Participation in auctions implies unconditional acceptance of the terms of sale
The sale will be expressed in Swiss francs. Payment may be made by bank transfer or in cash within legal limits. Credit cards are accepted on-site or remotely via our secure platform, subject to a transaction fee. Cheques are not accepted. Upon prior request, an invoice may be issued in Euros at the daily exchange rate set by the auction house, payment must then be made by bank transfer to the euro bank account indicated on that invoice.
Bidding is conducted by paddle number. Each participant must register and provide proof of identity before the auction. The lot is knocked down to the highest bidder. Only the adjudication pronounced orally by the auctioneer and recorded in the official auction record shall be conclusive and shall constitute the record of sale (Art. 229 CO). In the event of any discrepancy between the official auction record and any other information, including displays or conflicting oral announcements, the entries in the official auction record shall prevail exclusively. In the event of a dispute between two bidders at the time of adjudication, the adjudication shall be cancelled and the lot shall immediately be re-offered for sale. During the auction, DognyAuction reserves the right, at its sole discretion, to modify the order of sale, or to divide, combine or withdraw lots.
Bids must be clearly expressed, whether by voice, paddle number or digital validation, and must comply with the bidding increments set by the auction house. The auctioneer shall be the sole judge of the receipt and order of bids. The auctioneer reserves the right, at his sole discretion, to refuse any non-compliant or late bid, even if such bid was technically acc.epted in error by an online platform. A bid shall only be deemed valid once it has been accepted and announced by the auctioneer during the auction session.
Lots are sold in the condition in which they are («as is») at the time of adjudication, with all defects, imperfections and errors of description. Any warranty for material defects or defects in title is expressly excluded (Art. 234 CO). Catalogue descriptions, condition reports, valuations and any statements regarding author, signature, date, provenance, attribution, origin or authenticity are provided as statements of opinion only and do not constitute any warranty, representation or promise of quality. Buyers are responsible for forming their own opinion during the public viewing and, where appropriate, for seeking independent expert advice before bidding. No claim shall be accepted after adjudication, including in respect of frames and glass.
Absentee bids may be placed directly on our online bidding platform live.dognyauction.ch and via our application. They may also be submitted to the auction house by completing the absentee bid form available on dognyauction.ch. Absentee bids for live autions submitted through the auction house must be received no later than 4:00 p.m. Swiss time on the day preceding the sale. DognyAuction will execute such bids with due care and discretion, but accepts no liability for any technical issue, connection failure, transmission error, omission or failure in the execution of a bid, whatever the cause. In the event of identical absentee bids for the same lot, priority shall be given to the bid received first in chronological order. Absentee bids submitted through the auction house are subject to confirmation by DognyAuction; bidders are responsible for contacting the auction house if they have not received such confirmation.
Telephone bidding is strongly recommended for lots with an estimate exceeding CHF 5,000. For lots with a low estimate equal to or below CHF 600, any request to bid by telephone shall automatically be deemed to constitute a firm bid at the low estimate. If the bidder cannot be reached by telephone, bidding shall start at that amount on behalf of the requesting bidder.
Any visitor is liable for any damage caused to exhibited lots, up to an amount corresponding to twice the low estimate plus buyer’s premium and VAT.
The buyer shall pay a buyer’s premium of 25% of the hammer price, plus VATon this premium. In live auctions, bidders using third-party platforms are subject to an additional platform surcharge, generally between 3% and 5% plus VAT. For lots marked with an asterisk, VAT is calculated on the total price, namely the hammer price plus the buyer’s premium. Where the amount of VAT charged on the lot itself exceeds CHF 100, a refund of such VAT for export may be requested upon presentation of valid customs export documents within three months, subject to an administrative fee of CHF 30. VAT charged on the auction house’s services is never refundable.
Risks and rewards pass to the buyer upon adjudication (Art. 185 CO). However, transfer of title is suspended until full payment is received. No lot shall be released before payment has been made in full. The buyer is solely responsible for obtaining any export or import licence required and for complying with all applicable customs restrictions and formalities. Any delay in obtaining, or refusal of, such licence or authorisation shall under no circumstances justify cancellation of the sale or any delay in payment.
Auction invoices must be paid within 10 days following the sale. In the event of late or non-payment, the buyer may be charged reminder fees and default interest. No lot shall be released until the invoice is paid in full. In the event of partial payment, the amount received shall be applied first to storage fees, administrative fees and commissions, and then to the hammer price.
