Modern & Contemporary Art

TERMS OF SALE These conditions (CV) apply only to objects that TGP SA (as hereinafter defined) present at an auction online. By using this website (including all domains and sub-domains; "Website") and / or taking part in online auction items through the Site ( "sale (s) Home? ), the bidder who uses this Site to buy an item or to inquire about the items for sale on the Site ( "bidder") submits to the Terms of Auction Online ( "CV") below TPG SA, Avenue station 1, 2000 Neuchatel, Switzerland ( "TGP Auction"): 1. legal status of the parties the auction items will be auctioned by TGP Auction on behalf of and for the account of him who handed ( "Principal"). TGP Auction acts in the name and on behalf of the Principal as direct representative / immediate in the sense of art. 32. 1 of the Swiss Code of Obligations ( "CO"). The award is granted to the Bidder Auction TGP recognized as having made the best offer in Swiss francs in connection with the online sale ( "Purchaser") at the end of the auction period, which is created by a contract of sale ( "sale agreement") as of right between the Buyer and the Principal about the item sold at the Online Shop through the Site (concerning the establishment of sale contract, see figure 7). TGP Auction is thus not part of the Contract of Sale. 2. Validity and changes 2.1 The CV apply to use of the Site and / or participation in Online Sales under the Rights and Duties of TGP Auction and Bidder, resp. Buyer. 2.2 The CV also govern the modalities for the establishment of the contract between the Seller and Buyer. 2.3 The Bidder, resp. Buyer, reconfirms the CV every time he connects to the Site. TGP Auction reserves the right to modify the said CV anytime and publish whenever the new version on its website. 3. Hammer price, charge and commission 3.1 In addition to the hammer price, which is the highest bid in accordance with the sales process communication ( "Hammer price") Buyer pays 25% premium above the hammer price of each lot, plus VAT of 8.1% over this amount. 3.2 For all lots, VAT payable by the buyer shall be calculated on the hammer price plus the bid. Foreign buyers should inquire before sale and comply with import and export rules between Switzerland and the country of destination. If the VAT amount exceeds CHF 50, it will be refunded upon presentation of the export documents validated by Swiss customs. 3.3 The Buyer agrees that TGP Auction also receives a commission by the Principal. 4. Warranty 4.1 If an item purchased should prove to be a fake, TGP Auction cancel the tender (subject to numbers 4.2 and 4.3 below) on behalf of the Principal and reimburse Buyer the auction price and Supplement plus VAT. It is meant by false any object that is in accordance with a reasonable assessment of TGP Auction, an imitation made with the intention of misleading others falsely, either in relation to the author, age, time, the crop circle or origin, without the correct description of these elements appears from the catalog of the Online Shop (taking into account any changes) and that this fact significantly reduces the value of the object to an object corresponding to the catalog description. A lot is not considered adulterated if it is only damaged or has been the subject of restoration and / or any changes. 4.2 The auction will not be canceled in accordance with the above provision, according to the appreciation of TGP Auction, where: i. the description of the object in the Online Sale catalog was consistent with the opinion of an expert or to the general opinion of experts or when the description in the Online Store catalog implied that there differences of view in this regard; ii. the state of technical progress and methods generally accepted and practiced have failed to recognize the false at the time of the auction or the complexity of their use would have been disproportionate to the value of the object; iii. false was performed (according to careful estimation of TGP Auction) before 1880; or iv. the purchased item is a painting, a watercolor, drawing or sculpture that the completion date should be prior to 1880 in accordance with the indications given in the catalog of the Online Shop. 4.3 The Buyer may request cancellation of the auction to TGP Auction (as representative of the Principal) at the date of the auction for a period of two (2) years (three (3) weeks for jewelry). It is granted exclusively to the Buyer and its transfer to third parties is not allowed. The implementation of the claim requires the Buyer to address TGP Auction a letter by registered mail from discovery of the defect and that immediately restores the object purchased falsified TGP Auction in the same condition as the day of delivery and free from any third party claims. Buyer must provide proof that the auctioned item is a fake. TGP Auction may require Buyer that the latter do achieve at his own expense appraisals by two independent experts in the matter, but it is not required to take into consideration these assessments and reserves the right to be counselor at his expense by other experts. 