Management Rules & Terms and conditions ARTES fine auctions

ARTES Fine Auctions (hereinafter “ARTES”) shall be managed and administered in accordance with the following rules, which apply to all individuals who wish to participate in ARTES Auctions.

§ 1 Introduction

1. By using the ARTES website all users accept the following Terms of Use.

2. ARTES may change the management rules and the terms and conditions from time to time. The revised conditions will be published on the website and will become effective through their publication.

§ 2 Use of the ARTES Website

1. Any action that affects the website or part of it in any form is prohibited. This includes in particular:

a) the use of software or any sort of equipment that could affect the proper function of the website;

b) actions that overload the ARTES infrastructure in an unacceptable way;

c) blocking, deleting, overriding or modifying any content on the ARTES website or disturbing its proper functioning in any other way.

2. All software on www.artes-auctions.com (or related websites) is the property of ARTES and is protected by copyright laws. Any use of the site without explicit permission, including the reproduction, modification, distribution, transmission or display of the content, is strictly prohibited.

3. A User must be registered in order to view the Lots in an Auction. The registering User represents and undertakes to ARTES Auctions that all information contained in the registration application is complete, truthful, and accurate. There are two kinds of Users: public users and members of trade.

Members of trade must provide their chamber of commerce registration number and their VAT number. Collectors or dealers who don’t have a chamber of commerce registration number and/or a VAT number need one recommendation letter from two different members of trade. ARTES has the sole right to refuse applications for registration and is under no obligation to explain its decision.

4. User registration is free of charge.

5. A User must be a registered Bidder in order to bid in an Auction. The registering User represents and undertakes to ARTES Auctions that all information contained in the registration application is complete, truthful and accurate.

6. A registration fee is required for Bidder registrations. Any person who wishes to participate in bidding must pay the participation fee.

7. ARTES Auctions reserve the right to:

a) decide whether to accept the User as a registered Bidder;

b) carry out credit and verification checks on the User; and

c) require bank guarantees or payment in advance in order for the User to bid on any lot.

8. Following a successful registration application, ARTES Auctions will create a User Account in the name of the registered User.

9. The registered User/Bidder:

a) agrees that ARTES shall be entitled to treat all activities conducted through a User Account as having been made by the respective User;

b) undertakes to keep confidential all the details of his/her User Account, including usernames and passwords;

c) undertakes to notify ARTES in writing of any subsequent changes of the registration details;

d) undertakes to inform ARTES immediately of any security breach or unauthorised use of his/her User Account; and

e) agrees that any use of his/her User Account is his/her sole responsibility

10. ARTES reserves the right to restrict or cancel the use of the website by certain users without giving reasons.

§ 3 Definitions

“Auction” an online auction of musical instruments and bows run continuously by ARTES;

“Bidder” a User who bids on a Lot;

“Buyer” the successful Bidder who has won the auction for a particular Lot;

“Buy Now Price” the price at which the Buyer has committed to buy a Lot during the Buy Now phase of an Auction;

“Price Offer” the price the Buyer offers for a Lot during the “Price Offer” phase of an Auction. If the price is accepted by ARTES the lot is sold for this price (all other Premiums, commissions and expenses will be added);

“Buyer’s Premium” the premium calculated on the Hammer Price and due to be paid by the Buyer to ARTES;

“Condition Report” a report compiled by ARTES on the condition of a Lot;

“Defaulting Buyer” a Buyer who does not pay when payment on the invoice issued by ARTES with respect to the Lot that he/she has purchased is due, or who is deemed by ARTES to be unreachable, uncooperative, or unresponsive;

“Hammer Price” the final purchase price at which a Lot is bought by a Buyer during the bidding phase of an Auction;

“Lot” a musical instrument or bow, which has been placed in an Auction for sale;

“Seller” the owner (or his/her agent) who has placed a Lot in an Auction for sale;

“Seller’s Commission” the fee due to be paid by the Seller to ARTES for the sale of one or more Lots during an Auction;

“Storage Period” with respect to a Lot, the period starting on the closing date of an Auction and ending on the seventh working day thereafter, or on the collection date of the Lot, if earlier;

“User” means any person who views and accesses the Website, including, but not limited to Bidders, Buyers, and Sellers;

“User Account” the account created by ARTES in the name of a specific User following his/her successful registration application;

“Website” the website run by ARTES at the address www.artes-auctions.com or any other address as might be amended or added from time to time.

§ 4 Condition Reports and Authenticity

Where ARTES make any statement describing a Lot, whether in a Condition Report or otherwise, ARTES merely expresses an opinion and does not (and nor does the Seller) guarantee the quality, state of repair, condition, history, and/or value of a Lot.

The Buyer acknowledges that ARTES is not responsible for any fault or defect in any Lot and that each Lot is sold as seen. ARTES sells certain Lots with a written opinion of authenticity. Where no such opinion is provided, the Buyer shall not have the right to contest the authenticity or origin (including the country of origin) of any Lot where ARTES has stated that the origin of the Lot is unclear by using terms such as ‘school of’ or ‘attributed to’.

It is the Bidder’s responsibility to determine the veracity and importance of these factors before bidding for, any Lot and the Bidder shall rely on his/her own inspection of the Lot prior to the Auction.

§ 5 Estimates & Price Guide

ARTES has two kinds of estimates (we will not always give an estimate for the “Price Offer” phase):

1. ARTES estimates reflect an opinion only and do not (and nor does the Seller) guarantee the quality, state of repair, condition, history, and/or value of a Lot)

2. The Seller’s estimate reflects the opinion of the seller and does not (and nor does the Seller) guarantee the quality, state of repair, condition, history, and/or value of a Lot). ARTES does not necessarily share the Seller’s opinion.

Each Lot will bear a mention about which estimates apply (excepting the “Price Offer” Lots).

