WHEN
TUESDAY 25 TH OF OCTOBER 2016 F RO M 2 P M TO 3 P M (SWIS S T I M E )
WHERE
ONLINE ONLY O N B AG H E R AW I N E S . AU C T I O N
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a gentleman ’s autumn …
Dear Whisky-lovers, Our “ Drinking Sir ? ” online-only auction – second part of our Autumn Wine o’clock series – can boast about some truly rare beauties. And guess what : I’m not talking about wines ! Once again, we are delighted to offer you a selection of exceptional whiskies. As with the Ichiro Malt cards that we sold last December, we are happy to honor a family’s savoir-faire and dedication by giving a place of choice to five jewels from William Grant & Sons. We will close the online auction with one of the most emblematic brands : Macallan and two of their bottles which embody its tenacious character and endless quest of elegance. Contemplate and meditate on how old these venerable beverages are, consider how few bottles have been released and appreciate their rarity. How many of the 128 Balvenie 50 yo or of the 500 most sought-after Macallan 1928 over 50 yo are still available ? And what of the Ladyburn 42 yo now that the distillery is closed ? Browse and succumb to this inspired selection of rare whiskies that we hope will get you dreaming and enthused for many years to come. And do not hesitate to visit our blog where researched articles await you. Be sure that you won’t often have the opportunity to acquire and relish such incredible whiskies. So, do not linger – our Wine o’clock online auctions go fast ! Be on time– on Tuesday 25th of October at 2pm precisely – and remember : us, Swiss don’t mess with time ! Emmanuel Mercé, Department Manager… and whisky-lover
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9 — d r i n k i n g s i r ?
27 — how to bid
35 — conditions of sale
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1
— d r i n k i n g s i r ?
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LOT 22
The Balvenie 50 yo — 1963 Scotland, Speyside
Dist. 1963, bottled 2014. Cask 4570. Bottle # 83 / 128. Single malt. 45,9% volume.
1 bottle (70 cl) per lot Original set CHF 24,000 – 31,500 ¤ 22,080 – 28,980
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LOT 23
The Balvenie 40 yo Scotland, Speyside Bottle # 238. Single malt. 48,5% volume.
1 bottle (70 cl) per lot Original set CHF 5,000 – 8,000 ¤ 4,600 – 7,360
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LOT 24
Glenfiddich 40 yo Scotland, Speyside
Bottle # 200 / 600. Single malt. 44,5% volume.
1 bottle (70 cl) per lot Original set CHF 3,000 – 4,500 ¤ 2,760 – 4,140
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LOT 25
Glenfiddich Rare Cask 36 yo — 1979 Scotland, Speyside
Cask 11138. Bottle # 178 / 186. Single malt. 51,8% volume.
1 bottle (70 cl) per lot Original set CHF 2,800 – 4,300 ¤ 2,576 – 3,956
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LOT 26
Ladyburn 42 yo Scotland, Speyside
Single malt. 40% volume.
1 bottle (75 cl) per lot Original set CHF 1,300 – 2,800 ¤ 1,196 – 2,576
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LOT 27
Macallan, Anniversary Malt over 50 yo — 1928 Scotland, Speyside
Dist. 1928, bottled 1983. Bottle # 279 / 500. Single malt. 38,6% volume.
1 bottle (75 cl) per lot Original set CHF 40,000 – 58,000 ¤ 36,800 – 53360
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LOT 28
Macallan M Scotland, Speyside
Single malt. 44,7% volume.
