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拍卖条款 KOLLER ZURICH


通过参加拍卖,买方即接受阔乐拍 卖股份有限公司 (Koller Auktionen AG,以下简称“Koller”)的下列拍 卖条款:

1. 各方的法律地位
Koller以卖方(“卖方”)名义并 以卖方的账号拍卖其拍卖物品。拍 卖以瑞士法郎计价,由Koller确认 拍卖过程中的最高出价者(“买 方”)竞得,并据此由卖方和买方 订立购买合同。

2. 附加金额
2.1 除成交价外,买方尚需在成交 价基础上支付一个附加金额,其计 算方法如下:
(i) 成交且成交价达10,000瑞士法 郎:加收25%;
(ii) 成交且成交价达400,000瑞 士法郎:前10,000瑞士法郎加收 25%,差额部分加收22% 。
(iii) 成交且成交价超过400,000瑞 士法郎:前10,000瑞士法郎加收 25%,390,000瑞士法郎加收22%, 差额部分加收15% 。

2.2 如果买家通过互联网在线拍卖 (“在线拍卖”)成功竞拍,需要 在落槌价基础上额外支付3%的佣
金。相应的拍卖条例,以参与拍卖 的网站所公布的条例为准 。

2.3 买方须就附加金额缴纳瑞士增 值税(“VAT”) 。上述附加金额 的比例与各项拍卖物品的成功拍卖 有关。

2.4 在拍卖物品目录中加*的物品 征收全额税费,即,对拍卖物品的 成交价和附加金额的总额征收增值 税。如果买方提供有效盖章的出口 申报单,则将向其返还已收的增值 税。

2.5 买方同意,Koller还从卖方获
得佣金。

3. 免责条款
3.1 拍卖物品以买方竞得时的状况 拍出。

3.2 拍卖物品的描述限于我们所知 和所信的情形。但是, Koller不 对拍卖目录提供的详细信息承担 责任。拍卖物品可在预展期间检 验。因此,买方受邀在拍卖前检验 拍卖物品,并且,可以在独立专家 顾问的帮助下,就拍卖物品和目录 描述的一致性做出自己的判断。拍 卖物品的规格以印刷的德语版拍卖 物品目录(包括此后的任何修订)为 准。Koller有权聘请自己选择的专 家或专业人士给出意见,并依赖该 意见。Koller并不为此等意见的正 确性负责。此类专家意见或报告, 或者Koller提供的拍卖物品描述或 其他与拍卖物品有关的陈述(包括 与拍卖物品价值有关的陈述),均 不构成明示或默示担保。

3.3 受限于下述第4条约定,没有 做出任何与法律瑕疵和物品瑕疵有 关的保证或担保。卖方对买方责任 限于Koller对买方的责任。

4. 对赝品的担保
4.1 如果拍卖物品被证明是赝 品,Koller应撤销本次购买(受限 于下述第

4.2条和第4.3条)并应向 买方返还购买价格和附加金额 (含 增值税)。如果根据Koller的合理 意见,拍卖物品是在作者、年代、
时期、文化或者来源方面进行欺诈 而制造出来的仿冒品,且在拍卖物 品目录(包括补充说明)中没有正确 反映上述内容,同时,与目录描述 相对应的物品相比,这一情况严重  损害了这一物品的价值,则属于“ 造假”。如果只是受损和/或曾经 进行任何性质的修复和/或修正,则不应视为造假。

4.2 如果存在下列情形,根据上述 规定给与买方的担保,Koller可自 主选择不予适用: (1)拍卖物品目录中物品的描述获
得一名专业人士的意见或者多名专 业人士中的主流意见的支持,或者 拍卖物品目录中卖品的描述已经表 明就此存在不同意见;(2)赝品在拍卖成交时根据当时的 研究水平以及使用公认和普遍的方 法还不能确定为是赝品,或者必须 花费与卖品价值不成比例的费用才 有可能鉴定是赝品; (3)赝品(按照Koller仔细的评估) 是1880年以前制作;或者 (4)拍卖物品是油画、水彩画、素 描或者雕刻品,且根据拍卖物品目 录所列说明,拍卖物品应在1880 年以前完成。

