The translation of these conditions of sale is provided for information only; the German original is the decisive version. Purchase implies unconditional acceptance of the following conditions of sale:
An ‘Online Only Auction’ is a pure sales auction and is neither an auction open to the public according to § 312 g para. 2 no. 10 BGB, nor a classic auction according to § 34 b Gewerbeordnung, § 156 BGB.
The sale is voluntary. Quittenbaum Kunstauktionen GmbH (hereinafter referred to as the Seller) acts in its own name but solely for and in the interest of the Seller.
Buyers have no right to be informed of the name of the Sellers.
The transmission of a bid takes place exclusively via the Quittenbaum website. A bid submitted is binding for the customer. The confirmation of receipt of the submitted bid does not constitute a binding acceptance of the bid.
Bids can be placed within a specified period of time. Customers can place a maximum bid. This amount is automatically only used up to the amount necessary to outbid all competing bids. At the end of the auction, the lots close automatically every minute. The right to change the closing time is reserved. A competing bid placed in the last 3 minutes before the closing time automatically extends the bidding time of a lot by 3 minutes. This extension will continue indeterminately until no new competing bid is received for a period of 3 minutes or the mentioned period has already been extended 40 times.
The seller assumes no liability for technical problems, such as company firewalls, disturbances of the internet connection or the software, as far as he is not responsible, because these are beyond the control of the seller and therefore cannot be completely excluded. This applies in particular to damage caused by such disruptions that prevent the submission of the purchase price bid or render it impossible to submit it in time. If no bids can be placed temporarily due to a disruption, the seller reserves the right to extend the auction period by the duration of the disruption.
The items for purchase are not available for inspection prior to the purchase. They are, without exception, used and of some age. The actual condition of the items, corresponding to their age and used state, is expressly never described in the catalogue, but is agreed specification (German Civil Code Section 434 para. 1, sent. 1). Illustrations in the catalogue may not faithfully reflect the accurate colour(s) of the item. All descriptions in the catalogue, including those pertaining to geographical provenance of items, have been made with due care and in good faith for informational purposes only. They do not constitute any agreement on the condition of goods and do not give rise to any guarantees in the legal sense. This applies even when items are highlighted in the catalogue either visually or by other means and / or given special prominence beyond the catalogue for advertising or similar purposes. Only the catalogue details regarding authorship, signature, material, restoration and provenance are agreed specifications; a special guarantee, from which further rights of the Buyer result, is expressly not assumed by the Seller with regard to the corresponding condition. The agreement on authorship, signature, material, restoration and provenance also does not constitute a stricter liability than that provided for by law, cf. §§ 276 para. 1, 443, 477 BGB. No liability is assumed for the functionality and safety of electrical equipment. Condition reports submitted at the request of the interested party serve only to provide more detailed information about the external condition of the item in the Seller’s estimation. If the Buyer can prove to the Seller, within one year after the sale – before the end of the period of limitation and subject to an intentional infringement of rights – that catalogue details concerning authorship, signature, material, restoration and provenance are incorrect, the Buyer will be refunded the entire purchase price (hammer price; premium; value added tax; Additional Premium), given the reciprocal and simultaneous return of the purchased item by the Buyer. Or, alternatively, upon the Buyer’s request, the purchase price can be reduced. The Seller shall be held liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent violation of duty by the Seller or a legal representative or vicarious agent of the Seller. Furthermore, the Seller is liable for the slightly negligent violation of essential obligations. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the Buyers habitually rely. In this case, however, the Seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be held liable for the slightly negligent violation of duties other than those mentioned in the preceding sentences. The above limitations of liability do not apply in the case of injury to life, body and health for a defect after the acceptance of a guarantee, for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
With the purchase arises the obligation to pay the purchase price and remove the purchased item. The risk of any loss, damage, confusion, etc. shall pass to the Buyer upon the purchase. The Buyer must collect and remove the purchased item within ten working days from the Seller’s premises, otherwise the Buyer will be found in default of acceptance. In this case, the purchased item will be moved to a storage contractor for storage, at the Buyer’s expense. Until the purchase price and any other expenses are paid in full, the Seller is not obliged to hand over the purchased item to the Buyer or the forwarding agent commissioned by the Buyer. Pick ups must be announced to the seller at least five working days before pick up.
