§ 1 Introduction
§ 2 Use of the website
1. Any action that affects the website or part of it in any form is prohibited. This includes in particular:
a. the use of software or any sort of equipment that could affect the proper function of the website.
b. actions that overload the Auctiones infrastructure in an unacceptable way.
c. blocking, deleting, overriding or modifying any content on the Auctiones website or disturbing its proper function in any other way.
2. All software on auctiones.ch is the property of Auctiones and is protected by copyright laws. Any use of the Site without explicit permission, including the reproduction, modification, distribution, transmission or display of the content, is strictly prohibited.
3. Auctiones reserves the right to restrict or cancel the use of the website by certain users without giving reasons.
4. Any user is responsible for keeping his/her password and other account information confidential and is responsible for all uses of his/her account, whether or not authorized. If you believe your account has been misused or compromised, please contact us immediately.
§ 3 Terms of Sale
1. Auction bidding is in Swiss Francs only (CHF). For information purpose, prices are usually shown in foreign currencies, too. We do not guarantee the correctness of these automatic conversions.
2. The highest bidder at the closing date and time has legally bought the lot. The electronic clock on the website does provide the closing date and time for any lot.
3. Bidders that plan to participate in the auction have to register at www.auctiones.ch. Registrations have to be made at least 24 hours before the end of the auction at normal business hours (Mo-Fr, 9 am to 5 pm Swiss time) and have to be confirmed by Auctions through Email. No registrations will be approved at the closing day of the auction.
4. Bidding usually begins at 80% of the estimate. Auctiones reserves the right to reject any bid, to determine the opening price, to set bidding increments, to vary the order of the auction, to reopen bidding in the case of a dispute, to withdraw any lot, to bid on behalf of Auctiones, to bid on behalf of the consignor, and to permit the consignor to bid on his own lots.
The minimum bid increments are:
1-99 CHF ⇒ 5 CHF
100-249 CHF ⇒ 10 CHF
250-499 CHF ⇒ 20 CHF
500-999 CHF ⇒ 50 CHF
1'000-2'499 CHF ⇒ 100 CHF
2'500-4'999 CHF ⇒ 200 CHF
5'000-9'999 CHF ⇒ 500 CHF
10'000-19'999 CHF ⇒ 1'000 CHF
20'000-49'999 CHF ⇒ 2'000 CHF
From 50'000 CHF ⇒ 5'000 CHF
Note: A bidder may be outbid by less than a full increment. This would happen only if the lead bidder's proxy bid beats the second highest bid by an amount less than the full increment.
5. The successful bidder has committed himself personally to the purchases made. He cannot claim to have acted on behalf of a third party.
6. A commission of 15% will be levied on the hammer price. The Swiss value added tax (VAT) of 7.7% (regular) resp. 2.5% (reduced) is payable on the final price (hammer price, plus buyer’s commission and any other amounts chargeable by the Auction House to the buyer). Gold coins (AV) and coins that will be exported are exempt from VAT.
7. Payment is in Swiss Francs only and is due within ten days upon adjudication of the lot. Payments have to be in cash, by bank transfer or Paypal. Bank transfers from foreign countries are subject to a fee of 10 CHF (Europe) and 20 CHF (other countries), for Paypal, the fee is 4 %. Late payments will incur a monthly default interest of 1%. Shipping and insurance costs are calculated as follows (based on hammer price, buyer's commission and possible VAT):
Up to 250 CHF ⇒ 10 CHF
251-1'000 CHF ⇒ 12 CHF
More than 1'000 CHF ⇒ 20 CHF
Up to 250 CHF ⇒ 12 CHF
251-1'000 CHF ⇒ 18 CHF
More than 1'000 CHF ⇒ 35 CHF
Shipping and insurance costs will be calculated individually, depending on size and weight of the lots.
8. In the event a successful bidder fails to make full payment within 30 days of the auction date, Auctiones reserves the right to deem the sale incomplete and to resell the item, and the bidder agrees to pay for the cost of such a sale and also to pay any difference between the resale price and the previously successful bid. He is not entitled to any higher proceeds.
9. Shipping and insurance are at the buyer’s cost and risk. Any fees and charges payable abroad are borne by the buyer (successful bidder) who is responsible for acquiring the necessary information about any applicable customs and foreign exchange regulations. The Auction House accepts no liability for any contraventions of such regulations. Buyers are bound to keep their address data up to date on the website. Auctiones accepts no liability for returned or lost shipments due to incorrect or incomplete address data.
10. The Auction House offers an unconditional and unlimited guarantee for the authenticity of all items. All identifications and descriptions of the items sold in the auctions are statements of opinion and were made in good faith. Justified reclamations have to be sent in within eight days after receipt of the item(s). Coins that have been encapsulated ("slabbed") by a grading and/or authentication service may not be returned for any reason, including authenticity, if they have been removed from the encapsulation ("slab"). The customer shall bear the cost of returning all items and shall insure them for their full value. Books are not sent on approval and are not subject to return. Multiple lots are sold as is without any return possibility.
11. The objects which come under the hammer are auctioned on behalf of a third party or are the property of Auctiones. The buyer (successful bidder) has no entitlement to have the identity of the consignor disclosed and acknowledges that Auctiones may receive a commission from the consignor for the sale.
§ 4 Exclusion of Liability
1. Auctiones seeks to provide quality services and to maintain a functioning website.
2. Auctiones is only liable for direct damage caused by intentional or grossly negligent act. Auctiones is not liable for problems caused by minor culpability, unless there is any mandatory liability. Any liability for indirect or consequential damage is excluded.
3. Auctiones is not liable for any malfunctions of the website. In particular, no liability is accepted for technical problems that delay or ignore bids.
4. The Auctiones website may be temporarily out of use due to maintenance work without leading to any additional liability.
5. The liability for financial losses and consequential damages is excluded, unless there is any mandatory liability.
6. In particular, Auctiones will not be liable for damage caused to users, consignors or third parties by other users, consignors or third parties by misuse of the Auctiones website.
7. Auctiones does not guarantee the actuality, correctness, legality, completeness or quality of the websites linked to from the Auctiones website and excludes any liability for them.
§ 5 Applicable Law and Place of Fulfillment
The contract is subject in all facets to Swiss law only. Exclusive court of jurisdiction and place of fulfillment is Berne, CH.
§ 6 Salvatorius Clause
If any parts of these Terms and Conditions should be no longer or not fully in conformity with the valid legal situation, this shall not affect the content and validity of the remaining parts. The parties hereto commit themselves to modify the invalidated part of the contract by a clause that economically is closest to the original intention. The above-mentioned conditions are written in German and English; in case of unclear formulations, the only valid text is the German one.