The following terms and conditions shall be accepted by participating in the auction or the after-sale and free-of-charge sale, in particular by submitting a bid. The conditions apply mutatis mutandis to any other sale outside of auctions.
2nd auction in commission, preview
2.1 The company Schmidt Kunstauktionen Dresden OHG (hereinafter referred to auction house) performs the auction and the after-sale and free-hand sale usually as a commission agent in his own name and on voluntary order and for the account of the client through. A claim for disclosure of the client does not exist.
2.2 All items for auction can be inspected and checked during the specified pre-auction viewing times.
3. Estimated prices, condition, warranty
3.1 The prices quoted in the catalog are non-binding estimates and are intended to serve the buyer only as a guideline of approximate market value of the object offered.
3.2 The objects to be auctioned are invariably used and auctioned in the state in which they are located. In all cases, the actual state of preservation of the object at the time of contract is agreed nature. The auction house is not liable for overt or hidden defects, for written or oral descriptions, estimates or illustrations of objects. These are only for information of the bidder and do not constitute warranted characteristics or guarantees. Defects are only mentioned in the catalog, if in the opinion of the auction house they significantly affect the overall visual impression or the value of the object.
3.3 The Auction House is not liable for the usability or operational safety of objects or their compliance with applicable standards.
3.4 All claims of the buyer are directed against the client of the auction house. The auction house undertakes to forward legitimate complaints of defects to the consignor within the legal deadlines. Warranty claims of the buyer expire after 12 months.
3.5 The auction house reserves the right to correct information about the objects to be auctioned. This correction is made by written notice at the place of auction and verbally by the auctioneer immediately before the auction of the individual object. The corrected information replaces previous descriptions.
4. Tenderers, bidder numbers
4.1 Bidders unknown to the Auction House are requested to legitimize themselves by presenting their identity card and, if necessary, to deposit a current creditworthiness certificate from their bank or a cash depository.
4.2 All bids are deemed to have been submitted by the bidder in their own name and for their own account, the bidder is personally liable and is also liable for the misuse of his bidder number.
4.3 If a bidder submits bids in the name of a third party, he must notify 24 hours before the start of the auction, stating the name and address of the representative and submitting a written power of attorney. In case of doubt, the bidder acquires in his own name and for his own account.
5.1 Applications for written or telephonic bidding or bidding via the Internet must be submitted to the auction house by 6 pm on the eve of the auction in writing using the forms provided.
The application must name the objects to be offered listing the catalog number and the catalog name. In case of doubt, the catalog number is authoritative.
5.2 For written bids, the maximum bid amount is to be named. This is used by the auction house interest-preserving only in the amount that is required to beat another bid submitted. For identical bids, the first bid received takes precedence.
5.3 For telephone bids, the note "telefonisch" must be named instead of the bid amount. Telephone bidders are called by the auction house before calling the designated lot numbers. The auction house recommends the additional deposit of a written maximum bid amount as a security requirement. This is only claimed if a telephone connection fails after several attempts.
5.4 The Auction House accepts no responsibility for the transmission or processing of bids or the establishment of connections.
6. Execution of the auction, subsequent sale
6.1 The Auction House has the right to unite, separate, out of order, withdraw or unsolicited numbers from the catalog.
6.2 The call usually starts below the estimate given in the catalog. Increases are regularly by ten percent. The Auction House may impose other rates of increase which are binding on the Bidder. The contract will be awarded three times to the highest bidder. If more than one bidder simultaneously submits an identical bid, the auction house will decide at its own discretion. If there is any disagreement about the highest bid or knockdown, the auction house may call the item again. A declared bid remains valid until the auction of the object in question is completed.
6.3 The auction house may refuse to accept the contract or give it subject to reservation without stating reasons.
6.4 Bids below the limit price may be added subject to the approval of the client. The bidder remains bound by his bid for four weeks. The Auction House may otherwise sell the item without asking for a higher supplement.
7. Bid price, buyer's premium, taxes, duties
7.1 All bids and surcharges are net prices, which do not include the buyer's commission and any VAT or duties.
7.2 For the majority of the difference-taxed lots, a surcharge of 24% is levied on the hammer price, which includes VAT. This VAT is not shown.
7.3 In the case of objects marked as regular tax, statutory VAT is payable on the hammer price plus a surcharge of 20.17%.
