TERMS AND CONDITIONS
April 2024
Welcome to Nomos AG. By participating in our auction you agreed to be bound to these terms of use.
From time to time Nomos AG may revise the terms of use. Revised terms will be posted to the website and are effective immediately.
All information, which you supply to us, including your name, address, telephone number, email address, credit card information, and other personal information, must be truthful and accurate. We respect your privacy and promise to safeguard the confidentiality of your information. However, in the event that we suspect fraudulent or otherwise unlawful activity, we reserve the right to supply your information to law enforcement agencies.
We reserve the right, in our sole and absolute discretion, to restrict or terminate your right to use the website.
You are responsible for keeping your password and other account information confidential. You are responsible for all uses of your account, whether or not authorized. If you believe your account has been misused or compromised, please contact us immediately.
The sole remedy that you shall have for any claim or controversy shall be a refund, without interest, of all or part of the price which you have paid to Nomos AG for goods or services which you have purchased from Nomos AG. Apart from that sole remedy, you waive any claim for direct, indirect, incidental, consequential or exemplary damages for any claim or controversy.
We may modify or discontinue the website or any of its features, including any specific auction, at any time. We do not guarantee accessibility, accuracy, or security of the website. You accept the website on an "as is" and "as available" basis.
All software on the website is the property of Nomos AG or its software suppliers and is protected by Swiss and foreign copyright laws and international conventions. The content of the website may be used as a shopping and educational resource. Any other use of the website, including the reproduction, modification, distribution, transmission or display of the content, is strictly prohibited.
You may not use any software or device that will affect the function of the website or any of its features. You may not take any action that places an undue burden on the function of the website software or infects the website's system.
The terms of use constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision of the terms of use shall be held to be unenforceable, that provision shall be deemed severable from the terms of use and shall not affect the enforceability of the remaining provisions. Failure by Nomos AG to exercise any right provided in the terms of use shall not constitute a waiver of any right. Waiver of any provision of the terms of use must be made in writing signed by a representative of Nomos AG, which specifically states that it is a "Waiver of the terms of use". You shall defend Nomos AG and hold Nomos AG harmless from any and all claims, demands, losses, liabilities and expenses of any kind including attorney fees arising from any breach by you of the terms of use.
Any contract arranged through the website between you and Nomos AG, including direct purchases and auction purchases, shall be completed only when the contract is accepted and confirmed by Nomos AG. Therefore, each contract is made in Zürich, Switzerland.
Any legal action or claim relating to or arising from the terms of use or the website shall be brought in Zürich 1; you submit yourself to the personal jurisdiction of these courts for this purpose, consent to service of process by registered or certified mail, and waive any contrary provisions of Articles 14 or 15 of the French Civil Code and any similar provisions in any jurisdiction. The terms of use shall be governed by those laws of Switzerland, which are applicable to agreements that are made, and that are to be fully performed, within Switzerland. In any dispute regarding the Website, the prevailing party shall be entitled to recover its reasonable costs and attorney fees.
1 GENERAL AUCTION TERMS
1.1. The property listed in the catalogue is offered for sale by Nomos AG for itself and as agent for various owners and consignors. We reserve the right to reject any bid, to determine the opening price, to set bidding increments, to vary the order of the auction, to reopen bidding in the case of a dispute, to withdraw any lot, to bid on behalf of Nomos AG, to bid on behalf of the consignor, and to permit the consignor to bid on his own lots. Nomos AG may loan or advance money to consignors or prospective bidders, and may have an interest other than commission charges in any lot. Nomos AG may bid on its own account as an “insider” with information not available to the public.
