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These conditions apply exclusively to objects that TGP SA (according to the definition below) presents during an online auction. By using this website (including all its domains and sub-domains; "Site") and / or by taking part online in the auction of objects through this Site ("Online Sale (s)" ), the bidder who uses this Site to buy an object or to inquire about the objects to be sold on the Site ("Bidder") is subject to the Conditions of Online Auction ("CV") below from TPG SA, Avenue de la gare 1, 2000 Neuchatel, Switzerland ("TGP Auction"):
1. Legal status of the parties
The auction objects will be put up for auction by TGP Auction in the name of and on behalf of the person who has handed them over ("Principal"). TGP Auction acts in the name and on behalf of the Principal as direct / immediate representative within the meaning of art. 32 para. 1 of the Swiss Code of Obligations (“CO”). The adjudication is granted to the Bidder recognized by TGP Auction as having made the best offer in Swiss francs within the framework of the Online Sale ("Buyer") at the end of the auction period, by which a contract of sale (“Contract of Sale”) ipso jure between the Purchaser and the Principal concerning the object sold during the Online Sale through the Site (concerning the creation of the Contract of Sale, cf. figure 7). TGP Auction is therefore not part of the Sale Contract.
2. Validity and modifications
2.1 These CVs apply to the use of the Site and / or participation in Online Sales within the framework of the rights and duties of TGP Auction and the Bidder, resp. of the Buyer.
2.2 These CVs also govern the terms and conditions for the creation of the contract between the Seller and the Buyer.
2.3 The Bidder, resp. the Buyer, reconfirms these CVs each time they connect to the Site. TGP Auction reserves the right to modify the said CVs at any time and to publish the new version on its Site each time.
3. Hammer price, supplement and commission
3.1 In addition to the hammer price, which corresponds to the highest bid in accordance with the online sales procedure (“Hammer price”)
The buyer pays a fall of 20% in addition to the hammer price of each lot, plus VAT of 7.7% on this fall. Buyers using other platforms (Auction.fr, Invaluable, Liveauctioneers, etc.) pay an additional 3% on the hammer price.
3.2 For lots marked with an *, the VAT due by the buyer is calculated on the hammer price increased by the price. Foreign buyers must inform themselves before the sale and comply with the import and export rules between Switzerland and the country of destination. If the amount of VAT exceeds CHF 50, it can be refunded on presentation of the export documents validated by Swiss customs.
3.3 The Buyer declares that he accepts that TGP Auction will also receive a commission from the Principal.
4.1 If an object purchased turns out to be a forgery, TGP Auction will cancel the auction (subject to figures 4.2 and 4.3 below) in the name of the Principal and reimburse the Buyer the Hammer Price and the Supplement, VAT extra. False is to be understood as any object which constitutes, in accordance with a reasonable assessment by TGP Auction, an imitation made with the intention of misleading others, whether as regards the author, age, time, the culture circle or the origin, without the correct description of these elements appearing in the catalog of the Online Sale (taking into account any modification made) and that this state of facts significantly reduces the value of the object by relation to an object corresponding to the description of the catalog. A lot is not considered as falsified if it is only damaged or if it has undergone restoration work and / or any modifications.
4.2 The auction will not be canceled in accordance with the above provision, depending on the appreciation of TGP Auction, when:
i. the description of the object in the catalog of the Online Sale was in accordance with the opinion of an expert or the general opinion of the experts or when the description in the catalog of the Online Sale suggested that it existed differences of view in this regard;
ii. the technical progress and the generally accepted and practiced procedures did not allow the forgery to be recognized at the time of the auction or the complexity of their use would have been disproportionate to the value of the object;
iii. the forgery was made (according to the careful estimate of TGP Auction) before 1880; or
iv. the object purchased is a painting, a watercolor, a drawing or a sculpture whose completion date should be before 1880 in accordance with the indications provided in the catalog of the Online Sale.
4.3 The Purchaser may request the cancellation of the auction to TGP Auction (as the representative of the Principal) from the date of the auction for a period of two (2) years (three (3) weeks for the jewelry). It is granted exclusively to the Buyer and its transfer to third parties is not authorized. The implementation of the complaint requires that the Purchaser sends a letter by registered letter to TGP Auction upon discovery of the defect and that he immediately returns the falsified purchased item to TGP Auction in the same condition as the day of delivery. and free from any claims by third parties. The Buyer must provide proof that the object awarded is a forgery. TGP Auction may require the Purchaser to have expert assessments carried out by two independent experts recognized in the field, at its own expense, but it is not obliged to take these assessments into account and reserves the right to have them advise at his own expense by other experts.