1 bottle (70 cl) per lot Original set CHF 3,500 – 5,000 ¤ 3,220 – 4,600
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TASTING PROGRAMME AUTU M N 2016
T U E S D AY O C T O B E R 2 5 TH AT 6 . 3 0 P M KRUG VINTAGE FROM 1976 TO 2003
T U E S D AY N O V E M B E R 1 5 TH AT 6 . 3 0 P M FINE & RARE SAKÉS VS. CELEBRATED WHITE BURGUNDIES (PONSOT, DAUVISSAT, DE MONTILLE, VAN BERG…)
In the presence of Gautier Roussille, author of « Nihonshu, le saké japonais »
T U E S D AY D E C E M B E R 1 3 TH AT 6 . 3 0 P M FINE & R ARE SAKÉS VS. ICON CHAMPAGNES (SALON, LECLAPART, BOLLINGER…)
In the presence of Gautier Roussille, author of « Nihonshu, le saké japonais »
E S PA C E F E R T B A R TO N 7 — 1 2 0 1 G E N E VA
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— how to bid
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27
34
3
— conditions of sale
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35
conditions of sale
4. ABSENTEE BIDDING
These conditions of sale govern the contractual relations between Baghera Wines Auction & Trading SA
If a customer is unable to participate at the auction online,
(“Baghera Wines”), the seller whose details are indicated
he still has the possibilty to leave absentee orders on
in the Sales Commission document (“Seller”), any partici-
Baghera Wines webiste prior to the sale.
pant in the auction or traded or over-the-counter, as well
Baghera Wines reserves the right in its sole discretion, to
as any bidder and the highest bidder, excluding contrac-
refuse bids from a buyer’s instructions in case the infor-
tual relations between Baghera Wines and the Seller.
mation and documents submitted as proof of identity, i.e.
In case of conflict between these conditions of pur-
the identity of the beneficial owner, should prove to be
chase and the terms and conditions of sale, the general
false, incomplete, ambiguous or inadequate.
terms and conditions of sale shall prevail. In the event of conflict between the English and French versions of these
5. TERMS OF AUCTION
purchase conditions, the French version (avalaible on
The bid steps decrease from high to low estimate of the
bagherawines.com) shall prevail. These purchase condi-
lot. All lots have 16 bid steps lasting for 10 seconds. The
tions can be modified at any time, in writing or orally dur-
first bidder to click at any step stops the sale of the con-
ing the sale. By participating in any capacity whatsoever in
cerned lot and wins the lot. There is no possibility to outbid
an auction or a private sale organised by Baghera Wines
this lot.
discretion, you agree to be bound by these conditions of
If no one bids on the lot and once the 10 seconds of the last
purchase.
step are passed the sale of the lot ends. Then the sale of the next lot begins. The lots are sold one at a time accord-
1. AUCTION PROCEDURE
ing to the catalogue order.
Baghera Wines organises only online sales called ‘Wine
The Seller as well as any person instructed by the former
o’Clock’. These sales are processed automatically.
cannot bid on their own lots.
2. BUYER
6. ESTIMATE
The first customer to click at any bid step (the “Buyer”)
The estimate of each lot is based on prices reached during
stops the sale of the concerned lot and wins the bid on the
previous auctions for similar lots. It is subject to change
lot of items (the “lot”).
and does not constitute any guarantee or indication of the actual final sale price. The estimate does not include costs
3. TRANSFER OF RISK AND PROPERTY
such as the buyer’s commission or VAT.
Once awarded to the Buyer, the risks and ownership of the
7. RESERVE PRICE
lot pass to the Buyer.
The reserve price is the confidential minimum price at
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which the Seller agrees to sell the Lot. If the reserve price
property at the pre-sale viewing, which can be attended
is not reached, Baghera Wines may reject the last bid
at no charge by appointment only (please contact
and set a new starting price equal to or above the reserve
office@bagherawines.com).
price. In case no bid matches or is above the reserve price,
Bidders accept responsibility for carrying out inspec-
Baghera Wines shall withdraw the lot without adjudging it
tions and investigations, during previewing, to satisfy
to anyone. Baghera Wines, however, reserves the right to
themselves as to the lots in which they may be interested.
organise a private sell after the auction, in which case the
Baghera Wines may also provide condition reports. The
price shall not be lower than the reserve price, subject to
absence of reference to the condition of a lot in the cata-
agreement by the Seller for a price below the reserve price.
logue description does not imply that the lot is free from faults or imperfections.