4.3 本担保自拍卖物品成交日起两 年内有效(珠宝首饰有效期为三(3 )个星期)。本担保只赋予拍卖物 品买方,不可转让给第三人。主张 担保索赔的前提是,买方发现瑕疵 后立即通过挂号信向Koller指明, 并将所购买物品以交付时的状态退
还Koller,并且物品不存在第三方 请求权。如果认为该拍卖物品是赝 品,买方还必须提供证据。Koller 可以要求买方自费聘请两位在本专 业领域内公认的独立专家做出专家 意见。但是,Koller并不受该专家 意见的约束,并保留自费取得其他
专家意见的权利。

4.4 Koller可以自行决定,放弃主 张上述第4.2条规定的排除适用的 理由,或者放弃上述第4.3条前提 条件的满足。

4.5 买方根据4.1条的规定对Koller 的请求权,限于退还其已经支付的 购买价款和附加金额(含增值税)。 买方对Koller或其员工的进一步的 或者其他请求权,无论根据何种法 律理由,均予排除。 

5. 参加拍卖活动
5.1 任何人均可作为买方参加拍卖 会。但是,Koller保留其权利,完 全自行决定拒绝任何人进入其经营 场所或者出席并参加拍卖会。

5.2 参与Koller拍卖的新买家,需  要至少在拍卖会开始48小时前,使 用规定的表格进行具有法律效力的 签署登记,并随附一份买方护照及 信用卡复印件。如买方未支付购买 价款,Koller有权根据买方所登记 内容,从其信用卡内扣除最高 达到其所欠款项包括信用卡支付手 续费的金额。

5.3 如果Koller不熟悉的买方有意 竞买估值上限高于15,000瑞士法 郎的物品,其须事先向Koller提交 一份由Koller认可银行出具的有关 其支付能力的证明。

5.4 在拍卖物品估值上限高于 30,000瑞士法郎时,Koller可以 要求买方先向Koller汇款支付估值 下限的20%作为担保。拍卖结束 后,Koller以这笔款项抵销其请求 权以及卖方的请求权,并将任何  可能的剩余款项毫无迟延得返还买 方。



6. 拍卖
6.1 在拍卖时提出的报价为有约束 力的要约。竞买人受其报价约束 直至被其它拍卖价格超过或者被
Koller拒绝。双重拍卖价格将立即 再次叫卖;在不确定的情况下由拍 卖经理做出决定。

6.2 Koller可以无任何理由,或 者,如果买方没有按照上述5.2至 5.4条规定满足参加拍卖会的前提
条件时,拒绝一项报价。Koller同 样可以在没有出售拍卖物品的情况 下撤下或者撤回拍卖物品。

6.3 Koller保留对目录里拍卖物品 重新编排、分开、省略,或不按目 录顺序拍卖的权利。Koller有权自 行决定“附有条件”出售物品,在 此情形下,拍定价格即被视为附有 条件,并且,最高出价者在拍卖结 束后14日内仍受其报价的约束。 如果最高出价者未在该期限内从 Koller收到声明,宣布拍定价格为 最终价格,则其解除所有义务。

6.4 如果潜在买方不能够亲自出席 拍卖会,其书面报价须在竞拍开始 前48小时前送达方为有效。

6.5 如果潜在买方在拍卖开始前至 少48小时给与书面通知,则可以通 过电话竞拍。拍卖物品估值在500 瑞士法郎以下的,Koller不接受电 话竞拍,买方须递交书面报价或在 拍卖大厅亲自竞拍。

6.6 如果潜在买方想通过互联网参 加在线拍卖,则在Koller批准其参 加拍卖的登记申请后,通过互联网 参加竞拍。Koller保留自行决定拒 绝登记申请的权利。

6.7 Koller拒绝为任何形式的未经 考虑的竞拍报价以及电话竞拍报价 承担责任。本拍卖条款第5条关于 身份和支付能力证明的条款同样适 用电话买方和书面指示人。对于通 过互联网在线拍卖提交其拍卖价格 的买方只适用第5条关于支付能力 的条款。

7. 所有权转移 购买价款及附加金额(含增值税)一 经全部支付,且Koller将相关付款 划归至相关物品,拍卖物品的所有 权即转移至买方。

8. 竞买物品的领取
8.1 拍得物品须由买方在拍卖会结 束后7日内在正常营业时间里自费 提取。如果时间允许,拍卖物品可 在每次拍卖会后交付。交付必须在 全额支付全部购买价款和附加金额 (含增值税),且Koller将该金额划 归至拍得物品后方可进行。用于支 付的支票须经支付银行确认后,拍 得物品方可交付。