4.4 Depending on its own assessment, TGP Auction may waive any grounds for exclusion in accordance with article 4.3 above or with the respect of the conditions stipulated in article 4.2 above.
4.5 The claims that the Purchaser can assert with regard to TGP Auction as representative of the Principal under article 4.1 are limited to the reimbursement of the Hammer price paid and the Supplement, VAT extra. Any subsequent claim or claim of any other nature by the Purchaser with regard to TGP Auction or its collaborators is excluded whatever the legal reason (including the essential error according to article 23 ff. Of the CO).
5. Exclusion of liability
5.1 The objects are auctioned in the state in which they are at the time of the auction. The objects offered in the Online Sale are by definition "used" and therefore rarely in perfect condition. 5.2 Each object is described and illustrated in the Online Sales catalog. The information in the catalog, as well as in the condition reports, represents only a general idea and a non-binding assessment on the part of TGP Auction. The description of the objects is made in all conscience, TGP Auction cannot however assume any responsibility for the indications appearing in the catalog. TGP Auction cannot provide the Bidder with any additional information (in addition to that found in the Online Auction catalog) on an item to be auctioned, or provide photographs or any other information on its condition (condition report). Objects can be examined during the period and at the exhibition places published on the Site or in the Online Sales catalog.
Consequently, the buyer is invited to examine the object before the Online Sale and to assess for himself the conformity of the lot with the description of it in the Online Sale catalog, if necessary by being assisted by independent technical advice.
TGP Auction reserves the right to call on the experts or specialists of its choice to rely on their opinion and form its own opinion. TGP Auction cannot be held responsible for the accuracy of such opinions. The opinions of these specialists or expert reports, the descriptions of objects made by TGP Auction or any other statement concerning an object (including statements relating to its value) do not in any way constitute explicit or tacit promises.
5.3 TGP Auction expressly excludes all liability, subject to mandatory legal provisions, for the unavailability of the Site as well as for the non-operation or partial operation of the Site and / or the Online Sales platform. In particular, TGP Auction expressly excludes all liability for technical faults which could delay the auctions, prevent them from being processed or be treated correctly. It is possible that the Site and / or the Online Sales platform is unavailable for maintenance reasons or for other reasons, without justifying claims, lawsuits or claims for compensation against TGP Auction on the part of the Bidder resp. the user of the Site.
5.4 TGP Auction expressly excludes all liability for damage to Bidders, Buyers, Principals, Site users or other third parties resulting from misuse or improper use of the Site and / or the Online Sales platform by other Bidders, Principals, Buyers, Site users or third parties.
5.5 TGP Auction expressly excludes all responsibility for the topicality, accuracy, completeness or quality of the content of the websites which are available through links on the Site and excludes all liability in connection with them. 5.6 Subject to figure 4 above, all liability for material or legal defects is excluded. The Client's obligations to the Buyer are limited to the same extent as TGP Auction's commitments to the Buyer.
6. Participation in an Online Sale and use of the Site
6.1 There is no right to register, join or use the Site or the corresponding Online Sales platform, or to use the services of TGP Auction. TGP Auction however reserves the right to refuse a registration or registration, to exclude a Bidder, to prohibit access to its Site or to suspend its services against certain Bidders or Buyers.
6.2 To participate in an Online Sale, Bidders must register on the Site by filling in the boxes concerning their personal details (full name and first names, date of birth, current home address (main residence), telephone number, address e-mail), indicate the number of a valid credit card and agree to these CVs and the privacy statement. TGP Auction may require additional information and / or carry out additional verifications (such as asking to enter an activation code which will have been sent separately). In the event that the recorded data changes, the Bidder is required to immediately post the changes to the Site user account so that the said data are at all times accurate and complete. Registration is personal and non-transferable. Registration is open in an unlimited way only to people with the capacity to act, to natural and legal persons. Any membership of minors (people who have not reached the age of 18) is excluded. After invoicing, TGP Auction will no longer be able to modify a name or address.
