Terms of Sale
Note : Translated from french : Legal version in french
Concerns: online auction
PARTICIPATION IN THE AUCTION INVOLVES UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SALE:
Art. 1. - "Moinat Enchères", mentioned below is a service of CHARLES-EMILE MOINAT & FILS SA
Art 2. - Information on the sale (date of the sale, access to the catalog and conditions) is available on www.moinat-Enchères.ch. The site gives access to an online sales platform, currently drouotonline, mentioned below.
Art. 3. - The online sale takes place in cash, in euros and without warranty. Invoices are payable at the end of the online sale. Payment facilities can be arranged by making a bank transfer, checks are not accepted. Cash payments greater than or equal to 50,000 euros are not allowed. On request and / or for Swiss customers, invoicing is done in Swiss francs (CHF).
Art. 4. - The adjudication will be pronounced in favor of the last online bidder, on the date and time registered in the catalog of the online sale. To allow bidders to have the same chance of betting, any bet placed in the last minute of the online sale an additional time of 1-3 minutes will be added to the countdown to the lot. This can be repeated until the last bet is placed on the lot.
Art. 5. - The auctions take place exclusively online. When the starting price is not reached, the lot will remain unsold.
Art. 6. - The buyer pays a 15% premium in addition to the hammer price for each lot, plus 7.7% VAT on the total. Payment of the invoice must reach us within 3 days of the end of the online sale. A debit interest of 1% per month will be charged for any late payment.
Art 7. - For buyers domiciled outside Switzerland, the VAT collected can be refunded on presentation of proof of export. Administrative fees of CHF / Euro 50.- are applied for this service.
Art. 8. - The bids must take place online on drouotonline.com. Bidding levels are proposed according to the starting stake.
Art. 9. - The exhibition allowing buyers to realize the condition or authenticity of the objects, no claim will be allowed once the auction has been declared. This catalog has been produced with care by our specialists so that the information given is correct, however the descriptions and condition reports are only the expression of an opinion and do not constitute a guarantee.
Art. 10. - The catalog can mention certain damages without establishing an exhaustive list. All the descriptions of the lots as well as their condition report are available on drouotonline.com. The photographs, dimensions and weights are provided purely for information.
Art. 11.- Foreign buyers must inform themselves before the sale and comply with the import and export rules between Switzerland and the country of destination. Moinat Enchères is not able to provide assistance in cross-border transport, particularly with regard to objects comprising ivory, tortoiseshell or other material subject to regulation. Moinat Enchères pays particular attention to fulfilling its duties of diligence so that the lots presented in the catalog comply with the law on transactions in cultural goods (LTBC).
Art. 12. - The lots must be removed at the expense and risk of the purchaser. Unless previously agreed, no lot will be delivered before full payment of the sale price, including surcharge. The objects must be removed by the buyers within 7 days of the end of the online sale.
Art. 13. - All visitors are liable up to the average estimate price plus commissions and VAT for the damage they cause, directly or indirectly, to the objects and lots on display.
Art. 14. - Written purchase orders are executed with care, discretion and at no cost. Any cancellation of purchase orders must be made exclusively in writing at least 12 hours in advance. To be valid, the cancellation must be signed and confirmed exclusively by the management of Moinat Enchères.
Art. 15.- Profits and risks pass to the buyer at the end of the online sale; however, he does not become the owner of the object until full payment has been made. In the event of default within 3 days, the buyer is liable to legal action. He is also exposed to the cancellation of the sale upon requisition of the seller after a period of 30 days, all costs and commissions remaining the responsibility of the buyer.
Art. 16.- Moinat Enchères reserves the right to refuse access to its commercial premises or to prohibit any person from participating in the sale without giving reasons or justification. Moinat Enchères is free to dismiss an auction without stating the reason. Anyone who intentionally obstructs or distorts the free play of auctions will be subject to police penalties.
Art. 17.- Moinat Enchères is free to accept or refuse a payment by credit card. It accepts Maestro, Ec direct and Postcard for free. The other cards (Visa, MasterCard, American Express and UnionPay) are subject to a surcharge corresponding to 2% of the total amount debited as a contribution to the fees charged by the card issuer. Remote payment by credit card: 3%.
Art. 18.- Moinat Enchères reserves the right to publish, for advertising purposes, photographs of the objects sold in its own publications and or through other media. Moinat Enchères is the exclusive holder of the reproduction right of the photos which appear in the catalog.
Art. 19.- Furniture storage costs per object of a minimum of CHF / EUR 50.- (+ VAT) per month started and insurance costs of 1% of the total invoice per quarter started will be invoiced for all lot not withdrawn within 30 days of the end of the online sale. In addition, they will be transported in a furniture repository and stored at the buyer's expense and risk.
Art. 20.- The buyer expressly accepts that the object not withdrawn becomes the property of CHARLES-EMILE MOINAT & FILS SA respectively of the transporter and authorizes its re-sale as soon as the storage or transport costs mentioned above exceed the low estimate price (buyer).
Art. 21.- Any dispute relating to online sales is subject to the exclusive application of Swiss law and the jurisdiction of the courts of the canton of Vaud (Switzerland), regardless of the domicile of the parties.
Art. 22. - Moinat Enchère sells its own items in its own premises. This sale is not subject to authorization in the canton of Vaud, pursuant to article 39, paragraph 1, of the law of May 31, 2005 on the exercise of economic activities (LEAE; RSV 930.01).
Art. 23.- Unless otherwise indicated, the dimensions of the paintings and furniture are in centimeters and are understood (width x height x depth).
Moinat Auctions
A service from CHARLES-EMILE MOINAT & FILS SA
Rolle, 1.1.2020
