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Lot 985: THE CASTLE GARDEN - Design by Pius Ferdinand Messerschmitt.

Est: €1,200 EUR - €1,800 EURSold:
Van Ham KunstauktionenKöln (Cologne), GermanyNovember 14, 2015

Item Overview

Description

1909-1910. Published by Kunsthandlung J. Littauer am Odeonsplatz, Munich
Painted plywood. Original cardboard box. Consisting of 63 elements, among them houses, hedges, trees, fences and figures. Cardboard box 11 x 40 x 28 cm. Condition B/C.

Literature:
Lothar Hennig (ed.): Pius Ferdinand Messerschmitt 1858-1915 Retrospektive, Bamberg 1998.
Type depicted p. 99.

Presumably inspired by the birth of his daughter Dora Clara in 1901, Messerschmitt occupied himself with the design of toys. In 1904 he made the old town, consisting of a number of houses and figures in old German style. In 1909 and 10 he designed the castle garden as his second game in the style of a baroque garden, presumably referring to the Bayreuth Eremitage.





Payment & Shipping

Accepted forms of payment: Wire Transfer

Shipping

Auction House will help arrange shipment, at buyer's expense

Auction Details

European Applied Arts

by
Van Ham Kunstauktionen
November 14, 2015, 10:00 AM CET

Hitzelerstr. 2, Köln (Cologne), NRW, 50968, DE

Terms

Live bidding may start higher or lower

Buyer's Premium

€0 - 250,000:31.0%
€250,001+:28.0%

Bidding Increments

From:To:Increment:
€0€299€20
€300€329€30
€330€349€20
€350€379€30
€380€399€20
€400€429€30
€430€449€20
€450€479€30
€480€499€20
€500€999€50
€1,000€1,999€100
€2,000€2,999€200
€3,000€3,299€300
€3,300€3,499€200
€3,500€3,799€300
€3,800€3,999€200
€4,000€4,299€300
€4,300€4,499€200
€4,500€4,799€300
€4,800€4,999€200
€5,000€9,999€500
€10,000€19,999€1,000
€20,000€29,999€2,000
€30,000€32,999€3,000
€33,000€34,999€2,000
€35,000€37,999€3,000
€38,000€39,999€2,000
€40,000€42,999€3,000
€43,000€44,999€2,000
€45,000€47,999€3,000
€48,000€49,999€2,000
€50,000€199,999€5,000
€200,000€299,999€10,000
€300,000+€20,000

Conditions of Sale

No reference to imperfections is made in the catalog descriptions or verbally by the Auctioneers. Since all sales are final and London Gallery Auctions, LLC. makes no refunds, please verify our descriptions and carefully view the property at a preview before you bid. No employee of London Gallery Auctions, LLC. is authorized to make on our behalf, or that of the Consignor, any representation or warranty, oral or written with respect to any property. Before bidding online or by proxy at a London Gallery Auctions, LLC. auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with London Gallery Auctions, LLC.

Any information supplied by any employee or agent of London Gallery Auctions, LLC., in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at London Gallery Auctions, LLC's auctions.

LONDON GALLERY AUCTIONS PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY LONDON GALLERY AUCTIONS. EACH AND EVERY LOT AT EVERY LONDON GALLERY AUCTIONS IS SOLD "AS IS, WHERE IS." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT THE LOTS BEFORE PLACING BIDS.

Indemnification

You agree to indemnify, defend and hold harmless London Gallery Auctions, LLC. and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Online Bidding Services or the www.londongalleryauctions.web site or your breach of this Agreement.

Binding Arbitration

Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, by and between London Gallery Auctions, LLC. and the Bidder, their successors, assigns, officers, shareholders and directors, shall be settled by final and binding arbitration administered by the American Arbitration Association ("AAA"), under its Commercial Arbitration Rules, in effect as of the time of filing the arbitration, with a single arbitrator. The AAA arbitrator selected shall be experienced in business/law. The arbitration shall take place in Thousand Oaks, Ca, and using California State law for agreements entered into and to be performed therein, without reference to the law of any other jurisdiction for any perceived conflict of law. The arbitrator shall have discretion to award legal fees and costs to the prevailing party. Judgment on the award rendered by the AAA arbitrator may be entered in any court having jurisdiction thereof.

