Kunst und Kunsthandwerk, Antiken

12 | CONDI T IONS OF SALE The auction process shall be subject to our General Auction Terms and Conditions. These terms form an integral part of the resulting contracts. The General Auction Terms and Conditions are listed hereinafter and displayed in the auc- tion room. Both by taking part in the auction and by submit- ting bids, you agree to accept the General Auction Terms and Conditions. GENERAL AUCTION TERMS AND CONDITIONS 1. Hermann Historica GmbH (hereinafter referred to as the Auctioneer) shall carry out the auction as an intermediary in the name of and for the account of third parties, as a com- mission agent in its own name and on behalf of consignors, or in its own name and for its own account. The auctions may be conducted on or outside the business premises of Hermann Historica, with physical participation of bidders, by phone, online or by using any other digital or electronic media, in particular dedicated electronic auctioning plat- forms, and also limited to such platforms (“online-only”). 2. The catalogue descriptions and any verbal statements nei- ther constitute nor contain guarantees of any specific char- acteristics. All objects coming up for auction are offered as used. The lots may be viewed and examined prior to the auc- tion. All lots are sold “as seen”, without any guarantee or liability in respect of visible or hidden defects. Once the bid has been accepted, no complaints of any kind may be taken into account. 3. The Auctioneer undertakes to carry out all purchase orders, whether submitted in writing, by phone, email, fax or via an electronic auctioning platform, conscientiously but without assuming liability. The Auctioneer reserves the right to decline or disregard order bids, without giving a rea- son. A maximum bid must be indicated when submitting an offer in writing; however, the Auctioneer will only draw on this in the amount required to outbid other prospective buy- ers by one increment (approximately 5%). In case of identi- cal bids a draw will decide. Phone bidders will be contacted before their requested lot is called if a written order corre- sponding to at least the starting price of the object has been received in good time. Phone bidding will only be permitted in exceptional cases for objects with a reserve of less than €1,000. No liability may be accepted for transmission errors or for difficulties with the phone connection. On electronic auctioning platforms bids are submitted by clicking the plat- form’s “Bid” button, thus submitting the suggested amount required to outbid the previous high bid. In all cases (classic and online-only) it is the auctioneer who assigns the knock- down. The Auctioneer rules out any liability for consequen- tial damage or loss of profit in the event the purchase order is not concluded, provided this was not caused by wilful misconduct on the part of an employee of the Auctioneer. The Auctioneer may refuse to accept any bids in which nei- ther the object nor the amount of the bid can be clearly iden- tified beyond doubt. 4. The Auctioneer reserves the right to combine, separate, exclude, withdraw or rearrange any lot without giving a rea- son. The sale is concluded if no higher bid is submitted after a bid has been announced three times. The Auctioneer is entitled to accept the sale under reserve. If a bid is accepted conditionally, the bidder shall be bound by his bid for four weeks. If the bidder is not awarded the sale without reserve within this period, the bid expires. A written invoice sent to the address provided by the buyer shall be regarded as con- firmation of the acceptance of the bid. Conditionally accepted bids expire without notification or further consul- tation with the reserve bidder. Without giving any reason, the Auctioneer may refuse any bid submitted either in per- son or in writing, if said bidder is unknown to him, has not provided a sufficient deposit or satisfactory references prior to the auction. Likewise, the aforementioned right of refusal also applies to customers whose accounts have not been set- tled in full at the time of the auction. In the event a bid is refused, the second highest bid shall be binding. If several people offer identical bids and, after the third time of asking, no higher bid is forthcoming, a draw shall decide the suc- cessful bidder. The Auctioneer is authorised to retract his acceptance of the bid and award the lot immediately in favour of a particular bidder at his discretion or to offer the object again if a higher bid made at the right time was erro- neously overlooked or if any doubts arise regarding the sale. If the highest bidder wishes to withdraw his bid, the Auctioneer is entitled to accept his bid nevertheless with all consequent rights; however, he may also accept the second highest bid offered or repeat the whole call. At the bidders’ request, any lot that initially remained unsold may be offered again and sold during the day of the auction, or may be transferred into a subsequent online-only auction. 