Terms of service

General Terms and Conditions (GTC) of Emil Frey Classics AG - Classic Auctions

1.    Parties and Definitions
Emil Frey Classics AG ("EFC") acts as the organiser of live and online auctions of classic vehicles under the brand name "Classic Auctions". In these contractual provisions, EFC is referred to as the organiser and agent. The buyer is the natural or legal person who, within the framework of an auction, submits a binding maximum bid for a vehicle offered by Emil Frey Classics AG and is awarded the bid. A binding purchase contract is concluded when Emil Frey Classics AG accepts the bid and any minimum price is reached. The auction goods are the vehicles offered in the auction, in particular classic cars, modern classics and motorcycles. The services offered include optional additional services such as transport, insurance, maintenance, repairs and similar services.

2.     Scope
These General Terms and Conditions ("GTC") govern the contractual relationship between EFC as the organiser, seller or agent and the customers as bidders or buyers at live and online auctions of classic vehicles.

3.     Eligibility
Only natural persons of legal age and with unlimited legal capacity and legal entities are eligible to participate. Legal entities must be represented by a natural person who is either authorised to represent them according to the commercial register extract or has a corresponding power of attorney. EFC reserves the right to exclude participants from participating in the auction without giving reasons.

4.     Items for sale
The vehicles and items offered for auction (auction goods) are offered either by EFC itself or on behalf of third parties (consignors).

5.     Condition of the vehicles
5.1. The vehicles are sold in their current condition as specified in the vehicle description. The buyer is aware that classic vehicles may typically show signs of wear and tear, imperfections and technical and visual deviations due to their age. The condition, history and other information are listed in the auction description. Information on the condition, history and other characteristics of the vehicles is provided to the best of our knowledge and belief, but does not constitute a warranty of any kind.
5.2. EFC does not provide any warranty or guarantee for the condition, functionality or specific characteristics of the vehicles, unless expressly agreed in writing in the purchase contract. Any liability for legal and material defects is excluded.