All price quotations within the context of the ‘Online Only’ auction as well as the bids placed within the context of the ‘Online Online Auction’ are exclusive of a buyer’s premium.
The purchase price is made up of the hammer price, a premium of 25% and VAT, which is levied on the hammer price and premium at the prevailing applicable statutory rate (standard taxation). Alternatively, it comprises the hammer price plus a buyer’s premium of 32%, including statutory VAT that is not listed separately on the invoice (differential taxation). Unless otherwise indicated on the items, the purchase price is, by default, subject to differential taxation; items whose estimated price is marked with * are subject to statutory VAT. Furthermore, the Buyer is obliged to pay a proportion of the Additional Premium paid by the Seller to the Verwertungsgesellschaft Bild-Kunst [German association for reproduction rights in the visual arts] as compensation for the droit de suite (Artist’s Resale Right Regulations) (German Copyright Act, Section 26), in respect of all original works of fine art whose author is a member of the VG Bild-Kunst, the sum payable being 1.5 % of the hammer price.
No VAT will be charged for purchased items that are to be shipped to countries outside the European Union (EU) or within the EU where the Buyer is a company with a sales tax identification number. VAT will be refunded to foreign Buyers upon receipt of proof of export. The Buyer is responsible for complying with all import or export regulations that may be necessary.
The purchase price, i.e. the final price (knockdown + premium + or incl. VAT + Additional Premium) is due with the fall of the hammer. The buyer must pay the final price in Euro. Optionally, cash, bank transfer, debit card or credit card (Amex, Diners, MasterCard and Visa) is accepted up to a total purchase price of 5.000,00 EUR with a surcharge up to 3,0%, depending on the card. Payments are due within 10 days of the invoice date.
If the Buyer defaults either on acceptance of the purchase or payment of the purchase price in full, the Seller may choose to demand either fulfilment of the purchase contract or damages for non-performance. The Buyer is in default 10 days after billing. If the Seller demands fulfilment, he is entitled to the purchase price plus compensation for damage caused by delay. This includes any exchange rate losses, loss of interest and costs of legal action. If the Seller claims compensation due to non-fulfillment, he is entitled to put the item on sale again, whether by auction or direct sale, at some future point. Upon the fall of the hammer or the conclusion of a new sale, the rights of the previous Buyer expire. The Buyer is liable for any shortfall, has no claim to any surplus receipts and will not be allowed to register for a future sale.
Successfully purchased items shall be shipped only after cash payment has been effected. If payment is not received on time, the Buyer is liable for any damage suffered as a result. Payment may not be deferred. In the case of arrears, interest is charged at the standard bank rate. The Buyer reserves the right to prove minor damage.
The seller stores all objects after the expiry of ten working days after invoicing. Any items that have not been claimed within this period may, after this period has expired, be stored by the Seller with a storage contractor in the name and for the account of the Buyer, and at the Buyer’s risk. The Buyer can choose to collect the purchased items personally, have them collected by a person so authorised in writing or engage a shipper of their own choice.
The Buyer has the right to revoke this contract within fourteen calendar days without giving any reasons. The cancellation period is fourteen days from the day on which the Buyer or a third party designated by him, other than the carrier, takes physical possession of the lot. If several lots were purchased under a single order, the cancellation period shall begin on the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, takes possession of the last of the lots. In order to exercise the right to cancel, the Buyer must inform Quittenbaum Kunstauktionen GmbH, Theresienstrasse 60, 80333 Munich, telephone 089-27370210, fax 089-273702122, email firstname.lastname@example.org, of their decision to cancel this contract by a clear statement (e.g. a letter sent by post, a fax or an email). In order to comply with the cancellation period, it is sufficient for the Buyer to send the notification concerning the exercise of the right to cancel before the cancellation period has expired.
