General Terms and Conditions
of KARL & FABER Kunstauktionen GmbH,
Amiraplatz 3, 80333 Munich, Germany
for the Online Portal
(Online Shop and Online Only Auctions)
§ 1 GENERAL
1. These Conditions of Sale apply to the use of the Internet portal operated by
KARL & FABER Kunstauktionen GmbH, Amiraplatz 3, 80333 Munich (hereinafter
referred to as KARL & FABER) or the internet portal operated by a service
provider commissioned by KARL & FABER (hereinafter referred to as the
Online Portal), as well as the contracts concluded via this Online Portal.
2. The Internet portal is operated by KARL & FABER or by a service provider
commissioned by KARL & FABER and can be accessed at karlundfaber.de.
3. KARL & FABER operates an online shop on this Online Portal. In this online
shop, KARL & FABER offers works of art for sale as a commission agent in its
own name for the account of the unnamed sellers; works of art owned by
KARL & FABER (own goods) are specially marked with "*". These so-called
online only auctions are pure sales and do not constitute public auctions pursuant
to § 312 g (2) No. 10 of the German Civil Code (BGB), nor classical auctions
pursuant to § 34 b of the German Industrial Code (Gewerbeordnung), §
156 BGB. For these classical auctions, which are traditionally also carried out
by KARL & FABER, other/our own auction conditions shall apply.
§ 2 CUSTOMER ACCOUNT
1. The costumer requires an account at Invaluable and shall hold auctions
via the
online platform, regardless of whether it has a customer account at
KARL & FABER. Access to the Online Shop and participation in the online only
auctions requires the registration of a customer account. When entering the personal
data required for registration, the customer is responsible for the complete
and truthful provision of this information. The transmission of the entered data
takes place by clicking the "Register" button. The registration and activation of
the customer account will be confirmed to you by email.
2. There is no legal claim to the activation of a customer account; KARL & FABER
is free to accept or reject an activation.
3. Each customer may maintain only one customer account at a time.
4. The customer can delete his customer account at any time.
5. Access to the customer account is granted by entering a user name and the
personal password chosen by the customer. This access data is confidential;
the customer may not make the access data accessible to unauthorised third
parties. Should the customer have the suspicion or indication that an unauthorised
third party might have gained knowledge of the current access data,
the customer must immediately inform KARL & FABER of this in writing.
§ 3 CONCLUSION OF CONTRACT
1. The presentation of a work of art on the Online Portal does not constitute a
binding offer to conclude a sales contract.
2. KARL & FABER sets a starting price for each work of art presented in an
online only auction as well as a deadline within which purchase offers for this
work of art can be submitted (hereinafter referred to as the Offer Period).
3. The submission of a purchase offer by the customer takes place by transmitting
a purchase price offer via the corresponding function on the Online Portal.
A submitted purchase offer is binding for the customer.
4. A purchase offer made by the customer will be confirmed immediately by
email. Such an email does not constitute a binding acceptance of the offer.
5. After expiry of the Offer Period or in the event of premature termination of this
period by KARL & FABER, KARL & FABER shall accept the purchase offer of
the customer from whom the highest purchase price offer was received within
the Offer Period. This results in a purchase agreement being created between
the highest bidder and KARL & FABER for the work of art in question; the
other purchase offers of other customers for this object shall expire.
§ 4 FEATURES: MAXIMUM PRICE AND FIXED PRICE
1. Within the scope of the online only auction, the customer can immediately
state the purchase price he is prepared to pay for the respective work of art
(hereinafter referred to as the Maximum Price) when submitting a purchase
price offer. If two customers specify an identical Maximum Price, only the earlier
quotation shall be considered; the customer who submitted the later quotation
will be informed of this by email.
2. The Maximum Price is not displayed to other customers; only the current
highest bid is always visible.
3. As long as the customer's Maximum Price is higher than the current highest bid
of other customers for the respective work of art, the customer's purchase price
offer shall be increased automatically as far as it is necessary for the customer to
remain the highest bidder with the Maximum Price bid when submitting further
purchase price bids. The automatic increase of the purchase price offer shall take
place in the bidding steps specified in the bidding table and shall amount to a
maximum of 10 % of the last purchase price offer per bidding step.
4. KARL & FABER can offer presented artworks for immediate purchase at a fixed
price. In this case, the customer can submit a purchase offer at this fixed price
with the consequence that the acceptance of this offer by KARL & FABER
already before the end of the Offer Period shall result in a purchase contract for
the work of art. In this case, the Offer Period shall end prematurely.
§ 5 RIGHT OF CANCELLATION FOR CONSUMERS
1. If you are a consumer, you are entitled to a right of cancellation in accordance
with the statutory provisions. A consumer is a natural person who submits the
purchase offer for a purpose that cannot be attributed to either commercial or
self-employed professional activity.