8.2 在上述期限内,Koller承担拍 得且已支付金额的物品丢失、被 盗、损坏或损毁的责任,但承担的
价值最高不超过竞买价款、附加 金额和增值税的总额。在上述期限 后,Koller不再承担任何责任,并 且,买方应负责为拍得物品购买适 当保险。对于画框和玻璃Koller不 承担任何责任。如果拍得物品在7 日内没被提走,其储存费用和风险 则由买方承担。

8.3 可以向Koller发送书面运送 指示。除非另有书面约定,出售 物品的运送保险费用应由买方承 担。Koller不承接玻璃镶嵌画作和 易碎物品的运送。

9. 拍得物品的付款
9.1 买家成功竞拍物品的账单须 在拍卖结束后7日内支付。在买 家未能按时支付拍卖账单的前提 下,Koller本着对自己及卖家利益 负责的原则,拥有对买家已经支付 的部份付款的解释和使用权利,买 家会因欠款而失去相应的权利。 如果买方延迟付款,Koller 将按 照账单最高额收取年息为 10%的违 约利息。如果Koller 在相应的拍 卖会结束7天之后未收到买家的付 款,koller有权在不知会买家的情 况下,在买家的信用卡上扣除相应 的款项,并追加2%-4%的工作费。

9.2 如果买方不付款或者不按时付 款,Koller可以以自己的名义也 可以以卖方的名义,(1) 要求买方
继续履行购买合同,或(2) 无需通 知,撤销购买协议并放弃此后买方 的履行,或者主张不履行损害赔 偿;在后一种情形下, Koller有 权在不考虑最低售价的情况下将该 物品直接出售或拍卖,并可适用所 得款项冲抵买方的欠款。任何可能 高于最初拍定价格的出售价款,应 支付给卖方。买方对于所有因其不 付款或延迟付款所导致的损害,向 Koller和卖方承担责任。

9.3 在全部应付款项支付完毕 前,Koller对处于其控制之下 的买方物品享有扣留权和留置 权。Koller可以依法通过强制执行 债务或个人出售(包括以其自己的 名义)行使该留置权。根据《瑞士 债务收取和破产法》第41条规定,对上述留置权的行使所做的申诉,在此予以排除。

10. 代理 各买方应对其报价亲自承担责任。对于第三方或法人机关的代理人参 加竞拍,可能需要提供委托授权证 明。授权代理人将与其代理的机构 或个人连带承担履行全部债务的责 任。

11. 其他相关规定
11.1 拍卖将有苏黎世市政府的一 位官员出席。出席拍卖会的政府官 员、当地政府或州均不对Koller的 行为承担责任。

11.2 Koller保留在其出版物和媒 体刊登出售物品图列和图片以及借 此宣传其服务的权利。

11.3 前述所有条款构成拍卖会所 签署各项购买协议的一部分。任何 修改只有经过Koller书面确认后方 可有效。

11.4 本拍卖条款及其所有修改均 受瑞士法律的管辖。

11.5 对于任何因本拍卖条款(包括 其有效性、法律效力、解释或履 行)引发或与之有关的争议解决(包括请求权和反请求权的提出),均由苏黎世州(Kanton Zuerich) 法院排他管辖。但是,Koller可以 向任何其他有管辖权的法院提起诉 讼。
Zurich, 1 July 2018


ONLINE ONLY AUCTION CONDITIONS


These conditions apply to items which are auctioned by Koller (according to the definition below) exclusively online. By using Koller’s website (including all domains and subdomains; “Website”) and/or by participating via the Internet in an auction of items on this Website (“Online Auction”) the bidder who uses this Website to purchase an item or to obtain information about the items to be auctioned on the Website (“Bidder”) accepts the following Auction Conditions of Koller Auctions Ltd, Hardturmstrasse 102, 8005 Zurich, Switzerland (“Koller”).

1. Legal status of the parties

The auction items are auctioned by Koller in the name of and on the account of the seller of the auctioned item (“Seller”). Koller acts on behalf of and for the account of the Seller as his agent as defined in article 32, section 1 of the Swiss Code of Obligations (“CO”). The hammer price is determined by the bidder recognised at the close of bidding by Koller as having made the highest bid in Swiss Francs in the course of an Online Auction (“Purchaser”), resulting in the conclusion of a purchase contract between the Seller and the Purchaser (“Purchase Contract”); concerning the formation of the Purchase Contract see Article 7) concerning the item auctioned on the Website during an Online Auction. Koller is thereby not a party to the Purchase Contract.

