Conditions of sale
1. The auction of the objects takes place publicly and voluntarily in the name and for the account of the consignor. K&K - Auctions in Heidelberg - hereinafter referred to as the "auction house" - acts as the consignor's representative. Goods that are owned by the auctioneer and put up for auction are specially marked in the catalog.
2. The auction house reserves the right to combine or separate items [catalog numbers, lots] or to call them up in a different order. The auction house also retains the right to withdraw catalog numbers - especially if there are any doubts about factual or legal issues. Absentee bids for lots that are combined or withdrawn, are thereby invalid.
3. Bids submitted by telephone, as an absentee bid and orally are equivalent. If several bids with the same amount have been submitted, the bid submitted first applies. If there are any doubts that cannot be resolved immediately during the auction, the decision is made by drawing. In the event of differences of opinion about a call between the bidders, the auctioneer has the right to withdraw the lot and, if necessary, to call it up again.
4. The lots are generally called up with their reserve prices. In case of objects without a reserve price, with at least € 20, provided there are no higher absentee bids.
5. The prices shown are in euros [€]. The purchase price consists of the hammer price plus buyer's premium and statutory turnover tax. In the case of surcharges via third-party platforms (lot-tissimo or Invaluable), their sales commissions are also added.
6. The rate of increase for bids is 10%, whereby it is at the discretion of the auctioneer to choose a different rate of increase if necessary.
7. Principally the bid is accepted if no higher bids are submitted after three calls. The auctioneer can revoke or reject the bid with justification. If a lower bid is submitted for an item with a reserve price, the auctioneer is free to reject the bid or to accept it at a conditional hammer price. In the event of a conditional acceptance, the bidder remains bound by his bid for three weeks after the end of the auction. If the auction house does not accept the bid in a written form during this period, the consignor's approval for the reservation bid is deemed not to have been granted and the purchase contract is not concluded.
8. Absentee bids must be submitted to the auction house by 6 p.m. on the evening before the auction day at the latest. Absentee bids received later can, but no longer must be considered. In the case of telephone and absentee bids, the catalog number is the binding information to be able to assign and execute the bid. The auction house will only use absentee bids for the amount that is necessary to outbid other bids by one step.
9. In the case of bidders by telephone, the auction house cannot guarantee that the line will be established at the time of the call. The risk that the bidder cannot be reached or that there is a line fault lies with the bidder. If the line fails during the bidding process, only the bid amount last called applies, not a possible maximum amount mentioned before or during the phone call with the auction house employee.
10. The requirements for telephone bidders under section 9 also apply mutatis mutandis to online bidders as well as to absentee bids received through the internet portals lot-tissimo and Invaluable. In the case of bidders from the portals mentioned, the auction house is not liable for the transmission of bids. Bids by e-mail will only be accepted in exceptional cases if verified by the auction house, otherwise they will be rejected.
11. The auction house reserves the right to reject bids. This applies especially if a bidder is not known to the auctioneer, if his bid was submitted by e-mail or fax without a signature or without an original sent later and / or no security was given. The auction house reserves the right to only accept bids with the usual security deposit in banking (e.g. ID documents, credit card).
12. In addition, the customer is requested to comply with the identification obligation under the Money Laundering Act (GwG). Accordingly, the customer and / or a beneficial owner standing behind the customer is obliged to provide the information and documents necessary for identification and to notify the auction house immediately in a written form of any changes arising in the course of the business relationship.
13. The data of the bidders are processed and protected in accordance with the statutory data protection regulations. Users of third-party portals should contact these regarding their regulations.
14. A buyer's premium of 21% plus statutory sales tax (currently a total of 24.99% on the hammer price) is to be paid on top of the hammer price.
15. For works of art that result in a resale right tax, the consignor must assume this tax and reimburse it to the auction house. The share of the proceeds from the sale is 2.5%. The total amount of the resale right remuneration from a resale is a maximum of € 12,500 per work of art. If the hammer price is below € 400, no tax is to be paid.
16. If a bidder wishes to submit a bid on behalf of a third party, he must indicate and disclose his role as a representative in a written form, stating the name of the third party, before submitting the bid. If no representation was indicated, the contract is deemed to have been concluded with the bidder. A subsequent approval of the representation is not possible.
