conditions of sale (Updated 10'2019)
By participating in one of our auctions you accept the following conditions:
1. Auctions are held by the auctioneer as commissioning agent on behalf of third parties, whose names are not disclosed. They are arranged at public in accordance with §§ 383 (3) and 474 (1) of the German Civil Code (BGB).
2. The auctioneer has the right to combine and separate items or auction them in a different order or withdraw them altogether.
3. All items lots to be put up for sale may be viewed and inspected prior to the auction. They are second hand and according to their age and their use they can therefore show traces of usage and wear marks and, if necessary, they also can have restorations without detracting from the perception, the value and the meaning of these objects. Their authenticity and originality also remain untouched of this.The state of preservation is not continuously mentioned in the catalogue so that any missing information shall also not constitute an agreement as to quality.
4. The auctioneer reserves the right to make corrections to catalogue information. These corrections take the form of written notices resp. verbal notifications made by the auctioneer. The corrected information takes the place of the catalogue descriptions. Objects will be sold in the condition they are in at the point in time of the knock down. The information (incl. measures) is shown in the catalogue to the best of one's knowledge and does not represent any contractual information regarding characteristics or warranties within the sense of commercial law. Any condition reports submitted at the request of the interested parties do not contain any contractually agreed information regarding characteristics; they serve solely as an aid to more exact orientation regarding the external condition of the item in the auctioneer's estimation. All reproductions contained in the catalogue and on the website is to give potential buyers an idea of the work of art; they are neither an integral part of the agreement on the condition nor a guarantee with regards to the condition.
5. The auctioneer does not assume any liability for defects, provided that he has exercised the due diligence required of him. However, he undertakes to assert his warranty claims against the consignor in the event of legitimate complaints of defects which are raised in good time; the limitation period for such complaints is twelve months from the point in time of the knock down. In the event that the assertion of the complaint against the consignor is successful, the auctioneer will reimburse the paid purchase price (including any premium) to the buyer; any more extensive claims are excluded. However, the acceptance of the return of the auctioned item is subject to the condition that its condition has not changed since the auction. The right of withdrawal applies only to online auctions and not to auctions held in the physical presence of the bidders. The cancellation period is 14 days (§355 BGB). It begins with the conclusion of the contract, unless otherwise stated. The auctioneer assumes no liability for faulty translations of the catalogue texts from German into other languages.
6. Claims for compensation as the result of a fault or defect in the object auctioned or damage to it or its loss, regardless of the legal grounds, or as the result of variances from the catalogue description or statements made elsewhere are excluded unless Zemanek-Münster acted with wilful intent or gross negligence; the liability for bodily injury or damages caused to health or life remains unaffected. In other regards, point 4 applies.
7. The prices listed in the catalogue shall be start prices and estimated prices. During bidding items are increased by approximately 10 % (for internet bidders see listed bid increments at their respective platforms). A lot is knocked down if no higher bid is made after three calls and the vendor's minimum specified price has been reached.
8. In the event of a knock down under reserve, the bidder will be held to his or her bid for three weeks. Once a reserve is declared, the catalogue item may be sold to a limit bidder without further consultation. Where the auctioneer rejects a bid, the previous bid will remain binding. Where there are two bids at the same amount, lots shall be drawn. The auctioneer may revoke the knock down and offer the item again if and when a higher bid submitted in good time has mistakenly been overlooked or if and when the highest bidder does not wish for his or her bid to stand or if and when there is otherwise doubt regarding the knock down.
9. The auctioneer may bid on the lot on behalf of the consignor up to the agreed minimum specified price (reserve) without giving notice that he is doing so and independently of whether other bids are submitted or not. The auction may knock the item down to the consignor if the bid is below the limit as protection for the consigned item; such a case is a return.
10. Bidder orders are handled with the utmost care; they should contain precise instructions, communicated in writing and arrive least three business days before the auction. They will be utilised by the auctioneer solely in the scope and to the extent that is required to surpass any other bids. Written bids more than 10 % under the starting price will not be considered. On account of the legal uncertainty no liability shall be assumed with regard to e-mail bids.
Telephone bidding is only possible for lots with a starting price in excess of 300 Euro. It will be only accepted on condition that the start price is the minimum bid. Those, who bid by phone are reminded that these phone conversations are recorded and listened. Everybody bidders expressly declare to agree with it. If there are objections, these are to collect by the bidder in advance in writing. The auction house reserves the right to exclude such bidders from participation. Upon completion of the transaction the records will be deleted immediately.
For all kinds of telecommunication no guarantee can be given. This includes also bidding via internet.
11. All bidders are to purchase under their own name and on their own account. The hammer price (purchase price) is the net price. The legal provisions regarding revocation and return for distance selling contracts do not apply to telephone and Internet bids.
12. An additional premium of 21 % (Invaluable: 24%) will be added to the knock down, as well as VAT resulting from the premium. During the aftersale a surcharge of 23 % will be added, as well as VAT resulting from the premium.
13. If it should be necessary to obtain CITES certificates for the purpose of granting special exemption from the prohibition of marketing objects covered by this Convention, then the cost thereof shall be borne by the purchaser (100 Euro). This also extends to certificates to export cultural property (100 Euro).
