Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
With the personal, telephone or written participation or participation as a live bidder via the Internet in the auction as well as in the subsequent post-sale, the following conditions are accepted:
1. the Historia Auction House, with its registered office in Berlin, sells at auction as an intermediary, voluntarily in the name and for the account of anonymous clients (referred to as Consignors).
2. the objects coming up for auction are second-hand and are auctioned off under exclusion of the statutory warranty in the condition in which they are at the time of the acceptance of the bid, whereby a liability in accordance with item 18 of these General Terms and Conditions remains unaffected. The objects can and should be inspected and examined by the interested parties within the framework of the pre-auction inspection.
3. descriptions in the catalog, requested condition reports and other verbal information before or during the auction are given to the best of our knowledge and belief. Soiling, signs of use and age, restorations and additions are to be considered normal for used items. They are mentioned at the discretion of the clerk in the catalog, in written or verbal condition reports and provided without obligation if the overall impression of the object is significantly affected. They do not constitute guarantees of condition and merely reflect a subjective opinion. Conversely, missing information on the state of preservation does not constitute a guarantee or agreement on condition.
4. Signatures, monograms, dating and other designations are checked as far as it is possible for the respective art historian/describer and are indicated in the catalog descriptions. These artist's indications, datings as well as indications of processed materials are based on the opinion of Historia and indications of the consignors, which may be contradicted by experts or internationally recognized experts. It is advised to form your own opinion during the pre-auction inspection, if necessary in conjunction with an appropriate expert or appraiser. In the case of sculptures and sculpture, the artist's details and the dates refer to the intellectual authorship of the model, the designs may also have been created posthumously. Insofar as the auction house makes statements regarding provenance, these are based on corresponding statements by the consignors, whereby such statements also do not represent any agreement on condition or guarantees. 5.
For objects of fine arts, the actual work of art will be considered; frames, mounts, glazing and pedestals that are not part of the work of art will be considered as free additions. Historia assumes no liability for obvious and hidden defects as well as for progressive damage due to age, condition, use or material, in particular to furniture, carpets as well as added frames, glazing and plinths.
6. in the case of technical, mechanical and electrical equipment, Historia is liable neither for the function, completeness of the components nor for the mobility or functionality of the object. Keys for clocks and furniture are, unless explicitly mentioned in the catalog, not a guaranteed addition.
The catalog illustrations serve the purpose of giving the prospective buyer an idea of the object. They are neither part of the quality agreement nor a guarantee for the quality. The illustrations may show the object reduced, enlarged and deviating in color. Please note the size specifications in the catalog text. The size is indicated with height x width (x depth), it is always taken the largest dimension, for example, in a cabinet the protruding headboard. Separate photos, also of details (signatures, hallmarks, etc.) can be requested, whereby the notes on the catalog illustrations also apply here.
8. Historia Auktionshaus shall not be liable for image and printing errors in the catalog and/or the Internet presentation. The auction announcements made when the item to be auctioned is called are authoritative and binding, and may contain corrections of any errors in the catalog or new information on the item to be auctioned at any time. The auction announcement shall take precedence over the catalog description and internet presentation.
9. the bidder buys in his own name and on his own account, i.e. he is personally liable for his bid. Bidders have to prove their identity by presenting their identity card. Historia is entitled to exclude persons from the auction without giving reasons. There is no right to participate in an auction.
10. pre-bids or registration for telephone bidding or live bidding via the Internet must be submitted to Historia in writing and signed at least 24 hours prior to the start of the auction (to be submitted via our bid form by mail, fax or e-mail), otherwise their proper execution cannot be guaranteed. The number of the catalog text is decisive for the bidding, not the number of the object illustration or the designation of the object. The pre-bid submitted shall be deemed to be the highest bid and shall be exhausted by the auctioneer only if and to the extent necessary to outbid other bids. The bid is binding for the auction and the subsequent post auction sale. It expires 8 weeks after the date of the auction.
