Conditions de vente acheteur
Terms and Conditions:
Participation in auctions implies unconditional acceptance of the terms
of sale.
1. The sale will be expressed in Swiss Francs and without warranty.
Payment shall be made in cash or via bank transfer in Swiss Francs.
Cheques are not accepted, neither credit cards, unless you attend the
sale in person. If you like to transfer the amount in Euros, you must first
claim for an invoice in Euros and the proper account number.
2. Persons wishing to bid are requested to justify themselves before the
vacation by giving their first name, last name, phone numbers, address
and e-mail address in order to receive a paddle number. New
customers are kindly asked to legitimate their identity by presenting
their identity card.
As a general rule, bidding starts with the price stated in the catalogue.
The price listed next to the description is not an estimate price but a
starting price. If a reserve price has been set, the auctioneer may bid
on account of the vendor up to the one increment under the reserve
price, even if this one is higher than the starting price. No lot can be
sold under the reserve price.
Bid increments are generally of 10 %. The auctioneer may vary the
increments at his discretion.
The auctioneer reserves the right to refuse any bid and to sell individual
items in a different order to the one listed in the catalogue and to
divide, combine or exclude lots where he deems it appropriate.
Encheresdogny Reserves the right to change the order of attendance listed in the catalog, to separate, combine or exclude items for sale. The increment is generally 10%.
3. The bids must clearly and unequivocally express the will of the
bidder. The highest bid will be eligible for the lot. Any doubt connected
with the fall of the hammer should be expressed without delay. In case
of dispute between two bidders that cannot be settled immediately,
the auctioneer reserves the right to immediately restart the lot for
auction.
4. Descriptions in the sale catalogue, condition reports, label tags and
the verbal and written mentions are an expression of the lots from
Dognyauction and are not to be considered as an expression of a fact.
Note that the latest catalog updates appear exclusively on the reference site www.dognyauction.ch, customer is required to refer to the official website of the auction house for information or condition requiring complementarity.
These descriptions have no proof value, they can be modified at any
time. The objects are sold as they are with all faults and imperfections.
The buyer will make his own opinion on the lot by viewing them during
the exhibition. Dognyauction will assume no liability for obvious and
hidden deficiencies of any kind or errors of description. Descriptions for
the condition reports and evaluations are made with care but are
indicative, as per to the author's signatures, dates, provenances,
attributions, origins, authenticity and conditions of lots. Indications are
made to the best of one's knowledge and do neither constitute trade
descriptions nor any other type of guaranty or warranty. An indication
concerning an incident, an accident, a restoration of a lot is given only
to facilitate his inspection. The potential buyer must be his one judge.
Mentioning or not mentioning a restoration or a defect in a condition
report does not signify that the report is exhaustive.
5. The visitor is responsible for any damage he will cause to exposed
lots, this up to twice the departure price.
6. Absentee bidders may leave written or phone bids. Absentee bids
orders can be sent by mail, fax or through the website. They must be
received before 5.00 P.M. Swiss time the day before the sale. Purchase
orders are executed with care, discretion and without extra charge.
The auctioneer or his staff is not responsible for any connection
problems or failure in executing a bid for whatever reason.
Orders are registered according to their arrival time. If we receive
several written offers for the same lot at the same maximum bid, the lot
will be awarded to the bidder's offer posted first. Read also the advices
concerning order bids, packing, shipping and handling.
7. Phone bids are accepted at the starting price mentioned in the
catalogue. For lots with a starting price less or equal to 500 Swiss
Francs, the phone bid, even not reachable, is considered a firm offer
price at the starting price of the lot.
8. Buyer's premium is 20 % of the hammer price (that includes a
commission of 18.52% plus the appropriate legal value added tax VAT
of 8% on the commission). Buyer's premium may differ with online
bidding (refer to appropriate online bidding terms).
Bidders using a web platform to bid live are subject to a charge of 5% + VAT.