5. The successful bidder is obligated to pay the purchase price to the Auctioneer. The Auctioneer is authorised by the consignor to assert his rights arising from the sale. Prospective buyers submit bids in their own name and for their own account. The purchase price comprises the bid amount, a 25% premium thereof, when bidding through a third-party auction platform their commission, and the costs of insurance, packaging and shipping, if the Auctioneer is commissioned to ship the lots. If the Auctioneer is acting as an intermediary, both the premium and the fees for insurance, packaging and shipping include statutory VAT. The amount of the hammer price shall be determined on the basis of the auction record. The purchase price is due as soon as the bid is accepted and is payable in cash and in Euros. The Auctioneer expressly refers to his duty to verify customer’s ID according to the German Money Laundering Act. For credit transfers or payment by cheque on account of performance, the debt shall only be deemed to be settled when the purchase price has been cred- ited irrevocably and in full to the Auctioneer’s account. Moreover, foreign notes and coins or currencies will only be accepted according to the respective value amount that is finally credited to the Auctioneer’s account by the bank. Shortfalls will be payable, including any fees for cheques or banking charges incurred. Please check our respective fees for payments by credit card. If a bidder acts as an agent for a third party, both may be held personally liable for obliga- tions arising from the contract. This also applies if the invoice is issued in the name of another customer. The Auctioneer shall be exempt therefrom. Invoices issued dur- ing or immediately after the auction are subject to confirma- tion and may subsequently require correction. Any discrep- ancies in the amount shall be payable. 6. Should the buyer fail to fulfil his payment obligations within the specified time limit, he is automatically in default. As a consequence, a minimum charge of €25 will be added to the invoice amount, along with any payment reminder and/or collection fees incurred. At the same time, interest shall accrue at 5% above the base rate p.a. Should the buyer fail to meet his payment obligations, despite receiving a reminder, he shall be liable for the damage caused by his default. If the Auctioneer asserts his right to compensation for non-performance under section 326 BGB (German Civil Code), he is entitled to offer the item for auction again at a later date. Once another buyer is found, all rights granted to the previous buyer shall expire. If the lot is resold, the previous buyer shall be regarded as the consignor and is therefore liable to recompense the Auctioneer’s services; fees to the amount of 20% (incl. VAT) for lots with a ham- mer price of €300 and above, or 30% (incl. VAT) for lots with a hammer price under €300, as well as all additional costs incurred by the renewed sale of the item thus become payable. He shall have no claim to the excess proceeds. The proceeds from the new auction are to be offset against the debt of compensation on receipt of the payment or the credit by the Auctioneer in accordance with section 367 BGB. Moreover, the Auctioneer reserves the right to rescind the contract if the buyer fails to pay the purchase price in full and/or collect his purchases within a reasonable time period set by the Auctioneer. In the event of rescission, the Auctioneer is entitled to demand compensation from the buyer for non-performance. In particular, the claim for compensation includes the commission charges incurred. The Auctioneer is entitled to claim 45% of the hammer price as flat-rate compensation without further verification. Furthermore, the Auctioneer shall be permitted to provide proof of additional damages, particularly where these are higher than the flat-rate compensation. 7. All lots sold must be collected on the same day. Lots pur- chased through the electronic auctioning platform will be shipped once payment (incl. shipping charges, fees and insurance) has been received in full; upon request and agree- ment items can be collected from our warehouse. All risks pertaining to the item (e.g. damage) are transferred to the buyer on acceptance of his bid. As a matter of principle, the auctioned goods may only be delivered on payment of the purchase price. Nevertheless, should an item be released prior to payment of the purchase price, the transfer of own- ership shall be subject to the condition precedent of payment of the purchase price in full to the Auctioneer. Under no circumstances is the buyer entitled to resell or alter the objects in any way. If the purchased items are not collected, the Auctioneer is entitled at his discretion to store the auc- tioned objects at his business premises or at the premises of a third party or to ship them to the buyer, including by cash on delivery. In case of storage at the Auctioneer’s premises, the items shall be stored at the buyer’s own expense and risk from the time his bid is accepted. Storage fees are charged at 0.7% of the total purchase price incl. VAT per calendar month or part thereof. Any third-party storage shall be in the name, at the expense and risk of the buyer. Storage of fire- arms requiring official authorisation, which are subject to a special duty of safekeeping, is charged as a lump sum of €10 per weapon per month. In cases where the buyer is located abroad and import/export permits are required, storage fees will only be charged from the end of the third month after completion of the sale. If sold lots are not collected within a period of 12 months, two collection reminders notwith- standing, the Auctioneer reserves the right to offer these objects for auction once again at the expense and risk of the buyer. In this case, the buyer is regarded as a consignor. Consignment fees, interest, storage costs and other expenses shall be deducted from the proceeds of the auction. Shipping shall be effected at the buyer’s risk and expense. At the buy- er’s expense, the Auctioneer shall insure the objects for ship- ment against the usual transport risks. The buyer under- takes to report any discernible damage to the packaging to