8. BUYER’S PREMIUM AND PRICES The buyer’s premium is 20% plus 8% Value added tax
11. NO WARRANTY
(VAT) on the hammer price and buyer’s premium. The
Baghera Wines only acts as agent to the Seller. The sale is
total amount of the hammer price of each of lot purchased,
passed directly between the Seller and the Buyer. Baghera
plus the buyer’s premium, plus VAT is the final price.
Wines shall not be responsible for any defects in the lots
This tax (VAT) is refunded to any buyer domiciled outside
nor do we guarantee the accuracy of the information con-
Switzerland if, but only if, Baghera Wines receives from
cerning the producer, origin, date, age, authenticity, prov-
such buyer an export declaration in respect of a purchased
enance, weight or condition of any Lot. None of Baghera
lot which has been stamped by Swiss customs.
Wines agents have authority to give any guarantees in this
Buyers from outside Switzerland should note that local
respect.
sales taxes or use taxes may become payable upon import
All statements made in catalogues, advertisements
of items following purchase. Buyers should obtain their
or brochures concerning Baghera Wines sales only
own advice in this regard.
express opinions and are no guarantee from Baghera Wines or the Seller. All persons concerned are expected
9. EXCHANGE RATES
to inquire before the auction, about the description
In some auctions, in order to ensure proper information
and condition and of the lots and of possible defects or
for the Buyer, a currency converter is made available.
possible damage or repairs which have been, or need to
The data displayed are provided for information only and
be, carried out.
Baghera Wines assumes no responsibility in this regard.
12. BIDDERS IDENTIFICATION 10. PRE-AUCTION VIEWING
Bidders who have not previously participated in a Baghera
Prospective buyers are encouraged to inspect the
Wines as a buyer or seller must register with Baghera
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Wines prior to the auction, or on the day of the sale, at
only acts as an agent on behalf and in the name of an third
least 30 minutes before the start of the sale at the place
party, acknowledged and accepted by Baghera Wines,
of sale.
and that the said party shall be solely responsible for pay-
Prospective buyers who would bid for the first time with
ment of the Price.
Baghera Wines are asked to provide the following documents, in order to register for the auction:
14. SALE RESULTS
• Individuals: government-issued photo identification
Results for entire sale are usually available the day fol-
(such as a driving licence, national identity card, or pass-
lowing each sale on our website at bagherawines.com.
port) and, if not shown on the ID document, proof of cur-
Baghera Wines cannot accept liability for any errors
rent address, for example a utility bill/bank statement.
or omissions, howsoever caused. Sellers should await
• Corporate clients: a photocopy of the company register.
their settlement statement as confirmation of any sold
• For other business structures such as trusts, offshore
proceeds.
companies or partnerships, please contact the Sale Administrator for advice on the information you should
15. PAYMENT OPTIONS AND DEADLINES
supply.
The price is payable in Swiss francs in the seven days fol-
• A financial reference in the form of a recent bank state-
lowing the sale. On the eighth day after the sale, interest at
ment or a reference from your bank.
the rate of 1% per month will be added to the amount due.
• Persons registering to bid on behalf of someone who
Payment can also be made in foreign currencies with
has not previously bid or consigned with Baghera Wines
legal-tender status if that amount can be converted into
should bring identification documents not only for them-
Swiss francs at the value date of payment. To avoid any
selves but also for the party on whose behalf they are
delay in releasing goods, prospective buyers should sup-
bidding, together with a signed letter of authorisation
ply bank references before the auction. Please include
from that party.
your name and invoice number with your instructions to
To allow sufficient time to process the information, new
the bank. Please note that we reserve the right to decline
clients are encouraged to register at least 48 hours in
payments received from anyone other than the buyer
advance of a sale.
of record and that clearance of such payments will be required. All expensive regarding bank transfer are at the
13. BIDDER RESPONSIBILITY
buyer’s charges.
