1 – Definitions
2 – Purpose of the General Conditions of Auction Purchase
3 – Registration
4 – Pre-sales: inspection of the Equipment
5 – Purchase of Equipment
6 – Execution of the sale
7- Removal / Uninstallation and Transport of the Equipment
8- Restrictions on the sale of certain Equipment
9 – Miscellaneous provisions
Prior information :
swiss.auction operates as a platform activity for connecting Buyers and Sellers in the context of private Auctions. Its website is www.swiss.auction
swiss-auction does not request any commission from the successful bidder in addition to the hammer price.
In this capacity, Swiss.auction is therefore not a party to the sale. Just as Swiss-auction is not the owner of the Items / Lots.
Sales are by auction. The Articles / Lots are sold “in the condition described in the technical description of the article / lot and in the place where they are”.
At the request of a potential Buyer, intermediation can be carried out by swiss.auction between potential Buyer and Seller.
Items/Lots are available for pre-auction inspection at the location specified in the item/lot description during office hours as listed in the Online Auction Catalogue, available at www.swiss.auction
The successful bidder is responsible for his lot, as soon as the auction is declared.
The Purchaser may ask Swiss-auction to schedule and prepare the removal and Transport of the Items / Lots on behalf of the Purchaser. A quote will then be offered by swiss.auction
The relationship between swiss.auction and the Successful Bidder is subject to these general terms and conditions of purchase, which each Bidder must accept before making an offer to purchase.
1- Definitions
The terms beginning with a capital letter and defined below will have the meaning attributed to them below, when they are written with a capital letter in these General Conditions of Purchase during the auction.
“Trustee” means the legal entity/natural person who, after making the highest bid, wins the Item(s)/Lot(s) at auction and/or subscribes to one or more Associated Services with France Médical Enchères.
“Potential buyer” means the legal entity/natural person who wishes to acquire Items / Lots.
“Item” or “Equipment” designates all products, articles, equipment and accessories, materials, goods and other second-hand, demonstration, reconditioned items and for spare parts, objects of an auction sale.
“Online Auction Catalogue” means the website where the Items/lots are available for inspection prior to the auction.
“General Conditions” refers to the general conditions of sale of Articles / Lots, purchase of Articles / Lots as well as the Annexes attached thereto.
These General Conditions consist of two parts:
1/ General Conditions of Auction Purchase
2/ Protection of Personal Data / Privacy Policy;
The public auction allows the establishment of the right price by the transparent confrontation between supply and demand.
“Bidder Account” means the account opened by the Bidder to participate in the auction.
“Bidder” means the legal/physical person who makes offers on or the Items / Lots at auction and/or subscribes to one or more Associated Services with swiss.auction
“Trustee’s Management Costs” means the management costs borne by the Tenderer when purchasing Equipment.
“Transport Costs” means the collection and transport costs for the shipment of the Equipment which are charged to the Purchaser and which are not included in the purchase price.
“swiss.auction” is a trademark and a domain name operated by “Art Medical Suisse (A.M.S.) SA”, a company under Swiss law with a capital of CHF 100,000, registered under the identification number of IDE companies: CHE- 472.835.520, located Rue du Simplon, 7 1920 Martigny Switzerland.
“Lot” means an Equipment or a set of Equipment that is put up for auction grouped in a single Lot.
“No Bid” is the minimum amount to add to a bid each time the current bid is exceeded.
“Auction Price” means the sum to be paid by the Successful Bidder in return for the purchase of the Equipment at auction.
“Auction Room” means the site where the Equipment entrusted by the Seller is displayed and available for inspection before the sale.
“Associated Services” means inspection, recovery, deinstallation and transport services for the Equipment used by the Successful Bidder.
“Site” means the swiss.auction internet platform which allows the purchase of Equipment at online auctions and which integrates the services provided and administered by swiss.auction. The Site is dedicated solely to professionals and Bidders.
“Sale without Reserve Price” means the sale by which Swiss-auction sets a starting price per Lot based on its sales history, the highest bidder wins the sale.
“Auction with Reserve Price” means the sale by which the Seller indicates to Swiss-auction a Reserve Price, swiss.auction sets a starting price based on its sales history below the reserve price, swiss.auction is not entitled to sell the Equipment below the Reserve Price. The Reserve Price is not visible to Bidders.
2 – Purpose of the General Conditions of Auction Purchase
All Items / Lots are sold “as described”, without warranty (unless indicated in the description), regardless of their condition, wear, damage and with all faults.
All prices are exclusive of VAT. All taxes resulting from sales and commissions will be invoiced to the Successful Bidders and will be added to the Hammer Price. Swiss-auction may refund the VAT paid by the Buyer on the production of a duly completed bill of lading or the corresponding EU or non-EU export document.
swiss.auction may at its discretion set a purchase limit of a variable amount to Bidders in the event that the Bidder is not known to swiss.auction or has had late payments during a previous sale to auction.