11. By registering as a telephone bidder, the limit is automatically bid. It is not permissible to register as a telephone bidder in order to place a lower bid. The telephone bidder will be called by Historia at the time the desired item is called. A guarantee for the establishment and maintenance of the telephone connection cannot be given (line busy, malfunction, mailbox). If the connection is not established or interrupted due to a malfunction and no other bidder is bidding for the desired item, the item will be awarded to the telephone bidder at the limit. Furthermore, Historia assumes no liability in case of (possibly caused by the use of outdated browser versions) disturbances of the Internet connection, which can lead to the fact that live bids are not transmitted or are transmitted late.
12. the auctioneer reserves the right to combine, separate, offer out of sequence or withdraw numbers of the catalog. As a rule, the call begins with the limit price indicated in the catalog. Up to 200€ the bidding will be increased by 10€, from 200€ in steps of approx. 10 %. The lot is knocked down if no higher bid is made after a bid has been called three times. The auctioneer can reserve or refuse the knockdown if there is a special reason. If several persons place the same bid and no higher bid is made after three calls, the first bid received shall be considered. The Auctioneer shall be authorized to withdraw the acceptance of the bid and to offer the item again if a timely bid has been overlooked by mistake and the bidder has immediately objected to it or if there are any other doubts about the acceptance of the bid. 13.
13. The acceptance of a bid obligates the bidder to take delivery. With the acceptance of the bid, the risk, in particular the risk of accidental loss and accidental deterioration of the auctioned item pursuant to § 446 and 447 BGB (German Civil Code) shall pass to the Buyer. If the bid is accepted with reservation, the bidder shall remain bound to his bid for 6 weeks in accordance with §158 BGB.
14. The buyer agrees to pay the hammer price plus a premium of 27 % including VAT (22,69 % + 19 % VAT = 27 %). An additional service fee for this live platform (5%) will be added. Customs duties, if any, will be paid by the buyer. For all works of art that are subject to resale rights according to paragraph 26 UrhG (see https://www.bildkunst.de/vg-bild-kunst/faq/folgerecht), we charge the buyer a pro-rata 2% of the hammer price. Bidders participating in the auction in person shall pay the final price to Historia immediately after the hammer has fallen. Later payment is only permitted with the prior agreement of the Auction House. Non-resident bidders must pay the final price no later than 10 days after invoicing. If payment is made by credit card, a 5% fee (including VAT) will be charged. The bidder is obligated to check his invoices for correctness, whereby the auctioneer reserves the right to verify the content, in particular the amounts and costs charged.
15. the delivery of the auctioned goods will be made after full payment of the final price. In the case of payment by cheque, the payment claim shall only be deemed to have been fulfilled upon unconditional bank credit. In case of payment in foreign currency, any exchange losses and cashing charges (checks) shall be borne by the buyer. Please note that alcohol, (decorative) weapons and objects with / from protected species can only be shipped within the EU.
16. the buyer is obliged to pick up the auctioned object immediately, at the latest after 10 days. At the request of the Buyer, Historia shall take over the packaging and shipment of the art object at the expense and risk of the Buyer.
17. in the event of late payment or refusal to accept an awarded item, the Buyer shall be liable to Historia for any damage caused thereby. In the event of late payment, interest on arrears shall be charged at the statutory rate, with the right to claim further damages reserved. In addition, storage fees in the amount of 2% (incl. VAT) of the hammer price per commenced month, but at least 20€ (incl. VAT) per commenced square meter, shall be incurred, which shall be reimbursed by the Buyer. Historia can alternatively demand fulfillment of the sales contract or compensation in the amount of the commission due to non-fulfillment and - independent of this - auction the item again at the expense of the Buyer. In this case the Buyer, whose rights from the previous knockdown expire, is liable for the loss. On the other hand, he shall not be entitled to any additional proceeds.
18. claims for damages against Historia for whatever legal reason are excluded. This exclusion of liability does not apply to liability for damages resulting from injury to life, body or health, which are based on at least negligent breach of duty by Historia. Furthermore and likewise, this exclusion of liability does not apply to other damages which are based on a grossly negligent or intentional breach of duty on the part of Historia.
19. Objects from the time of the Third Reich are intended only for purposes of civic education, defense against unconstitutional endeavors, art or science, research or teaching, reporting on contemporary events or history or similar purposes (§§ 86a, 86 Criminal Code). Auctioneers and consignors offer and consign these items only under these conditions.
