Terms and Conditions
NOTE: The German version of our terms is binding. Below text is an online translation.
1. Auction is held in its own name for the account of a third party. The auctioneer acts on a commission basis. The auctioneer is to be paid for the goods auctioned, plus a premium of 20% and the reduced value added tax of 7% (standard taxation) on the hammer price and premium for books, 19% for other printed works and originals. All catalogue numbers can optionally be subject to the differential taxation; in this case the surcharge amounts to a total of 27% including VAT, which is not shown separately. Buyers from outside the EC countries will be reimbursed the value-added tax in the case of standard taxation if the German customs export certificate is submitted within four weeks after the auction. Buyers from countries of the European Union are only exempt from VAT if they provide their ID number when placing the order (our ID number DE 130565285). For surcharges for Internet bidding (live bidding), the respective agent (platform) charges a fee which is passed on to the bidder together with the auctioneer's total invoice, provided the agent invoices the auctioneer.
2. the risk of accidental loss or accidental deterioration passes to the buyer upon acceptance of the bid. He is obliged to pick up his purchase at the auction site within seven days. Shipment will only be made at the request of the buyer and at his cost and risk, usually by DHL, if no other instructions from the buyer are available. In case of fragile or bulky goods, collection is recommended; alternatively, packaging and shipping will be carried out by a forwarding agent commissioned by the buyer. Ownership and claim to delivery of the auctioned goods after full payment and after crediting of submitted cheques. Delivery of auctioned items during or directly after the auction only against cash payment. If payment is delayed, the auctioneer shall be liable for any damages resulting from such delay. Default interest of 1.5% per month is due. In this case, the buyer can also lose the rights to the object of purchase, which can be put up for auction again, whereby the defaulting buyer is liable for any loss without being entitled to any additional proceeds. Commission agents are liable for the purchases of their clients. An object is knocked down after the accepted highest bid has been called out three times. If there are several bids of the same amount, the acceptance of the bid is decided by lot. In case of disagreement, the item can be called out again. The acceptance of a bid obliges the buyer to accept the item. It may also be awarded on the basis of a written bid or a bid made by telephone. In any case, the auctioneer reserves the right to make the execution of orders dependent on a security deposit. The establishment of a connection cannot be guaranteed to telephone bidders. No liability is assumed for the receipt of e-mails. For bids without prior inspection of the item, the right of revocation and return is not applicable. The lower estimated price is the call price.
3. All items to be auctioned can be viewed and examined before the auction, they are used without exception. Complaints regarding their condition will only be mentioned in the catalogue and in condition reports if, in the auctioneer's opinion, the overall visual impression is impaired. The actual state of preservation of the objects at the time of their knockdown is the agreed condition (§ 434 BGB, Para. 1, Sentence 1). Coloured reproductions in the catalogue do not have to reproduce the objects true to colour. The catalogue details provided to the best of our knowledge and belief (including details of local geographic origin) serve exclusively to inform and classify the objects. They are not contractually agreed properties and contain no guarantees in the legal sense. This also applies if objects are highlighted in the catalogue (e.g. pictorially) or presented outside the catalogue in advertising. However, all catalogue details on authorship based on a signature are agreed upon with the buyer; a special guarantee, from which further rights (§§ 443, 477 BGB) result, is not assumed by the auctioneer in this area either. Nor does the agreement on authorship constitute a stricter liability than that provided for by law (§ 276 BGB, Paragraph 1). Information on the authorship of anonymous historical objects, in particular drawings, is based on a comparison of works and the consultation of specialist literature and is intended merely as a basis for discussion. If the Buyer proves to the Auctioneer before the expiry of the limitation period, which - except in cases of wilful infringement of rights - is one year and begins on the day of handover, that catalogue details of authorship based on a signature/monogram are incorrect, the Auctioneer shall pay the (total) purchase price in accordance with §§ 346 ff. BGB. Alternatively, a reduction of the purchase price can be discussed. Claims for damages by the buyer due to material defects as well as for other legal reasons (including reimbursement of futile expenses) are excluded, unless the auctioneer has acted with intent or gross negligence or has violated essential contractual obligations. Liability for injury to life, body and health remains unaffected. Liability for unforeseeable or more remote damages is excluded in any case.
4. The auctioneer reserves the right to separate or combine numbers or to withdraw them if there is a reason to do so.
5. If one or more provisions of these auction conditions are or become invalid, the validity of the remaining provisions shall remain unaffected.
Dietrich Schneider-Henn, Auctioneer
Shipping Terms
The risk of accidental loss or accidental deterioration shall pass to the buyer upon acceptance of the bid. He is obliged to pick up his purchase at the auction site within seven days. Shipment will only be made at the request of the buyer and at his cost and risk, usually by DHL, if no other instructions from the buyer are available. In case of fragile or bulky goods, collection is recommended; alternatively, packaging and shipping will be carried out by a forwarding agent commissioned by the buyer. Ownership and claim to delivery of the auctioned goods after full payment and after crediting of submitted cheques. Delivery of auctioned items during or directly after the auction only against cash payment.