DognyAuction may cancel the sale at the seller’s request, without prejudice to any commissions and fees remaining due by the defaulting buyer. In such event, any partial payment already made (down payment) shall be retained by DognyAuction as liquidated damages/contractual penalty (Art. 160 et seq. CO), without prejudice to the right to claim further damages if the actual loss incurred is higher. Furthermore, DognyAuction shall be entitled to resell the lot (resale at the defaulting buyer's risk) for the account of the defaulting buyer. The latter shall be liable for the difference between the original hammer price and the price obtained upon resale, as well as all fees, commissions, and interest related to both sales, and shall have no claim to any profit.
In the event of non-payment, the buyer agrees that their data may be disclosed to professional databases (e.g., Temis). Such registration may result in restrictions, including suspension from auctions conducted by subscribing auction houses.The buyer must collect purchased lots at their own expense and risk within 14 calendar days following the sale. Upon request, DognyAuction may provide contact details of independent third-party service providers for the packing, transport or shipment of lots. At the buyer’s express request, DognyAuction may also arrange or coordinate shipment, at the buyer’s sole expense. Any involvement by DognyAuction in logistics, including packing, transport or shipment, is undertaken exclusively at the buyer’s risk, and the buyer releases the auction house from any liability for loss, theft, breakage or damage occurring during such operations.
Any lot not collected within 14 calendar days following the sale shall, without prior notice, be subject to storage fees of CHF 30 per lot and per commenced week, as well as a one-time administrative fee of CHF 100. In the event of continued failure to collect the lot 90 days after the sale and after a notice sent by email or by any other written means to the last address provided by the buyer has remained without effect for 30 days, DognyAuction shall be entitled, as of right, to resell the lot without reserve, for the account and at the expense of the defaulting buyer, in order to cover any outstanding fees and claims.
Any maneuvers intended to obstruct or distort the free play of the auction are subject to legal prosecution..
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.
Only the French version of these Terms of Sale is legally binding. Translations are provided for information purposes only.
LE PALIER D'ENCHERE
|
de 10 à 90 Frs |
le palier est de | 10 Frs |
| de 100 à 275 Frs | le palier est de | 25 Frs |
| de 300 à 950 Frs | le palier est de | 50 Frs |
| de 1000 à 1900 Frs | le palier est de | 100 Frs |
| de 2000 à 2800 Frs | le palier est de | 200 Frs |
| de 3000 à 5000 Frs | le palier est comme suit | 3200 - 3500 - 3800 - 4000 - 4200 - 4600 - 5000 Frs |
| de 5000 à 9500 Frs | le palier est de | 500 Frs |
| de 10 000 à 19 000 Frs | le palier est de | 1000 Frs |
| de 20 000 à 30 000 Frs | le palier est de | 2000 Frs |
| de 30 000 à 48 000 Frs | le palier est comme suit | 32 000 - 35 000 - 38 000 - 40 000 - 42 000 - 45 000 - 48 000 Frs |
| de 50 000 à 95 000 Frs | le palier est de | 5000 Frs | de 100 000 à 190 000 Frs | le palier est de | 10 000 Frs |
| de 200 000 à 300 000 Frs | le palier est de | 20 000 Frs |
| de 300 000 à 500 000 Frs | le palier est comme suit | 320 000 - 350 000 - 380 000 - 400 000 - 420 000 - 450 000 - 480 000 Frs |
| de 200 000 à 300 000 Frs | le palier est de | 20 000 Frs |
| de 500 000 à 950 000 Frs | le palier est de | 50 000 Frs |
| de 1 000 000 à 1 900 000 Frs | le palier est de | 100 000 Frs |
| dès 2 000 000 Frs | le palier est de | 200 000 Frs |
Bidding increment:
Any bid that does not correspond to a formal increment will be adapted to the nearest higher or lower increment.
| Offers | Increment |
| 10 to 90 CHF | 10 CHF |
| 100 to 275 CHF | 25 CHF |
| 300 to 950 CHF | 50 CHF |
| 1000 to 1900 CHF | 100 CHF |
| 2000 to 2800 CHF | 200 CHF |
| 3000 to 3900 CHF | 300 CHF |
| 4200 to 4600 CHF | 400 CHF |
| 5000 to 9500 CHF | 500 CHF |
| 10000 to 19000 CHF | 1000 CHF |
| 20000 to 50000 CHF | 2000 CHF |
| starting at 50000 CHF | 5000 CHF |