1.2. All coins are guaranteed genuine. Attribution, date, condition and other descriptions are the opinion of the cataloguer. No warranty is expressed or implied. Please note that an auction sale is not an approval sale. Lots examined prior to the sale and lots purchased by floor bidders (including bidders executing commission bids on behalf of other parties) may not be returned for any reason except lack of authenticity. Third party grading services certification (e.g. NGC, PCGS, ANACS, etc.) is not sufficient cause for any return of purchased items. The opinion of the International Bureau for the Suppression of Counterfeit Coins (IBSCC) of the International Association of Professional Numismatists (IAPN) will be deemed definitive for issues of authenticity. All claims of misdescription and all claims of return, except claims regarding authenticity, must be made within 8 days of receipt of material. Any claim of lack of authenticity must be made in writing by the original purchaser immediately after discovery that an item is not authentic, and upon making such a claim the original purchaser must immediately return the lot to Nomos AG in the same condition as at the time of the auction. Coins that have been encapsulated ("slabbed") by a grading and/or authentication service may not be returned for any reason, including authenticity, if they have been removed from the encapsulation ("slab"). If payment is made by credit card, rights of return are governed by these auction terms, which supersede any rights of return promulgated by the card issuer. Estimates are intended as a guide only and not as a statement of opinion of value.
1.3. For all silver and bronze coins and medals delivered in Switzerland there is an additional Swiss VAT of 8.1% due on the price. It will be added automatically.
1.4. Invoices are due and payable immediately upon receipt. Interest and late fees of 1.0% per month, or at a highest rate permitted by law, whichever is less, from the date of the auction, shall be payable on invoices not settled within 20 days of the auction date. Payments by bank wire, PayPal and credit cards via Stripe (Visa and MasterCard) will be accepted. Check payments cannot be accepted. Invoices to be paid by wire transfer will be quoted in the appropriate currency, depending on the location of the buyer. All successful bidders are asked to verify that bank charges that are the result of international wire transfer fees are completely at their expense. A fee is charged for credit card via Stripe (2.9% + CHF 0.30) and PayPal payment (5%). Nomos AG may reduce or compromise any charge or fee at its discretion.
1.5. Bidders not known to us must provide satisfactory credit references or pay a deposit as determined at Nomos AG's discretion before bidding. Minors are not permitted to bid without written consent of a parent guaranteeing payment. Nomos AG may require payment in full from any bidder prior to delivery of lots. Title does not pass until lots are paid in full. Upon receipt of lots, the buyer assumes full responsibility for loss or damage. Delivery to the buyer’s address of record shall constitute receipt by the buyer regardless of the identity of the person accepting delivery.
1.6. Bidders are responsible for errors in bidding. Check your bids carefully.
1.7. Estimates are in Swiss Francs (CHF) and bids must be made in even Swiss Franc (CHF) amounts.
1.8. Nomos AG may place a reserve on any lot. However, no reserve will be higher than the estimate, and ordinarily lots are reserved at 80% of estimate.
1.9. Bidders personally guarantee payment for their successful bids, including bidders executing commission bids from other parties and bidders representing corporations or other entities. Buyers accepting commission bids from other parties do so at their own risk and remain responsible for payment under these Auction terms.
1.10. In the event a successful bidder fails to make full payment within 20 days of the auction date, Nomos AG reserves the right to deem the sale incomplete and to resell the material, and the bidder agrees to pay for the reasonable cost of such a sale and also to pay any difference between the resale price and the previously successful bid. Nomos AG reserves all rights that it is entitled to under the Swiss Commercial Code, including the right to offset any sums due from a successful bidder against any future consignment or purchase or monies or goods in possession of Nomos AG.
1.11. Sales tax, postage, handling and insurance are the responsibility of the buyer and are added to all invoices where appropriate. On any tax not paid by the purchaser, which should have been paid, even if not invoiced by Nomos AG, the purchaser agrees to pay the same on demand together with any interest or penalty that may be assessed. It is the responsibility of the buyer to comply with foreign customs and other regulations.
1.12. Prices realized are posted at www.nomosag.com and successful electronic bidders are notified by email after the last lot of the sale closes.
1.13. Bidders hereby waive any claim for incidental, consequential or exemplary damages arising from this auction. The sole remedy that any participant in the auction shall have for any claim or controversy arising out of the auction shall be a refund, without interest, of all or part of the purchase price paid by the participant.
1.14. All rights granted by Nomos AG or otherwise available to bidders and purchasers, under these Auction terms or otherwise, are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise. No third party may rely on any benefit or right conferred by these Auction terms. Bidders acting as agents must disclose the agency in writing to Nomos AG prior to the auction; otherwise rights are limited to the agent and are not transferable to the undisclosed principal.