6.3 For any delay in payment, TGP Auction will be entitled to debit the Buyer's credit card up to the amount due.
6.4 It is forbidden to attempt to influence and / or manipulate the price of objects which are put up for auction online by using several registrations, or by interacting with third parties who are also registered or with other bidders.
6.5 TGP Auction may claim from the Bidder at any time the prior transfer of 20% of the low estimate as a guarantee. After the closing of the Online Sale, after compensation for its rights and those of the Client at the closing of the Online Sale, TGP Auction will compensate this amount with its claims and the claims of the Client and will reimburse without delay any possible excess to the 'Bidder / Buyer.
7. Online Sale - creation of the Sales Contract
7.1 During an Online Sale, the items of the Principal are offered for sale during a period of time fixed by TGP Auction (in general, approximately 2 weeks; “Auction Period”) at a determined minimum price (Starting Price ) under the conditions defined in these CVs, on the Site and in the corresponding online Sales catalogs. The Auction Periods expire at a specific time set by TGP Auction and published on the Site (date and time). TGP Auction however reserves the right to extend the Auction Period if it deems it necessary for the proper conduct of the Online Sale.
7.2 Bidders may submit their bids for the duration of the Auction Period for the corresponding goods in the Site's Online Sales catalog, provided that they have a valid registration on the Site (see figure 6). From the Starting Price fixed by TGP Auction or by the Principal, the Bidders can deposit their respective offers for the object which interests them. The auctions are made by clicking on the "Bid now" button After clicking on the "Bid" button, the offer is deposited and a window opens on the screen revealing to the Bidder the overview of the sale price in accordance with figure 3 (which will be due if a binding sales contract is created (see figure 7.5 below). The increment (i.e. the minimum price from which a bidder's bid can be covered by that of another bidder) is determined beforehand by TGP auction before the opening of the Online Sale.
7.3 No right of revocation (of the consumer) is conferred on the Bidder, resp. to the Purchaser, neither vis-à-vis the Principal, nor vis-à-vis TGP Auction.
7.4 Bidders will in principle be immediately informed of the coverage of their offer by a higher bid. When a Bidder wishes to be informed in real time about the status of the Online Sale, he must follow this Online Sale directly on the Site.
7.5 The Bidder remains bound to his offer, as long as his bid has not been covered by a higher bid. The supplement automatically applies to the highest bidder at the expiration of the Auction Period, thus resulting in the conclusion of a binding contract between the Principal and the highest bidder for the item sold at auction. The decision relating to a binding acceptance of the Bidder at the time of differences of opinion, or when he claims to have repeated his offer several times, that the offer has been neglected or that it has not been received or that it has gone unanswered for one reason or another, or that it could not be taken into account for technical reasons, will fall exclusively to TGP Auction.
7.6 TGP Auction reserves the right to withdraw from the sale of the objects put up for auction, even after the start of the Online Sale and even if this is not necessarily obvious to the participants in said Online Sale.
7.7 TGP Auction reserves the right to present in a different order or to omit the numbers indicated in the Online Sale catalog.
8. Transfer of ownership
The ownership of an auctioned item is transferred to the Purchaser as soon as the Award price and the Supplement, VAT extra, have been paid in full and TGP Auction has allocated these payments to the corresponding item.
9. Removal of auctioned items
9.1 The Purchaser must come and collect the auctioned items at his own expense within 7 days of the end of the Online Sale during the opening hours of TGP Auction. The place of performance of the Sale Contract between the Buyer and the Principal is therefore the head office of TGP Auction. If the time available is sufficient, the objects will be delivered after each session. The delivery takes place after full payment of the hammer price and the supplement, plus VAT, as well as the allocation of this amount to the object auctioned by TGP Auction.
9.2 During the aforementioned period, TGP Auction is responsible for the loss, theft, damage or destruction of the auctioned and paid items, but only in cases of gross or willful negligence on the part of TGP Auction, up to however, the amount of the Award price, the Supplement and the VAT. At the end of this period, the responsibility of TGP Auction ceases and it is then the responsibility of the Purchaser to take out appropriate insurance for the object sold. No responsibility is taken for frames and glass. If the auctioned items are not removed within 7 days, TGP Auction reserves the right to store them at the expense and risk of the Buyer with a company of his choice or in his own premises at the daily rate of CHF 10 per object. These costs, regardless of the choice of payment method according to figure 10, will be debited directly from the Buyer's credit card, or (according to the choice of TGP Auction) will be billed for transfer to TGP Auction.