Payment
TERMS AND CONDITIONS OF SALE
With the personal, telephone or written participation or participation as a live bidder via the Internet in the auction as well as in the subsequent post-sale, the following conditions are accepted:
1. the Historia Auction House, with its registered office in Berlin, sells at auction as an intermediary, voluntarily in the name and for the account of anonymous clients (referred to as Consignors).
2. the objects coming up for auction are second-hand and are auctioned off under exclusion of the statutory warranty in the condition in which they are at the time of the acceptance of the bid, whereby a liability in accordance with item 18 of these General Terms and Conditions remains unaffected. The objects can and should be inspected and examined by the interested parties within the framework of the pre-auction inspection.
3. descriptions in the catalog, requested condition reports and other verbal information before or during the auction are given to the best of our knowledge and belief. Soiling, signs of use and age, restorations and additions are to be considered normal for used items. They are mentioned at the discretion of the clerk in the catalog, in written or verbal condition reports and provided without obligation if the overall impression of the object is significantly affected. They do not constitute guarantees of condition and merely reflect a subjective opinion. Conversely, missing information on the state of preservation does not constitute a guarantee or agreement on condition.
4. Signatures, monograms, dating and other designations are checked as far as it is possible for the respective art historian/describer and are indicated in the catalog descriptions. These artist's indications, datings as well as indications of processed materials are based on the opinion of Historia and indications of the consignors, which may be contradicted by experts or internationally recognized experts. It is advised to form your own opinion during the pre-auction inspection, if necessary in conjunction with an appropriate expert or appraiser. In the case of sculptures and sculpture, the artist's details and the dates refer to the intellectual authorship of the model, the designs may also have been created posthumously. Insofar as the auction house makes statements regarding provenance, these are based on corresponding statements by the consignors, whereby such statements also do not represent any agreement on condition or guarantees. 5.
For objects of fine arts, the actual work of art will be considered; frames, mounts, glazing and pedestals that are not part of the work of art will be considered as free additions. Historia assumes no liability for obvious and hidden defects as well as for progressive damage due to age, condition, use or material, in particular to furniture, carpets as well as added frames, glazing and plinths.
6. in the case of technical, mechanical and electrical equipment, Historia is liable neither for the function, completeness of the components nor for the mobility or functionality of the object. Keys for clocks and furniture are, unless explicitly mentioned in the catalog, not a guaranteed addition.
The catalog illustrations serve the purpose of giving the prospective buyer an idea of the object. They are neither part of the quality agreement nor a guarantee for the quality. The illustrations may show the object reduced, enlarged and deviating in color. Please note the size specifications in the catalog text. The size is indicated with height x width (x depth), it is always taken the largest dimension, for example, in a cabinet the protruding headboard. Separate photos, also of details (signatures, hallmarks, etc.) can be requested, whereby the notes on the catalog illustrations also apply here.
8. Historia Auktionshaus shall not be liable for image and printing errors in the catalog and/or the Internet presentation. The auction announcements made when the item to be auctioned is called are authoritative and binding, and may contain corrections of any errors in the catalog or new information on the item to be auctioned at any time. The auction announcement shall take precedence over the catalog description and internet presentation.
9. the bidder buys in his own name and on his own account, i.e. he is personally liable for his bid. Bidders have to prove their identity by presenting their identity card. Historia is entitled to exclude persons from the auction without giving reasons. There is no right to participate in an auction.
10. pre-bids or registration for telephone bidding or live bidding via the Internet must be submitted to Historia in writing and signed at least 24 hours prior to the start of the auction (to be submitted via our bid form by mail, fax or e-mail), otherwise their proper execution cannot be guaranteed. The number of the catalog text is decisive for the bidding, not the number of the object illustration or the designation of the object. The pre-bid submitted shall be deemed to be the highest bid and shall be exhausted by the auctioneer only if and to the extent necessary to outbid other bids. The bid is binding for the auction and the subsequent post auction sale. It expires 8 weeks after the date of the auction.
