The auction lots are sold by Auktionshaus Zofingen AG in the name and on the account of the consignor of the lot offered for sale (“Consignor”). In so doing, Auktionshaus Zofingen AG acts as the direct representative of the Consignor within the meaning of Art. 32 para. 1 of the Swiss Code of Obligations.
The hammer falls in favour of the bidder recognised by Auktionshaus Zofingen AG during the auction with the highest bid in Swiss francs (“CHF”); this gives rise to a binding contract of sale between the Consignor and the buyer in respect of the lot concerned. Auktionshaus Zofingen AG does not become a party to the contract of sale.
2.1. Auction lots are purchased against cash payment in CHF. Set-off is excluded. If a different method of payment is agreed, title to the lot passes to the buyer only once Auktionshaus Zofingen AG has verified that full payment is secured.
2.2. In addition to the hammer price, the buyer shall pay a buyer’s premium of 23% on the hammer price. This applies equally to dealers and private buyers. Statutory value added tax (VAT) is levied on the buyer’s premium. For lots marked with “H” (Handel/trade) or “I” (Import), VAT is also payable on the hammer price in addition to the premium. If the buyer provides an export declaration stamped by Swiss Customs within 30 days after the auction and the tax amount per invoice exceeds CHF 80.–, the VAT on the buyer’s premium, and on the hammer price where the latter is also subject to VAT, will be refunded.
2.3. The prices stated in the auction catalogue are non-binding estimates in CHF; the opening bid is approximately 20% below. Reserves stipulated by Consignors are determinative; many lots, however, are unreserved. Published call times are without warranty.
3.1. All items offered at auction are without exception used. Their condition corresponds to their age and provenance; specific mention is made only where considered relevant. All particulars regarding signatures, hallmarks, markings, attributions, periods, dates, materials, any restorations, condition and any existing expert opinions etc. must be verified by the prospective buyer during the pre-sale viewing/exhibition. For convolutes of books and larger sets, completeness cannot be guaranteed despite careful handling. Books are generally not collated. Watches are sold on the basis of their decorative value; their operational state cannot be assumed. Any liability for the function and condition of technical, electrically operated and optical instruments and any consequences arising from their operation is excluded. The gemological descriptions published in the catalogue, such as colour and clarity, cannot be guaranteed absolutely, as the gemstones were assessed in their mounted state. Unless otherwise stated in the description, no examination of gemstones, semi-precious stones and pearls for any treatments has been carried out. All verbal and written statements in any form are not assurances, performance promises, guarantees or the like, but merely expressions of opinion which may be changed at any time. Implied assumptions, expectations and conditions are excluded. The catalogue descriptions constitute a “Condition Report”; no further written condition reports of any kind will be issued.
The German version of all catalogue particulars shall in principle prevail; the automated translation function into other languages is provided merely as a service. Auktionshaus Zofingen AG reserves the right to correct catalogue particulars; such corrections will be communicated during the auction when the respective lot is called.
3.2. Items are sold in the condition in which they are at the moment the hammer falls. During the preceding exhibition, prospective buyers have the opportunity to inspect the lot in detail. Attributions and descriptions are made to the best of our knowledge and belief, using the particulars supplied by the Consignor. No warranty can be given for the colour fidelity of the illustrations or for the accuracy of the displayed images and their details compared with the original. Auktionshaus Zofingen AG and its staff cannot be held liable. Any warranty for defects in title or quality is hereby expressly excluded. After the hammer has fallen, complaints can in principle no longer be considered, as the lots are sold in the name and on behalf of third parties. The return of auction lots is therefore excluded on any ground whatsoever.
3.3. A forgery exists where, in the reasonable opinion of Auktionshaus Zofingen AG, the lot is an imitation created with intent to deceive in respect of authorship, age, period, culture or origin, where the correct description of such matters is not reflected in the description in the auction catalogue (taking into account any addenda), and where this circumstance materially impairs the value of the lot compared with an item corresponding to the catalogue description. An item is not deemed to be forged where it has merely been damaged and/or subjected to restoration work and/or alterations of any kind.
Rescission shall not take place at the discretion of Auktionshaus Zofingen AG where (a) the description of the lot in the auction catalogue was in accordance with the opinion of a specialist or with the prevailing opinion of specialists, or where the description in the auction catalogue indicated that there were differing opinions on the matter, or (b) the forgery was, at the time the hammer fell, not recognisable as such according to the state of research and with generally accepted and customary methods, or only recognisable with disproportionate effort.
The buyer may demand from Auktionshaus Zofingen AG (as representative of the Consignor) rescission for a period of two years from the date the hammer fell (three weeks in the case of jewellery). This right is granted exclusively to the buyer and may not be assigned to third parties. The assertion of the claim requires that the buyer, immediately upon discovery of the defect, gives notice of defect to Auktionshaus Zofingen AG by registered letter and returns the forged lot to Auktionshaus Zofingen AG in the same condition in which it was handed over to the buyer and free from any third-party claims. The burden of proving that the lot is a forgery rests with the buyer. Auktionshaus Zofingen AG may require the buyer to obtain, at the buyer’s own cost, expert opinions from two independent experts recognised in the field. Auktionshaus Zofingen AG is not bound by such expert opinions.
A lot is not deemed to be forged where it has merely been damaged and/or subjected to restoration work and/or alterations of any kind.
The buyer acquires the lot only upon full payment of the hammer price, the buyer’s premium and VAT, as well as any default interest, losses, storage, packaging and shipping charges. Benefit and risk pass to the buyer when the hammer falls. Visitors and any successful bidders are responsible for any damage they cause and are liable in respect of their duty of care.