9.3 Transport and shipping orders are selected directly on the online site by the buyer or on request. Transport is at the Buyer's expense. In the absence of a written agreement to the contrary, the items sold are insured by TGP Auction at the Buyer's expense for their transport. Glass paintings and fragile items are not shipped by TGP Auction.
10. Payment of the auctioned items
10.1 The Bidders who won it (i.e., the Buyers of the objects put up for auction) receive by e-mail, at the close of the corresponding Online Sale, an invoice detailing all the purchases that they are required to pay in the 7 days after the closing of said Online Sale (i.e. after the expiration of the Auction Period) including transport and shipping costs.
10.2 TGP Auction is also entitled to deduct payments from the Buyer, contrary to the latter's instructions, against any debt owed by the Buyer to TGP Auction or to the Principal and to offset any possible debt owed by the Buyer to with regard to himself or to the Principal with his own claims. In the event of late payment by the Purchaser, a late payment penalty at the annual rate of 10% will be applied to the amount of the invoice. If the Purchaser's payment does not reach TGP Auction within the aforementioned period, TGP Auction reserves the right to claim from the Purchaser without prior warning, up to the total of the invoice, plus management fees between 2 and 4%.
10.3 If the payment due by the Purchaser does not take place or does not take place on time, TGP Auction may also, at its option, in its name and also in the name of the Principal (i) continue to require the execution of the contract or (ii), without being bound to set a deadline, waive the right to request performance 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 item by mutual agreement or in the context of an auction without taking into account the minimum price (Starting Price) and to use the proceeds of the sale for the reduction of the Buyer's debts. An auction price possibly higher than the original sale price is paid to the Principal. The Buyer is responsible towards TGP Auction and the Client for all damages resulting from non-payment or late payment.
10.4 Until full payment of all amounts due, TGP Auction reserves the right to pledge all of the Buyer's objects in its possession. TGP Auction is empowered to realize by the forced execution of such pledges or to realize them in a private way (including the purchase by TGP Auction). The benefit of the prior realization of the pledge according to article 41 of the Swiss Law on debt collection and bankruptcy is excluded.
Each Buyer is personally responsible for the adjudication which has been made to him as well as for the Sales Contract with the Client (according to figure 7) which results therefrom. Proof of powers of representation may be required from persons who act as representatives on behalf of third parties or as an organ of a legal person. The representative responds indefinitely and jointly and severally with the representative of the fulfillment of all commitments.
12. Miscellaneous provisions
12.1 The Privacy Statement is an integral part of these CVs.
12.2 TGP Auction reserves the right to transfer all or each of its rights or obligations in these CVs to a third party, or to entrust their execution to a third party. The Bidder or Buyer do not have the right to transfer the rights or obligations of these CVs to a third party.
12.3 TGP Auction reserves the right to publish photographs and illustrations of the objects sold in its own publications and in the media and to make advertising use of them.
12.4 These CVs form an integral part of each individual Sale Contract concluded during Online Sales, of each individual participation in an Online Sale, and of each individual visit to the Site by the Bidder or the Buyer. Their modifications are only mandatory if TGP Auction has given them their written agreement.
12.5 In the event that any of the stipulations present would be illegal, void, invalid or unenforceable with regard to a rule of law or a law in force, it would be deemed unwritten, but would not result in nullity of these CVs. In such a case, the parties agree to negotiate in good faith, taking into account the spirit of this agreement, any other provision which could be substituted for such a stipulation which would be considered illegal, void, invalid or inapplicable.
12.6 Swiss law is exclusively applicable to these CVs and to all modifications of these Conditions, to the exclusion of possible references to federal law on private international law (LDIP), and to the exclusion of the Vienna Convention ( United Nations Convention).
12.7 The settlement of all disputes (also when it comes to claiming compensation and counter-claims) arising from or in connection with these CVs (including their validity, their legal effects, their interpretation or their enforcement) is exclusively the responsibility of the courts of the canton of Neuchâtel TGP SA “Auction” is however empowered to bring legal action before any other court also competent.
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