2. Validity and modifications

2.1 These Auction Conditions govern the rights and obligations of Koller and the Bidder/Purchaser with respect to use of the Website and/or participation in the Online Auction.

2.2 These Auction Conditions furthermore govern the modalities of the formation of the contract between the Seller and the Purchaser.

2.3 The Bidder and/or Purchaser reconfirms his acceptance of these Auction Conditions each time he logs in to the Website. Koller retains the right to alter these Auction Conditions at any time and to publish the currently valid Auction Conditions on the Website.

3. Hammer Price, Surcharge and Commission

3.1 In addition to the bid price of an item, which is the highest bid in accordance with the Online Auction procedures (“Hammer Price”), the Purchaser must pay a surcharge on such bid price of 25% (“Surcharge”).

3.2 The Purchaser must pay Swiss value added tax (“VAT”) on the Surcharge. The full tax is charged on all items marked * in the auction catalogue, i.e. VAT is charged on the sum of the Hammer Price plus the Surcharge for those items. The VAT will be refunded to Purchasers providing a validly stamped export declaration.

3.3 The Purchaser agrees that Koller also has the possibility to receive a commission from the Seller.

4. Guarantee

4.1 Koller shall rescind the purchase (subject to Sections 4.2 and 4.3 below) in the name of the Seller and shall reimburse the Hammer Price and the Surcharge (incl. VAT) to the Purchaser if an item proves to be a forgery. A “forgery” shall be deemed to exist if the item, in the reasonable opinion of Koller, is an imitation created with the intention of causing a deception with respect to the authorship, age, period, culture or origin, insofar as such information is not reflected in the Online Auction catalogue description, and if this circumstance significantly impairs the value of the item in comparison to an item corresponding to the catalogue description. An item shall not be deemed to have been forged if it is merely damaged and/or has been subjected to restoration work and/or modifications of any nature whatsoever.

4.2 A rescission in accordance with the above provision shall not take place at the discretion of Koller if: 

i.    the description of the item in the online auction catalogue was supported by the view of a specialist or by the prevailing view of specialists, or if the description in the Online Auction catalogue suggested that differences of opinion exist in this respect; 

ii.   the forgery was not identifiable as such at the time of the successful bid in accordance with the current state of research and with the generally acknowledged and usual methods, or only with disproportionate effort; 

iii.  the forgery (based on Koller’s conscientious assessment) was produced before 1880; or 

iv.  the purchased item is a painting, watercolour, drawing or sculpture which according to the details set out in the Online Auction catalogue was created prior to 1880.

4.3 The Purchaser may request rescission from Koller (as the agent of the Seller) from the day of the successful bid for a period of two (2) years (three (3) weeks for jewellery). It shall be granted exclusively to the Purchaser and may not be assigned to any third party. Assertion of the claim shall be conditional upon the Purchaser making a complaint to Koller by registered letter immediately after the discovery of the defect, and returning the purchased item to Koller in the same condition as it was handed over to him and unencumbered by third parties’ claims. The Purchaser must provide proof that the item is a forgery. Koller may demand that the Purchaser obtains at his own expense expert opinions from two independent individuals who are recognised experts in the field. However, Koller shall not be bound by any such expert opinion, and reserves the right to obtain additional expert advice at its own expense.

4.4 Koller may at its complete discretion waive the assertion of grounds for exclusion pursuant to the above Section 4.3 or the fulfilment of preconditions pursuant to the above Section 4.2.

4.5 The claims of the Purchaser against Koller as the agent of the Seller under Section 4.1 are limited to the reimbursement of the Hammer Price and Surcharge (incl. VAT) paid by the Purchaser. Further or other claims of the Purchaser are excluded under any legal title (including error according to art. 23 ff. CO) whatsoever.

5. Disclaimer

5.1 The items are auctioned in the condition existing at the time of the successful bid. The items offered in the Online Auctions are “used” objects and are therefore generally not in pristine condition.

