VERSTEIGERUNGSBEDINGUNGEN
Auction Terms and Conditions
The auction terms and conditions of the "Kunst- und Auktionshaus Quedlinburg" (hereinafter referred to as the "Auctioneer") apply to all auctions and related legal transactions.
By participating in the auction, the following auction terms and conditions of the Auctioneer are acknowledged.
Important information for consumers!
In our publicly accessible auctions, consumers do not have a right of withdrawal even in the case of a pure distance selling contract; § 312g para. 2 no. 10 BGB. Furthermore, the supplementary regulations on consumer goods purchases do not apply. This particularly affects the warranty for defects and the dispatch purchase as well as other special regulations (see §§ 474 ff. BGB).
1. Conducting the Auction
1.1 Auctions are conducted in the name of and for the account of third parties (mediation).
1.2 As a rule, the auction is conducted in the order listed in the catalog. The Auctioneer reserves the right to change the order, combine or separate catalog numbers, or withdraw individual auction items.
1.3 The Auctioneer determines the amount of the initial bid and the increment rate at his discretion.
1.4 Bids can be submitted at any time until the hammer falls. Written bids must be received by the Auctioneer no later than the day before the auction and must include the item with its catalog number and the bid price (hammer price excluding the buyer's premium). Ambiguities or inaccuracies are at the bidder's expense. In case of doubt, the catalog number is decisive. The Auctioneer is not obliged to inform the written bidder of the non-consideration of their bid. Written bids are treated as if the bidders were present. They will only be used by the Auctioneer to outbid other bids as required.
1.5 Telephone bidders automatically commit to bidding at least €100.00 (or the potentially higher limit). This also applies if they cannot be reached by phone during the auction.
1.6 The Auctioneer assumes no liability for the establishment or maintenance of telecommunication or internet connections, nor for the proper transmission and (timely) receipt of bids to the auctioneer.
1.7 The Auctioneer may exclude persons from the auction and reject bids. This particularly applies if a bidder is unknown to the Auctioneer or has no prior business relationship with him and does not provide security in the requested amount by the end of the auction. Even in the case of providing security, there is no claim to the acceptance of a bid. If a bid is rejected, the immediately preceding bid remains binding.
2. Awarding the Bid
2.1 The bid is awarded to the highest bidder after the bid has been called three times if no higher bid is made.
2.2 The Auctioneer may award the bid under reservation (conditional award). This particularly applies if the minimum bid price specified by the consignor is not reached. In this case, the bid expires four weeks after the day of the auction unless the Auctioneer has notified the bidder of the unconditional acceptance of the bid within this period.
2.3 If multiple bidders place equally high bids, the Auctioneer may, at his discretion, award the bid to one bidder or decide by drawing lots.
2.4 If the Auctioneer has overlooked a higher bid or if there are doubts about the awarding of the bid, he may revoke the award and offer the item again. In this case, the previous award becomes invalid.
2.5 If a timely submitted bid or a telephone order is overlooked by mistake, the Auctioneer is entitled to withdraw the award and offer the item again.
3. Purchase Price
3.1 The purchase price consists of the hammer price, a buyer's premium of 21% (plus the statutory VAT currently at 19%), and any incidental costs, such as for storage and shipping. Since VAT is only levied on the commission and thus a service, a VAT refund for private buyers upon export abroad is not possible.
3.2 When using third-party platforms (e.g., lot-tissimo, invaluable, live auctioneers, etc.) to submit bids, the applicable fee (plus VAT) of the provider will be additionally charged and itemized on the invoice.
3.3 For live bidding on versteigerungshaus.de, we charge a fee of three percent (plus VAT) on the hammer price.
4. Payment of the Purchase Price, Default in Payment, Damages
4.1 The award of the bid obliges the bidder to pay the purchase price and to accept the item. The purchase price is due in full no later than 14 days after the award or, in the case of a written bid, after the invoice date. Invoices issued on the day of the auction are subject to the Auctioneer's review and may be corrected. Payments must be made in cash, by card payment, or by bank transfer in EURO to the Auctioneer. Payments are considered made only after irrevocable credit. Late and non-cash payments are only allowed with the Auctioneer's consent. All costs, taxes, fees, etc., for non-cash payments are borne by the buyer.
4.2 If the buyer is in default with the payment of the purchase price, the Auctioneer may, without prejudice to further rights, demand default interest at a rate of 5% above the base rate. If the Auctioneer demands damages for non-performance and the item is auctioned again after a deadline set by the Auctioneer with a threat of rejection has expired without result, the buyer, whose rights from the previous award expire, is liable for storage costs and both the Auctioneer's lost commission from the previous auction and any shortfall. The buyer is not allowed to place another bid in this case.
5. Acceptance, Damages
5.1 The award of the bid obliges the bidder to pay the purchase price and accept the item. Upon awarding the bid, all risks, particularly the risk of accidental loss and accidental deterioration of the auction item, pass to the buyer.
5.2 The buyer must pick up the auction item immediately or no later than 14 days after the invoice date from the Auctioneer or arrange for shipping. If the buyer is in default with this obligation, the Auctioneer may charge storage costs of €3.00 (incl. VAT) per auction item per day from the time of default. If the item is not picked up despite a deadline set by the Auctioneer, he may withdraw from the contract and demand damages for non-performance. To mitigate damages, the Auctioneer is entitled to auction the item again or sell it otherwise.
5.3 The Auctioneer is not obliged to hand over the auction item before full and effective payment of the purchase price as per 3.1. Ownership is reserved until full payment.