When bidding, the person assumes personal account-
Payment can be made in cash, by credit card or charge
ability to pay the price and any other applicable taxes or
card (with extra fees) or by bank transfer to Fert &Cie (in
charges, unless it has been explicitly agreed in writing
charge of cashing for Baghera Wines) account at Credit
with Baghera Wines, prior to the auction, that the bidder
Suisse.
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For details contact office@bagherawines.com
be considered payment through direct deposit.
Please note that transactions in cash or by credit card may
In case of failure of the Buyer to pay the entire price of
in no case exceed CHF 99,999.
this deposit will be automatically collected and lot will be
Baghera Wines will accept American Express, Visa and
relisted by public auction or at a private auction or sale by
MasterCard to pay for invoices - A processing fee will
private treaty at the discretion of Baghera Wines.
apply. sible for payment to Baghera Wines. We will not accept
18. C OLLECTION, SHIPPING, IMPORTATION AND STORAGE
payments for purchased lots from any party other than
Please refer to the document ‘Collection, Shipment
the buyer, unless otherwise agreed between the buyer
& Storage’ available on Baghera Wines website.
and Baghera Wines prior to the sale.
Buyers are reminded that Baghera wines accepts liability
Goods can only be collected when payment has been
for loss or damage to lots for a maximum period of thirty
cleared.
(30) days after the date of the auction.
16. NON-PAYMENT
19. RIGHT OF RETENTION AND DELIVERY
In case of non payment by the Buyer within seven days of
In order to avoid any errors in the auction process, to
the sale, Baghera Wines shall try their best to carry out the
ensure the payment of invoices and to proceed to – where
Seller’s instructions as to the next steps and help them,
necessary and in accordance with legal and regulatory
when possible, to reach the price or if not, cancel the sale.
requirements – the required checks on the Buyer as well
All damages are expressly reserved.
as the identity of the beneficial owner, no lot may be
Notwithstanding the above, Baghera Wines expressly
removed during the sale.
reserves the right at its discretion and expense of the
Baghera Wines is authorized to retain the lots until all
Seller to accept special conditions of payment of the price,
amounts due to Baghera Wines have been paid in full or
to take adequate measures for storage and / or lot insur-
until the Buyer has performed all other obligations that
ance, to start or pursue any legal proceedings instituted
Baghera Wines, at his discretion, considers due, including
by or against the Buyer on the terms and conditions that
anti money laundering and counter financing of terrorism
Baghera Wines considers appropriate, to take all nec-
compliance.
essary measures to recover the amounts owed by Buyer
In case a buyer does not meet the aforementioned checks
and, if possible, to return the lot to the Seller.
to the satisfaction of Baghera Wines, the company will
The successful bidder during the auction is solely respon-
be entitled to cancel the sale and take any other action
17. PARTIAL PAYMENT
required or permitted by law. Shipping will take place after
Any partial payment by the Buyer to Baghera Wines will
reception of payment.
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20. NON-COLLECTION OR NON-DELIVERY
d) Cancel the sale, take over the Lot, repay all or part of the
In case the Buyer, having fulfilled all its obligations
price to the Buyer and require the seller to reimburse
under these conditions of purchase, does not with-
the full amount.
draw or fails to take delivery of the Lot, Baghera
In all cases, the Buyer can obtain cancellation of the sale
Wines will be entitled to, upon notification to the
only if he is able to transfer the possession and ownership
Buyer, relist the lot by way of auction or private sale,
of the lot to the Seller and / or to Baghera Wines and pro-
in its sole discretion, and charge the Buyer the entire
vided that the lot has suffered absolutely no modification
storage costs, insurance and all other costs that may
or alteration since the time of the auction.
occur. Baghera Wines will have a right of retention on the
23. LIABILITY
lots until payment of all of these costs.
