TERMS AND CONDITIONS
TERMS AND CONDITIONS
The following terms and conditions of Kunst- und Auktionshaus Breitschuh (auctioneer) apply to all auctions and the related legal transactions.
The auction or the sale is carried out on behalf and on account of the seller / consignor, who remains anonymous.
By participating in the auction, the following auction terms and conditions of the auctioneer are accepted.
F:1. EXECUTION OF THE AUCTION
1.1 As a rule, the auction takes place in the order listed in the catalogue. We reserve the right to change the chronological order, connect or separate catalogue numbers and withdraw individual items from the auction.
1.2 The amount of the respective starting bid and the respective rate of increase is at the auctioneer's dutiful discretion.
1.3 Bids, that are irrevocable, can be submitted at any time until the fall of the hammer. Written bids must have been received by the auctioneer no later than the day before the auction and contain the item stating the catalogue number and the price offered (hammer price without premium). Any uncertainties or inaccuracies will be borne by the bidder. The auctioneer is not obliged to inform the written bidder of the failure to take his bid into account. Written bids are treated in the auction as the bids of those present. The auctioneer will only use the amount required to outbid other bids.
1.4 Telephone bidders undertake to automatically bid at least EUR 100.00 (or the higher limit, if applicable). This also applies if they cannot be reached by telephone during the auction.
1. 5 The auctioneer assumes no liability for the establishment or maintenance of telecommunications or internet connections as well as the proper transmission and (timely) receipt of bids by the auctioneer.
1.6 The auctioneer can exclude people from the auction and reject bids. This applies in particular if a bidder is not known to the auctioneer or has no business relationship with him and he does not provide the requested amount of security by the end of the auction at the latest. There is also no claim to acceptance of a bid in the case of a security deposit. If a bid is rejected, the bid made immediately before remains binding.
F:2 ACCEPTANCE OF BID
2. The highest bidder will be awarded after the bid has been called three times if there is no overbid.
2.2 The auctioneer can accept bids with reservations ("with reservations"). This applies in particular if the minimum price limit specified by the seller has not been reached. In this case, the bid expires four weeks after the day of successful bidding, unless the auctioneer has informed the bidder of the unconditional acceptance of the bid within this period.
2.3 If several bidders submit bids of the same size, the auctioneer can, at his own discretion, award the bid to one bidder or decide on the bid by lot.
2.4 If the auctioneer has overlooked a higher bid or if there are doubts about the winning bid, he can repeat the hammer fall in favour of the immediately submitted bid or re-bid the item until the auction has ended. In this case, a previous acceptance of a bid becomes ineffective.
2.5 If a bid or telephone order placed in time is mistakenly overlooked, the auctioneer is authorized to cancel the winning bid and re-auction the item. This also applies to all complaints immediately after the hammer falls or after the auction.
F:3 BUYER'S PREMIUM
3.1 The purchase price consists of the hammer price, the buyer's premium of 22.61% (19% of the hammer price plus VAT) and any additional costs, e.g. for storage and shipping.
3.2 If third-party platforms (e.g. lot-tissimo, invaluable, live auctioneers, etc.) are used to submit bids, the applicable fee (plus VAT) of the provider is additionally due and listed separately in the invoice.
3.3 Export deliveries are exempt from VAT under certain conditions. If these requirements are met and the necessary proof of export is provided on time, the sales tax paid will be reimbursed to the buyer.
F:4. PAYMENT, DEFAULT OF PAYMENT AND COMPENSATION
4.1 The winning bidder (buyer) is obliged to pay for the purchase price and to take the item. The purchase price is due in full no later than 14 days after the hammer fall 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 can be corrected. Payments are to be made in cash, card payment or by bank transfer in EURO to the auctioneer. Payments are only considered effected after irrevocable credit. A later and non-cash payment is only permitted with the consent of the auctioneer. All costs including taxes and expenses of cashless payments shall be 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 of 5% above the base rate. If the auctioneer requests compensation for non-performance and the item is auctioned again after a grace period set by the auctioneer, after the threat of refusal has expired fruitlessly, the buyer, whose rights from the previous bidding expired, is liable in addition for the costs for storage and for the lost proceeds of the auctioneer from the previous auction as well as for any reduced proceeds. In this case, the buyer is not admitted to a further bid.
F:5. ACCEPTANCE, SHIPMENT, COMPENSATION
5.1 The winning bidder (buyer) is obliged to pay for the purchase price and to take the item. With its issuance, all risks, in particular the risk of accidental loss and accidental deterioration of the purchase, pass to the buyer.
5.2 The buyer must collect the purchase immediately or at the latest 14 days after the invoice date from the auctioneer or arrange for delivery by paying the delivery fees. If he is in default with this obligation, the auctioneer can demand storage costs of € 3.00 (incl. VAT) per auction item and day from the time of the delay. If the collection does not take place despite a grace period set by the auctioneer, the latter can demand compensation for non-performance. As part of the obligation to mitigate damage, the auctioneer is entitled to auction or resell the item after the grace period has expired.
5.3 The purchase will be dispatched at the cost and risk of the buyer, the auctioneer determining the shipping method and the packaging supplies at his own discretion. The shipping costs can be found in the respective invoice. The dispatch takes place after definite effected payment.
5.4 The auctioneer is not obliged to release the auction item before the definite effected payment according to point 3.1 has taken place. The property remains reserved until full and definite effected payment.
5.5 In the event of §24 KGSG being seized, the buyer is obliged to apply for and present an export license at his own expense before the purchase is dispatched.
F:6. WARRANTY
6.1 The auction items can and should be inspected and checked before the auction. They are second hand and will be sold without warranty. The actual condition at the time of auction hammer fall is the agreed quality according to § 434 BGB.