9. The benefits and risks pass to the buyer upon the award pronounced.
However, he becomes the owner of the object once the full payment is
occurred. The goods may not be handed over to the buyer until full
payment has been achieved.
10. Whoever intentionally obstructs or distorts the free play of the
auction will be subject to the penalties of police.
11. Lots must be paid for and removed at the end of sale or within 3
days after the sale, at the cost and risk of the purchaser. For absentee
bidders, lots should be paid within 10 working days after the sending of
the invoice.
Large objects not removed 20 days after the sale will be transferred to
a storehouse which will charge the buyer for moving and storing his
objects. The warehouse is not affiliated to Dognyauction.
12. On behalf and request of the buyer, we gladly arrange the sending
of his lot(s), but Dognyauction accept no liability for any damage that
may occur during the packing or shipping of the items.
13. Any dispute relating to the sale is subject to the exclusive
application of the Swiss law and the jurisdiction of the Courts of the
Canton of Vaud, regardless of the domicile of the parties.
14. Only the French version of the auction terms and conditions is
decisive and legally valid.
Premium:
1. Lots are put on sale by Aste Boetto at a public auction. Aste Boetto acts as exclusive agent in its own right and on behalf of each seller whose name is registered at Aste Boetto. The seller is responsible for the items on sale and Aste Boetto accepts no responsibility with regards to the buyer other than that which may derive from its position as agent.
2. The items are sold to the highest bidder for cash: in the case of disagreement between more than one high bidder, the disputed item may, at the sole discretion of the auc- tioneer, be relisted for new bidding during the same auction. When making a bid, the bidder accepts full personal responsibility to pay the price agreed inclusive of the Auction Commission and all other due fees and taxes.
3. Aste Boetto reserves the right to withdraw any lot from the auction. During the auction, the auctioneer has the right to separate or join lots and to change the order of their sale. The auctioneer may, furthermore, at his discretion, withdraw any lot which does not reach the reserve price agreed between Aste Boetto and the seller.
4. An auction commission of 23% is to be added to the final selling price. Goods marked "*" which are offered by sellers not subject to "margin regulations" (VAT paid on only the difference between the original purchase price and sale price) are subject to the auction commission of 23% plus VAT on the entire value of the sale item plus ex- penses.
5. The auction director may accept a specific mandate to bid for lots at a determined price and make offers on behalf of the seller.
6. Aste Boetto may accept mandates for buying (written and telephonic) and raise bids through the auctioneer at public auctions. Aste Boetto may not be held responsible in any way for not receiving written or telephonic offers or for any errors or omissions in said offers.
7. In the case of two identical offers for the same lot, the offer will be awarded to the offer which was received first. Aste Boetto reserves the right to refuse offers from unknown bidders unless a deposit is raised which covers the entire value of the desired lot or in any case an adequate guarantee is supplied. At the time of assignment of a lot, Aste Boetto may require identification de- tails from the purchaser and in the case of referred and non cash payment, the purchaser must supply Aste Boetto with a con- gruous and checkable bank reference: in the case of references which do not correspond, are incomplete or inadequate, Aste Boetto reserves the right to annul the sale contract of the assigned lot.
8. Aste Boetto acts as agent for the seller and declines responsibility deriving from de- scriptions of the items in the catalogues, brochures or any other such descriptive material: the descriptions as stated above as
with all other illustrations are purely indicative. All auctions are preceded by an exhibition in order to allow a thorough examination of the authenticity, condition, origin, type and quality of the items. After the assignment of a lot, neither Aste Boetto nor the seller can be held responsible for flaws with regards to the condition, for mis- taken attribution, origin, authenticity, weight or quality of the items. Neither Aste Boetto nor anyone charged by Aste Boetto can release any guarantee in this sense other than in cases foreseen by law.
