Terms and Conditions
NOTE: The German version of our terms is binding. The following text is an online translation.
1.
Auctions are held in the auctioneer's own name for the account of third parties. The auctioneer acts on a commission basis. The auctioneer is to be paid for the auctioned item, plus a premium of 20% as well as the reduced VAT of 7% (standard taxation) on the hammer price and premium for books as well as originals and printed individual pictures, 19% for photography. All catalog numbers can also be subject to differential taxation; in this case, the buyer's premium amounts to a total of 27% including VAT, which is not shown separately. Buyers from outside the EC countries will be refunded the VAT in the case of standard taxation if the German customs export certificate is provided within four weeks of the auction. Buyers from European Union countries are only exempt from VAT if they provide their ID number when placing the order (our ID no. DE 130565285). For knockdowns to Internet bidders (live bidding), the respective intermediary (platform) charges a fee, which is collected from the buyer together with the auctioneer's total invoice.
2.
The risk of accidental loss or accidental deterioration shall pass to the buyer upon acceptance of the bid. He is obliged to collect his purchase from the auction venue within seven days. Shipment shall only be made at the buyer's request and at the buyer's expense and risk, usually with DHL, if no other instructions have been given by the buyer. In the case of fragile or bulky goods, collection is recommended; alternatively, packaging and shipping will be carried out by a forwarding agent commissioned by the purchaser. Ownership and entitlement to delivery of the auctioned goods after full payment and after crediting of submitted checks. Delivery of auctioned items during or directly after the auction only against cash payment. If payment is delayed, the successful bidder shall be liable for any resulting damages. Default interest of 1.5% per month shall become due. In this case, the successful bidder may also lose the rights to the purchased item, which may be put up for auction again, whereby the defaulting buyer shall be liable for any loss without being entitled to any additional proceeds. Commission agents are liable for the purchases of their clients. An item is knocked down after the highest accepted bid has been called out three times. If there are several bids of the same amount, the knockdown shall be decided by lot. In the event of differences of opinion, the item may be called out again. The knockdown obliges the bidder to accept the item. It may also be awarded on the basis of a written or telephone bid. In any case, the auctioneer reserves the right to make the execution of orders dependent on a security deposit. Telephone bidders cannot be guaranteed a connection. No liability is accepted for the receipt of e-mails. In the case of bids without prior inspection of the item, the right of withdrawal and return are not applicable. The prices quoted are non-binding estimates.
3.
All items to be auctioned may be inspected and examined prior to the auction by appointment; they are used without exception. Complaints regarding their state of preservation shall only be mentioned in the catalog and in condition reports if, in the opinion of the Auctioneer, the overall visual impression is impaired. The actual state of preservation of the objects at the time of their knockdown is the agreed condition (§ 434 BGB, para. 1, sentence 1). Color reproductions in the catalog do not have to reproduce the objects true to color. The information provided in the catalog to the best of our knowledge and belief (including information on local geographical origin) is for information and classification purposes only. They are not contractually agreed characteristics and contain no guarantees in the legal sense. This also applies if objects are highlighted in the catalog (e.g. pictorially) or presented outside the catalog for advertising purposes. However, all catalog information on authorship on the basis of a signature is a quality agreed with the buyer; the auctioneer does not assume a special guarantee from which further rights (§§ 443, 477 BGB) arise in this area either. Nor does the agreement on authorship establish a stricter liability than provided for by law (§ 276 BGB, para. 1). Information on the authorship of anonymous historical objects, in particular drawings, is based on a comparison of works with the aid of specialist literature and should only be understood as a basis for discussion. If the buyer proves to the auctioneer before the expiry of the limitation period, which - except in cases of intentional infringement - is one year and begins on the day of handover, that catalog information on authorship based on signature/monogram is incorrect, the auctioneer shall pay him the (entire) purchase price on request in accordance with §§ 346 ff. BGB. Alternatively, a reduction of the purchase price may be discussed. Claims for damages by the buyer due to material defects and for other legal reasons (including reimbursement of futile expenses) are excluded unless the auctioneer has acted with intent or gross negligence or has breached material contractual obligations. Liability for injury to life, limb and health remains unaffected. Liability for unforeseeable or remote damage is excluded in all cases.
4.
The Auctioneer reserves the right to separate, combine or, if the occasion arises, withdraw lots.
5.
Should one or more provisions of these auction conditions be or become invalid, this shall not affect the validity of the remaining provisions.
Dietrich Schneider-Henn, Auctioneer
Shipping Terms
The risk of accidental loss or accidental deterioration shall pass to the buyer upon acceptance of the bid. He is obliged to collect his purchase from the auction venue within seven days. Shipment shall only be made at the buyer's request and at the buyer's expense and risk, usually with DHL, if no other instructions have been given by the buyer. In the case of fragile or bulky goods, collection is recommended; alternatively, packaging and shipping will be carried out by a forwarding agent commissioned by the purchaser. Ownership and entitlement to delivery of the auctioned goods after full payment and after crediting of submitted checks. Delivery of auctioned items during or directly after the auction only against cash payment.