6.2 Without prejudice to the exclusion of the warranty according to point 6.1 the auctioneer will send complaints of defects submitted by the buyer to the seller in good time within the statutory warranty periods, providing that this is not impossible for factual reasons. Any warranty claims on the part of the buyer for used items expire one year after the end of the year in which the auction took place.
6.3 In order to assert a material defect, the report of a recognized expert, who proves the defect, is necessary at the expense of the buyer. In the event of a successful claim against the seller, the auctioneer will only reimburse the buyer the knockdown price against return of the item. The buyer remains obliged to pay the premium as a service charge.
6.4 The catalogue descriptions are made to the best of the auctioneer's knowledge and belief. A special quality or durability guarantee as mentioned in Section 443 BGB is not adopted.
The same applies to oral or written information of all kinds as well as the description of the objects when called. Dirt, signs of age and wear, restorations and additions are to be regarded as normal for used items. They will be mentioned in the catalogue, in written or oral status reports at the discretion of the person in charge and provided without obligation if the overall impression of the item is significantly impaired. They do not represent quality guarantees only a subjective opinion. Impairments to the state of preservation are not always indicated, so that missing information also does not give any guarantees of quality.
6.5 Signatures, monograms, dates and other names are checked as far as is possible for the respective art historian / describer and specified in the catalogue descriptions. This artist information, dates and information on processed materials are based on the opinion of the auctioneer and information from the seller, which can be contradicted by experts or internationally recognized experts. It is advisable to get a picture by yourself during the preview in the run-up to the auction, if necessary, in conjunction with an appropriate expert or appraiser. In the case of sculptures and sculptures, the artist information and the dates refer to the intellectual authorship of the model; the explanations can also have been created posthumously. Insofar as the auction house provides information on provenance, this is based on corresponding statements by the seller / consignor, although such information does not constitute a quality agreement or guarantees.
6.6 In the case of objects of the visual arts, the actual work of art is taken into account; frames, passe-partouts, glazing and plinths that are not part of the work of art are considered to be free of charge. The auctioneer assumes no liability for open and hidden defects, as well as for progressive damage due to age, condition, use or material, in particular of furniture, carpets as well as added frames, glazing and plinths.
6.7 In the case of technical, mechanical and electrical devices, the auctioneer is not liable for the function or completeness of the components, nor for the functionality of the object. Unless explicitly mentioned in the catalogue, keys for clocks and furniture are not guaranteed additions.
6.8 The catalogue images serve the purpose of giving the potential buyer an idea of the object. They are neither part of the quality agreement nor a guarantee for the quality. The illustrations can make the object smaller, larger and different in colour. Please note the size information in the catalogue text. The size is specified with height x width (x depth), the largest measure is always taken, e.g. in the case of a cabinet, including the protruding head panel. Separate photos, including details (signatures, hallmarks, etc.) can be requested, whereby the notes to the catalogue images also apply here.
6.9 The auctioneer is not liable for image and printing errors in the catalogue and / or the internet presentation. Relevant and binding are the auction announcements when the item to be auctioned is called, which may contain corrections to any errors in the catalogue or new information on the object of the auction at any time. The auction announcement has priority over the catalogue description and internet presentation.
6.10 Justified complaints regarding authenticity must be made within 30 days of the auction or purchase. In this case, the purchase price can be refunded when the lot is returned. A guarantee beyond the specified period of 30 days on the part of the auctioneer is excluded. This also applies to further guarantees of any kind.
6.11 The current catalogue, which is available in printed form and published on the Internet, is decisive for the auction with the changes made public by the auctioneer on the day of the auction, if necessary. These are noted on a printout of the catalogue in the business premises and remain there.
F:7. CLAIMS AGAINST THE AUCTIONEER
7.1 Claims for damages against the auctioneer as well as against his vicarious agents in connection with the auction or the conclusion or fulfilment of this contract for whatever legal reason are excluded.
7.2 This does not apply to damage that is based on wilful or grossly negligent behaviour on the part of the auctioneer or his vicarious agents.
F:8. OTHER AGREEMENTS
8.1 The law of the Federal Republic of Germany applies to the legal relationship between the auctioneer and the buyer. The application of the law on the international purchase of movable property and the uniform law on the conclusion of international sales contracts for movable property is excluded.
8.2 In business dealings with merchants who are not among the traders referred to in Section 4 of the German Commercial Code (HGB), with legal persons, with special funds under public law and with persons who are based abroad, it is agreed that Quedlinburg is the place of performance and jurisdiction. If payment is made in a foreign currency, any loss of exchange rate and redemption fees will be charged to the buyer.
8.3 The post-sale is part of the auction, in which the interested party places a bid in writing or orally with a certain amount. The corresponding auction conditions apply.
8.4 The provisions on distance contracts according to Sections 355 BGB do not apply because of Section 312g (2) BGB applies.
8.3 Objects from the Third Reich are only to be handed over or acquired for the purposes of civic education, the defence against unconstitutional efforts, art, science, research or teaching, reporting on current events or history or for similar purposes (§§ 86 a, 86 StGB). Titles and designations were adopted in the language of the time for the catalogue description. There is no rating associated with this. By not expressing otherwise, catalogue owners, auction participants and bidders assure that they will only view or purchase the catalogue and the items from the National Socialist period depicted therein for the above-mentioned purpose. The auctioneer only offers these items and the corresponding catalogue under these conditions. By submitting a bid this is expressly recognized.
8.4 Should one or more of the above provisions be or become ineffective in whole or in part, this does not affect the effectiveness of the remaining provisions. The ineffective provisions will be replaced by effective ones that come as close as possible to the economic sense and purpose of the ineffective ones. This applies accordingly to regulatory gaps.
Last revised March 2020