1.15. Any dispute regarding this auction shall be governed by the laws of Switzerland and shall be adjudicated only by the Court of Zürich 1; all bidders submit themselves to the personal jurisdiction of this court for this purpose, consent to service of process by registered or certified mail, and waive any contrary provisions of Articles 14 or 15 of the French Civil Code and any similar provisions in any jurisdiction. In any dispute regarding this auction, the prevailing party shall be entitled to recover its reasonable costs and attorney fees.
1.16. In the event of a dispute, the English version of these auction terms shall be definitive.
2 WEB AUCTION (OBOLOS)
T his is an internet and mail bid sale with an automated electronic close, conducted by Nomos AG. Bidding in the auction constitutes acceptance of the general and the following terms:
2.1. Lots will be sold in the order listed in the web catalogue. All written, email and phone bids must be received by 5:00PM CET, on the day prior to the sale date. Electronic bids may be placed by approved bidders up until the closing time of each lot. The electronic clock on the website represents the official closing time for each lot. Bidders intending to bid electronically must first register at nomosag.com. New website registrations are processed for approval Monday through Friday 10:00AM-5:00PM CET only. No new registrations will be approved on the sale date.
2.2. A 20.0% buyer’s fee will be added to the hammer price of all successful written, electronic, email and phone bids.
2.3. The Nomos AG website, www.nomosag.com, will execute electronic bids on behalf of all electronic bidders. Subject to reserves and opening prices, all electronic bids will be executed by the electronic software at one bidding increment (approximately 10%) over the next highest bid. All written, email and phone bids received before 5:00 PM CET the day prior to the sale date will be uploaded to the Nomos AG website no later than the day prior to the sale date. These bids will not be subject to the minimum required bid cited on the website at the time of the upload. Any written, email and phone bids received after the deadline or with special instructions will be executed at Nomos AG’s complete discretion and will be subject to the next bid required by the website. In the case of identical written, email and phone bids, the earliest bid received wins. An electronic bid has priority over any identical written, email or phone bid. Bid by lot number. All multiple lots will be sold as is. Electronic bidders may check their bids under “My bids” at nomosag.com.
3 PRINTED AUCTION (NOMOS)
This is a public and mail bid auction conducted by Nomos AG. Bidding in the auction constitutes acceptance of the general and the following terms:
3.1. A 22.5% buyer’s fee will be added to the hammer price of all successful written, email and phone bids, as well as on all bids executed on the floor by the bidder.
3.2. Nomos AG will execute mail bids on behalf of mail bidders. Subject to reserves and opening prices, mail bids will be executed at one bidding increment (approximately 10%) over the next highest bid. In the case of identical bids, the earliest bid wins. A mail bid has priority over an identical floor bid. Bid by lot number. All multiple lots will be sold as is.
4 ASSOCIATED SALES
This is an Associated Auction presented by Nomos AG. Bidding in the auction constitutes acceptance of the following terms:
4.1. The property listed in this catalogue is offered for sale by the associated auction firm. By placing a bid with Nomos AG, you have requested that we act as your agent for this sale. Nomos AG will not be privy to the bids the associated firm received for the sale, and we will not divulge our bids and bidders to the associated firm. Therefore, it is important to only place bids with one firm. We are not responsible for competing bids placed with the associated firm who published the sale.
4.2. Estimates are in the currency of the associated catalogue, as cited on this site. Bids must be in even currency amounts. Nomos AG will execute bids as an agent in the associated auction. Subject to reserves and opening prices, bids will be executed at one bidding increment (approximately 10%) over the opening floor bid up to the maximum amount bid. In the case of identical bids, the earliest bid wins. The associated auction’s mail bid has priority over an identical bid given to Nomos AG. Bid by lot number. All multiple lots will be sold as is.
4.3. Lots examined by Nomos AG prior to the sale and lots purchased by Nomos AG on behalf of its clients in an associated auction may not be returned for any reason except lack of authenticity. Nomos AG, when acting as an agent in an associated auction, has the right to cancel a submitted bid, if in Nomos AG’s opinion the coin is not authentic, is misattributed, or there are defects that have not been adequately described.
4.4. Nomos AG may bid on its own account in this sale.
4.5. The buyer’s fee of the associated catalogue will be added to the hammer price, as cited on this site.