3 4.4 In its own assessment, TGP Auction may waive enforcement of a reason for exclusion in accordance with section 4.3 above or to the conditions stipulated in section 4.2 above. 4.5 The claims that the Purchaser may assert with regard to TGP Auction as a representative of the Principal under Section 4.1 is limited to reimbursement of the auction price paid and the Supplement, plus VAT. Any further claims or claims of another nature of the Buyer with regard to TGP Auction or its employees is excluded regardless of the legal grounds (including fundamental error according to Article 23 ff. CO). 5. Disclaimer 5.1 The items are auctioned in the condition in which they are at the time of the auction. The items offered in the Online Shop are by definition "worn out" and therefore rarely in perfect condition. 5.2 Each object is described and illustrated in the Sale Catalog Online. The information in the catalog and in the reports on the conservation status (condition reports) represent only a general idea and assessment without commitment by TGP Auction. Describing Objects is done conscientiously, TGP Auction can not however accept responsibility for the information contained in the catalog. TGP Auction can provide the Bidder no additional information (in addition to those found in the Online Sale Catalog) on ??an object auctioned or provide photographs, or other information on its status (status report). Objects can be examined during the period and exhibition venues published on the Site or in the Sale Catalog Online. Therefore, the buyer is invited to discuss the subject before Sale Online and assess himself the conformity of the lot with a description of it in the Sale Catalog Online, where applicable, and is assisted by an independent technical advice. TGP Auction reserves the right to call in experts or specialists of its choice to rely on their opinion and forge itself his own opinion. TGP Auction can not be held responsible for the correctness of such opinions. The opinions of these experts or expertise, descriptions of objects made by TGP Auction or any other statement about an object (including statements concerning its value) constitute any explicit or implicit promises. 5.3 TGP Auction specifically excludes liability, subject to mandatory statutory provisions for the non-availability of the Site and for nonfonctionnement or partial operation of the Site and / or the platform Sale Online. In particular, TGP Auction expressly disclaims all liability for technical defects that could delay the auction, prevent them from being treated or being treated properly. It is possible that the Site and / or the Online Selling Platform is unavailable for maintenance or other reasons, without that justifies claims, suits or claims TGP Auction vis-?-vis from the Bidder resp. the user of the Site. 5.4 TGP Auction expressly disclaims all liability for damage to Bidders, buyers, Principals, Site users or other third parties arising from improper use or misuse of the Site and / or platform Online Marketplace for of other Bidders, Principals, Buyers, Site users or third parties. 4 5.5 TGP Auction expressly disclaims any responsibility for the topicality, correctness, completeness or quality of the content of websites that are available through links on the Site and excludes all liability in connection therewith. 5.6 Subject to section 4 above, any liability for material or legal defects is excluded. the Principal's obligations to the Buyer are limited to the same extent that the TGP Auction commitments with regard to the Buyer. 6. Participation in Online Sale and use of the Site 6.1 There is no right to registration, membership or use of the Site or the sale of platform corresponding line, or to the use of services TGP Auction. TGP Auction, however, reserves the right to refuse registration or registration, to exclude a bidder, to prohibit access to the Site or to suspend its services against some Bidders and Buyers. 6.2 To participate in Online Sale, the Bidders must register on the site by filling in the boxes on their personal details (full name, date of birth, home address (primary residence) current, phone number, address email), indicate the number of a valid credit card and their agreement concerning these CV and statement. TGP Auction may require additional information and / or carry out additional checks (such as eg request to enter an activation code that will be sent separately). If the recorded data should change, the Bidder shall immediately see the changes on the user account of the Site ensure that such data is kept accurate and complete time. Registration is personal and not transferable. Registration is open unlimited to people who have capacity to act, to natural and legal persons. Any accession of minors (persons who have not attained the age of 18 years) is excluded. After billing, TGP Auction will no longer be able to change a name or address. 