Shipping Terms

Auction House will help arrange shipment, at buyer's expense

Shipping Terms

Auction House will help arrange shipment, at buyer's expense

Shipping Terms

Auction House will help arrange shipment, at buyer's expense

Shipping Terms

Auction House will help arrange shipment, at buyer's expense

Payment

5. Purchase Price and Payment
5.1 The buyer shall pay the bid price plus a premium of 28% on the first € 250,000 and a premium of 25% on all sums exceeding this amount. This includes statutory VAT, which will, however, not be listed separately due to the margin scheme as per § 25a UStG (German Sales Tax Act). A premium of 24% on the first € 250,000 of the bid price and of 21% on all sums exceeding this amount shall be levied on items listed in the appendix as subject to standard taxation. Statutory VAT of currently 19% on the total of the bid price and the premium.

5.2 Objects, that have been imported from outside the EU will be sold at auction under Temporary Admission, are listed in the appendix of the printed catalogue. When VAN HAM releases such property to the buyer, he/she will become the importer and must pay VAN HAM's import VAT of currently 7 % to VAN HAM which will be charged as an apportionment on the invoice.
Upon request immediately after the auction the invoice for these objects can be made out with regular taxation and without the apportionment for the import.

5.3 Pursuant to § 26 ss.1 of the German Copyright Act (UrhG), the Seller is obliged to pay the droit de suite (resale rights tax) on the sales proceeds of all original works of art and original photographic works whose creators died less than 70 years before completion of the sale, where such works were sold via VAN HAM. The buyer shall bear a portion of this in the form of a lump-sum charge amounting to:
• 1.5% of the hammer price up to € 200,000
• 0.5% of the hammer price in excess of € 200,001 up to € 350,000
• 0.25% of the hammer price in excess of € 350,001 up to € 500,000
• 0.125% of the hammer price in excess of this price up to five million, up to a maximum of € 6,250.

5.4 For buyers entitled to deduct input tax, the invoice may, upon request (and after prior notification) be made out in line with standard taxation. VAT is not levied on shipments to third countries (i.e. outside the EU) nor on shipments to companies in EU member states, provided the VAT ID number is stated. If participants in an auction transfer purchased items to third countries themselves, they shall be reimbursed for VAT as soon as proof of export and purchase has been provided to VAN HAM.

5.5 Invoices issued during or immediately after an auction must be verified; errors remain excepted to this extent.

5.6 Payment of the total amount due upon acceptance of a bid shall be made in cash or by bank certified cheque. Cheques shall only be accepted on account of performance. Any taxes, costs, transfer or encashment fees (including any bank fees charged to VAN HAM) shall be borne by the buyer. Buyers who participate in the auction in person shall pay the purchase price to VAN HAM immediately after their bid is accepted. Without prejudice to the fact that payment is due immediately, bids made in absentia may be paid within 14 days of the invoice date without being deemed to be in default.

5.7 Auctioned items shall, as a matter of principle, only be handed over after full payment of all amounts owed by the buyer has been received.

Buyers Premium

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Thank you for your interest in becoming a bidder on London Gallery Auctions, LLC., live auction site. We strive to conduct a safe and fun auction that offers outstanding value and opportunity to buy collectibles, antiques, art, modern and vintage jewelry, watches and other items at reasonable prices. We will never appraise an item that over-inflates its value. The appraisals are "true" appraisals that resemble retail replacement costs equal to retail prices or below. Our reserves will be below the estimated value. A GIA Graduate Gemologist has looked at every item and determined the gem grading, value and description to the best of his/her ability. The description provided of the Lot shall not be construed as an appraisal. Bidder may inspect the item (or items) up to 24 hours prior to the auction date provided they make an appointment by phone or e-mail at service@londongalleryauctions.com or by phone at (805)496-2299. All Lots are sold "AS IS, WHERE IS".

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Before bidding online for a London Gallery Auctions, LLC. auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with London Gallery Auctions, LLC.

Any information supplied by any employee or agent of London Gallery Auctions, LLC, in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at London Gallery Auctions, LLC.

LONDON GALLERY AUCTIONS PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY LONDON GALLERY AUCTIONS. EACH AND EVERY LOT AT EVERY LONDON GALLERY AUCTION IS SOLD "AS IS, "WHERE IS". THERE ARE NO GUARANTEES WHATSOEVER." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT OR ASK QUESTIONS REGARDING THE LOTS BEFORE PLACING BIDS. FEEL FREE TO CALL OR EMAIL FOR FURTHER DESCRIPTION BEYOND WHAT IS POSTED ONLINE. WE WELCOME ONSITE INSPECTIONS (Please call for a private appointment).