5.2 Each item in the Online Auction catalogue is listed with a description and an illustration. The information in the Online Auction catalogue, as well as the condition reports issued by Koller, are intended to provide an overall impression and a non-binding assessment by Koller. The items are described to the best of our knowledge and belief. However, Koller cannot accept any liability for the details provided in the Online Auction catalogue. Koller cannot provide to the Bidder any further information (apart from what is included in the Online Auction catalogue) about the item, including condition reports and further images. The items may be inspected during the preview times and locations indicated on the Website or in the Online Auction catalogue. The Purchaser is therefore invited to inspect an item prior to the auction and, possibly with the assistance of an independent specialist advisor, to form his own opinion of the concordance between the item and the catalogue description. Concerning the descriptions of the items, the most recent version of the German-language Online Auction catalogue published on the Website (including any later amendments) shall be exclusively applicable. Koller reserves the right to call upon experts or specialists of its choice to give an opinion and to rely on that opinion. Koller cannot be held liable for the correctness of such opinions. Neither any such expert opinions or reports, nor the descriptions of items provided by Koller, nor other statements pertaining to an item (including statements pertaining to the value thereof) constitute explicit or implicit warranties.

5.3 Koller shall not be liable, with reserve to mandatory statutory provisions, for the non-availability of the Website nor for the partial or complete failure or malfunctioning of the Website and/or the Online Auction platform. In particular, Koller assumes no responsibility for technical issues which cause bids to be delayed, not processed or incorrectly processed. Koller assumes no responsibility for the correlation of the system’s clock with any officially determined time. The Website and/or the Online Auction platform may be unavailable or partially available due to maintenance or other reasons, without giving cause for any claims by the Bidder and/or Website user against Koller.

5.4 Koller shall not be liable for any damages whatsoever to the Bidders, Purchasers, Sellers, Website users or other third parties in connection with the misuse or mishandling of the Website and/or the Online Auction platform by other Bidders, Purchasers, Sellers, Website users or other third parties.

5.5 Koller shall not be liable for the currentness, correctness, legality, completeness or quality of the content of websites which are available through links on the Website and hereby excludes all liability in this connection.

5.6 Subject to Article 4 above, no guarantee or warranty whatsoever is given in respect to legal and material defects. The liabilities of the Seller vis-à-vis the Purchaser are limited to the same extent as the liabilities of Koller vis-à-vis the Purchaser.

6. Participation in an Online Auction and Use of the Website

6.1 There is no entitlement to registration, membership or use of the Website and its corresponding Online Auction platform, nor to the use of Koller’s services. Koller is at liberty in particular to refuse an application or a registration at any time or to exclude a Bidder, to forbid the use of its Website or to discontinue its services vis-à-vis a Bidder or a Purchaser.

6.2 In order to participate in an Online Auction, Bidders must register on the Website by entering their full personal data (first name, last name, date of birth, address of current main residence, telephone number, email address), valid credit card information, and give their due consent to the present Auction Conditions as well as to the privacy notice that accompanies them. Should the registration be effected on behalf of a company, then instead of the above-mentioned personal data, the name of the contact person as well as the full name and address of the company should be stated. Koller may however request additional information or verification (such as, for instance, the entry of an activation code sent separately). Should any change occur to the above-mentioned information, the Bidder shall undertake to register immediately said change(s) into his Website user account, in order that the Bidder’s information remains complete and exact at all times. The registration is personal and non-transferable. Registration is unrestrictedly open only to natural and legal persons with legal capacity. Minors (persons below the age of eighteen) are excluded from participation. After issuance of the invoice, Koller shall not be able to make any changes or modifications to the address or to the name of the Purchaser.

6.3 In the event of a default in payment on the Purchaser’s part, Koller is entitled to debit the Purchaser’s credit card up to the amount due.

6.4 It is forbidden to attempt to influence and/or manipulate the price of the objects that are offered for sale in an Online Auction by using several registrations or in collaboration with other Bidders or through third-party registrations.

6.5 Koller is entitled to claim at any time the transfer in advance of 20% of the low estimate of an object as a guarantee. Koller shall offset its claims as well as those of the Vendor against this amount and shall immediately return the surplus, if any, to the Purchaser.

7. Online Auction – Formation of a Purchase Contract

7.1 During an Online Auction, the Seller’s object(s) shall be offered for sale for a time period defined by Koller (generally two weeks, “Bidding Period”) for a fixed minimum price (“Starting Price”) according to the conditions set forth in the present Auction Conditions, published on Koller’s Website and in corresponding Online Auction catalogues. The Bidding Period ends at a certain point in time which shall be determined by Koller and announced on the Website (date and time). Koller is however at liberty to prolong the Bidding Period if this appears necessary to ensure the proper execution of the Online-Auction.

