The aim of the Hôtel des Ventes de Lausanne SA is to bring together and interest as many potential buyers as possible in order to sell to the highest bidders items entrusted to it in the name and on behalf of third parties.
The Live Auction is broadcast live on Internet sites where all interested parties can watch the video of the sale live and bid as if they were in the room at the Hôtel des Ventes:
https://drouot.com/
http://www.hdv-lausanne.com/
https://www.gazette-drouot.com/
https://www.invaluable.com/auctions
These technical platforms enable remote electronic participation in online public auctions. Participants using one of these platforms must therefore read and accept, without reservation, the terms and conditions of use, which are independent of and in addition to these general terms and conditions of sale of the Hôtel des Ventes de Lausanne.
The fact of participating in the auctions: in the auction room, electronically, by telephone or by purchase order, implies that all buyers or their agents accept and adhere unconditionally to all the present conditions of sale. They are deemed to be acting in their own name and on their own behalf :
Art. 1 - The auction will take place strictly in cash and without guarantee, and will be conducted and awarded in euros or Swiss francs and other currencies instantly, on the exchange rate table visible on the Internet.
Art. 2 - The minimum bid is set at 10%. However, the auctioneer may change this rate by prior announcement.
Art. 3 - The Hôtel des Ventes is legally bound to respect the reserve prices recorded in the reports of its estate inventories and in the other grounds for requisitioning auctions. The auctioneer is therefore obliged to bid on behalf of the sellers, and when this price is not reached, the auctioneer moves on to the next lot by a simple blow of the hammer.
Art. 4 - The auctioneer has the right to change the order of the lots and to separate, group or withdraw lots at his absolute discretion.
Art. 5 - The auctioneer has the right to refuse a bid and/or the adjudication of a lot. Anyone who deliberately hinders or distorts the auction sale will be liable to police penalties.
Art. 6 - The information given in the catalogue is the responsibility of the Hôtel des Ventes and its experts, subject to any corrections announced at the time the lot is presented and recorded in the sale report. The members of the firm, the experts and the auctioneers are at your disposal to provide information on the lots, their period and their condition. Estimates, dimensions, colours of reproductions and information on the condition of the lot are provided for information only. This means that all lots are sold in the condition in which they are found at the precise moment of their adjudication and no claim of any kind will be accepted, even if it relates to an erroneous description in the catalogue. The condition of the frames is not guaranteed. Restorations due to wear and tear and repainting are considered to be conservatory measures and do not entail any depreciation. Condition reports can be provided on request, free of charge, by e-mail or telephone.
Art. 7 - The last bidder will be awarded the lot after the word "sold" has been pronounced. In the event of a dispute, the auction will be cancelled and the lot will immediately be put back up for sale.
Art. 8 - The highest and last bidder for a lot will be the successful bidder. In the event of a double bid, leading to a dispute between two bidders in the auction room and/or on the telephone and/or live via the Internet, which dispute is recognised by the auctioneer as genuine, the lot will be immediately reopened for bidding.
Art. 9 - Payment for purchases may be made by bank transfer or by unlimited cash in application of the Federal Law on Monetary Unity and Means of Payment (LUMMP). The Hôtel des Ventes is free to accept or refuse payment by certain credit cards. The Postcard direct debit card is accepted free of charge. Maestro direct debit cards will be subject to a 0.50% surcharge. Visa and Mastercard credit cards will be subject to a surcharge of 2.3% of the total amount debited as a contribution to a portion of the fees charged by the card issuer.
American Express and other credit cards are not accepted.
Cheques are not accepted.
Art. 10 - The buyer pays a fee of 25% above the hammer price of each lot, plus VAT of 7.7% on this fee. These sales fees are increased by 1.5% for purchases via DrouotLive and by 5% for purchases via Invaluable.
Art. 11 - For an amount of VAT in excess of CHF50, any foreign buyer exporting his lot may apply for a VAT refund upon submission of export documents validated by Swiss customs. For lots under temporary admission, they will be imported definitively if the buyer is resident in Switzerland or they will be dispatched from the seller's country to the buyer's country with application of Swiss legislation on VAT exemption.
Art. 12 - The buyer does not become the owner of the lot until it has been paid for in full.
Art. 13 - Purchased lots must be collected and packed at the buyer's risk.
Art. 14 - At the buyer's request, the Hôtel des Ventes may recommend service providers for handling, packaging, storage and transport. The Hôtel des Ventes shall not be held liable for this recommendation. It is the purchaser's responsibility to insure the lots as soon as they are sold, since from that time onwards, the risks of theft, loss, damage or other are the purchaser's sole responsibility. The Hôtel des Ventes declines all responsibility for the damage itself or for the failure of the successful bidder to cover his risks against such damage.
Art. 15 - Any dispute relating to this sale is subject to the exclusive application of Swiss law and to the jurisdiction of the courts of the canton of Vaud, regardless of the place of the auction or the domicile of the parties. However, the Hôtel des Ventes shall have the right to act at the domicile or registered office of the buyer, or any other competent court. The right to appeal to the Swiss Federal Supreme Court is reserved. From a legal point of view, the French text of these conditions of sale constitutes the only opposable reference.