Where ARTES makes any reference to the price history of a Lot, ARTES has used the standard available search mechanisms for this information, both for past auction record prices and for retail sales values. The retail price guide is derived from market data.

ARTES cannot guarantee the absolute accuracy of these findings; they are intended for reference only and are not objective statements of fact. Accordingly, it is the Bidder’s responsibility to determine the veracity and importance of these factors before bidding for any Lot and the Bidder shall rely on his/her own inspection of the Lot prior to the Auction.

§ 6 The Bidder’s Commitment

Whether a Lot is purchased during the Price Offer, Buy Now phase or during the bidding phase of the Auction, the Bidder acknowledges that he/she is committing to a legally binding and irrevocable purchase of the Lot at the “Price Offer”, “Buy Now” price or at the highest bid within the bidding phase of the Auction, in each case plus any premium, VAT and other charges, where applicable.

§ 7 Bidding

a) Bidder Registration

Bidders must register online.

All registration information is kept strictly confidential and secure

ARTES reserves the right to refuse the registration of any bidder at any time.

Photographs (mostly 360°HD) of each Lot are exhibited on the ARTES website. The above-mentioned photograph is not guaranteed to accurately show the colour tone nor any defect of the Lot.

The photographs and any description of the Lot merely provide a standard for judgment, and ARTES assumes no responsibility whatsoever for such photographs or descriptions.

Each Lot shall be exhibited at an exhibition place designated by ARTES for a specified time period.

Each participant in an auction is invited to confirm the condition of the Lot by examining the Lot in advance.

Any participant can test-play a Lot by making a reservation under ARTES’ instruction and within the time stated by ARTES with respect to the Lot for which such a trial is allowed.

b) Opening and Ending Times

Each lot has a separate ending time and date.

c) Placing a Bid

To place a bid, the bidder should select the relevant lot and click the Place a Bid button. By default, the amount of the bid will be the current bid plus the appropriate auction increment (see Bidding Increments below). If no bids have been placed, the default amount is the opening bid.

After clicking Submit Bid, the bidder will receive an email confirming the amount of the bid. If another bidder should bid higher than this amount, the first bidder will receive an outbid notice by email.

By placing a bid on a Lot (including a Proxy Bid), or pressing the Price Offer or Buy Now button, the bidder is committing to a legally binding and irrevocable offer to purchase the Lot at any price up to and including his or her highest bid amount.

d) Proxy Bids

A proxy bid is similar to a left bid in a traditional auction and allows bidders extra flexibility in the bidding process. By placing a proxy bid, a bidder sets a maximum amount that he or she is willing to spend and enables the auction software to execute bids as necessary on his or her behalf.

The auction software will place an initial bid (one increment above the current bid) and then wait. If another bidder places a challenging bid, the auction software will automatically execute a bid on behalf of the original proxy bid (again, one increment above the current bid).

The auction software attempts to place as few bids as possible in order to keep the bid amount as low as possible. Under no circumstances will the auction software exceed the amount of a proxy bid.

To place a proxy bid, the bidder should select the relevant lot and click the Place Proxy Bid button.

The bidder will then receive an email confirming that a proxy bid has been placed.

If the maximum amount of the proxy bid is exceeded, the bidder will receive an outbid notice by email.

e) Bidding Increments

Bidding will be conducted according to the following increments (the sale currency is the Swiss Franc –CHF–):

Current Bid: Increments:

 
0 to 240 by 10
250 to 475 by 25
500 to 950 by 50
1,000 to 2,400 by 100
2,500 to 4,750 by 250
5,000 to 9,500 by 500
10,000 to 24,000 by 1,000
25,000 to 47,500 by 2,500
50,000 to 95,000 by 5,000
100,000 to 240,000 by 10,000
250,000 to 675,000 by 25,000
700,000 to 950,000 by 50,000
1,000,000 to 1,900,000 by 100,000
2,000,000 and more by 200,000

A bidder may be outbid by less than a full increment. This would happen only if the lead bidder’s proxy bid beats the second highest bid by an amount less than the full increment.

f) Bidding History

ARTES ’ website provides complete and current bidding history for all lots. The bidding history details the time and date, Bidder ID, and amount of each bid.

g) Ending Time Auto-Extend

If there is active bidding within the last 10 minutes of a particular lot’s published ending time, the ending time will automatically extend for 10 minutes.

The ending time can continue to extend indefinitely for as long as there is active bidding.

h) Web Page Refresh

ARTES’s lot pages will automatically refresh from time to time. Because of the way web pages work, the bidding information you see on your computer screen may at times be slightly out of date.

To make sure you are seeing the most accurate up-to-date bidding information, you can click “Refresh“ or “Reload“ on your browser window to request the latest bidding information from our server.

i) Reserve Met

When the reserve for a lot is met or exceeded, a highlighted message appears beneath the description of the lot reading Reserve Met.

If the reserve has not yet been met, the message will instead read Reserve Not Met.

j) Successful Bids

The bidder with the highest bid shall be the successful bidder for the relevant Lot.

In cases where there are multiple bidders with a highest bid, ARTES is entitled to select the successful bidder.

§ 8 Buyer’s Premium and Payment

Within 48 hours of the purchase of a Lot during the Buy Now phase, ARTES will confirm to the Buyer that he/she has agreed to purchase the relative Lot.

48 hours after the end of the “Price Offer” phase, ARTES will communicate to the Buyer if ARTES is mandated by the Seller to sell the respective Lot for the offered price.

Within 48 hours of the end of the relative Lot auction, ARTES will confirm by email to the Buyer that he/she has won the auction for that particular Lot.

Within 72 hours of the end of the entire auction, ARTES will issue a full invoice, setting out Hammer Price, Buyer’s Premium and any applicable taxes and charges.

