Auktion 284 : Alberto und Diego Giacometti aus der Sammlung Eberhard W. Kornfeld 12.09.2025
10. In principle, the Buyer’s payment is made by way of wire transfer in Swiss currency. Galerie Kornfeld may at any time refuse to accept cash payment without giving reasons and instead insist on payment by wire transfer. Title to the auc- tioned item passes to the Buyer only upon receipt of payment of the full hammer price and Buyer’s premium (including VAT) by Galerie Kornfeld; however, risk and peril pass to the Buyer already upon the striking of the hammer. The auctioned item will be handed over to the Buyer only after payment has been received in full. 11. A purchased item must be collected by the Buyer, at his or her expense, during business hours within 90 days after con- clusion of the auction. During that period, the item remains insured by Galerie Kornfeld at the hammer price (with the standard exclusions applicable to art insurance). Galerie Kornfeld may, at its sole discretion, accept written or e-mail orders from the Buyer for shipment of the purchased item. Shipping is performed by order of the Buyer and at his or her expense and risk. Obtaining all necessary export, import and other official authorisations as well as submitting declarations to authorities or providing evidence in connection with the acquisition and cross-border transfer of an auctioned object is the sole responsibility of the buyer or the persons commis- sioned by him to do so. If an item is not collected within 90 days, Galerie Kornfeld is entitled to charge a storage fee. In addition to its other contractual and statutory rights, Galerie Kornfeld may also send the uncollected item to the Buyer, at his or her expense and risk, to the last address provided to Galerie Kornfeld or, if that is not possible, deposit the itemwith a court, sell it privately, or auction it off subject to no reserve price. Insofar as the European consumer protection regula- tions are applicable, the costs and risk of any rescission and reversal of the contract shall be borne by the purchaser. 12. The invoice for an auctioned item must be paid no later than 10 days after receipt of the invoice. If the Buyer fails to pay or does not do so on time, Galerie Kornfeld, acting on behalf of the Seller, may either demand fulfilment of the purchase agreement or at any time, without setting a time limit, waive fulfilment of the purchase agreement by the Buyer and with- draw from the purchase agreement or demand damages for non-performance; in the latter case, Galerie Kornfeld is also entitled to sell the item, without regard for a minimum sale price, either privately or by auction and use the proceeds to reduce the Buyer’s debt. Should the proceeds exceed that amount, the Buyer has no entitlement thereto. Alternatively, in the event of payment arrears by the Buyer of greater more than 60 days, Galerie Kornfeld can disclose the Buyer’s name and address to the Seller. The Buyer bears liability toward the Seller and Galerie Kornfeld for all damage arising from non-payment or payment arrears, including the Buyer’s pre- mium and any consignment commission. 13. Until all amounts owed are paid in full, Galerie Kornfeld reserves a lien on all of the Buyer’s property in its possession. Galerie Kornfeld is entitled to sell such pledged property in accord- ance with debt collection lawor privately (including self-deal- ing). The plea of prior realisation of pledged property pursuant to Art. 41 of the Swiss Federal Debt Collection and Bankruptcy Act is excluded. 14. The objects are acquired in the condition that they are in upon the striking of the hammer. Prospective buyers have the opportunity to inspect the items prior to the auction and to examine them and bring in experts with respect to the description and their condition. Complaints after the striking of the hammer are not accepted. The descriptions in the auction catalogue are made to the best of Galerie Kornfeld’s knowledge and belief at the time of the preparation of the catalogue. However, they do not constitute warranties, and no liability is accepted for the information contained therein. This applies in particular with regard to origin, authenticity, attributions, periods, markings, signatures, dates, condition, and restorations. The Seller and Galerie Kornfeld exclude any and all warranty for defects of title or quality and any and all liability arising from mandate and agency. Expert reports attached to the items or obtained by Galerie Kornfeld are nothing more than expressions of opinion for which any and all liability is excluded. The indicated prices are nonbinding estimates. 15. It is explicitly noted, and the bidder accepts, that video and/ or audio recordings and/or internet protocols of the auction may be made for quality assurance or evidentiary purposes. Furthermore, it is explicitly noted and the bidder accepts that video and/or audio recordings of the auction may be trans- mitted in real time on the Internet for the purpose of holding the same or may be subsequently published for promotional purposes. 16. Regarding the processing of the bidder’s personal data, ref- erence is made to Galerie Kornfeld’s privacy statement (www. kornfeld.ch ). The privacy statement is an integral and binding part of these terms and conditions. 17. The contractual relations between Galerie Kornfeld and the Buyer and between the Buyer and the Seller are governed by the laws of Switzerland. The exclusive place of performance and the exclusive place of jurisdiction for those contractual relations is Bern . Swiss value added tax (VAT) 18. Galerie Kornfeld charges VAT to the Buyer as due pursuant to the provisions of law and to the regulations of the Swiss Federal Tax Administration. In particular, the following provi- sions apply. 19. VAT (currently 8.1%) is charged on the Buyer’s premium. 20. VAT (currently 8.1%; for books currently 2.6%) is due on the hammer price plus Buyer’s premium in the case of items iden- tified by a star (*) after the estimate. 21. VAT on the Buyer’s premium or, as the case may be, on the hammer price plus the Buyer’s premiumwill be refunded if the Buyer provides evidence by submitting the corresponding export declaration form that the item has been exported. * VAT object, cf. clause 20 of these «Terms and Conditions for Buyers»
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