7.2 Bidders may place their bids on the Website during the entire Bidding Period for the objects in the Online Auction catalogue, as long as they dispose of a current registration on the Website (see Article 6). Starting with the minimum price set by Koller or by the Seller (Starting Price), the Bidders, in competition with one another, may place their bids for the corresponding object. The bids are placed by clicking on the “Bid Button”. Once the bid has been placed by clicking on the “Bid Button”, the Bidder sees, in a pop-up window, an overview of the current state of the bid price according to Article 3 (which shall be due in the event a Purchase Contract is formed, see paragraph 7.5 below). The bidding increments (i.e. the minimum amount by which a Bidder can outbid another Bidder) shall be determined by Koller before the opening of the Online Auction. The Bidders may place a maximum bid. In this case, the bid amount for the object selected by the Bidder shall be automatically increased incrementally (as defined by Koller) until the Bidder’s maximum bid has been reached.

7.3 No right of rescission (of the consumer) exists for the Bidder and/or the Purchaser, neither vis-à-vis the Vendor, nor vis-à-vis Koller.

7.4 As a rule, the Bidders shall be informed should they be outbid. However, Koller is unable to guarantee the timely delivery of such information. Should a Bidder wish to be informed in “real time” about the state of the Online Auction, he must follow the Online Auction directly on the Website. Should a new bid for a particular object be placed 30 seconds before the closing of the Online Auction, the Bidding Period shall then be extended for one minute for that specific object.

7.5 In order to be valid, bids must be placed within the entry forms provided for that purpose on the corresponding Website page. The placement of a valid bid during an Online Auction on an auction item offered by the Seller necessarily presupposes the approval and /or acceptance of the conditions laid down in the present Auction Conditions in the event that the Bidder becomes, at the expiry of the Bidding Period, the highest Bidder (conclusion of a suspensive conditional contract). The Bidder shall afterwards remain bound by his Bid (i.e. the suspensive conditional contract) until he has been outbid. The fall of the hammer, at the expiry of the Bidding Period, awards the bid to the highest Bidder, which creates automatically a binding contract between the highest Bidder and the Vendor regarding the object offered for sale. At the expiry of the Bidding Period, Koller determines who the highest Bidder is. Should the conditions that have induced the creation of a suspensive conditional contract through the placing of the Bid be met, the suspensive conditional contract becomes a binding Purchase Contract at the expiry of the Bidding Period (consequently, the award of contract at the fall of hammer) between the Vendor and the Highest Bidder. The decision about the binding approval and/or the binding acceptance on the Bidder’s part in case of differences of opinion or alleged repeated Bids, if a higher Bid was overlooked, was not perceived or otherwise remained unheeded or could not be taken into account for technical reasons rests exclusively with Koller.

7.6 Koller retains the right to withdraw auctioned items, even after the opening of the Online Auction and even if this is not evident to the participants in the Online Auction.

7.7 Koller reserves the right to not follow the order appearing in the Online Auction catalogue and to withdraw certain items or to offer them at auction in a different order. Koller reserves the right, in particular circumstances, to sell lots “conditionally” at its sole discretion, in which event the hammer price will be considered as conditional and the highest Bidder will remain bound by his bid for 14 days following the auction. The highest Bidder will be released from all obligations if he does not receive a statement from Koller within this period declaring the hammer price as final.

8. Transfer of title

Ownership of an auctioned item shall be transferred to the Purchaser as soon as the purchase price and the surcharge (incl. VAT) have been comprehensively paid and Koller has attributed these payments to the corresponding item. 

9. Collection of the auctioned items

9.1 The auctioned items must be collected at the Purchaser’s own expense within 7 days from the end of the auction during official opening hours. The place of performance for the purchase contract between the Purchaser and the Seller is therefore the registered office of Koller. If time permits, the items may be handed over after each auction session. The handover shall take place following comprehensive payment of the purchase price as well as the Surcharge (incl. VAT) and the attribution of this sum to the auctioned item by Koller. 

9.2 During the aforementioned period, Koller shall be liable for loss, theft, damage or destruction of items which have been auctioned and paid for, although solely due to intentional or grossly negligent acts on the part of Koller, and only up to the total of the Hammer Price, Surcharge and VAT. Koller ceases to have liability after the aforementioned period, and the Purchaser shall be responsible for ensuring adequate insurance cover for the auctioned item. No liability can be assumed for frames and glass. If the auctioned items are not collected within 7 days, Koller will store the works at a company of their choice at the purchaser’s own risk and expense or on their own premises at a daily rate of CHF 10 per object. These costs will, independently of the payment method chosen by the Purchaser according to Article 10 below, be debited from the Purchaser’s credit card, or (at Koller’s decision) invoiced by Koller to the Purchaser.