The Buyer’s Premium is calculated on the Hammer Price or the Buy Now Price as follows:

a. fifteen per cent (15%) of the Hammer Price when the Hammer Price is equal to or less than 50,000 CHF, or

b. fifteen per cent (15%) of 50,000 CHF plus fourteen per cent (14%) of the amount exceeding 50,001 CHF when the Hammer Price exceeds 50,001 CHF and is equal to or less than 150,000 CHF, or

c. fifteen per cent (15%) of 50,000 CHF plus fourteen per cent (14%) of the amount exceeding 50,001 CHF when the Hammer Price exceeds 50,001 CHF and is equal to or less than 150,000 CHF plus thirteen per cent (13%) of the amount exceeding 150,001 CHF when the Hammer Price exceeds 150,001 CHF and is equal to or less than 1,500,000 CHF, or

d. fifteen per cent (15%) of 50,000 CHF plus fourteen per cent (14%) of the amount exceeding 50,001 CHF when the Hammer Price exceeds 50,001 CHF and is equal to or less than 150,000 CHF plus thirteen per cent (13%) of the amount exceeding 150,001 CHF when the Hammer Price exceeds 150,001 CHF and is equal to or less than 1,500,000 CHF plus twelve per cent (12%) of the amount exceeding 1,500,001 CHF when the Hammer Price exceeds 1,500,001 CHF.

Consumption tax (VAT) shall be added to the premium.

If the buyer is the first to bid on the Lot as well as the last to bid (and wins the Lot) there will be a 1% reduction on the Buyer’s Premium.

Other discounts can apply.

The Buyer’s Premium is subject to VAT. The Hammer Price is also subject to VAT unless the Lot is subject to another regulation (see VAT Symbols and other information for further details).

Other Fees:

1. Packing costs (for shipping) – optional;

2. Delivery costs (by ARTES) ­– optional;

3. Shipping – optional;

4. Instrument or Bow case(s) – optional.

5. Consumption tax (VAT) shall be added to these fees.

Payment of the purchase price and premium (including VAT) shall be made in Swiss Francs by the method agreed upon between the Buyer and ARTES.

Payment is due in full within 7 working days of issuance of the invoice and can be made by credit card up to CHF 100,000 (subject to a 3% fee but please note that ARTES does not accept American Express), debit card up to CHF 200,000; cheques (Swiss only), international and local bank transfers, bankers drafts, and cash with proof of ID up to CHF 100,000 or equivalent in other currencies.

Title of the purchased Lot will not be passed to the Buyer and the Lot cannot be collected until cleared funds have been received for the full payment of the Lot by ARTES.

Any purchased Lot remaining unpaid 15 days after the issuance of the invoice may incur a late payment fee of 3% of the Hammer Price or Buy Now Price.

§ 9 Currencies

The Lots are sold in Swiss Francs.

§ 10 Seller’s Premium (Commission)

The Seller’s Commission is calculated as follows (in case of sell), for both ARTES and Seller’s reserve prices (including Price Offer and Buy Now Options):

(i) None

Other Fees:

1. Insurance (pro rata) 0.75% on Reserve Price – optional;

2. If the Lots are to be stored in a custom-free zone, 200 CHF per Lot – optional.

Consumption tax (VAT) shall be added to these fees

The Seller’s Commission is calculated as follows (in case of unsuccessful sell) in case the reserve price was set by ARTES (including Price Offer and Buy Now Options):

(i) None

Other Fees:

1. Administrative fee: 150 CHF;

2. Photography fee: 245 CHF for lots <30,000 CHF (360° HD pictures, one turn) and 345 CHF for lots (bows and cellos need two turns) >30,000 CHF  (360° HD pictures, two turns). A digital copy of the photographs will be delivered;

3. Insurance (pro rata) 0.75% on Reserve Price – optional;

4. If the Lots are to be stored in a custom free zone, 200 CHF per Lot –optional.

Consumption tax (VAT) shall be added to these fees.

The Seller’s Commission is calculated as follows (in case of unsuccessful sell) for a Seller’s Reserve Price:

(i) None

Consumption tax (VAT) shall be added to the commission

Other Fees:

1. Administrative fee: 200 CHF;

2. Photography fee: 245 CHF for lots <30,000 CHF (360° HD pictures, one turn) and 345 CHF for lots (bows and cellos need two turns) >30,000 CHF  (360° HD pictures, two turns). A digital copy of the photographs will be delivered;

3. Insurance (pro rata) 0.75% on reserve price – optional;

4. If the Lots are to be stored in a custom-free zone, 200. – CHF per Lot – optional.

Consumption tax (VAT) shall be added to these fees.

The Seller’s Commission is calculated as follows (in case of unsuccessful sell) for a Seller’s Reserve Price for PRICE OFFER AND BUY NOW OPTIONS:

(i) None

Consumption tax (VAT) shall be added to the commission.

Another Fees:

5. Administrative fee: 150 CHF;

6. Photography fee: 245 CHF for lots <30,000 CHF (360° HD pictures, one turn) and 345 CHF for lots (bows and cellos need two turns) >30,000 CHF  (360° HD pictures, two turns). A digital copy of the photographs will be delivered;

7. Insurance (pro rata) 0.75% on reserve price – optional;

8. If the Lots are to be stored in a custom-free zone, 200. – CHF per Lot – optional.

Consumption tax (VAT) shall be added to these fees.

§ 11 Delivery, Shipment, Custody Fee

The Buyer is entitled to receive the Lot at ARTES’ premises at any time within ten (10) days after the time when the total amount is paid.

In case the Buyer wishes to ship the Lot to a place in Switzerland, ARTES shall arrange to ship the Lot to the place designated by the Buyer within ten (10) days after the time ARTES confirms that the total amount has been paid.

