Condition of Sale
1. All auction goods are sold in the name and on behalf and for the account of third parties in Swiss currency. The payment becomes due with the acceptance of bid.
2. This catalogue was prepared to the best of one's knowledge and belief and based on the descriptions transmitted to Dobiaschofsky Auktionen AG. However every liability is excluded for the information provided. Signatures, attributions, periods, possible repairs, condition etc. have to be verified by the prospective buyer or by an expert of his choice before the auction, during the exhibition and expert's reports, as far as available and mentioned in the text have to be consulted. Any liability for any legal or material defects is excluded. Complaints after the acceptance of bid cannot be taken into consideration.
As Dobiaschofsky Auktionen AG sells on behalf of third parties, who can sue the house based on the conditions of consignment, no lot can be taken back. Buyers should therefore thoroughly examine the object during the exhibition. Extreme caution is recommended during the exhibition, as every visitor is responsible for any damage caused by him. The objects are sold in the condition they are in at the time of the sale.
2.1. Dobiaschofsky Auktionen AG makes no representation or warranty that any watch is in working order. We recommend prospective purchasers to have the watches checked by a competent watchmaker.
2.2. The wines are auctioned in the state in which they are in at the moment of the acceptance of a bid. We do not guarantee for previous storage. The buyer must take into consideration that the ullage may slightly change due to ageing corks between cataloguing and sale. Therefore, slight divergences from the catalogue description may occur.
3. Orders and bids can be submitted via our homepage, in writing or during the exhibition via our staff. They are binding and irrevocable. Orders submitted over the telephone have to be confirmed subsequently in writing. Any written or oral bid is considered as a binding purchase offer, as long as it is not outbid. Written bids stand in concurrence to bids in the room and to telephone bidders.
If you cannot attend the auction in person, but are interested in purchasing objects, you have the possibility of placing a written bid online or using the form provided or to register for live bidding on our website. The bids are binding and irrevocable. Please be aware of our Conditions of sale and note that auction orders must be submitted at least 48 hours before the sale. For orders received later there is no guarantee for their correct execution during the auction. When placing your written orders, please take into account that the hammer price is often higher than the price estimates. The estimates listed in the catalogue do not correspond to the limits. The auction usually begins between 1/2 and 2/3 of the high estimation.
Bid-orders are understood to be without buyer's premium and VAT. Bidders are asked to fill in the purchase orders with care. In case of discrepancies between the catalogue number and the object details, the catalogue number is decisive. Bids below the reserve prices cannot be taken into account.
There is a limited number of phone lines that can be provided during the auction. The registration for a telephone bid does not guarantee telephone participation during the auction. The available telephone lines are assigned in order of registration. For this reason, and because of the risk that international telephone lines may not always function properly or that bidders cannot be reached during the auction, it is strongly recommended that each registration for a telephone bid be accompanied by a written bid. This only comes into force if a telephone bidder cannot be reached during the auction.
4. The sale follows the order indicated in the catalogue and auction schedule (+/- 45 min.). Dobiaschofsky Auktionen AG has however the right to combine, divide, omit catalogue numbers or to change the order of the sale. Simultaneous bids are immediately called out a second time. In case of double written bids, the date of receipt is determining.
5. The following buyer's premium is added to the hammer price for every single object:
Hammer price up to and including CHF 200'000.-: 22% hammer price from CHF 200'000.-: 20%.
This commission is subject to Swiss VAT of 7.7% that has to be paid by the purchaser.
If the buyer bids live on the internet during an online transmitted live auction or makes a pre-bid via an external site linked to Dobiaschofsky Auktionen AG, an additional charge of 5% (plus Swiss VAT) of the hammer price will be billed. For these bids, the conditions published on the live auction website apply. These live auction conditions may differ from the conditions of sale published in the catalog.
Regarding the lots marked with *, the hammer price and the commission are subject to Swiss VAT. After presentation of an export declaration duly stamped by the Swiss customs authorities for the lots marked with *, Dobiaschofsky Auktionen AG will refund the Swiss VAT.
The transfer of ownership only takes place after full payment of the total amount due, but the risk passes already to the buyer with the fall of the hammer. The purchased items are only delivered after cash payment or after the amount owed has been credited to our bank account. In case of delayed payment the buyer is liable for any resulting damages. Furthermore, he will be charged with a monthly interest rate of 1% for the outstanding amount. Dobiaschofsky Auktionen AG may in this case demand the fulfilment of the purchase contract or claim damages for non-performance of the contract, declare the buyer's rights forfeited and put the lot again up for auction at the expenses of the buyer. In this case the buyer is liable for the loss of profit, but has no profit claim. He is not allowed to place a bid.
6. All purchased lots have to be collected within 10 days from the first Tuesday after the sale. (The auction house remains closed on Monday after the auction.) During the sale, no items can be handed out, except after the afternoon-sales to a limited extent for foreign buyers and against cash payment only. The items are unpacked. Uncollected goods after the reference dates aforementioned are stored at the buyer's risk and expenses and are subject to a storage fee (of CHF 2.- per day and piece). Dobiaschofsky Auktionen AG assumes no warranty for items not collected in time.
7. If the work of art cannot be picked up personally and a transport or shipment is desired, the buyer is requested to contact Dobiaschofsky Auktionen AG immediately after the auction, in order to get a quote from a transport company. Dobiaschofsky Auktionen AG does not carry out package and shipment itself. The buyer bears all costs and risks of any shipping or transport. Dobiaschofsky Auktionen AG assumes no liability.
7.1. The export of items made from hides and skins of certain animal species (i.e. alligator, caiman, lizard, snake…) protected by the CITES Convention (Convention on International Trade in Endangered Species of Wild Fauna and Flora) is subject to authorization by the Federal Food Safety and Veterinary Office (FSA). Since importing goods from such materials also requires a permit and is even completely prohibited in certain countries, potential buyers are advised to familiarize themselves with the relevant customs laws and regulations in advance. It is the buyer's responsibility to identify and comply with the requirements of all applicable laws or regulations and to obtain all necessary export and import authorizations. All related fees are at the buyer's own expense. Authorization failure or delay does not justify the refund of the purchase price or a postponement of the full payment for the object(s). A symbol (?) for protected species in the catalogue is intended only for general orientation of the purchaser and Dobiaschofsky Auktionen AG assumes no liability for any errors or omissions. Please note that prior to shipping, any straps made of endangered or protected animal materials will be removed.
7.2. Especially with older wines, the cork may be damaged during transport or shipping. The above justifies neither the return of individual bottles nor subsequent price reductions.
8. Place of performance and exclusive jurisdiction for both parties is Berne.
With any submitted written or oral bid, the bidder is accepting all points of the above-mentioned general conditions of sale without any restriction.
In the case of dispute the German original version shall prevail.
Shipping Terms
If you would like to organize the shipping/transport, we kindly ask you to contact directly the shipping company. Please tell them the lot numbers and our company name or send them our invoice. They will contact you with the shipping proposals.
Your Special Delivery Service AG
Rohrstrasse 44
8152 Glattbrugg, Switzerland
T +41 44 500 22 56
order.zurich@ysds.com
Taxes
The buyer's premium is subject to Swiss VAT of 7.7% that has to be paid by the purchaser.
For some lots the hammer price and the commission are subject to Swiss VAT. After presentation of an export declaration duly stamped by the Swiss customs authorities for the lots marked with *, Dobiaschofsky Auktionen AG will refund the Swiss VAT.