3 – Online Bidder registration to participate in France Médical Enchères auctions
3.1 swiss.auction collects information from Bidders before they can participate in an auction. The information collected by swiss.auction includes in particular: First name, Last name, Company name, Company number, VAT number or Company identification number for Bidders outside Switzerland or the EU, Billing address, Address delivery, telephone number, e-mail address.
Documents are also requested: Valid identity document and document justifying the registration of the company in its country.
All personal information provided to Swiss-auction by the Bidder will be treated confidentially and will not be passed on to third parties.
Swiss-auction may disclose confidential information required by law, any governmental or regulatory authority or by a competent court.
Bidders may obtain access to their personal information to review, update and correct it by writing to [email protected]
Bidders may request the deletion of their personal information by writing to [email protected]
All privacy inquiries should be directed to [email protected]
Requests to delete personal information could prevent swiss.auction from being able to provide services to the Bidder.
3.2 No security deposit is required upon registration of new Bidders, however at any time before or during the auction swiss.auction may notify a Bidder that it wishes the bidder to pay a security deposit to the seller by debiting a bank card.
This deposit is refundable by the seller if no auction is won by the Bidder.
The Seller will retain the security deposit until the total amount of the invoice listing all the auctions at the close of the auction is paid by the accepted payment methods.
4 – Pre-sales: inspection of Articles / Lots
Items / Lots are available for pre-auction inspection in the Auction House during allocated office hours as listed in the Online Auction Catalogue, available at www.swiss.auction
The condition of the Items / Lots is therefore deemed to be known by the Successful Bidder, who accepts the Items / Lots “as is and where they are”. The Items / Lots are sold without any warranty or recourse.
However, the Bidder has the possibility of inspecting the Items / Lots previously put up for sale. At the request of the Bidder and subject to acceptance by swiss.auction, the Bidder may examine the Items / Lots during the viewing days organized by swiss.auction in order to allow interested parties to assess the condition and of the nature of the Items / Lots auctioned.
The Bidder when bidding, declares to be competent and is supposed to have taken knowledge of the defects or imperfections of the Articles / Lots.
The photos used on the various advertisements are not contractual. The auction always takes place at the risk and peril of the successful bidder.
The Purchaser is not entitled to claim damages due to the non-conformity of the Articles / Lots or any other claims for damage caused to persons, objects or assets of the Purchaser arising directly or indirectly from the non-compliance of the Items / Lots.
The Successful Bidder acknowledges that certain Equipment may fall within the category of devices which are subject to specific regulations and directives in Switzerland, the European Union (“EU”) and other countries.
5 – Purchase of Articles / Lots
swiss.auction may, in its sole discretion, without reason, notice or liability of any kind, at any time before or after the start of an auction, but before the closing of the offer, modify, withdraw or modify all or part of the Items / Lots, refuse to accept an offer or end an offer on one or more Items / Lots, or cancel an auction entirely.
Advances, progress and auction rules will be settled at the sole discretion of swiss.auction
swiss-auction reserves the right not to accept an offer and to refuse it for any reason whatsoever.
Acceptance of the offer is a commitment to purchase and is legally binding on the successful bidder, its principals or its agents, given that there is a transfer of ownership at the auction. The blow of the hammer will fix the end of the auction and the pronouncement of the word “Adjugé” or any other equivalent will result in the formation of the sales contract between the seller and the last successful bidder.
Once the Lot has been auctioned, neither Swiss-auction nor the owners of the Articles / Lots can be held responsible for any loss, shortage, damage or liability resulting from or as a result of any cause whatsoever, including, without limitation, negligence, act or omission, strike, civil unrest, war, terrorism, natural disaster and/or any other event occurring beyond the control of Swiss-auction or the owner of the Items / Lots. Bidders are therefore advised to pre-arrange insurance cover for their purchases when awarding the bid.
6 – Execution of the sale
6.1. Payment and Fees.
The successful bidder must pay in full for the auctioned lot(s) within 5 working days of the closing of the auction.
Swiss-auction does not charge any commission related to the purchase price to the Purchaser in addition to the hammer price
The Seller will directly invoice the Buyer at the hammer price, plus VAT at the price and under the conditions under which it applies in the case in question.
The Successful Bidder may pay by the following means of payment:
- The Seller accepts cash payments of a limited amount according to the local regulations in force on which it is dependent.
- By bank transfer; Or
- By credit card (Visa, Mastercard, or Amex). In this case, an additional commission of 2.5% will be applied to the auction amount.
- No purchase can be withdrawn until full payment of the invoice has been received.
If the Item is not collected within 10 working days following the closing of the sale, the seller may invoice the Purchaser for storage costs for the Lot concerned at the rate of 20 euros excluding tax per day as well as any costs handling and transportation.
In the absence of payment by the Purchaser of the Lot after formal notice remained unsuccessful, the Lot concerned will be presented for sale.