14. Payments shall be made in cash in EUR (?) directly on the day of the auction. Non-cash payments shall only be accepted on account of performance upon special agreement. The auctioneer is not liable for due presentation, protestations, notifications or return of uncashed payments / means of payment. In the event of non-cash payment having been approved of by the auctioneer, all costs, taxes and fees resulting from the payment[nbsp]shall be borne by the buyer.
15. Where a purchase has been arranged in writing or telephone bidding, payment should be completed within ten days of the invoice date. Ownership only passes to the Purchaser once payment has been made. The auction item will be delivered once this has been arranged.
16. Default interest is charged in the event of payment delay, with the amount of interest rate usually charged by banks, but in any case no lower than the amount of the statutory default interest in accordance with §§ 288 und 247 of the German Civil Code (BGB). The Auctioneer is also entitled to lodge claims against the buyer for culpable neglect of duties. After the second formal reminder, the Auctioneer is entitled to levy a default surcharge equivalent to 3 % of its total claim as compensation for damages incurred unless the buyer is able to prove that no damage or a much lower level of damages has been incurred. Instead of the flat-rate damage compensation amount, the Auctioneer may demand reimbursement of its specific damages incurred. These damages may also be calculated in such a way that the property item in question will be re-auctioned in another auction with a limit determined at the dutiful discretion of the Auctioneer and the defaulting buyer will be liable for any reduced proceeds in comparison with the previous auction and also for the costs of the repeat auction and including the commission and disbursements of the Auctioneer; the defaulting buyer will not be entitled to any additional proceeds in this case and his rights in connection with the previous knockdown will lapse concurrently with the new knockdown. The defaulting buyer will not be permitted to place further bids. All claims of the Auctioneer against the buyer will be due immediately in the event of delay.
17. The buyer is obligated to accept surrender of the items immediately after the auction. The risk of accidental loss and damage transfers to the buyer upon the surrender of the items. Items that have not been collected may be stored by a freight forwarding company without reminder in the name of and at the expense of the Purchaser. The Purchaser shall bear all risks for this arrangement.
18. 18 a. Packing and transportation
Packing and shipping of your objects is a non-binding service we offer for a lump-sum of 50 Euro within Germany and 80 Euro throughout Europe. Delivery to all other countries and overseas includes handling (50 Euro) plus shipping depending on weight or volume. Any bulky goods and international transports will be calculated on request and charged separately. For framed paintings, furniture and ceramics please contact Mail Boxes Etc. Aschaffenburg (mbe0020@mbe.de Tel: +49 (0)6021 625 9090). The transport of any items purchased at the auction will be carried out at the buyer's request, expense and risk. Please note that all objects that are subject to CITES can only be sent within the European Community. At the present time export in third countries is prohibited.
18 b. Transportation Insurance
An obligatory insurance covers risks associated with transportation. The buyer shall bear the expenses for transportation insurance and claims regulation. A buyer shall inspect the items for damage immediately after delivery and notify the freight forwarding company of any damage; later complaints based on damage which is not hidden are excluded.
18 c. Customs Declaration
We offer a customs declaration for only 100 Euro for all amounts above 1,000 Euro. For all smaller amounts, we don't need any declaration.
19. Unknown bidders are required to provide proof of adequate security before the start of the auction. Therefore we need personal data (name, address, date of birth) and a copy of your identity card. At the time competitive bid an authorisation is obtained on your credit card based on the reserve. There must be sufficient credit on your card to cover all charges. Otherwise the commission might not be carried out.
20. Bidders should take care when inspecting items, as all they will be fully liable for any damages.
21.These terms and conditions apply correspondingly to the post auction sale or open sales of auction items at the auctioneer's own discretion.
22. Place of performance and jurisdiction for both is Wurzburg.
23. These terms and conditions are governed by German law. The UN Convention on the International Sale of Goods (CISG) shall not apply.
24. Should any clause in these terms and conditions prove to be void, the other clauses will remain in force.
Payment
Payments shall be made in cash in EUR directly on the day of the auction. In the event of non-cash payment having been approved of by the auctioneer, all costs, taxes and fees resulting from the payment shall be borne by the buyer. The auctioneer is not liable for due presentation, protestations, notifications or return of uncashed payments / means of payment. Credit card payment is only accepted for invoices up to 1000€.
Shipping Terms
Packing and transportation:
Packing and shipping of your objects is a non-binding service we offer for a lump-sum of 50 Euro within Germany and 80 Euro throughout Europe. Delivery to all other countries and overseas includes handling (50 Euro) plus shipping depending on weight or volume. Any bulky goods and international transports will be calculated on request and charged separately. For framed paintings, furniture and ceramics please contact Mail Boxes Etc. Aschaffenburg (mbe0020@mbe.de Tel: +49 (0)6021 625 9090). The transport of any items purchased at the auction will be carried out at the buyer's request, expense and risk. Please note that all objects that are subject to CITES can only be sent within the European Community. At the present time export in third countries is prohibited.
Transportation Insurance:
An obligatory insurance covers risks associated with transportation. The buyer shall bear the expenses for transportation insurance and claims regulation. A buyer shall inspect the items for damage immediately after delivery and notify the freight forwarding company of any damage; later complaints based on damage which is not hidden are excluded.
Customs Declaration:
We offer a customs declaration for only 100 Euro for all amounts above 1,000 Euro. For all smaller amounts, we don't need any declaration.
