Terms and conditions of auction

By participating in the auction, the following terms and conditions are recognised:

1.
The auction is carried out voluntarily; it is carried out in the name of and on account of the client. Only such persons who possess a bidder number and a catalogue are permitted to participate in the auction. It is therefore guaranteed that the consignor and the successful bidder can be identified in both directions.
 
2.
All objects on auction can be viewed and checked before the auction. The items are used. The catalogue descriptions are made with best knowledge and conscience and represent no guarantees in the legal sense.
 
2.1.
The purchaser cannot claim against the auctioneer because of material defects, if he has satisfied his duty of care. If the purchaser makes justified notices of defects within the prescription period of 12 months since the acceptance of the bid is issued, the auctioneer is obligated to claim against the consignor. In the case of a successful claim against the consigner, the auctioneer reimburses the purchaser with the purchase price. The purchaser remains obligated to pay the premium as a service fee.
 
2.2.
Insofar as the purchaser has not yet paid the purchase price, there is no making of claims outside of the discussion of defects.
 
2.3.
Claims for compensation for damages according to 280 BGB [German Civil Code] are excluded unless the auctioneer breached the obligation with intent or gross negligence.
For other defective performances, the auctioneer is also only liable for intent or gross negligence. This exclusion of liability also applies for the personal liability of the legal representative, the managing employee of the auctioneer, as well as the persons assisting in the performance of obligations and vicarious agents of the auctioneer.
 
3.
The auctioneer has the right to combine or split numbers, to offer them outside of the sequence or to withdraw them.
 
4.
The bid is accepted after the highest bid is called 3 times; as a rule the price will rise 10%, but by at least € 5. If the limit is not reached or a lower bid below the reservation is accepted, the bidder remains bound to his bid for 4 weeks. If disputes arise about the acceptance of the bid, the respective exhibit will be called out again; this also applies if a higher bid was overlooked.
 
5.
The acceptance of the bid makes acceptance and immediate payment of the purchase price to the auctioneer obligatory. With the acceptance of the bid, possession and risk are transferred directly to the purchaser, but ownership not until full payment. Storage and shipping are carried out exclusively at the cost and risk of the successful bidder.
 
6.
A surcharge of currently 19% shall be charged on the price of the accepted bid, plus 19% VAT on the surcharge (total 22.61%). For catalogue items marked with #, a surcharge of 19% shall be made; the statutory value-added tax of 19% shall be added to this net price (accepted bid price + surcharge) for paintings, watercolours, drawings, original graphic arts, plastics and collections, and 19% for works of art and photography. Exports to third countries (outside the EU), and companies in EU member states who submit the VAT identification number are released from VAT. If a good successfully bid for shall be taken by the auction participant to a third country himself, the VAT shall be paid as soon as the Geble Auction House is provided with the export papers and buyer identification. The purchaser is to pay the invoice amount to the auctioneer immediately after the accepted bid is received; in the case of delays in payment, interest of 2% shall be charged for each month started. If the payment is not made or the acceptance can be refused, the object shall be auctioned again at cost to the purchaser. The purchaser is however liable for the loss; he has no claim to additional proceeds. He is therefore not released from his obligation to accept and pay until the exhibit is resold and paid for.
 
6.1.
Live bidding through external online platforms entails a transaction fee stipulated by the platform and will be added to the premium (+3%).
 
7.
On the basis of the statutory requirements of the ?VG Bild-Kunst?, a droit de suite for the purchaser shall be payable for the works marked with * in the catalogue. This amounts to 2% for accepted bids from €400 to € 50,000; 1.5% for accepted bids up to € 200,000; 0.5 % up to € 350,000 and 0.25 % for accepted bids up to € 500,000. Corresponding items are marked in the catalogue and the invoice. If objects of the Third Reich are auctioned, the following applies: If interested parties say nothing to the contrary, it shall be bindingly promised that the objects on offer are only purchased for the purposes of public information, resistance to efforts in breach of the constitution, research in art and science or history and events of the day. The Auction House only offers such items under these requirements and only hands them over accordingly.
 
8.
For customers who cannot personally take part in the auction, written orders shall be accepted and interest shall be taken seriously by the auctioneer. The orders must be submitted 24 hours before the start of the auction. Written bids are the highest bids; a lower price can therefore also be accepted. The following applies for telephone bids: The order must be submitted 24 hours before the start of the auction; they are possible from a limit of € 200, whereby the limit is bid through the telephone assignment. The auctioneer cannot however guarantee that a telephone connection will be established. When purchasing through a written order, the total purchase price is due after receipt of the invoice. Incorrect information in the written order shall be charged to the client. Storage in the auction room and all adjacent rooms at own risk. The auctioneer is not liable for material damages or personal injury of any kind. Any trade and further sale of objects successfully bid for is not permitted in the auction rooms.
 
9.
The place of performance for both parts is Radolfzell. The court of jurisdiction is Radolfzell if the purchaser is a registered trader, a body corporate organised under public law or a legal entity under public law, or the purchaser is not domiciled within the jurisdiction of German law, or his residence is not known at the time the claim is made. The legal relations are based on German law to the exclusion of the Uniform Law on the International Sale of Goods and the Uniform Law on the Conclusion of International Purchase Contracts Regarding Goods.
The statutory provisions regarding distance selling ( § 312 b et. seq. BGB [German Civil Code] ) do not apply.
 
10.
The provisions at hand apply in the general sense also for the subsequent private contract purchase of auction goods. Should one of the provisions be wholly or partly ineffective, the validity of the remaining provisions remains unaffected by this.
 

General information

Disabled persons attending the auction in person are asked to fill out the attached order form. The price marked on it is the highest bid ? the accepted bid can therefore also be a lower price. The orders must be submitted by the close of inspection ? in doing so the catalogue number given is binding and not the title of the object.

You can also make your bid by fax ( +49 77 32 / 97 11 98).

The following applies for telephone bidders: Your signed and completely filled in auction order must be submitted to us 1 day before the auction. We then call you at the appropriate time (only for limits from € 200).

The following applies for new customers: Submission of a cash account or a current confirmation of creditworthiness from a bank.

It is only possible to pick up the objects successfully bid for on the day of the auction for foreign bidders and only in limited circumstances (no furniture).

If objects successfully bid for are not picked up after 8 days from the date of invoice, a storage fee of € 2 / day and item shall be incurred. Larger objects shall be stored by a carrier of our choice at the cost of the successful bidder.

Packaging and shipping of the goods successfully bid for is carried out through: Mail Boxes Etc., e- mail: info@mbe-kn.de


January 2015
AUKTIONSHAUS GEBLE GbR, Schützenstr. 15, D-78315 Radolfzell, T: +49 7732 971197, F: +49 7732 971198
info@auktionshaus-geble.de