In addition, the Seller may ask swiss.auction to claim from the defaulting Buyer, either the additional costs generated by his default, or to pay the difference between the initial hammer price and the new hammer price if he is lower, as well as the costs generated by the new auctions.
The Associated Services requested and/or due in accordance with the rules of the execution of the sale are invoiced separately and must be paid before the collection of the equipment.
7 – Removal / Uninstallation and Transport of the Equipment
7.1 The Successful Bidders are solely responsible:
. packing, loading, removal, shipping and all other costs associated with the removal of the Items / Lots;
. all risk of loss, damage and injury resulting from the removal of the Items / Lots;
. repair any loss or damage caused by the removal of the Items / Lots;
swiss.auction reserves the right to request a copy of the insurance policy at any time.
Items / Lots must be paid for within five working days of the auction.
The Successful Bidders are responsible for controlling the quantities of Items / Lots purchased. No quantity adjustment will be made after the Items / Lots have been withdrawn by the Successful Bidder or his representative.
If, for any reason whatsoever, swiss.auction fails to deliver an allocated Article / Lot, the Seller’s exclusive liability will be the reimbursement of any deposit or any sum paid on said Article / Lot, and the Successful Bidder shall not may make any other claim such as direct, indirect, consequential, exemplary or incidental damages.
7.2. Ownership of Items / Lots and Risks.
In the context of Auctions, the Successful Purchasers are responsible for the Lots as soon as the auction is announced. The transfer of ownership will be effective upon auction. As of the auction, the custodian of the Articles / Lots, the Seller, will be responsible for its maintenance and for maintaining insurance until the removal and delivery to the Successful Bidder in the state in which it was awarded.
The Bidder is advised that swiss.auction may stop a sale for any reason after it has gone online.
7.3. Warranties, claims, indemnities and penalties in the event of cancellation of the sale.
7.3.1 In the event of a claim by third parties on the basis of retention of title, the Purchaser has the obligation to return the Articles / Lots in question or to reach an agreement with these third parties.
7.3.2 swiss.auction does not provide any guarantee on the Items / Lots. The Seller may grant guarantees on the Items / Lots that he puts up for auction.
Any warranty action against Swiss-auction and/or the Seller, any claim for compensation, rescission or reduction of the sale price of any nature whatsoever and, regardless of any visible or invisible defects, the condition operation is excluded.
7.4 – Modification of the Associated Services and the general conditions
swiss.auction reserves the right to make changes to Associated Services for technical, legal or regulatory reasons.
swiss.auction also reserves the right to modify the general conditions hereof subject to prior notification to all Bidders online and in the Auction House.
8 – Restrictions on the sale of some Equipments
8.1 The Equipment and manufacturing elements are generally sold in accordance with the technical restrictions, as well as with European legal or regulatory safety standards. For example, in the European Community, this compliance is attested either by the Compliance Plate (European Directive (93/42/EEC) amended in 2007 (2007/47/EC), if they have not undergone significant modifications security bodies.
8.2 Non-hazardous and non-compliant Equipment is sold unsuitable for production. They can be sold in the state:
(i) To a legal person not intending the Equipment to be used on Swiss or European territory. It will be the Contractor’s responsibility to comply with the legislation of the country of operation.
(ii) To a legal person having the status of reseller, collector, rebuilder or distributor who undertakes to bring them up to standard prior, under their responsibility, to the possible transfer to a customer operator.
(iii) To any Purchaser for resale in the form of spare parts.
9 – Miscellaneous provisions
9.1 In any case, there can be no derogation from these General Conditions of Purchase. In the event that the Successful Bidder issues general or specific reservations derogating from these conditions, these reservations will be deemed null and void.
9.2 Only the version of the General Conditions of Purchase written in French governs the sale; any translation is indicative only. In the event of a contradiction between a translation and the French text, the latter will prevail.
9.3 Place of performance is Martigny, Switzerland.
9.4. These general conditions of sale as well as the contracts concluded in application are governed by Swiss law.
In the event of a dispute, the competent jurisdiction is the legal venue of the company Art Medical Suisse (A.M.S.) SA, 1920 Martigny, Switzerland, owner of the swiss.auction brand.
Email: [email protected]
These general terms and conditions may be modified at any time by Art Medical Suisse (A.M.S.) SA.
Customers are responsible for regularly informing themselves of the content and any changes to these general terms and conditions.
9.5 For all disputes concerning the present in particular their interpretation or their execution, and in particular the conclusion and the execution of the contract only the Swiss law is applicable.
9.6 The fact of making a purchase offer implies full acceptance by the Purchaser of the conditions set out above.
9.7 These conditions are reproduced on the website www.swiss.auction
9.8 In the event that individual provisions of the General Terms and Conditions are or become void, invalid or cannot be enforced, the validity of the rest of the General Terms and Conditions shall not be affected.