9.3 Shipping orders may be given to Koller in writing. All shipping costs shall be borne by the Purchaser. Unless otherwise agreed in writing, transport insurance shall be contracted for the sold items at the expense of the Purchaser. Glass-covered pictures and fragile items shall not be sent by Koller. 

10. Payment for the auctioned items

10.1 The successful Bidder (i.e. the Purchaser) will receive an invoice by email at the end of the Online Auction for all purchases in that auction, which must be paid within 7 days from the end of the Online Auction (i.e. the end of the Bidding Period). Any shipping and mailing costs will be invoiced separately.

10.2 Irrespective of the Purchaser‘s instructions, Koller may use any payments by the Purchaser as settlement for any debt owed by the Purchaser to Koller or the Seller and set off any debt which it owes to the Purchaser against its own claims. If the Purchaser defaults on a payment, default interest of 10% p.a. shall be charged on top of the invoiced sum. If Koller does not receive payment for purchases within the stated delay, Koller reserves the right to charge the Purchaser’s credit card given during registration for the full amount of the invoice, without further notification to the Purchaser. In such cases credit card processing fees of 2–4% will also be charged to the Purchaser’s credit card.

10.3 If the Purchaser does not pay or does not pay promptly, Koller may moreover in its own name and in the Seller’s name either (i) insist on the fulfilment of the purchase agreement or (ii) without further notice withdraw from the purchase agreement and waive the subsequent performance of the Purchaser or assert a claim for compensation for non-performance; in the latter case Koller shall also be entitled, irrespective of any minimum sales price, to sell the item either directly or in an auction, and may use the proceeds to reduce the debts of the Purchaser. Any amount realised above the original Hammer Price shall be paid out to the Seller. The Purchaser is liable to Koller and the Seller for all prejudice caused by non-payment or late payment.  10.4 Koller retains a right of retention and a lien on all the Purchaser’s items in its custody until full payment of all monies owed. Koller may exercise such liens in accordance with the legislation on the enforcement of debts or by private sale (including in its own name). The plea of prior lien exploitation pursuant to Art. 41 of the Swiss Debt Collection and Bankruptcy Act is excluded.

11. Representation

Each Purchaser shall be personally liable for each successful highest bid attributed to him, and for the purchase contract between the Purchaser and the Seller according to Article 7. Proof of the power of representation may be requested from persons bidding as agents for a third party or as an organ of a corporate body. The agent shall be jointly and severally liable with his principal for the fulfilment of all obligations.

12. Miscellaneous provisions

12.1 The Privacy Notice is an integral and binding part of these Auction Conditions.

12.2 Koller reserves the right to transfer any or all rights and obligations from these Auction Conditions to a third party or to have these carried out by a third party. The bidder and/or Purchaser does not have the right to transfer any rights from these Auction Conditions to a third party.

12.3 Koller reserves the right to publish illustrations and photographs of sold items in its own publications and the media and to publicise its services therewith. 

12.4 The aforementioned provisions form part of each individual Purchase Contract concluded at the auction, each individual participation in an Online Auction and each individual visit to the Website by the Bidder and/or the Purchaser. Amendments are binding only with Koller’s written agreement. 

12.5 Should certain provisions of these Auction Conditions be or become partially or fully invalid and/or unenforceable, this does not affect the validity of the remaining provisions. The invalid and/or unenforceable provisions shall be replaced by those which most closely approximate the economic meaning and intended economic purpose of said provisions. The same shall be applicable to any possible gaps or loopholes in the provisions.

12.6 The present Auction Conditions and all amendments thereof are governed by Swiss law, under exclusion of possible references to Switzerland’s Federal Code on Private International Law (CPIL), and under exclusion of the Vienna C.I.S.G. Convention (UN Convention).

12.7 The courts of the Canton of Zurich shall be exclusively responsible for settling disputes (including the assertion of offsetting and counterclaims) which arise out of or in conjunction with these Auction Conditions (including their validity, legal effect, interpretation or fulfilment). Koller may, however, initiate legal proceedings before any other competent court.

12.8 In the event of any discrepancy between the different language versions of these Auction Conditions, the German language version shall prevail.

Zurich, 1 September 2018