The bidder/buyer undertakes to provide Auktionshaus Zofingen AG with the necessary or requested information for the execution of the bidding instruction, such as official proof of identity, bank reference, further security and the like, and warrants the particulars provided; these must, in the discretion of Auktionshaus Zofingen AG, be clear and complete. Any ambiguities are at the bidder’s or buyer’s expense. Bidders attending in person are required to obtain a paddle number at the entrance to the saleroom on the day of the auction, by means of which they shall place their bids visibly for the auctioneer. The auctioneer reserves the right not to admit a bidder to the auction. No warranty is given for the accuracy of the visually displayed catalogue numbers or images of the respective lots transmitted via electronic media.
The placing of a bid by a bidder constitutes a binding offer to purchase. The bidder remains bound by their bid until it is either expressly outbid or rejected by the auctioneer. Any tied bids will be re-called immediately; in cases of doubt, the auctioneer decides conclusively.
Absentee bids should, wherever possible, be submitted online and shall apply exclusively in CHF. They must be received by no later than 12:00 noon on the Tuesday before the auction. Later submissions are accepted only subject to reservation. Auktionshaus Zofingen AG accepts no liability for written, telephonic, electronically transmitted or in-saleroom bids that are not taken into account, nor for the failure to establish or maintain national and international telephone connections. Likewise, no liability is accepted for the failure of internet connections or technical problems during the live auction, nor 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. In the case of two written absentee bids of the same amount, the earlier submission prevails. In the case of bids of the same amount from different sources — written, telephonic, in the saleroom or via online bidding platforms (Auktionshaus Zofingen AG’s own platform or connected third-party platforms such as Drouot Online or Invaluable) — the auctioneer decides at their dutiful discretion. The decision of the auctioneer is final. The stated auction catalogue number, and not the title of the item, is binding. Every successful bidder is personally liable for their purchases and may not claim to have acted on behalf or for the account of third parties.
The auctioneer is free at any time to reject a bid without giving reasons. The bidder/buyer has no entitlement to disclosure of any information concerning the seller/Consignor. Consignors are prohibited from bidding on their own lots.
Payment is due in full and net as of the invoice date; the bidder/buyer is liable for damages arising from any delay or outstanding claim both to Auktionshaus Zofingen AG and to the seller/Consignor. The bidder/buyer is held liable for any lost commissions and incidental costs. If payment is not made, or is not made in time and in full, Auktionshaus Zofingen AG may, at its option, demand performance of the contract of sale or, at any time and without setting a grace period, annul the hammer. In any event, the buyer is liable for all damages and losses arising from non-payment or late payment (1% interest per month), in particular, in the event of annulment of the hammer, for any reduced proceeds, whether the item is awarded to another bidder of the same auction or to a third party at a subsequent auction, or sold by private treaty, in which case the auctioneer is entirely free in the disposal of the item. It is hereby agreed that Auktionshaus Zofingen AG has a right of retention and a lien over all assets until full payment of all amounts due. The buyer whose hammer has been annulled has no claim to any excess proceeds.
Purchased lots may be collected during the ongoing auction and in the following week, Tuesday to Saturday, from 09:00 to 16:00, at the registered office of Auktionshaus Zofingen AG (premises at Klösterligasse 4 in Zofingen). The lots are unpackaged. After the aforementioned date, lots will be placed in storage at the buyer’s expense. The storage fee amounts to a minimum of CHF 2.– per day and per lot; for bulky or particularly maintenance-intensive items, the fee is charged according to actual cost. Shipping of fragile lots is possible only subject to limitations; the decision rests with Auktionshaus Zofingen AG at its discretion. All transport is at the risk, peril and cost of the buyer/recipient. The shipping instruction must be indicated already on the bidding form; the resulting packaging and freight costs will be invoiced according to actual expenditure. Courier deliveries must be organised by the buyer, including the necessary shipping documents, on the buyer’s own account and customer number; Auktionshaus Zofingen AG must be informed of the collection in advance. Please note that, for international shipments, all customs duties and import taxes (VAT or its international equivalents) as well as all further charges levied by the country of destination are payable additionally and in full by the recipient. Auktionshaus Zofingen AG accepts no liability for lots not collected by the deadline. Auktionshaus Zofingen AG accepts no liability for the particulars declared and asserted at customs upon import and export concerning age, value, provenance etc., nor for the taxes and charges calculated and due on the basis of such particulars or for their correct settlement with the customs and tax authorities.
For lots subject to Swiss cultural property legislation (KGTG, Cultural Property Transfer Act) or to Regulation (EU) 2019/880 on the introduction of cultural goods, the procurement of all export and import documents and official permits is the responsibility of the buyer. Auktionshaus Zofingen AG does not undertake shipment abroad of such lots; collection takes place at the registered office in Zofingen or by a carrier instructed by the buyer. The 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.
The provisions in force since 1 June 2005 regarding the KGTG (Federal Act on the International Transfer of Cultural Property, Cultural Property Transfer Act) and regarding BG CITES (Federal Act on Trade in Animal and Plant Species Protected, “Convention on International Trade in Endangered Species of Wild Fauna and Flora”) apply; the latter, in force since 1 October 2013, governs the control of the lawful trade in products of protected animal and plant species.
The foregoing conditions form part of every individual contract of sale concluded at the auction as well as in any after-sale. Amendments are valid only in writing and by mutual agreement. Only the German version of these Conditions of Sale is legally binding; this English version is provided as a courtesy translation.
The place of performance and the exclusive place of jurisdiction for all parties involved, including the consigning/selling third party, is Zofingen/Aargau. By placing a bid, the bidder expressly and without objection acknowledges all of the above provisions of these Conditions of Sale. Swiss law applies exclusively to all business relationships with Auktionshaus Zofingen AG.
