§ 1 Introduction
§ 2 Use of the Website
- By using the website of RedTree Auction (henceforth referred to as RedTree), the user acknowledges and agrees to the following general terms and conditions of business (GCB).
- RedTree reserves the right to alter the specified GCB at any time and without stating any reason. The revised GCB are published on the website www.redtree-auction.com and come into effect on publication.
§ 3 Auction conditions
- Any manipulation or interference in the function of the RedTree website is strictly prohibited and will lead to prosecution. This includes in particular
- the use of devices, mechanisms or software that could disrupt the proper operation of the website,
- activities that could cause an unreasonable or excessive burden on the RedTree infrastructure,
- blocking, altering or modifying content generated by RedTree, or any other form of disruptive interference with the website.
- The content placed on the website must not be copied, distributed or used or reproduced in any way without RedTree’s consent.
- RedTree reserves the right to limit or even terminate an individual’s right to use the website without stating any reason.
- Each user is personally responsible for keeping their password and any other access data secret. RedTree declines any liability for the consequences of any improper use of an access account.
§ 4 Data protection
The auction is conducted on behalf of, by order of and for the account of the vendor. The items are auctioned in Swiss francs. The currencies additionally specified on the website (such as USD, EUR and GBP) are provided for information purposes only and guarantee no accuracy. The bid accepted is that made by the individual recognised as the highest bidder by the auctioneer on expiry of the electronic timer on the website. The successful bidder is obliged to honour their bid.
Bidders who wish to take part in an auction must register on www.redtree-auction.com beforehand. Registration must take place at least 24 hours before the end of the auction during customary hours of business and must be checked and confirmed via E-mail by RedTree.
Bids may only be made in Swiss francs and on www.redtree-auction.com. Any bid is a binding offer that may no longer be withdrawn. Bidders remain bound by their bids until they is outbid or rejected by the auctioneer.
Bids of over CHF 20,000.– require an additional check on the bidder. The bidding account is activated for amounts over CHF 20’000.– after registration on the website.
The minimum bid normally amounts to 60 – 80 % of the estimated price. RedTree reserves the right to reject bids without stating any reason, to determine minimum bid differences and minimum bids, to change the expiry time of the auction, to re-auction lots in the event of any uncertainty, to withdraw lots, to take part in the auction on its own behalf or on behalf of the vendor and to allow the vendor to bid on their own lots.
The minimum bid increments for the bidding process are as follows:
CHF 100 - 249 ⇒ CHF 10.-
CHF 250 - 499 ⇒ CHF 20.-
CHF 500 - 999 ⇒ CHF 50.-
CHF 1'000 – 2'499 ⇒ CHF 100.-
CHF 2'500 – 4'999 ⇒ CHF 200.-
CHF 5'000 – 9'999 ⇒ CHF 500.-
CHF 10'000 – 19'999 ⇒ CHF 1'000.-
CHF 20'000 – 49'999 ⇒ CHF 2'000.-
CHF 50'000 - 99'999 ⇒ CHF 5'000.-
CHF 100'000 – 199'999 ⇒ CHF 10'000.-
CHF 200'000 – 299'999 ⇒ CHF 20'000.-
CHF 300'000 – 399'999 ⇒ CHF 30'000.-
CHF 400'000 – 499'999 ⇒ CHF 40'000.-
CHF 500'000 – 999'999 ⇒ CHF 50'000.-
From CHF 1 million 100'000.-
Acceptance of the bid, commission, discount and Value Added Tax
The acceptance of the bid takes place at the end of the running time for the respective lot (electronic timer on the website). The lots end from 18:00 (of the respective last day of the auction) within an interval of one minute of each other. All bidders must pay a commission based on the amount of the accepted bid. This is set at 14% per individual accepted bid, and 10% for documented dealers.
VAT of 8% must be paid on the commission. The discount is calculated according to the same conditions. Each bidder is personally liable for the purchases they make. A bidder may not claim to have acted for a third party.
Payment and collection periods and shipping
The auctioned lots must be paid for in Swiss francs (CHF) in cash or by transfer within 30 days of acceptance of the sale price. In the case of a bank transfer from abroad, a fee of CHF 10.– (Europe) or CHF 20.– (other countries) is due. Default interest amounting to 1% per month is charged in the case of delayed payment. The auctioned lots may be collected at any time (after receipt of payment) in the city of Bern. However, they must be collected no later than 60 days after the auction.
If the customer wishes postal shipment, the auctioned lot will be dispatched by courier at the purchaser’s expense. Shipping and insurance are made at the expense of and at the risk of the purchaser/recipient. If fees and taxes are due abroad, these are borne by the purchaser (successful bidder). It is the responsibility of the successful bidder to be aware of foreign duty and exchange regulations, etc. RedTree accepts no liability for any infringement of such regulations. User account details must be updated regularly (changes of address etc.); RedTree accepts no liability for deliveries that cannot be completed due to of incorrect or inadequate address details.
Items are acquired in the condition they are in at the time of the bid is accepted. The auctioneer’s guarantee obligation ends with acceptance of the bid. During the auction running time, interested parties have the opportunity to view and thoroughly inspect the objects by making an appointment with the auctioneer. The descriptions of the lots are made to the best of RedTree’s knowledge and belief. However, RedTree is not liable for the descriptions.
The photographic reproductions of the lots on the RedTree website do not necessarily and absolutely reflect the colours of the originals. Therefore, any complaint due to colour differences is excluded.
§ 5 Disclaimer
- RedTree will treat all personal data as strictly confidential.
- However, where a statutory regulation so requires, or in response to an official instruction or an official investigation, RedTree is authorised to release the data in question to the authorities.
- Each user of the RedTree website agrees that RedTree may collect, process or in any other way use any data related to the use of the website, in particular in order to develop the website and its presentation according to the presumed needs of its users and to improve the security of the website. This relates particular to the user’s browser, operating system, resolution etc.
§ 6 Governing law and jurisdiction
- RedTree endeavours within the limits of its human and financial resources to ensure that its website and the services it offers are of impeccable quality.
- RedTree is liable only for direct loss or damage caused by its own wilful or grossly negligent actions. Subject to any binding statutory regulations, RedTree accepts no liability for direct loss or damage in the event of minor negligence, irrespective of the legal grounds. RedTree accepts no liability for indirect loss or damage or for consequential losses, irrespective of the legal grounds.
- RedTree is not liable for the temporary non-availability of the website, the malfunction of individual or all website functions or for malfunctions of the website itself. In particular, RedTree accepts no liability for technical problems resulting in the delayed, erroneous or cancelled acceptance or processing of bids.
- RedTree may make its website temporarily or partially unavailable for maintenance work or other reasons without incurring claims from the user or vendor.
- Liability for financial and consequential losses is excluded, insofar as permitted by law.
- In particular, RedTree accepts no liability for loss or damage caused to users, vendors or third parties by the conduct of other users, vendors or third parties in connection with the use or misuse of the RedTree website.
- RedTree provides no guarantee for the up-to-dateness, accuracy, lawfulness, completeness or quality of the content of websites that are accessible through links on the RedTree website, and excludes any liability in this connection.
The contractual relationship between the parties is governed in its entirety by Swiss law. The place of performance and exclusive place of jurisdiction for all parties, including third party vendors, is Bern (Switzerland).
§ 7 Safeguard clause
The ineffectiveness of individual provisions of the foregoing conditions does not affect the effectiveness of the other provisions.
The parties undertake to replace any ineffective provision with an effective provision that corresponds as closely as possible to its economic purpose. The same applies to any omissions in the conditions. The German language version of these auction conditions takes absolute precedence.