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.
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. 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. No liability can be assumed for frames and glass.
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). If the winning bid is placed on a live plateform or on a still plateform requiring a surcharge, the surcharge of 3% + a VAT of 8% on the surcharge will be added to the regular commission. For “online only auctions”, buyer’s premium is 23% + VAT 8% on the premium. Only in the case that VAT is charged on the hammer price, and if that VAT is higher than 200 CHF, the VAT will be refunded to purchasers provinding a validly stamped export declaration within three month after the sale.
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.
