Conditions of sale
General Terms and Conditions for Bidders, Remote Bidders and Buyers.
By placing a bid orally or by telex or by giving a written order to do so, as well as by placing a live bid via an auction platform, the buyer accepts the following terms and conditions of auction and sale as solely binding vis-à-vis the auctioneer and the seller. They apply accordingly to the open sale, whereby the time of the fall of the hammer then corresponds to the time of the conclusion of the contract.
(1) The auction of all items shall take place publicly and voluntarily in the name and for the account of the Vendor, who shall remain unnamed in the auction. The auctioneer is entitled to refuse information about the person of the seller even after the auction, if and insofar as he simultaneously assumes directly enforceable liability for any liabilities of the seller.
2. used objects are auctioned off according to §34 b) Abs. 6 Nr. 5 b) Gewerbeordnung. The Auction House shall not assume any liability for obvious or hidden defects of any kind. The knockdown/sale takes place under exclusion of warranty. However, the buyer is given the opportunity to thoroughly and comprehensively inspect all items during the preliminary inspection. Expert reports can be viewed at any time without any liability for their correctness. In addition, the prospective buyers have the right to have expert opinions on the auctioned items obtained at their own expense, provided that this does not jeopardize the auction date. The bidder, therefore, acquires the items as seen and to the exclusion of any warranty claims against the auctioneer and the seller. Complaints after the acceptance of the bid, of whatever kind, but especially for condition and attribution, can therefore no longer be considered. Written as well as verbal statements of the auctioneer regarding the auctioned goods, in particular in the respective auction catalogue, are merely descriptions of the auctioned goods, which are made to the best of the auctioneer's knowledge and belief, but do not constitute warranted characteristics in the sense of § 459 ff BGB (German Civil Code). Illustrations in the catalogue serve as additional information - errors excepted. The liability of the auctioneer is limited to cases of gross negligence and intent. For remote bidders who participated in the auction by telephone or as online bidders, § 312d, paragraph 4 BGB applies. There is no right of revocation and return according to § 312 d BGB.
a) As long as catalogue owners, auction participants and bidders do not state otherwise, they assure that they acquire the catalogue and the items depicted therein from the time of the Third Reich only for purposes of civic education, defence against unconstitutional endeavours, art or science, research or teaching, reporting on events of the time or history or similar purposes (§§ 86a, 86 Criminal Code). The auctioneer and the consignor shall offer and consign these items only under these conditions. 3.
Auction visitors will receive a bidder number upon providing their name and personal data. New customers are requested to identify themselves with their identity card when the bidder card is issued. In the case of new customers, the auction house reserves the right to request the deposit of a credit card number or a cash security deposit in addition to the presentation of the identity card. Online bidders must provide security (credit card) upon request.
3.1 Per the German Money Laundering Act (GwG), the auctioneer is obliged to identify the purchaser or the person interested in purchase and, if applicable, a representative acting on their behalf and the "beneficial owner" within the meaning of § 3 GwG to execute the order and to record and keep the details collected and information obtained. The aforementioned acquirer or person interested in acquisition or his representative shall be obliged to cooperate in this respect, in particular, to present the required identification documents, in particular based on a passport, identity card or passport or identity card substitute recognized or approved in Germany or by the provisions of the law relating to foreign nationals. The auctioneer shall be entitled to make a copy thereof in compliance with the provisions of data protection law. In the case of legal entities or partnerships, an excerpt from the commercial or cooperative register or a comparable official register or directory shall be requested. The acquirer, or persons interested in the acquisition, affirm that the identification documents and information provided by them for this purpose are correct and that they, or the person they represent, are the "beneficial owner" under Section 3 of the German Money Laundering Act (GwG). 4.
4. bids shall be made at intervals of approximately 10% and the amount shall be determined in detail by the auctioneer. Bids shall be submitted in euros. The item will be knocked down after the highest bid has been repeated three times. The auctioneer may call individual lots only collectively or not at all, reject bids, refuse acceptance of the bid or award the bid only conditionally, without stating reasons. In the event of double bids, the auctioneer shall decide. An award already made may be withdrawn in the course of the auction if there is doubt as to whether a bid made in time was overlooked. A knockdown under reserve binds the bidder to his bid for three weeks without excluding other sales of the lot. If the bid is not accepted without reservation during this period, the bid shall lapse. 5.