2. At the end of these Conditions of Sale, there is a link to the legal instructions
on cancellation and to the cancellation form.
3. If you as a consumer make use of your right of cancellation, you shall bear the
costs of the return.
§ 6 PRICES AND SHIPPING COSTS, DROIT DE SUITE, OBLIGATIONS OF THE
BUYER TO COOPERATE IN ADHERENCE TO THE MONEY LAUNDERING
REGULATIONS
1. All price quotations and purchase price offers within the scope of the online
only auctions are to be understood as exclusive of any shipping costs incurred,
as well as a surcharge and the statutory value added tax. The amount
of the premium and the type of taxation are regulated in Number 3 below. In
addition for works of art by living artists or artists who died no more than
seventy years ago a fee of 1.5 % of the sum of the hammer price and the net
premium, plus statutory turnover tax thereon, shall be charged to compensate
for droit de suite pursuant to Copyright Act § 26.
2. The estimated shipping costs are listed in the Online Portal under prices.
3. When purchasing within the framework of an online only auction, the buyer must pay
a premium in addition to the purchase price; the following differentiation is made:
a) For regularly-taxed works of art (marked with "R"), the buyer shall be charged
per individual object a premium of: 27 % on a purchase price up to and including
€ 100,000, 21 % on a purchase price over € 100,000 up to and including
€ 500,000 for the amount in excess, 16 % on a purchase price over € 500,000
for the amount in excess. Statutory turnover tax at a rate (at present) of 19 % shall
be added to the hammer price, the premium and any further costs which may be
charged, and shall be separatly shown on the invoice.
b) When applying § 25 a Value Added Tax Act (differential taxation), the premium
as well as any further costs are subject to the value added tax not
shown separately. The premium, taking into account the scale stipulated in
the provisions of § 3 Item 2 a), shall then amount to 32 %, 27 % und 22 %. An
"N" behind the catalogue number indicates differential taxation on works of art
which originate from a country outside of the EU. For such objects, the advanced
import tax will be charged at a rate of 7 % of the hammer price in addition
to the premium.
4. KARL&FABER has the right, in accordance with legal obligations, to ask
the purchaser to present a valid identity card, passport, similar identity
document and, if necessary, further information to establish the identity of
the beneficial owner, to make copies of these for its records and to keep
them for 30 years. Beneficial owners within the meaning of the German
Anti-Money Laundering Act (AMLA) are natural persons under whose
control or influence the company is. This includes, among others, all per-
KARL & FABER Kunstauktionen GmbH
Amiraplatz 3 · 80333 Mu?nchen
T +49 89 22 18 65 · F +49 89 228 33 50
[email protected] · karlundfaber.de
sons who directly or indirectly hold more than 25 % of the capital or voting
rights in a company or exercise control in a comparable manner. If the
bidder is a so-called politically exposed person they must disclose this.
Politically exposed persons within the meaning of the AMLA are persons
who hold a high-ranking public office at international, European or national
level or have held such office in the last 12 months, as well as their close
relatives. The bidder undertakes to cooperate in the fulfillment of this legal
obligation.
§ 7 TERMS OF DELIVERY AND PAYMENT
1. The object of purchase shall only be delivered to the customer by KARL & FABER
after receipt of the complete purchase price including shipping costs. The delivery
period shall be five working days. The delivery period shall begin upon conclusion
of the contract and the complete payment of the purchase price. Alternatively,
the customer may collect the object of purchase from the business
premises of KARL & FABER after full payment of the purchase price and prior
agreement of a collection date. KARL & FABER may refuse a collection if it is to
take place later than 14 days after receipt of full payment of the purchase price.
2. If the customer is a consumer, KARL & FABER shall bear the transport risk; if
the customer is an entrepreneur or merchant, the customer shall bear the
transport risk.
3. The purchase price and the shipping costs are to be paid within two weeks of
receipt of the invoice by KARL & FABER at the latest.
4. The customer is not entitled to offset against purchase price claims of
KARL & FABER or to assert rights of retention unless counterclaims of the
customer have been legally established or are undisputed or concern notices of
defects or counterclaims from the same purchase contract. If the customer is an
entrepreneur or merchant, he waives his rights under § 273 and § 320 BGB.
§ 8 RETENTION OF TITLE AND DEFAULT OF PAYMENT, RIGHT OF WITHDRAWAL
IN THE EVENT OF SUSPECTED MONEY LAUNDERING
1. The ownership to the object of purchase shall only pass on to the buyer after
the complete payment of all amounts owed to KARL & FABER. In the event
that the customer has already sold the object of purchase before he has fulfilled
all claims against KARL & FABER, he hereby assigns to KARL & FABER
all claims arising for the customer from the resale; the customer from the resale
hereby accepts the assignment.