In case the Buyer wishes to ship the Lot to a place outside Switzerland, ARTES shall deliver the Lot to the Buyer or the person designated by the Buyer, at ARTES’ premises at any time within ten (10) days after the time ARTES confirms that the total amount has been paid.

In case the Buyer receives the Lot after the ten (10) days prescribed in the previous clauses of this Article have passed, the Buyer must pay the custody fee prescribed in Article 12.

ARTES shall be exempt from any and all responsibility after delivery or shipment prescribed in this Article, and ARTES shall not bear any burden with respect to any accidents or damages to the Lot.

§ 12 Storage

ARTES Auctions do not accept liability for loss or damage to a Lot after the Storage Period.

Lots not collected at the end of the Storage Period will be subject to a storage charge of CHF 50 per Lot per day starting from the first day after the Storage Period.

After the Storage Period, insurance and storage charges are levied on the Seller’s account if the Lot is not sold, or on the Buyer’s account if the Lot is sold.

§ 13 Shipping

Responsibility for any loss or damages occurring during shipping is with the Buyer alone in the case of purchased Lots, or with the Seller alone, in the case of unsold Lots.

§ 14 Shipment to a Location Outside Switzerland

The Buyer is responsible for all procedures necessary for shipment outside Switzerland.  Any and all expenses for packaging, shipment and insurance shall be borne by the Buyer.

If the Buyer wishes, ARTES shall refer him/her to an exporter.

§ 15 Custody Fee

If the Buyer takes receipt of the Lot after the ten (10) day period, he shall pay ARTES a per-diem custody fee in Swiss Francs, calculated on the basis of a fee of nought point seventy-five per cent (0.75 %) of the purchase price per month.

Consumption tax (VAT) shall be added to the custody fee.

§ 16 No Cancellation, No Return

The Buyer cannot retract or cancel the purchase of the Lot.

The Buyer cannot return the Lot.

§ 17 No Warranty

ARTES shall not make any warranty to the Buyer concerning any latent defects of the Lot, because most exhibits are used articles with deterioration, damage, repairs, or the like, and all bidding shall be deemed to have been made on the basis of the bidder’s accountability and after the bidder’s has checked the present condition of the Lot.

ARTES shall not warrant any explanation and/or comment with respect to the exhibits, and such explanation and/or comment shall be for reference only.

§ 18 Events of Default and ARTES’s Rights

If the Buyer fails to perform his/her duty as prescribed in these Management Rules, ARTES shall have the following rights toward the Buyer:

1. in the event of late payment of the total amount by the Purchaser, the Buyer must add to the unpaid sum delinquent charges at the rate of ten per cent (10%) a year for the period from the day immediately following the due date to the date of actual payment; and

2. in the event ARTES does not receive the total amount and the delinquent charges even after one month passes from the due date, the purchase agreement between the Buyer and ARTES shall be automatically cancelled on the day immediately following the date when two months have passed from the due date, whether or not ARTES’ letter requesting payment of the unpaid sum has reached the Buyer.

3. In case the purchase agreement has been cancelled, the Buyer shall lose all rights concerning the Lot and ARTES shall be entitled to re-auction the Lot, sell it to a third party or return it to the seller (consignor).

4. In case the purchase agreement has been cancelled, the Buyer shall pay the total sum of ten per cent (10%) of the purchase price and fifty per cent (50%) of the premium (including consumption tax, VAT) as penalty in addition to the damages prescribed in Clause 1 of this Article.

5. A Defaulting Buyer shall remain responsible for the payment to ARTES of all the damages associated with such a default. Such damages will be the sum of all legally enforceable damages resulting from the Defaulting Buyer’s default, including:

6. ARTES’ costs and expenses in connection with the attempted sale or eventually, re-sale of the Lot(s), or their return to the Seller,

7. ARTES’ and the Seller’s respective legal costs.

ARTES may ban the Defaulting Buyer from making further purchases or bids in the current or future Auctions.

§ 19 Governing Law

The Auction shall be conducted in accordance with these Management Rules throughout the entire process and shall be governed by the laws of Switzerland, Winterthur, even if the Purchaser resides outside Switzerland.

§ 20 Settlement of Disputes

The Seller, Buyer and every other person and ARTES hereby irrevocably submit to the exclusive jurisdiction of Winterthur District Court for the settlement of disputes arising under or in connection with the Auction, even if the seller resides outside Switzerland.

§ 21 Operation of Auction Site

ARTES shall not guarantee continuous and safe access to this Auction site. ARTES shall not be responsible for any damages or losses suffered by any person due to any obstacles in accessing this Auction site caused by factors unforeseeable or uncontrollable by ARTES.

§ 22 Salvatorius Clause

If any parts of these Managing Rules & Terms and Conditions should be no longer or not fully in conformity with the valid legal situation, this shall not affect the content and validity of the remaining parts. The parties hereto commit themselves to modify the invalidated part of the contract by a clause that economically is closest to the original intention. The above-mentioned conditions are written in English; in case of unclear formulations, the only valid text is the English one.

To prospective sellers in the ARTES Auction:

Any prospective seller who wishes to exhibit and sell a property must submit the “Valuation Request Form” prescribed by ARTES and conclude, after consultation with ARTES, an “Exhibit and Sale & Consignment Agreement” with ARTES.

Consultation with and assessment by ARTES shall be provided free of charge before the conclusion of said agreement. Please contact ARTES by e-mail.

Please note:

This Auction shall be conducted in accordance with the Management Rules, Terms and Conditions, Exhibit, Sales & Consignment Agreement and the procedure prescribed by ARTES; 

Swiss law shall apply to the Auction and any matters related to the Auction, whether the exhibitor resides inside or outside Switzerland; and any disputes arising under or in connection with the Auction shall be settled exclusively in Winterthur District Court, Switzerland, whether the exhibitorresides inside or outside Switzerland.