5. bidding by telephone is possible from a limit price of Euro 50,-. In the case of lower amounts, customers have the option of depositing a written bid in advance. The auction house does not assume any liability for the establishment of a telephone connection. A registration for telephone bidding automatically means the submission of a limit bid - even if the bidder is not available at the time of the call. Written bids or registrations for telephone bidding must be received by 6 p.m. on the day before the auction at the latest. 6.
6) The acceptance of the bid obligates the buyer to immediately accept the auctioned object and to pay the purchase price. An interim payment may be required for ongoing auctions. In the case of remote bidders, payment and acceptance of the auctioned item within 10 days of the auction shall still be considered timely. With the fall of the hammer/the conclusion of the sales contract, the risk of total loss or damage to the item is transferred to the buyer. Liability of the auction house remains only in cases of gross negligence or intent.
The buyer has to pay the auction house the hammer price and a 22% buyer's premium plus statutory value-added tax (19%) on this, i.e. a total of 26.18%. In the case of online bids, a live fee, which is displayed on the respective auction platform before bidding, must also be paid (usually 2-5% of the hammer price plus VAT). In case of doubt, the auction protocol is decisive for the amount of the hammer price. Payment can be made in cash or by bank transfer.
7.1 Resale Right
For original works of fine art and photography by living artists or artists who died less than 70 years ago, which are subject to resale rights, an additional resale right fee shall be charged in the amount of the percentages specified in § 26 (2) UrhG to compensate the auctioneer for the resale right fee due and payable under § 26 UrhG, currently as follows:
4 per cent for the portion of the proceeds of sale from 400.00 Euro up to 50,000 Euro, a further 3 per cent for the portion of the proceeds of sale from 50,000.01 to 200,000 Euro, a further 1 per cent for the portion of the proceeds of sale from 200,000.01 to 350,000 Euro, a further 0.5 per cent for the portion of the proceeds of sale from 350,000.01 to 500,000 Euro and a further 0.25 per cent for the portion of the proceeds of sale exceeding 500,000 Euro.
The total amount of the resale right remuneration from a resale shall not exceed 12,500 euros.5.6 Export deliveries to EU countries are exempt from VAT upon presentation of the VAT number. Export deliveries to third countries (outside the EU) are exempt from VAT; if the auctioned items are exported by the buyer, the buyer will be refunded the VAT as soon as the auctioneer receives the proof of export.
(8) Ownership of the purchased items shall not pass to the Buyer until full payment of the amount specified in item 7 has been made. Only after that, the buyer can demand the handing over of the purchased items. If, by way of exception, the purchased item is handed over before full payment of the purchase price, this shall be done with the express reservation of the Vendor's title, including extended reservation of title, i.e. the advance assignment to the Vendor of all claims of the Purchaser acquired in the event of resale, destruction or damage of the purchased item, which assignment shall be conditional upon full payment of the purchase price.
9. present bidders buy in principle in their name and on their account. If the auctioneer agrees that a concluded purchase contract is extended to a third party named by the bidder, the bidder's joint liability shall notwithstanding remain in effect until the complete fulfilment of this contract.
If the auctioned items are not collected within 10 days after the knockdown or if the due payment is not made in time and in full despite a reminder, the auctioneer may in his name either demand fulfilment of the purchase contract or damages for non-fulfilment. In the first case, he may store the purchased items with a forwarding agent or have them sent at the buyer's expense. If he claims damages for non-performance, he may auction the items again at the Buyer's expense by the applicable auction terms and conditions and, if the auction is not successful, subsequently sell them free of charge. In this case, the Buyer shall also be liable for any minimum proceeds including auction costs. On the other hand, there is no claim to the payment of any additional proceeds. In any case, the auctioneer shall be entitled to a lien on the purchased items until the costs resulting from these measures have been paid. The auctioneer's right of choice shall not expire until all claims have been satisfied. A storage fee of Euro 5.00 per calendar day will be charged for failure to collect furniture and larger items in due time. A shipment to the buyer (by mail or freight forwarding) will only be made at the express request of the buyer at his risk and expense. The auction house is not obligated to store or ship the objects, there is no insurance. In case of transport by a forwarding agent, the transport invoice will be paid by the buyer directly to the forwarding agent.
11. in case of default the buyer has to pay interest on the outstanding purchase sum at a rate of 4% above the current discount rate, but at least 8%, subject to the assertion of a claim for damages exceeding this rate.
12. place of the performance is Hamburg. About fully qualified merchants as well as persons under public law and special funds, Hamburg shall also be the place of jurisdiction. The same applies to buyers who live abroad, have moved their residence there or whose residence is unknown. The legal relations between the parties involved shall be governed exclusively by German law.
Status 29 June 2023