9. The starting price relative to the possible auctioning of each lot is printed under the description of said lot and do not include the Auction commission to be paid by the purchaser. These estimates are nevertheless made well before the date of the auction and may therefore de subject to modification. The descriptions of the lots in the catalogue may also be subject to revision via communication to the public during the auction.
10. Aste Boetto may require payment in full of the final price and Auction Commission, in any case, full payment in Euros must be made within seven days of the assignment. Having paid the final price and Auction Commission, the purchaser must collect the lots bought at his own risk, responsibility and expense within seven days of the pur- chase. At the end of said period, Aste Boetto will be exonerated of all responsibility with regards to the purchaser concerning storage and possible deterioration of the items and may exercise the right to apply a charge for the storage of each single lot at the rate of € 5.00 per day for furniture and € 2,50 per day for other items. Items sold off site and not collected will be transported and stored in our warehouses. Any transport costs will be the responsibility of the purchaser. If specifically requested by the purchaser, and at their risk and expense, Aste Boetto may arrange packaging, transport and insurance of the lots.
11. In the case on non-payment, Aste Boetto can:
a) return the goods to the seller and demand from the buyer payment of the lost commission,
b) act in order to obtain enforcement of compulsory payment
c) sell the lot at a private sale or subsequent auction, and in any case detain as penalty any deposits paid.
12. Notwithstanding any disposition contrary to this content, Aste Boetto reserves the right to agree with the purchaser, special forms of payment, public or private warehouse storage, to sell assigned lots which have not been collected privately, to insure assigned lots, to resolve disputes and claims by or against the purchaser and to generally undertake actions considered appropriate in order to collect payment owed by the purchaser or even according to the circum-
stances, annul the sale according to articles 13 and 14 of Italian civil law and to return the goods to the purchaser.
13. Purchasers are required to uphold all laws and regulations in force with regards to the items declared to be of particular impor- tance and for which the procedure of decla- ration was began in accordance with article 6 es. Of the legislative decree 29 October 1999, n°490, with particular regards to article 54 of the same decree. The export of goods by the purchaser, resident and not in Italy, is regulated by the aforementioned de- cree and furthermore by customs, currency and tax regulations in force. The approxi- mate cost of an export license is E.200,00. Waiting time is about 45 days following the application to the export office of the "Ministero dei Beni Culturali".
The application for an export license is to be sent to the Ministry on payment of the lot and with explicit written authorization of the purchaser. Aste Boetto is not held responsi- ble in any way to the purchaser with regards to any eventual export restrictions concerning the lot assigned, nor for any license or permit which the purchaser of a lot must acquire in accordance with Italian law. In the case of the State exercising the right of withdrawal, the purchaser cannot expect any reimbursement from Aste Boetto or from the seller, of interest on the price or Auction Commission already paid.
14. In the case of a reasonable contestation, accepted by Aste Boetto, with regards to faked works of art, and given that a written com- munication is received by Aste Boetto within 21 days of the sales, Aste Boetto may, at its discretion annul the sale and should the purchaser so require, reveal the name of the seller informing said seller of this action.
15. All information regarding hall-marks of met- als, carats and weight of gold, diamonds and precious coloured gems are to be considered purely indicative and approximate and Aste Boetto cannot be held responsible for eventual errors contained in said informa- tion nor for the falsification of precious items. Some weights in this catalogue have been ascertained by way of measurement. This data is to be considered approximate and must not be considered as exact.
16. In addition to all other obligations and rights as contained in these Conditions of Sale, Aste Boetto may at its discretion, in the case that is informed or becomes aware of claims by third parties concerning the ownership, possession or holding of a lot, hold the lot in custody for the duration of the claim or for the time deemed necessary for the claim to be made.
17. These Conditions of Sale are automatically accepted by all those participating in the auction and are available upon request to any interested party.
Any dispute is to be under the jurisdiction of the court of Genoa.
18. Please note that any lots purchased via invaluable.com live auction service will be subject to an additional 5% commission charge at the rate imposed on the hammer price
