Conditions of sale
By participating in one of our Live Online 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.
2. The bidders must register as bidders before the auction. Unknown bidders are required to provide a copy of the identity card.
3. Bids can be made in writing (by fax, letter or scan), online on the auctioneer's website, or via other internet auction platforms. The contract is concluded by the auctioneer. The bid is accepted if there is no higher bid after three calls.
4. The auctioneer has the right to combine and separate items or auction them in a different order or withdraw them altogether.
5. All items 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. The auctioneer assumes no liability for faulty translations of the catalogue texts from German into other languages. The auctioneer reserves the right to correct catalogue information in good time before the start of the auction.
6. 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 / images 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.
7. The auctioneer assumes no liability for defects, insofar as he has not intentionally or grossly negligently breached his due diligence without his vicarious agents. 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.
8. For all kinds of telecommunication no guarantee can be given.
9. The prices listed in the catalogue shall be start prices. During bidding items are increased by approximately 10 %. 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.
10. The buyer is responsible for obtaining any necessary CITES certificates or export permits.
11. Payments shall be made in EUR (€) immediately after invoicing. Payments by the buyer are generally only made by transfer to the auctioneer to an account specified by him. The fulfillment effect of the payment only occurs with the final credit to the auctioneer's account. Payments by credit card (Visa, Master, Amex) are only possible up to an amount of EUR 1,000. All costs and fees for the transfer (including the bank charges deducted from the auctioneer) are borne by the buyer, insofar as this is legally permissible and does not fall under the prohibition of § 270a BGB. Ownership only passes to the Purchaser once payment has been made. The auction item will be delivered once this has been arranged.
12. 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 and 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.
13. After payment, the object of purchase will be sent to the buyer at his expense and insured. With the handover to the buyer or commissioned shipper, the risk of unjustifiable loss and damage passes to the buyer.
14. 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, points 5, 6 and 7 apply.
15. If the buyer is a consumer according to § 13 BGB, he has a legal right of withdrawal. Cancellation instructions and cancellation form are available here. In the event of cancellation, the consumer bears the cost of the return.
16. All bidders are to purchase under their own name and on their own account.
17. a) Packing and transportation
The packaging and shipping of auctioned items is done at the expense and risk of the buyer. We do not offer shipping for objects from a size of 60 cm and larger, as well as for fragile objects, ceramics and framed pictures. We recommend picking up the goods yourself, but we would be happy to help arrange a shipper. For all other items, packaging and shipping are a non-binding service from our company, and is a flat rate of 50 Euros within Germany, 80 Euros flat rate within Europe and the rest of the world 50 Euros plus weight and volume-dependent shipping costs.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.
b) "Will collect"
The item must be collected immediately, at latest 14 days after termination of the offer and purchase of the item by the Buyer. If the Buyer defaults in this obligation, failing to collect the item and letting a deadline that has been set expire to no avail, or if the Buyer firmly and finally refuses collection, then the Seller may withdraw from the purchase contract and demand compensation, subject to the provison that it is allowed to sell the item again and assert its losses in the same way as in cases of a buyer defaulting in payment (see Item 7 below), without the Buyer being entitled to any extra proceeds from the renewed sale. Moreover, in the event of default the Buyer also owes reasonable compensation for all the recovery costs incurred by its delay. The Buyer opts for collection or dispatch after making its auction purchase.
c) 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.
d) 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.
18. Place of performance and jurisdiction for both is Wurzburg, to the extent permitted by law.
19. These terms and conditions are governed by German law. The UN Convention on the International Sale of Goods (CISG) shall not apply.
20. Should any clause in these terms and conditions prove to be void, the other clauses will remain in force. Section 306 (2) of the German Civil Code (BGB) is applied.
21. These general terms and conditions are available in German and English. The German version always takes preference, whereby only German law is valid for the meaning and interpretation of the terms used in these terms and conditions.
Shipping Terms
The packaging and shipping of auctioned items is done at the expense and risk of the buyer. We do not offer shipping for objects from a size of 60 cm and larger, as well as for fragile objects, ceramics and framed pictures. We recommend picking up the goods yourself, but we would be happy to help arrange a shipper. For all other items, packaging and shipping are a non-binding service from our company, and is a flat rate of 50 Euros within Germany, 80 Euros flat rate within Europe and the rest of the world 50 Euros plus weight and volume-dependent shipping costs.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.
