Auktion 284 : Alberto und Diego Giacometti aus der Sammlung Eberhard W. Kornfeld 12.09.2025
Terms and Conditions for Buyers By participating in the auction, the Buyer accepts the following terms and conditions. The German version is binding and prevails. 1. The auction is conducted by order of the consignor (“the Sell- er”), in the Seller’s name, for the Seller’s account and in Swiss currency. 2. Galerie Kornfeld Auktionen AG (“Galerie Kornfeld”) may con- duct auctions classically in the auction hall (“Live Auction”) or exclusively digitally via the Internet (“online only auction”). 3. Galerie Kornfeld is free to organise an auction at its sole dis- cretion. Specifically, it reserves the right to combine, divide or cancel lots of the auction catalogue, or to change the order in which the lots are brought to auction. 4. In principle, the item is sold to the bidder placing the highest bid. However, Galerie Kornfeld reserves the right, at its abso- lute discretion, whether or not to accept a bid. Specifically, Galerie Kornfeld reserves the right to refuse or cancel the sale, interrupt or cancel the auction procedure, withdraw the item or reoffer and resell the item at auction. It also has the right to reject a bid. 5. Subject to approval by Galerie Kornfeld, bidders at live auc- tions can place bids personally at the auction sale or as absentee bidders. For bidders attending the live auction, the following provisions a.–e. apply. For absentee bidders, the following provisions a.–f. apply. a. Bidders attending the auction are required to present an official identification document and obtain a bidding num- ber in good time prior to the auction. Absentee bidders are assigned a bidding number by Galerie Kornfeld. A bidding number is required in order to participate in the auction. Galerie Kornfeld may refuse at its discretion to assign bid- ding numbers to bidders. By obtaining a bidding number and placing a bid, the bidder accepts and acknowledges these terms and conditions for Buyers. b. Bidders who have not made any purchases from Galerie Kornfeld over the last two years must register no later than 48 hours prior to the participation at the auction by completing the “first time bidder registration” form or by registering on Galerie Kornfeld’s website. The registration must be accompanied by a copy of the bidder’s passport or an equivalent official identification document and if need be adequate financial references. The signed form and attachments must be sent to Galerie Kornfeld by mail, by fax, by e-mail or submitted online. Galerie Kornfeld may require that bidders provide an advance payment of a rea- sonable amount. Galerie Kornfeldmay refuse a registration at its own discretion and without giving reasons. c. By placing a bid, the bidder accepts a personal obliga- tion as Buyer, irrespective of any declaration at the time of obtaining the bidding number that he or she is acting as the agent of a third party. The agent and the principal are jointly and severally liable for the fulfilment of any and all obligations. d. Galerie Kornfeld reserves the right, acting on its own or on the Seller’s behalf, to place bids on behalf of an absentee bidder, or for its own account, or to maintain reserve prices for sale. e. Bids relate to the hammer price. The Buyer’s premium and value added tax (VAT) are not included therein (see paras. 8 and 18 et seqq.). f. In the case of absentee bids, a distinction is made between orders in writing and by telephone (cf. paragraph i below) and bids placed during the live auction via Galerie Korn- feld’s website or websites of third parties with whom Galerie Kornfeld cooperates for this purpose (“Live-In- ternet-Bidding”, cf. paragraph ii below). If multiple orders containing the same maximum bid are received, and if that amount is not outbid at the auction, the sale is made to the first such bid received. i. Bidders who wish to submit an order in writing or by telephone must send the bid order to Galerie Kornfeld by mail, fax, e-mail or submit the order online via Galerie Kornfeld’s website. Orders in writing and by telephone must at least specify the details of the artwork, includ- ing the catalogue number and catalogue description (name of artist and title). Orders for written bids must also include the maximum bid in CHF per lot number. Orders for bids by telephone must furthermore specify the phone numbers at which the bidder can be reached at the time of the auction. The forms for such orders can be obtained fromGalerie Kornfeld or its website. Orders in writing or by telephone must be received by Galerie Kornfeld by no later than 6 p.m. of the day prior to the respective auction. Galerie Kornfeld reserves the right to disregard orders that Galerie Kornfeld, at its sole dis- cretion, considers unclear or incomplete. ii. Bidders who wish to submit their bids via Live-Inter- net-Bidding must register in good time on Galerie Kornfeld’s website or with the third-party providers for Live-Internet-Bidding. Once they have been activated, they can bid in the live auctions electronically via the websites of Galerie Kornfeld or of the third-party pro- viders. Bids are possible up to the personal bidding limit, which can be increased via the websites of Galerie Kornfeld or of the third-party provider upon request before the auction. Galerie Kornfeld reserves the right to reject registration requests for Live-Internet-Bidding via Galerie Kornfeld’s website or via a third-party pro- vider without giving reasons. By participating in Live- Internet-Bidding, the bidder accepts the Terms and Conditions for Buyers of Galerie Kornfeld, regardless of whether he participates in Live-Internet-Bidding via Galerie Kornfeld’s website or via a third-party provider. 6. Bids at online only auctions may only be submitted via the digital auction platform provided for this purpose. The ver- ification of the registration for an online only auction may take up to 48 hours. Galerie Kornfeld may ban a bidder from participating in an online only auction even if he or she has successfully registered and logged in. Bids at online only auctions are possible up to the personal bidding limit, which can be increased upon request. Specifications regarding the exact procedure of the online only auctions are included in the “Frequently Asked Questions” for buyers (FAQ) and can be obtained from Galerie Kornfeld or on its website. Further- more, the provisions of Clause 5 lit. a–f above apply by anal- ogy to online only auctions. 7. To the extent permitted by law, Galerie Kornfeld assumes no liability for unexecuted or improperly executed bid orders, be it absentee purchase orders during live auctions or bids sub- mitted in online only auctions. In particular, Galerie Kornfeld assumes no liability for damage caused by technical trans- mission errors (e.g. inability to establish or interruption of tele- communication or Internet connection, delays in transmission of online bids, failure of the websites of Galerie Kornfeld or third-party providers, the digital auction platform or specific functions of the websites of Galerie Kornfeld or third-par- ty providers etc.) or due to unclear, incomplete or ambig- uous instructions. Regarding the specification of the item in absentee bid orders or online only bids, in case of doubt the description of the artwork and not the catalogue number shall prevail. 8. n addition to the hammer price, the Buyer shall pay a premium (buyer’s premium) on each auction lot, calculated as follows: a. on a hammer price up to and including CHF 500,000: 25% b. on a hammer price from CHF 500,001 to CHF 1,000,000: 25% on the first CHF 500,000 and 20% on the difference up to CHF 1,000,000 c. on a hammer price over CHF 1,000,001: 25% on the first 500,000, 20% on CHF 500,001 to CHF 1,000,000 and 15% on the difference up to the hammer price Regarding value added tax: see the “Swiss Value Added Tax (VAT)” section below. 9. The Buyer acknowledges that Galerie Kornfeld may also receive a commission (consignor’s commission) from the Sel- ler for its own benefit and account. Galerie Kornfeld reserves the right to pay commissions to third parties from its remu- neration.
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