As of September 2025. Place of Execution is Basel.

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1) Jean-David Cahn AG (hereafter „the Seller“) hereby confirms that it has the right of disposal over the objects for sale according to Art. 18 KGTG. Any further warranty is excluded.

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2) The specifications and descriptions given in this catalog are provided in good faith. Nevertheless, their accuracy cannot be guaranteed. 

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3) The seller guarantees that the sales objects were made in Antiquity. This guarantee, which is granted to the buyer only, is valid for two years after the conclusion of the sales contract.

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4) The objects are sold in the condition they were in at the time of the sale („sold as seen“). Complaints regarding the authenticity of a piece (subject to lit. 3) shall be communicated to the Seller in writing at its domicile (Jean-David Cahn, Malzgasse 23, P.O. Box 217, 4010 Basel) upon detection and at the last two years after the conclusion of the sales contract. Other substantiated complaints shall be communicated to the Seller in writing at its domicile, as above, within 14 days of receipt, and at least three months after the conclusion of the sales contract. Any complaints made later cannot be considered further. All liability for any loss or damage sustained during transportation is excluded. Insurance during transportation is the Buyer‘s responsibility.

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5) The delivery and storage of sold objects shall be at the Buyer‘s risk and expense (costs arising from storage, packaging and transportation, any additional costs and expenses, all plus VATs) unless otherwise agreed in writing.

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6) Foreign and Swiss customs, duty and shipment shall be borne by the Buyer. Declaration fees for the import into the EU are borne by the Seller if used through the services provided by the Seller. It is the responsibility of the Buyer to comply with foreign and Swiss customs and foreign exchange regulations and to obtain an EU import license through the services of the Seller. The Buyer is aware of the relevant import and export regulations of the EU and has consulted the website of the Swiss Federal Office of Culture Bern (www. bak.admin.ch/kgt) for details of the Swiss import and export regulations currently in force, as well as further provisions. The Seller declines all responsibility for any consequences arising from the contravention of such regulations. The Buyer acknowledges that a valid import permit is required for the importation of the artworks transferred under this purchase invoice into the European Union. If such a permit is not available at the time of purchase, the approval process may take between four to six months. The registration and execution of the import procedure will be carried out by an art shipping agent appointed by the Seller within the EU. The Seller will organize this process in the name and on behalf of the Buyer. The Buyer is required to conduct the import procedure through the shipping agent designated by the Seller. Alternatives are the responsibility of the Buyers.

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7) The Buyer is personally liable for all acquisitions made; he/she cannot claim to be acting for a third party or person. If a person acts as a representative, written proof of authorization may be requested; the Buyer as well as his/her representative can both be held jointly and severally liable for the purchase and for all other costs. The Buyer shall be liable for any damages caused by delayed payments, in particular for exchange rate and interest losses. Payments by cheque or by the internet shall be deemed to have been received only on clearance by the relevant bank. 

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8) Payment shall be due upon the conclusion of contract, but at the latest 30 days after the invoice is issued. Interest of 1.5% per month will be charged for payments made after 30 days. Payments can be made in cash, by bank transfer or by cheque. The Seller may ask for proof of creditworthiness. Title shall be transferred only upon receipt of payment in full; all risks, however, shall pass to the Buyer upon conclusion of the sales contract.

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9) If payment is delayed, the Seller can, after giving the Buyer due notice, withdraw from the contract forthwith. This also applies in cases where the object has already been transferred to the Buyer‘s possession at the Buyer‘s cost. The object in such a case must be handed back to the Seller upon request. Additionally, the Seller may claim further damages.

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10) If the Buyer does not collect the object, the Seller can choose either to cancel the contract after 30 days and to claim compensation or to store the object at the Buyer‘s expense and to demand that the Buyer collects it. 

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11) All Sales are transacted in Basel, Switzerland, which is therefore the  Place of Fulfillment and the court of jurisdiction. The conclusion of contract, the quotation and the negotiations are subject to Swiss law, exclusive of the United Nations Convention on Contracts for the International Sale of Goods (CISG). By buying, the Buyer recognizes the exclusive right of the court of Canton Basel-Stadt, Switzerland, and of its jurisdiction. All sales are subject to Swiss jurisdiction. All parties recognize the exclusive choice of Swiss jurisdiction for the settlement of any matters arising from the conclusion of the sales contract. 

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12) All purchases and deliveries are performed solely on the basis of these conditions of sale. Any references by the Buyer to his/her terms and conditions are herewith expressly excluded.

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13) Should individual provisions become fully or partially void after the conclusion of contract due to changes in the law, the validity of the remaining provisions and of the contract shall remain unaffected. The invalid provision shall be replaced by that provision which is closest in meaning and intention to the original provision.

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14) The Buyer accepts the condition of the sales as above. He/She explicitly accepts the exclusive right of the courts of Basel-Stadt, Switzerland, and their jurisdiction, exclusive of the United Nations Convention on Contracts for the International Sale of Goods (CISG), over the quotation, the negotiations, and the sale. 

 

15) The conditions of sale are provided in German and English, the German version being the definitive and legally binding one in the event of any disputes.