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FOR US SALES ONLY: Cash, Visa, MasterCard, Discover, PayPal, Check or Wire Transfer. Payment by Cashier's check is acceptable, however we will treat this as a check and wait the appropriate time to assure the check has cleared the bank and is not a fraudulent check.

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Winning bidders will be emailed an invoice within 24 hours after the auction. If you do not receive an invoice via email it is your responsibility to contact us at (805)496-2299 or email Service@londongalleryauctions.com. Credit cards on file will be charged within 24 hours of auction close. No exceptions!

The final sales price for Property sold at auction shall consist of the following: winning bid price, buyer's premium, and costs of shipping to the buyer, shipping insurance, any artists' rights royalty, and sales taxes, if applicable.

Bidding Increments

Unless otherwise indicated by the auctioneer, the following bid increments will be used:

Range Bidding Amount
$0 - 49 $5.00
$50 - $199 $10.00
$200 - $499 $25.00
$500 - $999 $50.00
$1,000 - $1,999 $100.00
$2,000 - $4,999 $250.00
$5,000 - $9,999 $500.00
$10,000 - $19,999 $1,000.00
$20,000 - $49,999 $1,500.00
$50,000 - $99,999 $2,500.00
$100,000 - $499,999 $5,000.00
$500,000 and above $10,000.00

Bidding increments can be changed without prior notice by the auctioneer.

Shipping Instructions

Items will be shipped within 10 business days of payment in most cases. Most domestic packages are sent USPS Priority Mail unless noted in the description of the item. Packages valued under $50 are sent uninsured but with delivery confirmation, packages valued at $50 or more will be charged and require a direct signature confirmation. Shipping and insurance are charged at the USPS published rates. In the event that a package is lost by USPS, there will be a claim filed and all monies will be refunded once London Gallery Auctions, LLC. have been paid. All international shipments will be sent by USPS Priority or Express Mail, FedEx or DHL, at the seller's discretion. All import duty (VAT) taxes are the responsibility of the buyer.

Special Terms:

All property is sold "AS IS, WHERE IS" and ALL SALES ARE FINAL. neither London Gallery Auctions, LLC. nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall London Gallery Auctions, LLC. be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value.

All measurements are approximate. No oral or written statement at this sale, in the catalog or elsewhere shall be deemed such a warranty or representation or any assumption of responsibility.

By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. Most of the items in this sale are subject to a reserve. The reserve is a confidential price agreed upon by the seller and auctioneer below which the item will not be sold. London Gallery Auctions, LLC. reserves the right to withdraw or pass any lot before, during or after the auction.

The highest bidder acknowledged (and sold) by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid and in the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser. Bidder will be the sole judge of value, absolutely no refunds. Lots with reserves will be passed (or bids placed not meeting the seller's reserve) during the auction if the reserve is not met by a bidder either through an absentee or live bid.

All sales are final. There are no cancellations, returns or refunds. Under certain circumstances, we may make an exception and allow a cancellation, return or approve a refund. However, in the case of a return the "Buyers Premium" and Shipping Cost will not be refunded.

Appraisals

London Gallery Auctions, LLC. may utilize Retail Replacement Value Appraisals, which are the most common. These types of evaluations are written for insurance needs. This would be the cost to replace the jewelry, with an item of equal quality and kind, considered to be the current replacement value. (A Retail Replacement Value Appraisal is done for insurance purposesin the event of damage or loss of a valuable item) Our appraisals are conducted by an appraisal firm that utilizes Certified GIA Graduate Gemologists. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations throughout the world. ITEMS SHOULD NOT BE PURCHASED WITH THE EXPECTATION TO RESELL FOR APPRAISAL PRICE OR FOR A PROFIT.

Right to refuse bid

Auctioneer reserves the right to reject any bid. The highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder, either before, during or after an auction concludes.

The Auctioneer's decision to refuse any bid, advance the bidding in any manner, withdraw a Lot, determine a successful bidder, continue the bidding, to cancel a sale and re-offer and resell an item in dispute, is conclusive, absolute and final.

Reserves

Most of the lots in this sale are offered subject to a reserve. The reserve is a confidential minimum price, below which the lot will not be sold, and is agreed upon by the consignor and London Gallery Auctions, LLC. London Gallery Auctions, LLC. reserves the right to bid on any lot below the reserve as long as the bid is not above the reserve. London Gallery Auctions, LLC. may open the bidding on any lot below the reserve to start the bidding process.

