Terms and conditions
CONDITIONS OF SALE BY AUCTION
The following conditions of auction, which are deemed to be accepted in full upon submission of a written, electronic, verbal or telephone bid, apply to Hess Divo Auctions:
1. The auction is carried out voluntarily and publicly in the name of Hess Divo AG for the account of the consignor(s), who remain(s) anonymous.
2. The auction will be held under the authority of the City of Zurich.
3. Bidders who are unknown to Hess Divo AG (hereinafter referred to as "Auctioneer") are asked to prove their identity prior to the auction. In addition, the Auctioneer reserves the right to deny individuals access to the auction premises, at its own discretion and without stating a reason. The Auctioneer is entitled, with the approval of the auction monitor, to deviate from the designated order in the catalog and to combine lot numbers. In case of disagreement, the Auctioneer may re-offer a lot. The auction is conducted in German and partly in English.
4. The Auctioneer executes written orders and telephone orders diligently and in the interests of the consignor, however without liability. Written bids (and bids submitted electronically) can only be considered if they are received no later than 24 hours prior to the auction (or 12 hours for bids submitted via an Internet platform). In principle, telephone bidding is possible for items with an starting price of over CHF 1000,- and bids must be placed at least 48 hours before the auction begins. A successful telephone line can not be guaranteed.
5. The auctioneer declares to submit to the Swiss „Kulturgütertransfergesetz“.
6. Only the descriptions of each respective lot number in the printed catalogue, and not the illustrations, are binding for the auction. The auction catalogue published on the internet is for information purposes only.
7. The prices in the catalogue are starting prices in Swiss Francs (CHF) and represent the minimum knock-down price. Bids that are lower than the starting price can not be taken into account. The award takes place following a call for the highest bid, which commits the highest bidder to purchase the lot. If equally high written bids are received, the first received bid has priority. "Either / or" orders and order limits can only be executed or considered conditionally. The Auctioneer may reject a bid, without stating a reason and without liability. The risk passes to the buyer with the fall of the hammer. Each successful bidder is personally liable for his purchases and can not claim to have bought for the account of third parties.
8. A premium of 20% is payable on the hammer price. If the bid is successful via the AUEX live bidding platform, an additional 2% will be charged. After the knockdown has taken place, the auction invoice is due for immediate payment in Swiss currency.
9. For platinum, silver and copper coins and all medals, banknotes, decorations, antiques etc., statutory value added tax at the rate of 7,7% is charged on the total of the auction invoice (i.e. hammer price plus buyer's premium and any shipping costs and insurance premiums). Value added tax is not charged for state-embossed gold coins and the associated premiums. Value added tax is not payable if the Auctioneer ships the auction lots abroad. Value added tax is initially charged to buyers residing outside of Switzerland to whom the auctioned lots are handed over in Zurich; however this is refunded in full by the Auctioneer once the definitive tax assessment decision of the Swiss Customs is to hand.
10. The auction invoice is due for payment immediately upon receipt, however by no later than 10 days after the end of the auction. After expiry of the payment period, the buyer automatically falls into arrears and the Auctioneer is entitled to demand interest at the rate of 10% p.a. If the buyer is in default of payment or refuses to accept the auctioned lot, the Auctioneer reserves the right to sue the buyer for either fulfillment of the contract or for compensation for losses resulting from non-fulfillment, or to withdraw from the contract.
11. In principle, the auction lots are only handed over or shipped after full payment of the auction invoice. It is at the sole discretion of the Auctioneer to hand over lots on account. Costs incurred abroad, such as customs duties and taxes, as well as the associated shipping costs and insurance charges, are borne solely by the buyer. Shipping to the Russian Federation is expressly made subject to the recipient's own risk.
12. The auction item remains the property of the consignor until the auction invoice has been paid in full.
13. Compliance with foreign customs and exchange regulations etc. is the responsibility of the buyer. The Auctioneer expressly disclaims responsibility for any consequences that may arise from contravention of such regulations .
14. The lots to be auctioned are described to the best of our knowledge and belief and with great care. Bidders have the opportunity to inform themselves about the condition of the lots, in person or through a representative, during the viewing days listed in the catalog. Justified complaints regarding the condition of the auctioned item must be received by Hess Divo AG by registered letter. Claims due to disagreement about the level of conservation of a lot are not accepted. Lots which contain more than one piece are excluded from claims of any kind.
15. The authenticity of the auction items is warranted. The right to claim warranty is granted to the buyer only and can not be assigned to third parties. The assertion of the warranty claim requires the buyer to give notice of defect to Hess Divo AG by registered letter immediately after discovery of the defect and the forged auction item must be returned to Hess Divo AG in the same condition as it was handed over to the buyer, unencumbered by third party claims. The buyer must, at his own expense, provide proof that the auction item is a forgery. Hess Divo AG may require the buyer to seek the opinion of two independent experts recognized in the field, at the buyer's own expense; however, Hess Divo AG is not bound by such opinion and reserves the right to seek additional expert advice at its own expense .
16. For coins in so-called "slabs", any warranty is void as soon as these are opened. Any claim or reclamation has to be made directly to NGC or PCGS.
17. Justified claims of the buyer against Hess Divo AG concerning the condition or falsity of the auction item are limited to the refund of the purchase price and the premium paid by the buyer (including any VAT). Further or other claims of the buyer against Hess Divo AG or its employees are excluded under any legal title whatsoever.
18. The names of the consignor and the buyer are not normally disclosed. The Auctioneer is entitled to exercise all rights of the consignor against the buyer arising from the contractual relationship in its own name.
19. The place of fulfillment and the exclusive place of jurisdiction is Zurich 8001, Switzerland. In addition, Swiss cantonal and federal laws apply. The auction and all related legal transactions are subject exclusively to Swiss law.
20. The original German text is authoritative for the interpretation of the present conditions of auction in the German, French and English languages.
Zurich, April 2019
Hess Divo AG VAT no.: CHE-107.704.048
For payments in Swiss francs (CHF):
Zürcher Kantonalbank, CH-8001 Zurich, Clearing 700, account no. 1100-0074.731
IBAN: CH64 0070 0110 0000 7473 1, SWIFT: ZKBKCHZZ80A
For payments in euros (EUR):
Deutsche Bank, Senser Platz 9, 79539 Lörrach, Germany, account no. 0391441, sort code: 68370024
IBAN: DE24 6837 0024 0039 1441 00, SWIFT: DEUTDEDB683