Terms and Conditions
Conditions of Auction
NOTE: Only the German version is legally binding
With the personal, written or telephone participation in the auction as well as the subsequent post-auction and open sale, the following conditions are accepted:
The Kunstauktionshaus Schloß Hagenburg conducts the auction in the name and for the account of the client. The value added tax is only applicable to the commission. If a catalogue number is marked with an asterisk, the object will be auctioned in its own name for the account of a third party. In the event of a sale, the VAT on the total sum of the hammer price and premium is then due.
2. the catalogue descriptions, as well as verbal or written declarations, do not guarantee any properties in the sense of § 459 ff BGB. This also applies to any information about condition, age, origin, authenticity, genuineness, attribution, as well as catalogue estimates. They are to be regarded as expression of opinion, but not as fact. All items put up for auction can be viewed and examined before the auction. Auction lots are auctioned in the condition in which they are at the time of the knockdown, without guarantee or liability for obvious or hidden defects. After the knockdown, complaints of any kind can no longer be considered. The risk of loss, damage or confusion shall pass to the successful bidder at the time of the knockdown.
The auctioneer has the right to combine, separate, omit, withdraw or bid out of sequence lots. As a rule, the bidding begins at the target price stated in the catalogue. Regularly the price is increased by 10%. A declared bid remains effective until the end of the auction via the relevant catalogue number. The knockdown will be awarded if no higher bid is made after a bid has been called three times. If a bid is accepted with reservation, the bidder is bound to his bid for a period of six weeks from the day of acceptance of the bid (according to § 158 BGB). If he does not receive the unconditional acceptance of the bid within this period, it shall lapse. An unconditional acceptance of a bid shall become effective if the Auctioneer confirms the bid in writing within six weeks of the day of the auction by issuing a corresponding invoice. The acceptance of a bid obliges the buyer to accept the bid.
4. written sales contracts are carried out conscientiously by the auctioneer, without extra charge, but without guarantee. Written bidding orders must be received 1 day before the auction. The prices offered do not include the premium and VAT. The catalogue number is decisive, not the description of the item. Each bid is only taken up with the amount necessary to outbid other bids. The bidding order placed is irrevocable and binding and is valid for the auction and the subsequent post-auction and open sale. It expires 8 weeks after the auction. a) Telephone bidding for certain objects requires a minimum catalogue price of € 150 for each item. Telephone bids must be confirmed in writing before the auction. With the application for telephone bidding, the bidder agrees to the recording of the telephone conversation. Should the telephone connection not be established or should the connection be interrupted during the bidding process, the auctioneer is authorised to bid for the telephone bidder up to the estimated price printed in the catalogue. The auctioneer does not assume any guarantee for the processing of bids. In particular, he is not liable for the establishment or maintenance of the telephone line or for transmission errors.
Every bidder is obliged to have a bidder number given to him before the auction and to leave his name and address. In his own interest, the bidder has to pay attention to the number plate given to him in order to prevent abuse by third parties. The bid will be accepted if no higher bid is placed after three calls. However, the auctioneer may refuse the bid without giving reasons. In the event of such a refusal, the bid made immediately before remains binding. If several persons make the same bid, the lot will decide.
6. the acceptance of a bid obliges to payment and acceptance. The ownership of the auctioned items is only transferred to the buyer after the complete settlement of all claims of the auctioneer. The risk of accidental loss and accidental deterioration (according to § 446, 447 BGB) of the item passes to the buyer with the knockdown.
7. According to § 25a UStG all deliveries are subject to the differential taxation: A premium of 20% is to be paid to the auctioneer at the hammer price, plus the statutory premium. value added tax The total amount is due with the hammer price and payable in cash or by cheque. The claim of foreign bidders who have bid in writing or by telephone shall become due upon invoicing. Any bank charges incurred shall be borne by the buyer.
8. tax exemption is excluded for intra-community export deliveries. In the case of export deliveries to third countries, the buyer will be refunded the value added tax as soon as the auctioneer has received proof of export and buyer.
9. the purchase price is due with the knockdown and must be paid in cash. In case of purchase by written or telephone bidding, the claim is due upon receipt of the invoice. Payments are to be made in Euro to the auctioneer. The auctioneer is not obliged to accept payments in foreign currency. If he accepts them, any exchange losses and bank charges shall be borne by the buyer. Auctioned items will only be delivered after cash payment has been made. If payment is not received in time, the buyer is liable for all damages resulting from this, even without a reminder. Deferment of payment will not be granted. In case of default of payment, the new regulation according to § 288 para. 1 BGB (German Civil Code), which came into force on 1 May 2000, shall apply. a) Invoices issued during or indirectly after the auction require special verification and possible correction due to overloading of the accounting department; errors excepted.
10. items that are not collected immediately, but no later than 10 days after the auction or 10 days after the invoice has been issued, if they were purchased in a post-auction sale, may be stored with a forwarding agent in the name and at the expense of the buyer. The auctioneer declines any liability for damage, loss or mix-up. They will only be dispatched at the express request of the buyer and without exception at the buyer's expense and risk.
11. the buyer bears the costs of any legal proceedings abroad, if they are not refundable under the respective national law.
12. place of performance and jurisdiction is Stadthagen. German law applies. Should one or more provisions of these auction conditions be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
13. no guarantee can be given for the functionality and completeness of watches! We kindly ask interested parties to convince themselves personally of the condition!
14. as long as catalogue owners, auction participants and bidders do not express any contrary opinion, they assure that they acquire the catalogue and the contemporary historical and military historical objects from the period 1933-1945 contained therein only for the purposes of civic enlightenment, the defence against unconstitutional and anti-constitutional endeavours, scientific and art historical research, the enlightenment or reporting on the events of the time or military historical and uniform research (§86a StGB). The auction house, the auctioneer and the consignors offer these items only under these conditions. With the submission of bids for items bearing Third Reich emblems, the bidder undertakes to acquire these items only for historical and scientific purposes and not to use them in any way in a propagandistic manner within the meaning of §86a StGB.
Important note: For technical reasons, there may be differences in the reproduction of images between the print catalogue and internet photos. This concerns both contrast and colour reproduction. It is therefore recommended that you personally get an impression of the objects shown.
Art and Auction House Schloß Hagenburg GmbH, September 2009
*** Translated with www.DeepL.com/Translator (free version) ***