6.     Auction procedure
The auction will take place either as a live auction on site, as an online auction via the EFC auction platform or as a hybrid auction (combination of live and online formats).
6.1. Auction announcement and cataloguing
The auction will be announced publicly in advance, in particular on the website, in an auction catalogue or via newsletter. The auction items will be catalogued with a description, photographs, technical details and estimated prices.
6.2. Viewing
It is possible to view the auction items. This can be done either as an on-site appointment on the day of the auction or as a digital viewing by prior arrangement.
6.3. Registration of bidders
To participate in a live or online auction, prior registration and acceptance of the terms and conditions are required. At least the following information must be provided: name, address, place of residence, telephone number and email address.
After successful registration, bidders will receive a bidder number (for live auctions) or individual access to the online auction platform.
It is prohibited to place bids under a false name. EFC reserves the right to verify the identity of registered persons. The latter are obliged to cooperate in the event of such a verification and to submit the necessary documents.
If the person fails to comply with their obligation to cooperate, their registration will be deleted and EFC may exclude the person concerned from current and future auctions.
6.4. Auction procedure
The auction will take place at the announced time or within the announced time window. Depending on the format, the auction will be conducted as follows:
• Live auction: on site with an auctioneer or via livestream
• Online auction within a defined digital time window on the auction platform
• Hybrid auction: combination of live and online formats.
6.5. Bid submission
Bids can be submitted as follows:
• verbally on site (at live auctions);
• in writing or by telephone (for live auctions, after prior registration and confirmation by EFC); or electronically with a click of the mouse (for online auctions; entry of the amount followed by confirmation).
Bidders can also submit maximum bids (automated highest bids) in online auctions. EFC reserves the right to decide at its own discretion whether to accept bids. It may reject bids, refuse or cancel the award, interrupt or cancel the auction, and withdraw the auction item in question or put it up for auction again without giving reasons.
EFC excludes, to the extent permitted by law, any liability for purchase orders that are not executed or are executed incorrectly in online and hybrid auctions. In particular, EFC accepts no liability for damage resulting from technical transmission errors (e.g. failure or interruption of Internet or telecommunications connections, delays in the transmission of online bids, failures of the EFC website, the auction platform or third-party services or individual functions).
In any case, no liability is accepted for unclear, incomplete or ambiguous instructions.
6.6. Award
• The highest bidder will be awarded the contract once the minimum price or higher has been reached, either after the bidding period has expired or at the moment when no further bids are submitted and the auction is closed by EFC.
Award upon reaching the minimum bid – ‘Sold’
Upon award and reaching the minimum bid (minimum price) or higher, a legally binding purchase contract is concluded between the seller and the highest bidder.
Award below the minimum bid – ‘Reserved, not sold’
If a bid is made at a price below the minimum bid (minimum price), the vehicle is considered ‘reserved, not sold’. Vehicles that could not be sold during the auction or for which the minimum bid was not reached may be renegotiated after the auction (see 6.10).
EFC reserves the right to decide freely on the acceptance of bids. In particular, it may refuse or cancel the bid, interrupt or cancel the auction, withdraw the auction item or put it up for auction again, and reject bids.
6.7. Purchase contract and payment processing
• After the auction has ended, EFC will draw up the purchase contract and the corresponding vehicle invoice. This will be handed over to the buyer either directly or sent electronically/by post. The buyer undertakes to transfer the entire invoice amount in full to the account specified by EFC within
7 calendar days (receipt of payment) of receiving the bid. A payment shall only be deemed to have been made once it has been received in full in the specified account.
• For each vehicle purchased at auction, the buyer must pay a buyer's commission of 11% of the hammer price to EFC. This commission is payable in addition to the hammer price.
6.8. Collection and handover of the vehicle after payment has been made
• The vehicle purchased at auction shall be collected after full payment has been made and in consultation between EFC and the buyer. The specific collection date shall be agreed individually. On the agreed handover date, EFC shall hand over the vehicle to the buyer together with the relevant vehicle documents. Ownership of the vehicle shall pass to the buyer upon handover and full payment of the purchase price.
6.9. Non-payment or non-collection of the vehicle
• If payment is not made within the payment period, EFC may legally claim the amount owed and pass on the costs incurred (including compensation for expenses) to the buyer. In addition, the buyer may be excluded from future auctions.
• Alternatively, EFC may waive payment and unilaterally terminate the purchase contract. In this case, the vehicle will be assigned to the next highest bidder or a later auction.
In the event of non-payment, withdrawal or failure to collect, compensation for administrative expenses amounting to 10% of the purchase price shall be payable. Further claims remain reserved.
6.10. Resale
• Vehicles that could not be sold during the auction or for which the minimum bid was not reached may be renegotiated after the auction in consultation with the highest bidder and the consignor or owner. In such cases, EFC acts exclusively as an intermediary between the potential buyer and the consignor or owner, unless it expressly acts as the seller itself. A purchase contract is only concluded with the express consent of both parties.

7.     Conclusion
Upon the bid being accepted and the minimum price set by the seller being reached, a legally binding purchase contract is concluded between the seller and the highest bidder. EFC acts as an agent on behalf of the seller, unless it expressly acts as the seller itself.

8.    Right of withdrawal and return
Returns or exchanges are excluded. There is no right of withdrawal.

9.    Limitation of liability
9.1. EFC shall not be liable for any direct or indirect damage resulting from the purchase, ownership or use of the vehicles purchased.
9.2. The vehicles (auction goods) are sold without any warranty or guarantee, unless expressly agreed in writing.

10.    Data
10.1. EFC processes personal data in accordance with the Federal Act on Data Protection (FADP) and supplementary regulations. Detailed information on data processing can be found in the privacy policy at www. classicauctions.ch/en/data-protection.

11.    Changes to the GTC
11.1. EFC reserves the right to amend these GTC at any time. The amended terms and conditions shall apply to all transactions concluded after the amendment.

12.    Applicable law and place of jurisdiction
12.1. These GTC are subject to Swiss substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for disputes arising from or in connection with these GTC and the sale of the auction goods is Safenwil.

Last updated on 1 September 2025