11. By registering as a telephone bidder, the limit is automatically bid. It is not permissible to register as a telephone bidder in order to place a lower bid. The telephone bidder will be called by Historia at the time the desired item is called. A guarantee for the establishment and maintenance of the telephone connection cannot be given (line busy, malfunction, mailbox). If the connection is not established or interrupted due to a malfunction and no other bidder is bidding for the desired item, the item will be awarded to the telephone bidder at the limit. Furthermore, Historia assumes no liability in case of (possibly caused by the use of outdated browser versions) disturbances of the Internet connection, which can lead to the fact that live bids are not transmitted or are transmitted late.
12. the auctioneer reserves the right to combine, separate, offer out of sequence or withdraw numbers of the catalog. As a rule, the call begins with the limit price indicated in the catalog. Up to 200€ the bidding will be increased by 10€, from 200€ in steps of approx. 10 %. The lot is knocked down if no higher bid is made after a bid has been called three times. The auctioneer can reserve or refuse the knockdown if there is a special reason. If several persons place the same bid and no higher bid is made after three calls, the first bid received shall be considered. The Auctioneer shall be authorized to withdraw the acceptance of the bid and to offer the item again if a timely bid has been overlooked by mistake and the bidder has immediately objected to it or if there are any other doubts about the acceptance of the bid. 13.
13. The acceptance of a bid obligates the bidder to take delivery. With the acceptance of the bid, the risk, in particular the risk of accidental loss and accidental deterioration of the auctioned item pursuant to § 446 and 447 BGB (German Civil Code) shall pass to the Buyer. If the bid is accepted with reservation, the bidder shall remain bound to his bid for 6 weeks in accordance with §158 BGB.
14. The buyer agrees to pay the hammer price plus a premium of 27 % including VAT (22,69 % + 19 % VAT = 27 %). An additional service fee for this live platform (5%) will be added. Customs duties, if any, will be paid by the buyer. For all works of art that are subject to resale rights according to paragraph 26 UrhG (see https://www.bildkunst.de/vg-bild-kunst/faq/folgerecht), we charge the buyer a pro-rata 2% of the hammer price. Bidders participating in the auction in person shall pay the final price to Historia immediately after the hammer has fallen. Later payment is only permitted with the prior agreement of the Auction House. Non-resident bidders must pay the final price no later than 10 days after invoicing. If payment is made by credit card, a 5% fee (including VAT) will be charged. The bidder is obligated to check his invoices for correctness, whereby the auctioneer reserves the right to verify the content, in particular the amounts and costs charged.
15. the delivery of the auctioned goods will be made after full payment of the final price. In the case of payment by cheque, the payment claim shall only be deemed to have been fulfilled upon unconditional bank credit. In case of payment in foreign currency, any exchange losses and cashing charges (checks) shall be borne by the buyer. Please note that alcohol, (decorative) weapons and objects with / from protected species can only be shipped within the EU.
16. the buyer is obliged to pick up the auctioned object immediately, at the latest after 10 days. At the request of the Buyer, Historia shall take over the packaging and shipment of the art object at the expense and risk of the Buyer.
17. in the event of late payment or refusal to accept an awarded item, the Buyer shall be liable to Historia for any damage caused thereby. In the event of late payment, interest on arrears shall be charged at the statutory rate, with the right to claim further damages reserved. In addition, storage fees in the amount of 2% (incl. VAT) of the hammer price per commenced month, but at least 20€ (incl. VAT) per commenced square meter, shall be incurred, which shall be reimbursed by the Buyer. Historia can alternatively demand fulfillment of the sales contract or compensation in the amount of the commission due to non-fulfillment and - independent of this - auction the item again at the expense of the Buyer. In this case the Buyer, whose rights from the previous knockdown expire, is liable for the loss. On the other hand, he shall not be entitled to any additional proceeds.
18. claims for damages against Historia for whatever legal reason are excluded. This exclusion of liability does not apply to liability for damages resulting from injury to life, body or health, which are based on at least negligent breach of duty by Historia. Furthermore and likewise, this exclusion of liability does not apply to other damages which are based on a grossly negligent or intentional breach of duty on the part of Historia.
19. Objects from the time of the Third Reich are intended only for purposes of civic education, defense against unconstitutional endeavors, art or science, research or teaching, reporting on contemporary events or history or similar purposes (§§ 86a, 86 Criminal Code). Auctioneers and consignors offer and consign these items only under these conditions.