ARTES Fine Auctions (hereinafter “ARTES”) shall be managed and administered in accordance with the following rules, which apply to all individuals who wish to participate in ARTES Auctions.

§ 1 Introduction

1. By using the ARTES website all users accept the following Terms of Use.

2. ARTES may change the management rules and the terms and conditions from time to time. The revised conditions will be published on the website and will become effective through their publication.

§ 2 Use of the ARTES Website

1. Any action that affects the website or part of it in any form is prohibited. This includes in particular:

a) the use of software or any sort of equipment that could affect the proper function of the website;

b) actions that overload the ARTES infrastructure in an unacceptable way;

c) blocking, deleting, overriding or modifying any content on the ARTES website or disturbing its proper functioning in any other way.

2. All software on www.artes-auctions.com (or related websites) is the property of ARTES and is protected by copyright laws. Any use of the site without explicit permission, including the reproduction, modification, distribution, transmission or display of the content, is strictly prohibited.

3. A User must be registered in order to view the Lots in an Auction. The registering User represents and undertakes to ARTES Auctions that all information contained in the registration application is complete, truthful, and accurate. There are two kinds of Users: public users and members of trade.

Members of trade must provide their chamber of commerce registration number and their VAT number. Collectors or dealers who don’t have a chamber of commerce registration number and/or a VAT number need one recommendation letter from two different members of trade. ARTES has the sole right to refuse applications for registration and is under no obligation to explain its decision.

4. User registration is free of charge.

5. A User must be a registered Bidder in order to bid in an Auction. The registering User represents and undertakes to ARTES Auctions that all information contained in the registration application is complete, truthful and accurate.

6. A registration fee is required for Bidder registrations. Any person who wishes to participate in bidding must pay the participation fee.

7. ARTES Auctions reserve the right to:

a) decide whether to accept the User as a registered Bidder;

b) carry out credit and verification checks on the User; and

c) require bank guarantees or payment in advance in order for the User to bid on any lot.

8. Following a successful registration application, ARTES Auctions will create a User Account in the name of the registered User.

9. The registered User/Bidder:

a) agrees that ARTES shall be entitled to treat all activities conducted through a User Account as having been made by the respective User;

b) undertakes to keep confidential all the details of his/her User Account, including usernames and passwords;

c) undertakes to notify ARTES in writing of any subsequent changes of the registration details;

d) undertakes to inform ARTES immediately of any security breach or unauthorised use of his/her User Account; and

e) agrees that any use of his/her User Account is his/her sole responsibility

10. ARTES reserves the right to restrict or cancel the use of the website by certain users without giving reasons.

§ 3 Definitions

“Auction” an online auction of musical instruments and bows run continuously by ARTES;

“Bidder” a User who bids on a Lot;

“Buyer” the successful Bidder who has won the auction for a particular Lot;

“Buy Now Price” the price at which the Buyer has committed to buy a Lot during the Buy Now phase of an Auction;

“Price Offer” the price the Buyer offers for a Lot during the “Price Offer” phase of an Auction. If the price is accepted by ARTES the lot is sold for this price (all other Premiums, commissions and expenses will be added);

“Buyer’s Premium” the premium calculated on the Hammer Price and due to be paid by the Buyer to ARTES;

“Condition Report” a report compiled by ARTES on the condition of a Lot;

“Defaulting Buyer” a Buyer who does not pay when payment on the invoice issued by ARTES with respect to the Lot that he/she has purchased is due, or who is deemed by ARTES to be unreachable, uncooperative, or unresponsive;

“Hammer Price” the final purchase price at which a Lot is bought by a Buyer during the bidding phase of an Auction;

“Lot” a musical instrument or bow, which has been placed in an Auction for sale;

“Seller” the owner (or his/her agent) who has placed a Lot in an Auction for sale;

“Seller’s Commission” the fee due to be paid by the Seller to ARTES for the sale of one or more Lots during an Auction;

“Storage Period” with respect to a Lot, the period starting on the closing date of an Auction and ending on the seventh working day thereafter, or on the collection date of the Lot, if earlier;

“User” means any person who views and accesses the Website, including, but not limited to Bidders, Buyers, and Sellers;

“User Account” the account created by ARTES in the name of a specific User following his/her successful registration application;

“Website” the website run by ARTES at the address www.artes-auctions.com or any other address as might be amended or added from time to time.

§ 4 Condition Reports and Authenticity

Where ARTES make any statement describing a Lot, whether in a Condition Report or otherwise, ARTES merely expresses an opinion and does not (and nor does the Seller) guarantee the quality, state of repair, condition, history, and/or value of a Lot.

The Buyer acknowledges that ARTES is not responsible for any fault or defect in any Lot and that each Lot is sold as seen. ARTES sells certain Lots with a written opinion of authenticity. Where no such opinion is provided, the Buyer shall not have the right to contest the authenticity or origin (including the country of origin) of any Lot where ARTES has stated that the origin of the Lot is unclear by using terms such as ‘school of’ or ‘attributed to’.

It is the Bidder’s responsibility to determine the veracity and importance of these factors before bidding for, any Lot and the Bidder shall rely on his/her own inspection of the Lot prior to the Auction.

§ 5 Estimates & Price Guide

ARTES has two kinds of estimates (we will not always give an estimate for the “Price Offer” phase):

1. ARTES estimates reflect an opinion only and do not (and nor does the Seller) guarantee the quality, state of repair, condition, history, and/or value of a Lot)

2. The Seller’s estimate reflects the opinion of the seller and does not (and nor does the Seller) guarantee the quality, state of repair, condition, history, and/or value of a Lot). ARTES does not necessarily share the Seller’s opinion.

Each Lot will bear a mention about which estimates apply (excepting the “Price Offer” Lots).