6.3 For any late payment, TGP Auction shall be entitled to charge the credit card of the Buyer in the amount due. 6.4 It is forbidden to try to influence and / or manipulate the prices of items that are auctioned online by using multiple registrations, or interacting with others also registered or with other bidders. 6.5 Auction TGP can claim to Bid at any time prior transfer of 20% of the low estimate as collateral. After the closing of the Sale Online, after clearing his rights and those of the Principal at the closing of the Sale Online, TGP Auction offset this amount with his claims and the claims of the Principal and shall promptly repay any surplus to 'Bidder / Buyer. 7. Online Sale - creation of the Sales Contract 7.1 During an online sale, the Principal of the objects offered for sale during a period set by TGP Auction (usually about 2 weeks; "Bidding Period ") at a minimum price determined (Price Departure) the conditions defined in these CVs on the website and in the corresponding sales catalogs online. The Auction Periods expire at a specific time set by TGP Auction and published on the site (date and time). TGP Auction reserves however the right to extend the Auction Period if it considers this necessary to the success of the Online Shop. 5 7.2 Bidders may submit their bids for the duration of the Bidding Period for the corresponding property in the catalog of online sales of the Site, provided they have a valid registration on the Site (cf. figure 6). From out of the Auction Price set by TGP or by the Principal, the Bidders may submit their offers for the subject that interests them. The auctions are by clicking the button "Bid now" After clicking on the "Bid" button, the offer is made and a window appears on the screen revealing the Bidder preview of the sale price pursuant to section 3 (which will be due if a binding sales contract is created (see figure 7.5 below). the increment (ie, the minimum price at which the offer of a bidder may be covered by that of another bidder) is pre-determined by TGP auction before the opening of the Online Shop. 7.3 no right of withdrawal (the consumer) is granted to the bidder, resp. to the Purchaser or vis-?-vis the Principal, or vis-?-vis TGP Auction. 7.4 Bidders will normally be immediately informed of the coverage of their offers by a higher bid. When a Bidder wishes to be informed in real time about the state the online sale, it will s ollow this sale directly online on the Site. 7.5 The Bidder remains bound to its offer, as its bid has not been covered by a higher bid. The supplement is automatically applied to the Bidder the highest bidder at the end of the Auction Period resulting conclusion of a binding contract between the Principal and the bidder offering the most concerning being auctioned. The decision on a binding acceptance of the Bidder in disagreement, or when claims to have repeated the offer several times, that the offer has been neglected or has not been seen or that it remained unsuccessful for one reason or another, or that it has not been taken into account for technical reasons, lies exclusively with TGP Auction. 7.6 TGP Auction reserves the right to withdraw from the sale of auction items, even after the beginning of the Online Shop and although this is not necessarily obvious to the participants in the Online Shop. 7.7 TGP Auction reserves the right to display in a different order or omit the numbers listed in the catalog of Online Sales. 8. Transfer of Ownership Ownership of a awarded object is transferred to the Buyer once the tender price and the surcharge plus VAT were paid in full and that TGP Auction affected these payments to the corresponding object . 9. Removal of objects auctioned 9.1 The Buyer must come and collect at its own cost objects awarded in the 7 days following the close of the Online Shop during the opening hours of TGP Auction. The place of performance of the Sales Contract between the Purchaser and the Principal is therefore the headquarters of TGP Auction. If the time available is sufficient, the objects will be issued after each session. The presentation takes place after full payment of the contract price and the Supplement, plus VAT, and the allocation of that amount to be awarded by TGP Auction. 6 9.2 During the said period, TGP Auction is responsible for loss, theft, damage or destruction of objects awarded and paid, but only in cases of gross negligence or willful negligence on the part of TGP Auction, to competition but the amount of the tender price, the Supplement and VAT. At the expiration of this period, the responsibility of TGP Auction stops and it is then for the Buyer contract appropriate insurance to be awarded. It is assumed no responsibility for the frames and glass. If the auctioned items are not collected within 7 days TGP Auction reserves the right to store them at the expense and risk of the Purchaser with a company of his choice or to its own premises at the daily rate of CHF 10 per object. These costs, regardless of the choice of method of payment according to the number 10, will be charged directly to the credit card of the Buyer, or (as the choice of Auction TGP) will be charged for transfer to TGP Auction. 