If the Buyer cancels this contract, the Seller reimburses to him all payments which he has received from him, including delivery costs (with the exception of any additional costs resulting from the Buyer choosing a different type of delivery than the least expensive type of standard delivery offered by us, provided that we have invoiced you for such delivery costs), immediately and not later than fourteen days from the day on which the Seller has received notification of the cancellation of this contract. For the reimbursement, the same means of payment that the Buyer used for the initial transaction will be used, unless expressly agreed otherwise; in any event, the Buyer will not be charged any fees as a result for this reimbursement. The reimbursement may be withheld until the lot(s) has/have been received back or until evidence that the lot(s) has/have been sent back has been provided, whichever is earliest. The lot shall be sent back or handed over without undue delay and in any event no later than fourteen calendar days from the date on which the Buyer has notified the Seller of the cancellation. This deadline is met if the lot is sent back before the expiry of the fourteen-day period. The Buyer shall bear the direct costs of returning the lot. He shall only be liable for any diminished value of the lot if this loss in value resulting from the handling of the lot other than what is necessary for testing its condition, properties and functionality. The buyer is not entitled to the right of cancellation if he has acted as an entrepreneur.
According to the GwG (Money Laundering Act), the seller is obliged to identify the Bidder/Buyer or the person interested in an acquisition as well as, if applicable, one acting as representative for them and the “beneficial owner” within the meaning of § 3 GwG for the purpose of executing the order and to record and keep the data collected and information obtained. The Bidder/Buyer shall be obligated to cooperate in this regard, in particular to present the required identification documents (identity card). The Seller shall be entitled to make a copy/scan/image file of the above-mentioned documents in compliance with the provisions of data protection law. In the case of legal persons or private companies, the excerpt from the commercial or cooperative register, a comparable official register or directory shall be requested. The Bidder/Buyer or person interested in the acquisition affirms that the identification documents and information provided by them for this purpose are correct and that they or the person they represent is the “beneficial owner” pursuant to § 3 GwG.
Visitors to the premises, especially in the case of previews, will be held liable for any damage caused.
Quittenbaum Kunstauktionen GmbH stores the address supplied by the Buyer exclusively for purposes of transaction and execution of the orders placed, for further queries and customer support. The data, which are stored in Quittenbaum’s customer database, are handled in accordance with the statuary provisions (in particular, the Federal Data Protection Act). The Buyer may withdraw their consent at any time to the use of their personal data for marketing purposes by sending informal written notice to that effect by post to Quittenbaum Kunstauktionen GmbH, Theresienstrasse 60, D-80333 München, or by email to email@example.com. This right of withdrawal applies equally to the Buyer’s consent to the future processing of their data after the purchase has been transacted.
The law of the Federal Republic of Germany shall apply exclusively.
Insofar as this is legally permissible, Munich is agreed upon as the place of performance and the place of jurisdiction.
Should one or more provisions of these ‘Online Only-sale‘ conditions be or become invalid, the validity of the remaining provisions shall not be affected.
If the terms and conditions of ‚Online Only-sales‘ are available in several languages, the German version shall always prevail.
Die technische Speicherung oder der Zugang ist unbedingt erforderlich für den rechtmäßigen Zweck, die Nutzung eines bestimmten Dienstes zu ermöglichen, der vom Teilnehmer oder Nutzer ausdrücklich gewünscht wird, oder für den alleinigen Zweck, die Übertragung einer Nachricht über ein elektronisches Kommunikationsnetz durchzuführen.
Die technische Speicherung oder der Zugriff ist für den rechtmäßigen Zweck der Speicherung von Präferenzen erforderlich, die nicht vom Abonnenten oder Benutzer angefordert wurden.
Die technische Speicherung oder der Zugriff, der ausschließlich zu statistischen Zwecken erfolgt.Die technische Speicherung oder der Zugriff, der ausschließlich zu anonymen statistischen Zwecken verwendet wird. Ohne eine Vorladung, die freiwillige Zustimmung deines Internetdienstanbieters oder zusätzliche Aufzeichnungen von Dritten können die zu diesem Zweck gespeicherten oder abgerufenen Informationen allein in der Regel nicht dazu verwendet werden, dich zu identifizieren.
Die technische Speicherung oder der Zugriff ist erforderlich, um Nutzerprofile zu erstellen, um Werbung zu versenden oder um den Nutzer auf einer Website oder über mehrere Websites hinweg zu ähnlichen Marketingzwecken zu verfolgen.