Where ARTES makes any reference to the price history of a Lot, ARTES has used the standard available search mechanisms for this information, both for past auction record prices and for retail sales values. The retail price guide is derived from market data.

ARTES cannot guarantee the absolute accuracy of these findings; they are intended for reference only and are not objective statements of fact. Accordingly, it is the Bidder’s responsibility to determine the veracity and importance of these factors before bidding for any Lot and the Bidder shall rely on his/her own inspection of the Lot prior to the Auction.

§ 6 The Bidder’s Commitment

Whether a Lot is purchased during the Price Offer, Buy Now phase or during the bidding phase of the Auction, the Bidder acknowledges that he/she is committing to a legally binding and irrevocable purchase of the Lot at the “Price Offer”, “Buy Now” price or at the highest bid within the bidding phase of the Auction, in each case plus any premium, VAT and other charges, where applicable.

§ 7 Bidding

a) Bidder Registration

Bidders must register online.

All registration information is kept strictly confidential and secure

ARTES reserves the right to refuse the registration of any bidder at any time.

Photographs (mostly 360°HD) of each Lot are exhibited on the ARTES website. The above-mentioned photograph is not guaranteed to accurately show the colour tone nor any defect of the Lot.

The photographs and any description of the Lot merely provide a standard for judgment, and ARTES assumes no responsibility whatsoever for such photographs or descriptions.

Each Lot shall be exhibited at an exhibition place designated by ARTES for a specified time period.

Each participant in an auction is invited to confirm the condition of the Lot by examining the Lot in advance.

Any participant can test-play a Lot by making a reservation under ARTES’ instruction and within the time stated by ARTES with respect to the Lot for which such a trial is allowed.

b) Opening and Ending Times

Each lot has a separate ending time and date.

c) Placing a Bid

To place a bid, the bidder should select the relevant lot and click the Place a Bid button. By default, the amount of the bid will be the current bid plus the appropriate auction increment (see Bidding Increments below). If no bids have been placed, the default amount is the opening bid.

After clicking Submit Bid, the bidder will receive an email confirming the amount of the bid. If another bidder should bid higher than this amount, the first bidder will receive an outbid notice by email.

By placing a bid on a Lot (including a Proxy Bid), or pressing the Price Offer or Buy Now button, the bidder is committing to a legally binding and irrevocable offer to purchase the Lot at any price up to and including his or her highest bid amount.

d) Proxy Bids

A proxy bid is similar to a left bid in a traditional auction and allows bidders extra flexibility in the bidding process. By placing a proxy bid, a bidder sets a maximum amount that he or she is willing to spend and enables the auction software to execute bids as necessary on his or her behalf.

The auction software will place an initial bid (one increment above the current bid) and then wait. If another bidder places a challenging bid, the auction software will automatically execute a bid on behalf of the original proxy bid (again, one increment above the current bid).

The auction software attempts to place as few bids as possible in order to keep the bid amount as low as possible. Under no circumstances will the auction software exceed the amount of a proxy bid.

To place a proxy bid, the bidder should select the relevant lot and click the Place Proxy Bid button.

The bidder will then receive an email confirming that a proxy bid has been placed.

If the maximum amount of the proxy bid is exceeded, the bidder will receive an outbid notice by email.

e) Bidding Increments

Bidding will be conducted according to the following increments (the sale currency is the Swiss Franc –CHF–):

Current Bid: Increments:

 
0 to 240 by 10
250 to 475 by 25
500 to 950 by 50
1,000 to 2,400 by 100
2,500 to 4,750 by 250
5,000 to 9,500 by 500
10,000 to 24,000 by 1,000
25,000 to 47,500 by 2,500
50,000 to 95,000 by 5,000
100,000 to 240,000 by 10,000
250,000 to 675,000 by 25,000
700,000 to 950,000 by 50,000
1,000,000 to 1,900,000 by 100,000
2,000,000 and more by 200,000

A bidder may be outbid by less than a full increment. This would happen only if the lead bidder’s proxy bid beats the second highest bid by an amount less than the full increment.

f) Bidding History

ARTES ’ website provides complete and current bidding history for all lots. The bidding history details the time and date, Bidder ID, and amount of each bid.

g) Ending Time Auto-Extend

If there is active bidding within the last 10 minutes of a particular lot’s published ending time, the ending time will automatically extend for 10 minutes.

The ending time can continue to extend indefinitely for as long as there is active bidding.

h) Web Page Refresh

ARTES’s lot pages will automatically refresh from time to time. Because of the way web pages work, the bidding information you see on your computer screen may at times be slightly out of date.

To make sure you are seeing the most accurate up-to-date bidding information, you can click “Refresh“ or “Reload“ on your browser window to request the latest bidding information from our server.

i) Reserve Met

When the reserve for a lot is met or exceeded, a highlighted message appears beneath the description of the lot reading Reserve Met.

If the reserve has not yet been met, the message will instead read Reserve Not Met.

j) Successful Bids

The bidder with the highest bid shall be the successful bidder for the relevant Lot.

In cases where there are multiple bidders with a highest bid, ARTES is entitled to select the successful bidder.

§ 8 Buyer’s Premium and Payment

Within 48 hours of the purchase of a Lot during the Buy Now phase, ARTES will confirm to the Buyer that he/she has agreed to purchase the relative Lot.

48 hours after the end of the “Price Offer” phase, ARTES will communicate to the Buyer if ARTES is mandated by the Seller to sell the respective Lot for the offered price.

Within 48 hours of the end of the relative Lot auction, ARTES will confirm by email to the Buyer that he/she has won the auction for that particular Lot.

Within 72 hours of the end of the entire auction, ARTES will issue a full invoice, setting out Hammer Price, Buyer’s Premium and any applicable taxes and charges.

