The relationship between ARTEAL and third parties is governed by these general terms and conditions. Participation in auctions implies unconditional acceptance of these terms.
art. 1 The sale is strictly for cash, in Swiss francs, and without warranty. Potential buyers must identify themselves to ARTEAL before the auction and will receive a bidder number. ARTEAL may request proof of identity and banking references. Bidders agree to personally pay the auction price, buyer's fees, and any applicable taxes immediately. All participants are assumed to be bidding on their own behalf unless they disclose they are acting as an agent for a third party, subject to ARTEAL's acceptance. Invoices are payable at the end of each auction session.
art. 2 The lot is awarded to the highest bidder, but in case of dispute, ARTEAL may designate the successful bidder, continue the sale, or cancel and relist the item. The auctioneer may advance bids, split, combine, or withdraw any lot at their discretion.
art. 3 If a reserve price is set, ARTEAL may bid on behalf of the seller until the reserve is reached. If the reserve is not met, the lot will be passed to the next by a simple hammer strike. The seller cannot bid on their own lots directly or through an agent.
art. 4 Bids must be made verbally or by a clear gesture. The auctioneer may refuse bids from unknown buyers.
art. 5 The buyer must pay the hammer price plus a premium of 20.35% and VAT at 8.1%, totaling 22%. For imported items marked with an asterisk, VAT is calculated on the hammer price and buyer's premium. Foreign buyers must comply with import/export regulations. If VAT exceeds CHF 50, it may be refunded upon presentation of Swiss customs export documents.
art. 6 Online auctions occur on https://https://drouotonline.com which are technical platforms for remote participation. Participants must accept the terms of these platforms. Buyers using Drouot Live pay an additional 1.5% on the hammer price, Buyers using Drouot Online pay an additional 3%, while those using INTERENCHERES pay 3%.
art. 7 Lots are sold as-is. Buyers are encouraged to inspect them before the auction. No claims are accepted post-sale, and ARTEAL provides information as a courtesy without any guarantee.
art. 8 Catalog descriptions are opinions and not guarantees, including photographs, dimensions, and weights. Descriptions may mention damages but are not exhaustive.
art. 9 Estimates are informational and do not guarantee sale prices.
art. 10 ARTEAL may use video presentations during auctions. In case of display errors showing a different item, ARTEAL is not liable and may restart the bidding.
art. 11 Visitors are liable for damage they cause to displayed items up to the average of the estimates plus commission and VAT.
art. 12 Absentee bids may be accepted as a courtesy if received at least 24 hours before the auction. If identical bids are received, the earliest one is preferred. ARTEAL is not liable for errors in absentee bids.
art. 13 Telephone bids are accepted for known buyers if the low estimate is CHF 300 or more. ARTEAL is not liable for unsuccessful contact attempts. Purchase orders can be sent to desk@arteal.ch.
art. 14 Risk and ownership transfer to the buyer at the hammer fall, but ownership is conditional on full payment. The buyer is responsible for insuring purchases. ARTEAL declines responsibility for any damages occurring after the sale.
art. 15 Payment is due within 7 days for Swiss residents, or legal action may be taken. The sale may be canceled at the seller's request after 30 days, with all fees and commissions remaining payable by the buyer. Foreign buyers have 7 days from the electronic invoice date.
art. 16 Lots must be collected at the buyer's expense and risk. No lot will be delivered before the end of the auction and full payment. Items not collected within 7 days will be stored at the buyer's cost, with a fee of CHF 50 per lot per week and an administrative fee of CHF 200.
art. 17 Payment methods include bank transfer, debit card (PostCard and Maestro), or credit card (Visa and Mastercard) with a 1.9% fee for credit cards. Cash payments are limited to under CHF 100,000. Checks are not accepted, and ARTEAL may refuse credit card payments.
art. 18 ARTEAL reserves the right to use and publish images (photos, videos, etc.) of sold items for advertising purposes.
art. 19 ARTEAL reserves the right to deny access to the auction room or exclude any participant without justification. ARTEAL may also reject any bid without explanation.
art. 20 The auctioneer conducts the sale with discretion, ensuring fair bidding and equality among bidders while adhering to established practices. Anyone attempting to obstruct or manipulate bidding is subject to penalties.
art. 21 ARTEAL complies with cultural property transaction laws. Foreign buyers must observe import/export regulations, especially for items containing ivory, tortoiseshell, or other regulated materials. Administrative formalities are the buyer's responsibility, even if not mentioned in the catalog. Export/import license delays or refusals do not justify sale cancellation or payment delay. ARTEAL and the seller are not liable for certificate refusals.
art. 22 Any disputes related to the auction are governed exclusively by Swiss law and fall under the jurisdiction of the courts of the Canton of Vaud, regardless of the parties' residence.
