ANY PERSON PARTICIPATING IN THE AUCTION AGREES TO BE BOUND BY AND ACCEPTS FOLLOWING TERMS AND CONDITIONS FOR THE AUCTION:
All sales are strictly for cash in Swiss Francs (CHF), offsetting is excluded. In case of agreement of different terms of payment, the property will not be transferred to the buyer until full payment is being confirmed.
All bids are subject to a buyer’s premium, which is twenty-three percent (23 %) in addition to the placed successful bid. This applies to dealers as much as to private buyers. The buyer’s premium is subject to legal value added tax (VAT) regulations. If objects are marked with “H” or “I”, the VAT applies also to the hammer price in addition to the buyer’s premium. If the buyer procures an export declaration asserted by the Swiss customs authority within 30 days after the auction, the VAT on premium/ commission such as the award itself (in case it is subject to VAT) will be refunded. Therefore the tax amount must exceed CHF 60.- per account. The objects are auctioned in the name and on account of third parties.
The objects will be auctioned off in the state and condition they are at the very moment the bid is accepted. There is an opportunity to inspect the items during the exhibition prior to the auction. The objects are described to the best of the Auktionshaus Zofingen’s knowledge using the consigners’ indications. No guarantee can be given for neither the colour fidelity of the images in printed catalogues, online on our website such as on applications for smart phones and computer tablets, nor the accuracy of the indicated pictures compared with their originals. The Auktionshaus Zofingen as well as its employees can not be held liable. Any warranty for defects of title or defects as to quality is herewith explicitly excluded. Complaints made after the fall of the hammer can generally not be considered, as objects are auctioned in the name and on behalf of third parties, who can hold the Auktionshaus Zofingen, according to its terms and conditions, liable. Therefore withdrawal of objects is excluded under all titles. In the event of intentional misconduct, the buyer must provide the necessary written demonstration by an expert fully acknowledged by both parties to his own costs within 60 days after the auction. Provided that the objects are in the original condition of the moment the bid is accepted. The prices indicated in the catalogue are non-binding estimates in Swiss Franks (CHF), bidding begins about 20 % below. Relevant are the possible limits given by the consigner; numerous objects however have no limits. The published times of bidding are with no guarantee.
All objects in the auction are without any exceptions used items. They are in a condition according to their age and provenience. Special reference is only provided when considered relevant. All declarations of signatures, hallmarkings, labellings, ascriptions, eras, dates, materials, possible repairs, conditions and possibly available expertises and so on are to be verified by the potential purchaser on the occasion of the auction preview. Despite careful examination no guarantee for the completeness of groups of books and bigger rows can be given. Books are not collated in general. Clocks and watches are sold based on their decorative value. Their functionality can not be taken for granted. Any warranty for functioning and condition of technical, electric operated and optical instruments and possible consequences arising from operation of the equipment is excluded. No guarantee can be given for possible chemical or technical processing of gemstone. For the gemmological descriptions (such as colour and level of purity) mentioned in the catalogue can not be fully guaranteed, as gem stones are estimated in setted state. All written and oral statements in any kind are no assurances, guarantees of performance, warranties or nothing of the sort, but merely expressions of opinion, that can be changed at any time. Tacit assumptions, expectations and conditions are excluded. The catalogue descriptions correspond to a “condition report” and no further written reports of condition shall be made in any way. The German version of the catalogue descriptions shall be valid only. The automated translation function in additional languages is only a service put at disposal. The Auktionshaus Zofingen reserves the right to correct catalogue descriptions. If done so the changes will be di closed on the occasion of the respective bidding.
The successful bidder acquires the auction item only after full payment of the award and the buyer’s premium such as the VAT and possibly arisen default interests, losses, packaging and shipping charges. All benefits and risks shall pass to the successful bidder. The visitor is responsible for all damages caused by himself, the auctioneers reserve the right to hold him liable according to his due diligence.
The purchaser shall be obligated to neglect the required declarations to the completion of his auction order to the Auktionshaus Zofingen. This includes proof of identity, bank reference, additional securities and so on. He guarantees for the provided information, they must be clear and complete at the discretion of the Auktionshaus Zofingen. Uncertainties shall be on the bidder’s account. Floor bidders shall ask a bidder’s number at the entrance of the auction hall on the auction day. Herewith bids must be submitted clearly visible to the auction management. The auctioneer reserves the right to refuse bidders to the auction. For technical reasons there is no warranty for the correctness of the displayed catalogue numbers and the respective images by means of electronic medias.