The Buyer’s Premium is calculated on the Hammer Price or the Buy Now Price as follows:

a. fifteen per cent (15%) of the Hammer Price when the Hammer Price is equal to or less than 50,000 CHF, or

b. fifteen per cent (15%) of 50,000 CHF plus fourteen per cent (14%) of the amount exceeding 50,001 CHF when the Hammer Price exceeds 50,001 CHF and is equal to or less than 150,000 CHF, or

c. fifteen per cent (15%) of 50,000 CHF plus fourteen per cent (14%) of the amount exceeding 50,001 CHF when the Hammer Price exceeds 50,001 CHF and is equal to or less than 150,000 CHF plus thirteen per cent (13%) of the amount exceeding 150,001 CHF when the Hammer Price exceeds 150,001 CHF and is equal to or less than 1,500,000 CHF, or

d. fifteen per cent (15%) of 50,000 CHF plus fourteen per cent (14%) of the amount exceeding 50,001 CHF when the Hammer Price exceeds 50,001 CHF and is equal to or less than 150,000 CHF plus thirteen per cent (13%) of the amount exceeding 150,001 CHF when the Hammer Price exceeds 150,001 CHF and is equal to or less than 1,500,000 CHF plus twelve per cent (12%) of the amount exceeding 1,500,001 CHF when the Hammer Price exceeds 1,500,001 CHF.

Consumption tax (VAT) shall be added to the premium.

If the buyer is the first to bid on the Lot as well as the last to bid (and wins the Lot) there will be a 1% reduction on the Buyer’s Premium.

Other discounts can apply.

The Buyer’s Premium is subject to VAT. The Hammer Price is also subject to VAT unless the Lot is subject to another regulation (see VAT Symbols and other information for further details).

Other Fees:

1. Packing costs (for shipping) – optional;

2. Delivery costs (by ARTES) ­– optional;

3. Shipping – optional;

4. Instrument or Bow case(s) – optional.

5. Consumption tax (VAT) shall be added to these fees.

Payment of the purchase price and premium (including VAT) shall be made in Swiss Francs by the method agreed upon between the Buyer and ARTES.

Payment is due in full within 7 working days of issuance of the invoice and can be made by credit card up to CHF 100,000 (subject to a 3% fee but please note that ARTES does not accept American Express), debit card up to CHF 200,000; cheques (Swiss only), international and local bank transfers, bankers drafts, and cash with proof of ID up to CHF 100,000 or equivalent in other currencies.

Title of the purchased Lot will not be passed to the Buyer and the Lot cannot be collected until cleared funds have been received for the full payment of the Lot by ARTES.

Any purchased Lot remaining unpaid 15 days after the issuance of the invoice may incur a late payment fee of 3% of the Hammer Price or Buy Now Price.

§ 9 Currencies

The Lots are sold in Swiss Francs.

§ 10 Seller’s Premium (Commission)

The Seller’s Commission is calculated as follows (in case of sell), for both ARTES and Seller’s reserve prices (including Price Offer and Buy Now Options):

(i) None

Other Fees:

1. Insurance (pro rata) 0.75% on Reserve Price – optional;

2. If the Lots are to be stored in a custom-free zone, 200 CHF per Lot – optional.

Consumption tax (VAT) shall be added to these fees

The Seller’s Commission is calculated as follows (in case of unsuccessful sell) in case the reserve price was set by ARTES (including Price Offer and Buy Now Options):

(i) None

Other Fees:

1. Administrative fee: 150 CHF;

2. Photography fee: 245 CHF for lots <30,000 CHF (360° HD pictures, one turn) and 345 CHF for lots (bows and cellos need two turns) >30,000 CHF  (360° HD pictures, two turns). A digital copy of the photographs will be delivered;

3. Insurance (pro rata) 0.75% on Reserve Price – optional;

4. If the Lots are to be stored in a custom free zone, 200 CHF per Lot –optional.

Consumption tax (VAT) shall be added to these fees.

The Seller’s Commission is calculated as follows (in case of unsuccessful sell) for a Seller’s Reserve Price:

(i) None

Consumption tax (VAT) shall be added to the commission

Other Fees:

1. Administrative fee: 200 CHF;

2. Photography fee: 245 CHF for lots <30,000 CHF (360° HD pictures, one turn) and 345 CHF for lots (bows and cellos need two turns) >30,000 CHF  (360° HD pictures, two turns). A digital copy of the photographs will be delivered;

3. Insurance (pro rata) 0.75% on reserve price – optional;

4. If the Lots are to be stored in a custom-free zone, 200. – CHF per Lot – optional.

Consumption tax (VAT) shall be added to these fees.

The Seller’s Commission is calculated as follows (in case of unsuccessful sell) for a Seller’s Reserve Price for PRICE OFFER AND BUY NOW OPTIONS:

(i) None

Consumption tax (VAT) shall be added to the commission.

Another Fees:

5. Administrative fee: 150 CHF;

6. Photography fee: 245 CHF for lots <30,000 CHF (360° HD pictures, one turn) and 345 CHF for lots (bows and cellos need two turns) >30,000 CHF  (360° HD pictures, two turns). A digital copy of the photographs will be delivered;

7. Insurance (pro rata) 0.75% on reserve price – optional;

8. If the Lots are to be stored in a custom-free zone, 200. – CHF per Lot – optional.

Consumption tax (VAT) shall be added to these fees.

§ 11 Delivery, Shipment, Custody Fee

The Buyer is entitled to receive the Lot at ARTES’ premises at any time within ten (10) days after the time when the total amount is paid.

In case the Buyer wishes to ship the Lot to a place in Switzerland, ARTES shall arrange to ship the Lot to the place designated by the Buyer within ten (10) days after the time ARTES confirms that the total amount has been paid.

