/recipient. The shipping order is to be registered together with the bidding form; the packing and freight costs incurred are charged with the invoice according to expense. Courier deliveries are to be organised by the buyer, including the necessary freight documents, on the buyer's own invoice and client number, Auktionshaus Zofingen AG to be informed of the collection in advance. Please note that for international shipments all customs duties and import taxes (VAT or its international equivalents) and all further charges levied by the destination country are additionally and fully at the recipient's expense. Auktionshaus Zofingen AG assumes no guarantee for auction objects not collected in time. Auktionshaus Zofingen AG declines any liability for the information declared at customs on import and export concerning age, value, provenance etc. and for the taxes and charges calculated and due on the basis of that information and their correct settlement with the customs and tax authorities.

For auction objects subject to Swiss cultural property legislation (CPTA) or to Regulation (EU) 2019/880 on the introduction of cultural goods, the buyer is responsible for obtaining all export and import documents and official permits. Auktionshaus Zofingen AG does not ship such objects abroad; handover takes place at the registered office in Zofingen or through a carrier appointed by the buyer. Refusal, delay or subsequent revocation of an official import permit in the country of destination does not constitute grounds for rescission or reduction of the contract of sale.

Relevant are the provisions in force since 1 June 2005 concerning the CPTA (Federal Act on the International Transfer of Cultural Property) and the Federal Act on the trade in animals and plants of protected species (BGCITES, «Convention on International Trade in Endangered Species of Wild Fauna and Flora»), which since 1 October 2013 governs the control of legal trade in products of protected animal and plant species.

7.

The foregoing conditions form part of every contract of sale concluded at the auction as well as in the post-auction sale. Amendments are valid only in writing and by mutual agreement. Only the German version of these Conditions of Sale is authoritative.

8.

Place of performance and exclusive place of jurisdiction for all parties, including the consigning/selling third party, is Zofingen/Aargau. With every bid placed, the bidder expressly and without objection accepts all of the above points of the Conditions of Sale. All business relations with Auktionshaus Zofingen AG are governed exclusively by Swiss law.