2. This retention of title pursuant to No. 1 shall also apply to merchants and legal
entities for other claims of KARL & FABER arising from current business relationships,
in particular the sale of other objects.
3. If the buyer is in default of payment, KARL & FABER may rescind the contract
after having granted an additional grace period; if such right is exercised, then all
the rights of the buyer in respect of the object of purchase shall expire and become
void. In this case, KARL & FABER shall be entitled to claim damages in lieu
of performance. If the item is sold again, the original defaulting buyer shall be liable
for the resulting damage, in particular storage costs, loss, and loss of profit.
4. In the event of default of payment, the buyer shall owe default interest at the rate
of 1 % per month, without prejudice to further claims for damages. The buyer
shall have the right to prove a lower or no damage on the part of KARL & FABER.
5. If, within the framework of the usual checks, a suspicion of money laundering
is found to exist on the part of the purchaser, KARL & FABER is entitled to
withdraw from the contract. In this case, the buyer has no right to execute the
purchase contract.
§ 9 WARRANTY
1. All items offered for sale on the Online Platform are used; their condition depends
on age and origin. Complaints about the state of preservation shall only be
mentioned in the descriptions of KARL & FABER if, in the opinion of
KARL & FABER, they significantly impair the overall visual impression of the
object. The absence of information on the state of preservation thus has no
explanatory effect and in particular does not constitute a guarantee or quality
agreement in the sense of purchasing law; the same applies to oral or written
statements.
2. The contractually agreed quality of the works of art refers only to statements
on their authorship. KARL & FABER does not assume a special warranty, from
which rights beyond this (§ 443 and § 477 BGB) result. Further characteristics
other than the authorship of the offered works of art are not contractually
agreed even if the object is exhibited for advertising reasons; this shall only not
apply if KARL & FABER expressly assumes a guarantee for a certain characteristic
or quality in writing.
3. The assertion of warranty rights against KARL & FABER shall become timebarred
one year after delivery of the object of purchase.
4. If the buyer proves within one year after delivery of the object of purchase that
information about the authorship is incorrect and did not match the accepted
opinion of the experts on the day of the conclusion of the purchase contract,
KARL & FABER undertakes to assert its rights against the consignor - if
necessary also in court. In the event of successful recourse against the consignor,
KARL & FABER shall reimburse the purchaser for what has actually
been obtained by the customer up to a maximum of the total purchase price,
if no third party claims exist for the work of art and the work of art is returned
to KARL & FABER undamaged.
5. Claims for damages against KARL & FABER due to legal and material defects as
well as claims for reimbursement of expenses, loss of profit, indirect damages and
expert costs shall be excluded unless they are based on intentional or grossly
negligent actions of KARL & FABER (including its vicarious agents), which are
caused by a violation of cardinal contractual obligations or damages due to injury
to life, body or health. This limitation of liability shall apply to the same extent in
favour of the bodies and legal representatives as well as the employees and other
vicarious agents of KARL & FABER.
§ 10 ACCESSIBILITY OF THE ONLINE PORTAL
1. KARL & FABER shall not be liable for the uninterrupted and fault-free accessibility
and usability of the Online Platform insofar as KARL & FABER is not responsible
for this. This applies in particular to damages and disadvantages arising
from the fact that the buyer was unable to submit his purchase price bids or
was late in submitting them due to such a fault, or that these bids were not
received or were received late.
2. If no purchase price offers can be submitted at times due to a fault,
KARL & FABER may extend the Offer Period by the duration of the fault.
§ 11 EXPORT
Any customs duties and charges or other costs incurred in connection with the
export and import of the object of purchase shall be borne by the purchaser. It is
the obligation of the buyer to inform himself about import and export restrictions.
§ 12 FINAL PROVISIONS
1. German law shall apply exclusively. The place of performance and jurisdiction
is, as far as legally permissible, Munich.
2. If one or several provisions of these Conditions of Sale should be or become
invalid, then the validity of the remaining other provisions shall not be affected
thereof. In this case, the contracting parties undertake to replace the invalid
provision with a valid provision that comes as close as possible to the meaning
and purpose of the invalid provision.
3 . These Conditions of Sale shall govern all relations between the buyer and
KARL & FABER. General terms and conditions of the buyer shall not apply. No
verbal ancillary agreements have been concluded. Amendments to these
Conditions of Sale are to be made in writing; this shall also apply for the relinquishment
and waiver of this writing requirement.
Link to the instructions on cancellation and the cancellation form:
https://www.karlundfaber.de/_media/2021/03/karlundfaber_widerrufsrecht.pdf
Revised: October 2022