17. The auction house's guarantee for faults and defects in the object of purchase is excluded. The items are used. Before the auction, there is sufficient opportunity to inspect and examine the items to be auctioned.
18. Information in the catalog is not a guarantee of properties but serve exclusively to describe and identify the item.
19. Any warranty claims by the buyer due to used items expire one year after the end of the year in which the bid was accepted. If the buyer is a merchant, his warranty claims expire six months after the knockdown date. The same applies if the buyer is otherwise a trader or freelancer.
20. In addition, the auctioneer is only liable for his own willful, gross negligence and for willful and gross negligence on the part of his legal representatives, his vicarious agents, and his managerial staff. Furthermore, the liability for simple negligence is limited to the amount of the respective surcharge. There is only liability for negligent conduct on the part of the auctioneer, his representatives, or vicarious agents if this concerns the violation of main obligations (essential contractual obligations). These provisions apply accordingly to the limitation of the obligation to pay compensation for expenses.
21. Without prejudice to the exclusion of the auctioneer's guarantee, the auctioneer undertakes to submit complaints of defects by the buyer to the consignor in time within the statutory warranty period, provided that it is not impossible for him for actual reasons. The transmission does not justify a legal claim to cancellation of the purchase contract.
22. The descriptions and information in the catalog and on the auction house's website, made to the best of our knowledge and belief, are not part of the contractually agreed quality, thus no quality information according to §§ 434 ff BGB (German Civil Code), nor assurances or guarantees in the legal sense. They are for informational purposes only. This also applies to condition reports and other information in oral and written form, unless liability is expressly assumed for this. Certificates or confirmations from the artists, their estates or the relevant experts are only subject of the contract if they are expressly mentioned in the catalog text. The state of preservation is not consistently mentioned in the catalog, so that missing information does not justify an indication of the condition.
23. The estimated prices given in the catalog serve only as an indication of the market value of the items to be auctioned - with no guarantee of correctness. Information given by telephone by the auctioneer during or immediately after the auction about transactions relating to the auction, particularly about knockdowns and hammer prices, are only binding if they are confirmed in writing.
24. If a reserve price is mentioned in the auction or consignment conditions, this denotes the minimum hammer price agreed between the consignor and the auction house, considering the provisions listed in the consignment contract. If no minimum price has been agreed, the auctioneer sets an estimated price and a reserve price. In the event of non-sale, this reserve price is also the offer price in the three-week post-sale, unless the consignor expresses otherwise.
25. All items are sold in the state in which they were when the bid was accepted. The auction house reserves the right to correct the information in the catalog and on the internet about the items to be auctioned. This correction is made by correcting the online catalog, posting it in writing at the auction site or orally by the auctioneer immediately before the auction of the individual object. The corrected information takes the place of the previous description. It also applies to them that they do not represent any guarantees or contractual, warranted information on properties (see above).
26. Claims for damages by the buyer against the auctioneer, his representatives, employees, vicarious agents, or vicarious agents in connection with the auction or the conclusion or execution of the purchase contract - regardless of the legal reason - are excluded.
27. The knockdown obliges to accept and pay the hammer price plus buyer's premium plus sales tax. The risk passes to the buyer when the bid is accepted, the transfer of ownership after payment. The buyer is obliged to fulfill in advance. The place of fulfillment is the location of the auction.
28. Payments are to be made in cash and in euros to the auction house, which is authorized to receive. Payments with EC cards only become effective once they have been credited. Credit card payments are not accepted. The objects will only be handed over on the day of the auction after the auction has ended. Buyers who are not present will receive an invoice, which must be paid immediately. When paying in a foreign currency, any exchange rate risk and all bank charges are borne by the buyer.
29. The right of withdrawal and right of return for distance selling contracts does not apply to absentee bids, telephone and internet bids, unless the bid was made in the context of a "online only" auction.
30. The objects are to be received at the auction house. Shipping is only carried out on behalf of the buyer and at his own risk and expense. If the buyer does not specify a shipping company, the auction house will select one. It should be noted that the shipping companies (e.g. DHL) assume no liability for antiques. If a liability of the shipping company is desired, the shipping company must be chosen by the buyer. Shipping will only take place after receipt of the shipping costs. There is no entitlement to delivery by cash on delivery.