7.4 On the basis of the statutory resale right (§ 26 UrhG), the auction house is obliged to sell to artists Verwertungsgesellschaft Bild-Kunst eV a royalty in the amount of currently 4% of the hammer price. This will be invoiced to the buyer in half. If the accounts have already been invoiced, the auction house is still entitled to demand these fees.
8. Surcharge, retention of title, terms of payment
8.1 The purchase contract is concluded with a surcharge and the hammer price plus the buyer's premium and any applicable VAT, as well as any applicable fees, are due,
8.2 The ownership of the auctioned items is only with complete payment of the final price to the successful bidder (retention of title). The retention of title and right of retention extend to all objects purchased by the buyer and claims against the buyer.
8.3 means of payment is the Euro. Payments are accepted only in cash, by debit card, bank draft, bank transfer or by PayPal.
8.4 Checks are accepted as payment, their acceptance does not affect the retention of title and the goods can in this case be handed over only after receipt of the equivalent value (at the earliest 5 working days after the check has been submitted).
8.5 Fees arising from payments, bank charges or price losses from payments in foreign currency shall be borne by the buyer.
8.6 Invoices issued during or immediately after the auction must be inspected; Mistake is reserved in this respect.
9. Late payment, damages
9.1 The buyer is in default of payment if he does not balance the amount due within 2 weeks of the invoice date.
9.2 If the buyer is in default, the auction house may either demand fulfillment of the purchase contract or withdraw from the contract after a further 7 days and claim damages.
One month after the occurrence of the delay, the auction house is entitled and, upon request of the client, obliged to give this name and address data of the buyer.
9.3 The auction house is entitled to assert and collect in addition to its own all claims of the client against the purchaser in court or out of court.
9.4 If the auction house withdraws from the contract, all rights of the buyer on the auctioned object expire and the auction house is entitled to demand 30 percent of the surcharge as liquidated damages without proof, to auction the object in a new auction or otherwise to sell it to third parties. The defaulting buyer is liable for any loss from the previous auction and for the costs of repeated auction. He has no claim to any additional proceeds. He will not be allowed to be re-auctioned.
9.5 If a buyer does not settle amounts due after the second reminder, the auction house is entitled to transfer his name and address to other auction houses for blocking purposes.
10. Acceptance of the purchased goods, shipping, transport
10.1 The objects are generally handed over only after full payment of all amounts owed by the buyer.
10.2 The Auction House may, at the Buyer's written request, organize the shipment of the Goods at the expense and risk of the Buyer.
10.3 With the transfer of the objects to the buyer or a forwarding agent, the risk of accidental loss or accidental deterioration passes to the purchaser and the limitation period for claims for defects begins. The transfer is the same if the buyer is in default of acceptance.
10.4 The buyer shall be in default of acceptance if he does not pick up the goods within 10 days of the date of invoice or if he gives the auction house a written order or if he is in arrears with the payment.
10.5 From the beginning of the delay the buyer has to bear the costs for storage and insurance of the commodity in the amount of a lump sum of 2.5% of the hammer price per begun month. The claim to the assertion of higher costs or the transfer of the objects to a forwarding company to the account of the buyer remains reserved.
11.1 The auction house may record the auction and bid calls for documentation purposes. By participating in the auction, the bidder declares his consent.
11.2 The Auction House stores, processes and uses the personal data of the Bidder collected in the context of the business relationship exclusively for its own business purposes. Disclosure to third parties is only possible in the context of mandatory statutory provisions or for purposes of legal or criminal prosecution.
11.3 The Bidder may object to the storage of its data at any time with effect for the future and demand the correction, blocking or deletion of such data. Upon request, he / she can obtain free information about the personal data stored about him / her.
11.4 For the exercise of the house right, the business premises of the auction house are video-monitored.
12. Final provisions
12.1 Place of fulfillment and jurisdiction, also for the dunning procedure, is Dresden, as far as this is legally permissible. This also applies to damages claims arising from tort, checks and counterclaims and if the customer or buyer is not established within the scope of German law or if his residence is unknown at the time the complaint is filed.
12.2 The auction contract is subject to German law to the exclusion of UN sales law.
12.3 Verbal collateral agreements do not exist. Changes and additions to these terms and conditions must be in writing to be valid.
12.4 Should one of the above auction conditions be or become ineffective, then it shall be replaced by a provision which corresponds to the purpose and in particular the economic purpose of the ineffective provision; the validity of the remaining auction conditions is not affected.
12.5 The auctioning of objects of the Third Reich is carried out exclusively for civic education, for art, science, research or teaching purposes regarding historical events.