By joining the auction, the Bidder agrees to the following terms and conditions:
1. Basics: Galerie Moenius AG auctions items/objects on behalf, in the name and for the account of a third party (the supplier remains unknown). Prices in the catalogue are estimated prices only. The call price is the lower estimated asking price. Currency is Swiss Francs (CHF) only. The highest bidder (accepted by the auctioneer) receives the acceptance of the bid. Once a bid is accepted, the guarantee obligation of Galerie Moenius AG shall be dissolved. The Bidder shall only receive the auctioned object(s) after complete payment of the full amount in cash, via confirmed bank transfer or credit card. Bidder cards can be charged 4 days after an invoice has been sent.
2. Characteristics of a timed auction: These are online sales. Rather, we offer items, in particular art pieces, for sale on our own behalf but for the account of third-party sellers. The sellers shall remain unnamed.
3. Payment: Beside the price for the acceptance of the bid, the buyer has to pay the premium of 26%. The VAT on the premium is 8.1%.
Buyers from outside the European Union who file their papers in due and proper form will be able to get a full refund of the VAT of the acceptance of the bid price (an officially stamped export declaration is necessary).
If the bidder wants to pay via credit-card 3% of the total-amount will be charged.
4. Warranty: The objects to be auctioned are used. Their condition is not documented. They are auctioned in the state they are at the acceptance of the bid. Descriptions and images in the catalogue were prepared in Galerie Moenius AG’s best knowledge and belief, but meant for information only. Potential buyers are required to request a condition report for every work of art. This report expresses Galerie Moenius subjective assessment only. Galerie Moenius AG assumes no liability for details in the catalogue or for the condition report.
Damages claims against Galerie Moenius AG for legal and material defects and on other legal grounds (including compensation for futile expenses or cost for expert opinions) are excluded unless they are due to intentional or grossly negligent conduct by Galerie Moenius AG.
If you are a consumer (i.e. a natural person submitting the purchase offer for a purpose which can neither be attributed to a commercial nor to a self-employed activity), then you have a statutory right of cancellation.
5. Auction Participants: In order to receive an auction ID number, every bidder needs to submit her/his personal data. Bidders who are not known personally need to obtain an official ID card. Galerie Moenius AG may request bank references and securities such as a credit card. All bids are considered “in the name and account” of the registered bidder only. If a bidder wants to act on behalf of a 3rd party, he must submit an authorized, written authorisation of such 3rd party not later than 24hrs before the beginning of the auction. The representative, together with the representee is both individually and legally responsible for their bidding. Galerie Moenius AG may at its own discretion deny a person attendance of the auction and/or access to their offices.
6. Submission of bids and the conclusion of a contract: A minimum price and a period within the bids can be submitted is specified for each item. The registered bidder can submit his purchase price offer via the corresponding function of the online portal. This offer is binding for the customer. As a bidder you can enter the purchase price that you would at most be willing to pay. This maximum price is not shown to other bidders, only the current highest bid is shown. At the end of the expiration period it should be noted that if a bid is placed shortly before the end of the expiration period (usually 2min), the expiration period will be extended by a certain amount of time (usually also 2min). This process is repeated until no more bids are placed for a certain period (usually 2min). The highest bid will be accepted and a contract of purchase has been concluded between Galerie Moenius AG and the highest bidder. With the effective conclusion of the purchase contract, the purchase offers made by other customers for this item expire.
7. Accessibility of the Online Portal: The online portal is normally always accessible, but malfunctions can still occur. Galerie Moenius AG is not liable for the uninterrupted and troublefree accessibility and usability of the online platform, and consequently also not for any damages that you may suffer as a result of any disruption.
8. Pick Up and Shipment: Successfully auctioned items/objects need to be picked-up by the bidder within 14 days.
Galerie Moenius AG assumes liability for damage, destruction or theft of fully paid items/objects for 14 days, limited to the amount of the accepted bid, premium and German Vat. After this period Galerie Moenius AG assumes no liability, the buyer needs to get an appropriate insurance then. In general Galerie Moenius AG is not liable for damages on frame or glass.
Shipment can be arranged, please inquire in writing. Galerie Moenius AG will do its best to arrange shipment or refer to a 3rd party. Galerie Moenius AG does not assume liability for transportation damages.
9. Cancellation Rights: You have the right to cancel this contract without provision of the grounds within fourteen days. The cancellation period is 14 days and starts to run as from the date at which you, or a third party, other than the carrier, authorised by you has taken possession of the goods.
For adherence to the cancellation term it is sufficient that you send the notification regarding your exercising of your cancellation rights prior to the expiry of the cancellation term.
The immediate cost of returning the goods shall be borne by you.
10. Data Privacy Declaration: The buyer agrees that his name, address and any consignments being stored electronically and processed by Galerie Moenius AG for the purpose of fulfilling and performing the contractual relationship, as well as to provide information about future auctions and offers. Should the buyer not pay his invoice, then he consents to this fact being added to a list which will be accessible to all auction houses. The buyer is entitled to object to the future collection and use of data by removing the said clause or by submitting notice to Galerie Moenius AG at a later date.
11. Miscellaneous: Galerie Moenius AG may publish and use auction results and images. Images of items/objects may be used for advertising purposes by Galerie Moenius AG.
Only Swiss law is applicable.
Should any individual provisions of these terms be or become invalid in part or in their entirety, this shall not impair the validity of all the other provisions. Changes of the auction’s terms and condition need to be submitted in written form, oral agreements are not valid. In cases of doubt the German version of the Consignment Conditions shall prevail.
Place of execution and sole jurisdiction is Bern.