31. The buyer is obliged to collect the bought item no later than six weeks after the knockdown. However, the auction house is not obliged to hand out the item to the buyer before full payment has been made. Ownership is only transferred to the buyer after the purchase price has been paid in full.
32. The auction house will store the bought item at its own expense for a period of six weeks, calculated from the date of knockdown until it is picked up. Thereafter, the auction house has the right to store the item at a storage company at the expense of the buyer. Alternatively, the auction house can store the item in its own premises for a monthly rate of € 10 for small objects or € 20 for bulky objects, e.g. large paintings or furniture per month or part thereof. These conditions also apply to unsold and unaccepted goods. See here HGB § 373 and § 389.
33. If the buyer instructs the auction house to ship the bought item, the auction house will ensure that the work is properly shipped to the buyer or the recipient named by him, provided that the purchase price has been paid in full. The buyer bears the costs for packaging, shipping and, if applicable, insurance. (see also section 30)
34. The buyer can only offset undisputed or legally established claims against the auction house. Offsetting against claims against the consignor is not permitted if the consignor does not agree.
35. The auction house reserves the right of contractual withdrawal from the purchase contract in those cases in which it turns out that the auctioned object comes from a robbery, it is looted or stolen art, from an expropriation from the time of the Third Reich originates, or violates other legal provisions. The objects to be auctioned were not checked for their export possibility. This is the responsibility of the bidder, and the auction house will assist on request. There is no entitlement to export from Germany.
36. If the purchase price has not yet been paid within the specified period after receipt of the invoice, default occurs. Two months after the occurrence of the delay, the auction house is entitled and, at the request of the consignor, obliged to give the name and address of the buyer. If the buyer is in default with the payment of the purchase price, the auction house can withdraw from the contract after setting a grace period of two weeks. This means that all rights of the buyer to the auctioned item expire. After declaring the withdrawal, the auction house is entitled to demand compensation from the buyer. The compensation includes particularly the commissions lost by the auction house, costs incurred for catalog images and the transport and storage costs incurred until the art object is returned or auctioned again. The auction house has the right to exclude the defaulting buyer from future auctions and to pass on his name and address to other auction houses and portals for blocking purposes.
37. The auction house is entitled to collect purchase money, purchase arrears, additional services, and other costs on behalf of the consignor, if necessary, in its own name or to sue them in court.
38. The bidder is liable for any damage caused by him in the auction hall. The auction house exercises domiciliary rights through the auctioneer and his employees. They have the right to expel bidders without giving reasons and thus the possibility of bidding. This is especially true for people who disrupt the process. In the event of interjection, the bidder is liable for the damage caused thereby. The house and hall rules on display apply.
39. In business transactions with business people who do not belong to the traders named in Section 4 of the German Commercial Code (HGB), with legal persons, with special funds under public law and with persons who are based abroad, it is agreed that the place of performance and jurisdiction is Heidelberg. Otherwise, the place of performance for both services is the auction location.
40. The law of the Federal Republic of Germany applies to the legal relationship between the auctioneer and the buyer. The application of the law on the international purchase of movable property as well as the uniform law on the conclusion of international sales contracts for movable property is excluded.
41. Should one or more provisions of these conditions be or become ineffective, the validity of the remaining provisions remains unaffected. The ineffective provision is to be replaced by an effective provision that comes closest to the economic content and purpose of the ineffective provision.
42. As long as catalog owners, auction participants and bidders do not express themselves to the contrary, they assure that they will use the catalog and the objects depicted in it from the time of the Third Reich only for the purposes of civic education, the defense against unconstitutional efforts, art or science, for research or teaching or reports on current affairs or history or similar purposes (Sections 86a, 86 of the Criminal Code). The auction house, its auctioneers and consignors offer and sell these items only under these conditions. Reference is made to sections 130, 189 of the Criminal Code (StGB).
43. If the conditions of sale are in languages other than German, the German version is always authoritative. The law of the Federal Republic of Germany applies exclusively. (see also sections 39 and 40)
44. These conditions of sale replace the previous conditions of sale and apply if they are not replaced by newer conditions.
Heidelberg, February 19, 2021