Technical Difficulties

If Property is not sold prior to the technical problem arising, the Property will be offered for sale at a later point in time that we will determine and specify on our website at www.londongalleryauctions.com or on any other website we operate [one week in advance] of the date the Property will be re-offered for sale at auction.

All winning (that meet or exceed the minimum reserve) bids that were made before the arising of the technical problems shall remain valid.

By submitting your bid, you agree that you have read and agree with the special terms and conditions.

Indemnification

You agree to indemnify, defend and hold harmless London Gallery Auctions, LLC. and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Online Bidding Services or the www.londongalleryauctions.com web site or your breach of this Agreement.

All property is sold "AS IS WHERE IS" with all faults, and neither London Gallery Auctions nor the Consignor makes any representation or warranty, expressed or implied, as to the merchantability, fitness, or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property. By bidding, you agree to these Conditions of Sale.

No reference to imperfections is made in the catalog descriptions or verbally by the Auctioneers. Since all sales are final and London Gallery Auctions makes no refunds, please verify our descriptions and carefully view the property at a preview before you bid.

Contract:

Before bidding online or by proxy at a London Gallery Auctions auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with London Gallery Auctions, LLC.

Any information supplied by any employee or agent of London Gallery Auctions, in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at London Gallery Auctions' auctions.

LONDON GALLERY AUCTIONS PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY LONDON GALLERY AUCTIONS. EACH AND EVERY LOT AT EVERY LONDON GALLERY AUCTIONS IS SOLD "AS IS, WHERE IS." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT THE LOTS BEFORE PLACING BIDS.

Payment:

PLEASE NOTE: INSURANCE FOR YOUR PACKAGE IS AUTOMATICALLY ADDED TO THE SHIPPING COST (Packages valued under $50 are sent uninsured but with delivery confirmation). If payment arrangements are not made within 3 DAYS following the auction, items will be put back on the block and YOU WILL NOT GET THEM. London Gallery Auctions, LLC., reserves the option to hold purchases until checks clear the bank, or until authorization is obtained on credit cards or Cashier's Checks.

Shipping:

Customers are responsible for the cost of shipping items. If London Gallery Auctions, LLC., should be prevented by fire, theft or any reason whatsoever from delivering any property to the purchaser, we are only liable to return the sum made by the purchaser.

Premium:

Premium of 18.5% (13.5% Buyer's Premium + 5% online Fee) of the successful bid price will be added to the bid prices and is payable by the buyer as part of the total purchase price.

Taxes:

7.5% percent sales tax to all California bidders

Condition:

No reference to imperfections is made in the catalog descriptions or verbally by the Auctioneers. Since all sales are final and London Gallery Auctions, LLC. makes no refunds, please verify our descriptions and carefully view the property at a preview before you bid. No employee of London Gallery Auctions, LLC. is authorized to make on our behalf, or that of the Consignor, any representation or warranty, oral or written with respect to any property. Before bidding online or by proxy at a London Gallery Auctions, LLC. auction, you must read and accept the Terms and Conditions of Bidding. Read these terms carefully. When you sign your Bidder Registration Agreement or click the "accept" button online, you enter into a binding legal agreement with London Gallery Auctions, LLC.

Any information supplied by any employee or agent of London Gallery Auctions, LLC., in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at London Gallery Auctions, LLC's auctions.

LONDON GALLERY AUCTIONS PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY LONDON GALLERY AUCTIONS. EACH AND EVERY LOT AT EVERY LONDON GALLERY AUCTIONS IS SOLD "AS IS, WHERE IS." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT THE LOTS BEFORE PLACING BIDS.

Binding Arbitration

Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, by and between London Gallery Auctions, LLC. and the Bidder, their successors, assigns, officers, shareholders and directors, shall be settled by final and binding arbitration administered by the American Arbitration Association ("AAA"), under its Commercial Arbitration Rules, in effect as of the time of filing the arbitration, with a single arbitrator. The AAA arbitrator selected shall be experienced in business/law. The arbitration shall take place in Thousand Oaks, Ca, and using California State law for agreements entered into and to be performed therein, without reference to the law of any other jurisdiction for any perceived conflict of law. The arbitrator shall have discretion to award legal fees and costs to the prevailing party. Judgment on the award rendered by the AAA arbitrator may be entered in any court having jurisdiction thereof.