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:
- The sale is voluntary. Quittenbaum Kunstauktionen GmbH (hereinafter referred to as the Auctioneer) acts in its own name but solely for and in the interest of the Seller.
- Bidders (also called Buyers) have no right to be informed of the name of the Sellers.
- The post auction sale is in Euro.
Viewing, Catalogue Description and Auctioneer Liability
- The items in the post auction sale are 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 either in the catalogue or on the internet, but is agreed specification (German Civil Code Section 434 para. 1, sent. 1). Colour reproductions in the catalogue may not faithfully reflect the accurate colour(s) of the item. All descriptions in the catalogue 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. Only the catalogue details regarding authorship, signature, material 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 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 and ‘provenance’ are incorrect, the Buyer will be refunded the entire purchase price (limit 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 lot. The risk of any loss, damage, confusion, etc. shall pass to the Buyer. The Buyer must collect and remove the lot within ten working days from the Auctioneer’s premises, otherwise the Buyer will be found in default of acceptance. In this case, the lot 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 Auctioneer is not obliged to hand over the object to the Buyer or the forwarding agent commissioned by the Buyer.
- The purchase price is made up of the limit price, a premium of 26% and VAT, which is levied on the limit price and premium at the prevailing applicable statutory rate (standard taxation). Alternatively, it comprises the limit price plus a buyer’s premium of 33%, 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 (limit price + premium + or incl. VAT + Additional Premium) is due with the date of purchase. Buyers present in person have to pay the final price immediately to the seller in euros. We accept cash and debit card. Payment via 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. In case of later collection, the amount can also be paid via bank transfer. Payments from foreign Buyers who purchased in writing, by email or by telephone 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.
Collection of the Purchases
- Successfully purchased items shall be shipped only after 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 from the conclusion of the purchase contract. 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, engage a shipper of their own choice or authorise the Seller in writing to organise the transport of their purchase by a shipping contractor in the name and at the cost and risk of the Buyer. In the latter case, the Buyer authorises the Seller to pass on such data to the shipper as are required to carry out shipment and completion of the purchase.
GwG (Money Laundering Act) and Final Clauses
- According to the GwG (Money Laundering Act), the Auctioneer 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 Auctioneer 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.
- Quittenbaum Kunstauktionen GmbH stores the address supplied by the Bidder 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 Bidder 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 firstname.lastname@example.org. This right of withdrawal applies equally to the Bidder’s consent to the future processing of their data after the purchase has been transacted.
- Visitors to the premises, especially in the case of previews, will be held liable for any damage caused.
- 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 auction conditions be or become invalid, the validity of the remaining provisions shall not be affected.
- If the terms and conditions of sale are available in several languages, the German version shall always prevail.