Conditions of Sale
§ 1 GENERAL
1. These Auction Conditions are published on the website of KARL & FABER. By placing an order or placing a bid, the buyer expressly acknowledges the auction conditions and their validity for the auction.
2. The auction, which is not a public auction within the meaning of Sections 383 III, 474 I 2 German Civil Code (BGB), is prepared, conducted and handled by Karl&Faber Kunstauktionen GmbH (hereinafter referred to as "Karl&Faber"). Karl&Faber generally auctions the artworks as commission agent in its own name for the account of the unnamed consignor. An auctioneer appointed by Karl&Faber will conduct the auction in the name and for the account of Karl&Faber; any claims arising from the auction will be directed exclusively against Karl&Faber and not against the auctioneer.
§ 2 BIDDING AND AUCTION
1. All bidders must provide their name and address in good time before the auction. Bidder numbers will be assigned if necessary. If a bidder wishes to submit bids on behalf of a third party, he/she must inform the auctioneer prior to the start of the auction, stating the name and address of the person represented and submitting a written authorisation. Otherwise, the purchase contract is concluded with the bidder upon acceptance of the bid.
2. The estimated prices listed in Karl&Faber's online catalogue (lower and upper estimates where applicable) are in euros. They serve as an indication of the market value of the auctioned property. The starting price will be determined by the auctioneer and will be increased at Karl&Faber's discretion, usually by 10% of the previous bid in euros. Karl&Faber reserves the right to combine or separate catalogue numbers and, if there is a special reason, to call them up or withdraw them in a different order than that provided for in the online catalogue.
3. Bids can also be made in writing (by letter, fax, scan or via the website of Karl&Faber or other internet platforms such as Lot-tissimo) or by telephone. The relevant registration must always be made using the forms provided by Karl&Faber. Bidding via the Internet (live bidding) is only permitted if this is done via online services and platforms provided or authorised by Karl&Faber. For live bidding or written bidding via the online platforms invaluable and lot-tissimo, fees of 3% of the hammer price plus statutory VAT will be charged, which will be added to the premium in accordance with the auction conditions. The costs for this shall be borne by the bidder. Written or telephone bids will only be accepted if the bidder has applied to Karl&Faber for authorisation at least 24 hours before the start of the auction. The application must name the artwork, stating the catalogue number and catalogue description, and must be signed. Any costs incurred by ambiguities shall be borne by the bidder. Karl&Faber accepts no liability for the processing of written, telephone or online bids. In particular, Karl&Faber is not liable for transmission errors or the establishment and maintenance of telephone or Internet connections. This does not apply if Karl&Faber is responsible for an error
due to wilful intent or gross negligence. When using a currency (conversion) calculator (e.g. in the live auction), no liability is assumed for the accuracy of the currency conversion.
4. The bid is accepted if no higher bid (overbid) is submitted after a bid has been called three times. If several persons place the same bid and no higher bid is placed after three calls, the bid that was placed or received first shall be decisive. In individual cases, a bid may be accepted subject to reservation, to which the
auctioneer will expressly draw attention. Such a knockdown shall only become effective if Karl&Faber confirms the bid in writing within five weeks of the day of the auction by submitting a corresponding invoice; the bidder shall remain bound by his/her bid for this period. Karl&Faber may withdraw a knockdown within an auction and re-bid the artwork if a higher bid, which was submitted in good time, has been overlooked by mistake and this has been immediately objected to by the bidder or if there is any other doubt about the knockdown. If Karl&Faber exercises this right, the original knockdown becomes invalid. Karl&Faber has the right to bid up to the limit of an artwork for the consignor. Karl&Faber has the right to refuse to accept a bid or to reject a bid if there is a special reason. A special reason exists in particular if a bidder is unknown to Karl&Faber and has not provided security by the start of the auction. If a bid is rejected, the previous bid remains valid. The acceptance of the bid obliges the bidder to accept and pay for the artwork.
5. Written bids are deemed to be bids already submitted in the auction. If several written bids of the same amount are received for one and the same artwork, the bid received first will be accepted if no higher bid has been received or submitted. In the case of the same day of receipt, the lot decides. Each written bid will
only be accepted by Karl&Faber for the amount required to outbid any other bid submitted. A written bid, which must be submitted on the form provided for this purpose, must be signed by the bidder and state the price offered for the artwork (excluding premium, artist's Resale Right (ARR) levy and VAT).
§ 3 RIGHT OF CANCELLATION FOR CONSUMERS
1. If you are a consumer, you have a right of cancellation in accordance with the statutory provisions. A consumer is a natural person who submits a purchase offer for a purpose that cannot be attributed to commercial or independent professional activity.
2. At the end of these General Terms and Conditions is a link to the statutory cancellation policy and the cancellation form.
3. If a consumer exercises his/her right of cancellation, he/she must bear the costs of returning the goods.