9.3 The shipping and transport controls are selected directly on the online site by the purchaser or on request. Transportation is at the expense of the Buyer. Failing agreement in writing, the auctioned items are delivered by TGP Auction at the expense of the Buyer for transport. The tables under glass and fragile items are not shipped by TGP Auction. 10. Payment of the auctioned items 10.1 Bidders who won (ie, buyers of auction items) receive by email, at the close of the corresponding online sale, invoice detailing all purchases they are required to pay within 7 days after the closing of the said online sale (ie after the expiry of the Bidding Period) including freight and shipping. 10.2 Auction TGP is also entitled to recover payments from the Buyer, contrary to this instruction, any debt of Buyer to TGP Auction or to the Principal and to compensate for any debt to the Purchaser against himself or the Principal with its own claims. In the event of late payment by Buyer, a late penalty at the rate of 10% will be applied to the amount of the invoice. If payment of the Buyer fails to TGP Auction within the said period, TGP Auction reserves the right to request to the Purchaser without warning in advance, up to the total bill, plus a management fee of 2 and 4%. 10.3 If the payment due by the Buyer does not occur or is not made in time, TGP Auction may also, optionally, on his behalf and also on behalf of the Principal (i) continue to require performance of the contract sale or (ii) without having to specify a time, waive the right to seek enforcement of the contract and terminate the sales contract or claim damages for non-performance; in the latter case, TGP Auction is also entitled to sell the object will counter or through an auction regardless of the minimum price (Departure Award) and use the sale proceeds for the reduction of debts of the Buyer. A possibly higher auction price at the original sale price is paid to the Principal. Buyer is responsible vis-?-vis Auction TGP and the Principal for any damage resulting from non-payment or late payment. 10.4 Until full payment of all amounts due, TGP Auction reserves a lien on all the Purchaser objects in his possession. TGP Auction is empowered to carry through to the enforcement of such pledges or perform privately (including the purchase by Auction TGP). The benefit of the 7 previous realization of a pledge by Article 41 of the Swiss Act on Debt Enforcement and Bankruptcy is excluded. 11. Representation Each Purchaser personally liable for the award that was made to him and the Sale Contract with the Principal (in figure 7) that results. The proof of the powers of representation may be required of persons who act as representatives for the account of third parties or as a body of a legal person. The representative jointly and severally responds with the illustrated fulfilling all commitments. 12. Miscellaneous 12.1 The Privacy Statement forms part of this CV. 12.2 TGP Auction reserves the right to transfer all or any of its rights or obligations under these CV to a third party, or to entrust their execution to third. The Bidder or the Buyer does not have the right to transmit the rights or obligations of these CV to third. 12.3 TGP Auction reserves the right to publish photographs and illustrations of the items sold in its own publications and in the media and make advertising purposes. 12.4 These CVs are an integral part of each individual sales agreement reached at the online sales, each individual participating in an online sale, and each individual visit to the Site by the Bidder or the Buyer. Their changes were mandatory scope if TGP Auction has given his written consent. 12.5 In the event that any provision hereof is illegal, void, invalid or unenforceable under any rule of law or a law, it would be deemed unwritten, but would not result in the nullity of these hp. In such a case, the parties agree to negotiate in good faith, taking into account the spirit of this Agreement, any provision which could be substituted for such a stipulation would be deemed unlawful, void, invalid or inapplicable. 12.6 Swiss law is exclusively applicable to these CV and any changes to these Terms, to the exclusion of possible references to the Federal Law on Private International Law (CPIL), and to the exclusion of the Vienna Convention ( United Nations Convention). 12.7 The settlement of all litigation (also when it comes to asserting compensation and against-receivables) resulting from these CV or in connection with these CV (including their validity, legal effect, their interpretation or execution) exclusively courts of Neuch?tel TGP SA "Auction" is however authorized to bring legal action before any other competent court also.