Any participant in the sale, in whatever capacity, namely
21. FALSE INFORMATION
as bidder, visitor or third party is responsible for any dam-
If the information or documents provided by the Buyer on
age, particularly to the lots exposed.
his identity or the identity of the beneficial owner prove to be false, incomplete, ambiguous or insufficient, Baghera
24. DATA PROTECTION
Wines may, in its sole discretion, cancel the sale. The Buyer
As required by law, or in connection with the supply of
will be responsible for all costs incurred.
auction and related services Baghera Wines may ask clients to provide personal data. Baghera Wines may take
22. I N CASE OF DOUBTS ABOUT THE AUTHENTICITY
and retain a copy of government-issued identification
In case there should be doubts about the authenticity of
personal data (i) to provide auction and related services;
a lot, after the auction, buyers should immediately inform
(ii) to enforce these Conditions of Sale; (iii) to carry out
Baghera Wines and provide all documents backing such
identity and credit checks; (iv) to implement and improve
doubts about the authenticity of the Lot.
the management and operations of our business and
Baghera Wines will determine, in its sole discretion,
(v) for other purposes set out in our Privacy Policy pub-
whether the lot is genuine or not and may, in its sole
lished on our website at bagherawines.com and availa-
discretion:
ble on request by emailing office@bagherawines.com.
a) Submit the lot to an expert or a third party in order to
Sometimes, Baghera Wines may also disclose this infor-
such as a passport or driving license. We will use your
determine the authenticity;
mation to carefully selected third parties for their own
b) N otify the Seller and collect his determinations;
marketing purposes. If you do not wish your details to be
c) Cancel the sale and return the lot to the Seller, provided
used for this purpose, please email office@bagherawines.
that the Buyer is reimbursed;
com.
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If the client provides Baghera Wines with information that
(d) Prohibition of Assignment. The Buyer may not assign
is defined by European data protection laws as “sensitive”,
any benefit and / or obligation under this agreement with
the client agrees that it may be used for the purposes set
Baghera Wines and / or the Seller without our prior writ-
out above.
ten permission.
In the course of these disclosures, personal data collected
(e) Applicable law and jurisdiction. All contractual rela-
in the European Economic Area may be disclosed to coun-
tions between the Purchaser, the Seller and Baghera
tries outside the European Economic Area. Although such
Wines are subject exclusively to Swiss domestic law, to the
countries may not have legislation that protects a client’s
exclusion of the rules on the conflict of laws (LDIP). Any
personal information, Baghera Wines shall take reasona-
dispute in connection with the contractual relationship
ble steps to keep such information secure and in accord-
shall be settled exclusively by arbitration in accordance
ance with European data protection principles. By agree-
with the Swiss Rules of International Arbitration of the
ing to these Conditions of Business, the client is agreeing
Swiss Chambers’ Arbitration Institution in force on the
to such disclosure.
date on which the Notice of Arbitration was submitted in
Baghera Wines premises may be subject to video surveil-
accordance with these Rules. The number of arbitrators
lance and recording. Telephone calls for telephone bidding
shall be one. The seat of arbitration shall be Geneva. The
purposes may also be recorded. We may process that
arbitration will be conducted in French, subject to a writ-
information in accordance with our Privacy Policy.
ten agreement for the use of another language.
25. MISCELLANEOUS (a) Taxes. If any taxes or rates are applicable to any amount paid by the Buyer, the latter is solely responsible for their payment at the rate and on the date required by the competent administration. (b) Severability provisions. If any provision of this agreement should be judged by a court to be invalid, illegal or unenforceable, this provision may be waived and the rest of the Agreement will continue to be valid and enforceable. (c) Personal information. Without your express prior refusal, we will allow keep your personal information and may use it to inform you of our upcoming sales, services and events.
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W W W. B A G H E R AW I N E S . C O M
— C O N TA C T
O F F I C E @ B A G H E R AW I N E S . C O M +41 22 91 0 46 30
CREDITS
— A r t d i r e c t i o n a n d G r a p h i c d e s i g n — O l i v i a B O U Ë T- W I L L A U M E Z , O ' c o l l e c t i f P h o t o g r a p h s — G O S S t u d i o , A l i n e F o u r n i e r, D . R . , O ’ c o l l e c t i f Illustrations — Denis DUBOIS