The making of a bid signifies a binding purchase offer. The bidder shall remain bound by his bid until it is either overbid or declined by the auction management. Possible double bid is called out anew immediately; in cases of doubt the auction management decides conclusively.
All bids should whenever possible be submitted online and must exclusively be made in Swiss Francs (CHF). They must be received at the latest Tuesday noon 12 p.m. prior to the auction. Subsequent bids can only be accepted conditionally. The Auktionshaus Zofingen rejects all liability for either unconsidered written, telephone, electronically transmitted and floor bids or establishing and maintaining the national and international telephone connection. Telephone bids can not be recorded by the Auktionshaus Zofingen. Written bids are carried out in competition with other bidders. When identical bids are submitted, preference is given to the first received. Legally binding is the catalogue number, not the name of the item. Each purchaser is personally liable for his purchases and can not claim to act for a third party.
The auctioneers reserve the right to refuse any bid without declaration of reasons. The purchaser can not claim information concerning the consignor. The vendors are prohibited from placing bids on their own offers.
The full net sales price will be due for payment by date of invoice. The purchaser shall be liable for possible compensation to result from delay or outstanding amounts to both the Auktionshaus Zofingen and the vendor. He takes liability for loss of commission and inconveniences. Due to no or delayed payment, the auctioneer can either insist on fulfilment of the purchase agreement or cancel the successful bid at any time without allowing a period of notice. The successful bidder is liable for all prejudice and losses (interest of 1 % per month) caused by nonpayment or late payment and, should the successful bid be cancelled, particularly for any loss of proceeds if the auctioned object is sold to either a different bidder at the same auction, a third party at a later auction or in private sale elsewhere. The auctioneer is free to choose the recovery of the object. It is hereby agreed that the Auktionshaus Zofingen holds the right of retention and lien on all assets until full payment of all amounts owed. The buyer whose successful bid has been cancelled shall have no claim on the grounds of any higher price being achieved.
The bought items may be collected from our premises in Zofingen, Klösterligasse 4, during the running auction and in the following week, Monday to Saturday, 9 a.m. to 4 p.m. The objects are unpacked. After this date the objects are put in storage at the expense of the buyer (CHF 1.- per day and object). Distribution of fragile objects is only possible with restrictions. It is within the discretion of the Auktionshaus Zofingen to issue these. Any transport is carried out at the risk and costs of the buyer/recipient. The shipping-order must be announced together with the bidder form. The incurred packing and shipping costs are demanded by operating expenses. The buyer must organize delivery by courier (including the necessary freight documents) on his own invoice and customer number. The Auktionshaus Zofingen must be notified about the collection in advance. For customs clearances and taxes (VAT) apply the corresponding tarif regulations. In the event that your country of residence is not listed below, get informed by your customs authority. The Auktionshaus Zofingen refuses liability for not collected objects. The Auktionshaus Zofingen declines to accept responsibility for any declaration made to the customs authority concerning import and export. These include age, value and provenience and so on as well as the taxes concerning these. Please not the regulations concerning Cultural Property Transfer Act (CPTA) that have been in force since June 1st 2005, such as the federal law CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora); it regulates since October 1st 2013 the control of legal transfer of protected animal and plant species.
The terms and conditions stated above are an integral part of every purchase contract concluded at the auction and in the post sale. Modifications are only valid if they are agreed in writing. Only the German version of the terms and conditions of auction is decisive.
The place of performance and the sole place of jurisdiction for all parties involved including consigning/selling third parties is Zofingen (Aargau) in Switzerland. The Auktionshaus Zofingen is, however, entitled to take legal action before any other competent court. Every bidder taking part in the auction thereby explicitly accepts the terms and conditions stated above without reservations, amendments or objections. All business relations with the Auktionshaus Zofingen AG, Klösterligasse 4, CH-4800 Zofingen shall be exclusively governed by Swiss law. Sales tax identification number (VAT): CHE-106.480.461 MWST