In case the Buyer wishes to ship the Lot to a place outside Switzerland, ARTES shall deliver the Lot to the Buyer or the person designated by the Buyer, at ARTES’ premises at any time within ten (10) days after the time ARTES confirms that the total amount has been paid.

In case the Buyer receives the Lot after the ten (10) days prescribed in the previous clauses of this Article have passed, the Buyer must pay the custody fee prescribed in Article 12.

ARTES shall be exempt from any and all responsibility after delivery or shipment prescribed in this Article, and ARTES shall not bear any burden with respect to any accidents or damages to the Lot.

§ 12 Storage

ARTES Auctions do not accept liability for loss or damage to a Lot after the Storage Period.

Lots not collected at the end of the Storage Period will be subject to a storage charge of CHF 50 per Lot per day starting from the first day after the Storage Period.

After the Storage Period, insurance and storage charges are levied on the Seller’s account if the Lot is not sold, or on the Buyer’s account if the Lot is sold.

§ 13 Shipping

Responsibility for any loss or damages occurring during shipping is with the Buyer alone in the case of purchased Lots, or with the Seller alone, in the case of unsold Lots.

§ 14 Shipment to a Location Outside Switzerland

The Buyer is responsible for all procedures necessary for shipment outside Switzerland.  Any and all expenses for packaging, shipment and insurance shall be borne by the Buyer.

If the Buyer wishes, ARTES shall refer him/her to an exporter.

§ 15 Custody Fee

If the Buyer takes receipt of the Lot after the ten (10) day period, he shall pay ARTES a per-diem custody fee in Swiss Francs, calculated on the basis of a fee of nought point seventy-five per cent (0.75 %) of the purchase price per month.

Consumption tax (VAT) shall be added to the custody fee.

§ 16 No Cancellation, No Return

The Buyer cannot retract or cancel the purchase of the Lot.

The Buyer cannot return the Lot.

§ 17 No Warranty

ARTES shall not make any warranty to the Buyer concerning any latent defects of the Lot, because most exhibits are used articles with deterioration, damage, repairs, or the like, and all bidding shall be deemed to have been made on the basis of the bidder’s accountability and after the bidder’s has checked the present condition of the Lot.

ARTES shall not warrant any explanation and/or comment with respect to the exhibits, and such explanation and/or comment shall be for reference only.

§ 18 Events of Default and ARTES’s Rights

If the Buyer fails to perform his/her duty as prescribed in these Management Rules, ARTES shall have the following rights toward the Buyer:

1. in the event of late payment of the total amount by the Purchaser, the Buyer must add to the unpaid sum delinquent charges at the rate of ten per cent (10%) a year for the period from the day immediately following the due date to the date of actual payment; and

2. in the event ARTES does not receive the total amount and the delinquent charges even after one month passes from the due date, the purchase agreement between the Buyer and ARTES shall be automatically cancelled on the day immediately following the date when two months have passed from the due date, whether or not ARTES’ letter requesting payment of the unpaid sum has reached the Buyer.

3. In case the purchase agreement has been cancelled, the Buyer shall lose all rights concerning the Lot and ARTES shall be entitled to re-auction the Lot, sell it to a third party or return it to the seller (consignor).

4. In case the purchase agreement has been cancelled, the Buyer shall pay the total sum of ten per cent (10%) of the purchase price and fifty per cent (50%) of the premium (including consumption tax, VAT) as penalty in addition to the damages prescribed in Clause 1 of this Article.

5. A Defaulting Buyer shall remain responsible for the payment to ARTES of all the damages associated with such a default. Such damages will be the sum of all legally enforceable damages resulting from the Defaulting Buyer’s default, including:

6. ARTES’ costs and expenses in connection with the attempted sale or eventually, re-sale of the Lot(s), or their return to the Seller,

7. ARTES’ and the Seller’s respective legal costs.

ARTES may ban the Defaulting Buyer from making further purchases or bids in the current or future Auctions.

§ 19 Governing Law

The Auction shall be conducted in accordance with these Management Rules throughout the entire process and shall be governed by the laws of Switzerland, Winterthur, even if the Purchaser resides outside Switzerland.

§ 20 Settlement of Disputes

The Seller, Buyer and every other person and ARTES hereby irrevocably submit to the exclusive jurisdiction of Winterthur District Court for the settlement of disputes arising under or in connection with the Auction, even if the seller resides outside Switzerland.

§ 21 Operation of Auction Site

ARTES shall not guarantee continuous and safe access to this Auction site. ARTES shall not be responsible for any damages or losses suffered by any person due to any obstacles in accessing this Auction site caused by factors unforeseeable or uncontrollable by ARTES.

§ 22 Salvatorius Clause

If any parts of these Managing Rules & Terms and Conditions should be no longer or not fully in conformity with the valid legal situation, this shall not affect the content and validity of the remaining parts. The parties hereto commit themselves to modify the invalidated part of the contract by a clause that economically is closest to the original intention. The above-mentioned conditions are written in English; in case of unclear formulations, the only valid text is the English one.

To prospective sellers in the ARTES Auction:

Any prospective seller who wishes to exhibit and sell a property must submit the “Valuation Request Form” prescribed by ARTES and conclude, after consultation with ARTES, an “Exhibit and Sale & Consignment Agreement” with ARTES.

Consultation with and assessment by ARTES shall be provided free of charge before the conclusion of said agreement. Please contact ARTES by e-mail.

Please note:

This Auction shall be conducted in accordance with the Management Rules, Terms and Conditions, Exhibit, Sales & Consignment Agreement and the procedure prescribed by ARTES; 

Swiss law shall apply to the Auction and any matters related to the Auction, whether the exhibitor resides inside or outside Switzerland; and any disputes arising under or in connection with the Auction shall be settled exclusively in Winterthur District Court, Switzerland, whether the exhibitorresides inside or outside Switzerland.