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, credit cards are accepted when you attend the sale in person or through our platform of payment. If you like to transfer the amount in Euros, you must first claim for an invoice in Euros and for the proper account number.

2. Bidders are requested to give their first name, last name, phone numbers, address and e-mail address in order to receive a paddle number, before the beginning of the auction. New customers are kindly asked to legitimate their identity by presenting their identity card and a proof of residence. 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. ****The auctioneer may vary the increments at his discretion. The auctioneer reserves the right to refuse any bid and to sell lots in a different order than the one listed in the catalogue. He also reserves the right, in his absolute discretion, to divide, combine or withdraw lots.

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, whether immediately during or after the sale, to restart or continue the bidding or to re-offer the lot.

4. Catalogue descriptions and condition reports are written to the best of our knowledge and belief.
   They are statements of opinion carefully given and are not to be considered as statements of fact. Such statements do not constitute any representation, warranty nor assumption of liability by us of any kind and they can be modified at any time.
   The lots are sold “as is” in the condition they are at the time of the auction. The lots can be inspected during the viewing. The buyer is advised to personally examine the lot and make his or her own opinion prior to the auction. Dognyauction will assume no liability for obvious or hidden deficiencies of any kind, nor for errors of description. Descriptions, condition reports and evaluations are made with care but are indicative, as for the author’s signatures, dates, provenances, attributions, origins, authenticity; these statements do not constitute any type of guarantee or warranty. A reference to an incident, an accident, a restoration of a lot is given only to facilitate its inspection. The absence of such a reference does not imply that a lot is free from defects, nor does a reference to a particular defect imply the absence of any others. No return for errors of description or for any other reason will be accepted.
   No liability can be assumed for frames and glass.

5. The visitor is responsible for any damage he will cause to the exhibited lots. This up to twice the lower estimate price sale plus buyer's premium and VAT .

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 GMT+1 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. The bids are registered according to their order of reception. If we receive several written bids for the same lot at the same amount, the lot will be awarded to the first bidder.

7. Phone bids are accepted at the low estimate price mentioned in the catalogue. For lots with a low estimate price under or equal to 550 Swiss francs, the phone bid, even not reachable, is considered as a firm offer at the low estimate price.

8. Buyer’s premium is 23 % (plus VAT of 8.1% on the commission). Buyer’s premium may differ with online bidding (please refer to appropriate online bidding terms). If the winning bid is placed on a live platform different than LIVE.DognyAuction or on a still platform including a surcharge, the surcharge of 3-5% + a VAT of 8.1% on the surcharge will be added to the regular commission. For “online only auctions”, buyer’s premium is 23% + VAT of 8.1% on the premium. In case of export, the VAT will be refunded to purchasers providing a valid stamped export declaration within three months after the sale. An administrative fee of CHF30 is charged for this service.

9. The risks and rewards pass to the buyer upon the fall of the hammer. However, he becomes the owner of the object upon full payment. The goods may not be handed over to the buyer until full payment has been achieved. Some property that is sold at auction can be subject to import restrictions or to Swiss export restrictions, such as items considered as dangerous or goods forbidden for exportation. Having a valid export or import license or any other required permit is the sole responsibility of the buyer, even if no mention is made in the catalogue. Failure or delay of licensing will not justify rescission of any sale nor delay in payment.

10. Whoever intentionally obstructs or distorts the free play of the auction will be subject to the penalties of the law.

11. Auction invoices must be paid within 10 days. Failure to comply with this clause may result in reminder fees, legal action, and the cancellation of the sale at the seller's request, with all costs and commissions remaining the buyer's responsibility. Any unpaid or delayed paid invoice exposes the buyer to registration in the Temis file, which can be consulted by subscribing auction houses. This registration may lead to restrictions, such as suspension from participating in their auctions.

12. The auctioned items must be collected at the purchaser’s own cost and risk within 14 days from the end of the auction during official opening hours.
    If the auctioned items are not collected within 14 days, DognyAuction will store the works at the purchaser’s own risk and expense at a weekly rate of CHF 50 per object.
    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.
    On behalf and request of the buyer, we gladly arrange the sending of his lot(s), but Dognyauction accepts no liability for any damage or loss that may occur during the packing or shipping of the items.
    In the event that one or more lots purchased at an auction have not been collected by the buyer within 6 months and the storage costs exceed the value of the lot(s), SA reserves the right to sell the lot(s) in order to recover all costs incurred.
    

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 place of residence of the parties.
    
    
14. Only the French version of the auction terms and conditions is decisive and legally valid.

LE PALIER D'ENCHERE

Bidding increment:

Any bid that does not correspond to a formal increment will be adapted to the nearest higher or lower increment.