6. Warranty
6.1 The purchase law relationship exists with the consignor. The auction items are subject to the obligation of prior inspection before the auction. They are used and are sold without warranty. The actual condition at the time of the award is the agreed condition within the meaning of § 434 BGB.
6.2 To assert a defect (e.g., complaints regarding authenticity), a certificate from a recognized expert proving the defect at the buyer's expense is necessary. Such a justified complaint must be made within 30 days after the auction or purchase. In the event of successful claims against the consignor, the Auctioneer will reimburse the buyer solely the hammer price upon return of the item. The buyer remains obligated to pay the buyer's premium as a service fee. The Auctioneer excludes any warranty beyond the specified period of 30 days. This also applies to further warranties of any kind.
6.3 The catalog descriptions are made to the best of the Auctioneer's knowledge and belief. No special quality or durability guarantee within the meaning of § 443 BGB is assumed. The same applies to oral or written information of any kind and the designation of items during the auction. Dirt, signs of use and age, restorations, and additions are to be regarded as normal for used items. They are mentioned at the discretion of the person in charge in the catalog, written or oral condition reports and are provided non-bindingly if the overall impression of the object is significantly impaired. They do not constitute guarantees of quality and only provide a subjective opinion. Impairments of the condition are not always specified, so the absence of information also does not constitute quality guarantees.
6.4 Signatures, monograms, dates, and other designations are checked and stated in the catalog descriptions as far as possible by the respective art historian/describer. These artist designations, dates, and material indications are based on the Auctioneer's and consignors' opinions, which can be contradicted by experts or internationally recognized experts. For sculptures and plastic works, the artist's indications and dates refer to the intellectual authorship of the model; the executions may also have been created posthumously. If the auction house provides provenance information, this is based on corresponding statements by the consignors, and such information does not constitute an agreement on quality or guarantees. It is the responsibility of the buyer to conduct a prior inspection before the auction, possibly in conjunction with an appropriate expert or appraiser.
6.5 For objects of fine art, the actual artwork is considered, frames, passe-partouts, glass, and bases, which are not part of the artwork, are considered free additions. The Auctioneer assumes no liability for open and hidden defects, as well as for age, condition, use, or material-related progressive damages, particularly of furniture, carpets, and attached frames, glass, and bases.
6.6 For technical, mechanical, and electrical devices, the Auctioneer assumes no liability for function or completeness of parts, nor for the operability or functionality of the item. Keys for clocks and furniture are not guaranteed unless explicitly mentioned in the catalog.
6.7 The catalog images are intended to give the interested party an idea of the item. They are neither part of the agreement on the condition nor a guarantee of the condition. The images may depict the item reduced, enlarged, and in different colors. Please pay attention to the size information in the catalog text. The size is given as height x width (x depth), always taking the largest measurement, for example, the overhanging top edge of a cabinet. On request, separate photos, including details (signatures, marks, etc.), can be provided, subject to the same conditions as the catalog images.
6.8 The Auctioneer assumes no liability for image and printing errors in the catalog and/or the internet presentation. The auction announcements during the auction take precedence over the catalog description and the internet presentation, which may contain corrections of any errors in the catalog or new information about the auction item.
6.9 We do not guarantee the correctness of English translations. The German object descriptions are binding.
7. Damages by the Auctioneer
7.1 The liability of the Auctioneer is excluded unless his representatives or vicarious agents are guilty of intent or gross negligence. This limitation of liability does not apply to damages resulting from injury to life, body, or health, which are based on a negligent breach of duty or an intentional or negligent breach of duty by a representative or vicarious agent, as well as in the event of a breach of cardinal obligations (obligations the breach of which may endanger the achievement of the contract's purpose) and damages resulting from delay.
8. Miscellaneous Agreements
8.1 The legal relationships between the Auctioneer and the buyer are governed by the laws of the Federal Republic of Germany. The application of the law on the international sale of movable goods and the uniform law on the conclusion of international sales contracts for movable goods is excluded.
8.2 In business transactions with merchants who are not among the traders specified in § 4 HGB, with legal entities, with special funds under public law, and with persons who have their seat abroad, it is agreed that Quedlinburg is the place of performance and jurisdiction. In the case of payment in foreign currency, any exchange rate loss and redemption fees are borne by the buyer.
8.3 The post-auction sale is part of the auction, in which the interested party submits a bid in writing or verbally with a specific amount. The corresponding auction conditions apply.
8.4 The provisions on distance selling contracts pursuant to §§ 355 BGB do not apply, as § 312g (2) BGB takes precedence.
8.5 Items from the period of the Third Reich are only to be handed over or acquired for the purposes of civic education, defense against unconstitutional endeavors, art, science, research, or teaching, reporting on events of contemporary history or history, or similar purposes (§§ 86 a, 86 StGB). Titles and designations were adopted in the catalog description as used in the language of the time. This does not imply any valuation. By not expressing themselves to the contrary, catalog holders, auction participants, and bidders assure that they are viewing or acquiring the catalog and the items depicted therein from the period of National Socialism only for the above-mentioned purposes. The Auctioneer offers these items and the corresponding catalog only under these conditions. By placing a bid, this is explicitly acknowledged.
8.6 Buyers and sellers can obtain the address of the contracting party from the Auctioneer after the auction has concluded.
8.7 Should one or more of the preceding provisions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by those valid ones that come closest to the economic sense and purpose of the invalid ones. The same applies to regulatory gaps.
As of April 2024
