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:
1. KUNST & DESIGN AUKTIONSHAUS SCHOPS TUROWSKI
KUNST & DESIGN AUKTIONSHAUS Schops TUROWSKI (hereinafter referred to as:
‘auctioneer’) auctions in public, voluntarily in its own name on the account of the
seller.
2. 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. he 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.
3. Taking into possession / invoice/ payment / passing of risk
Acceptance of bid obliges to immediate taking into possession and payment. Buyers are obliged to pay within six calendar days upon acceptance of bid or issuing an invoice, whereupon the respective later date is essential. Payment is usually made by bank transfer. At the auction house on site, payment can also be made in cash, by EC or credit card (Master or Visa card). When paying by credit card, an additional fee of 5% of the invoice amount will be charged.
Buyer is in default without reminder after the above payment limit has elapsed.
With handing over of the auctioned item, the risk of random destruction or deterioration of the item lays upon the buyer (passing of risk). If instead of handing over the item such item is send the provision in clause 15 applies. Passing of risk takes place, in the event that no prior handing over of the item took place, at the latest upon default.
If payment takes place in a foreign currency any possible currency losses and/or bank fees have to be paid by buyer. Invoices issued during auction or immediately thereafter are issued with the caveat of review.
Export delivery is exempted from VAT, however, within the EU this applies only to businesses with VAT identification number. Once proof of export and proof of acceptor are provided to auctioneer, the foreign buyer is entitled to reimbursement of VAT. Custom and VAT that accrue from import have to be borne by the buyer in any event.
4. Retention of title
Property of the item is not transferred to buyer until full payment of all sums owed to auctioneer (retention of title). While retention of title is valid buyer is obliged to refrain from selling the item (item which is owned with reservation) or otherwise dispose of the property hereof.
Buyer is obliged to refer to the existing third-party property if third parties, in particular bailiffs, try to get hold of the item which is owned with reservation and to notify auctioneer accordingly without delay in order to enable the enforcement of property rights.
5. Limited Liability
Claims for indemnity – irrespective of legal basis – against auctioneer including its representatives and auxiliary persons, which presume negligence, only exist, if a material contract obligation has been breached. In such event claims for indemnity are limited regarding its amount to the damages which are typically predictable.
Claims concerning damages of life, body and health as well as damages to property pursuant to the German product liability statute (Produkthaftungsgesetz), damages due to purpose or gross negligence as well as for guaranteed characteristic of state are not subject to the above limited liability.
If a buyer can proof within one year upon the auction that information regarding the auctioned item, which lessen its value or usability not insignificant or making it void, were wrong, then auctioneer is obliged to enforce its claim – as the case may be jurisdictional – against the person who issued the item to the auction. In the event where such claim is successful auctioneer reimburses the purchase price matching payment with physical delivery of the bought item in unchanged condition.
6. Binding offer
If acceptance of bid is made under condition, particularly because the highest bid is less than the limit, person who made such bid is bound by its bid for 30 days upon its acceptance. Acceptance of bid made under condition becomes unconditional upon confirmation by the auctioneer.
7. Commission / surcharge
The purchase price consists of the hammer price, the premium of 24%, and the
VAT levied on the hammer price and the premium at the applicable statutory
rate (standard taxation), or the hammer price and the premium of 28.56%,
including VAT, which is not deductible (differential taxation). Objects not specifically marked are generally subject to differential taxation; specifically
marked objects are subject to standard taxation. If the hammer price is awarded via an online auction platform, the premium is increased by the commission
charged by the platform. Payment of the total amount is due in euros and must be made within the deadline specified in Section 8 above. Any bank charges incurred are borne by the successful bidder.
8. Resale rights
For works of art whose sale is subject to resale right fee, the buyer participates in the resale right fee pursuant to § 26 German Copyright Act in the amount of 4 % of the acceptance of bid price. Items for which such fee is requested are marked with a small star* in the title in the catalogue.
9. Delay
In the event of payment default auctioneer is entitled to choose between fulfilment of purchase agreement or withdrawal from the agreement and request for damages caused by failure to fulfil the obligations from the initial agreement. Upon default interest upon the due amount has to be paid. Interest rate for consumers is 5 % points above the respective German basis interest rate and for the rest 8 % points above the respective German basis interest rate.
Further the item can be auctioned again at the expense of the person in default. The person in default is liable for any minor proceeds as opposed to the prior auction. He is not entitled to higher proceeds, if any
The auctioneer is entitled to exclude him from any further auction.
10. Taking along / Shipping
In general, purchased items cannot be taken immediately. Notwithstanding that upon agreement the immediate taking away of small purchased items is possible, in particular objects stored in show cases and paintings. In general, it is the buyer’s obligation to pick up the purchased items. Upon request shipment of small objects up to a weight of 30 kg can be organised by auctioneer. For such service and for the packaging necessary for the shipment costs accrue, the amount of which can be checked at the auctioneer’s internet site under the flag ‘shipment’ in a price list. For items that increase the above weight limit the auctioneer can name adequate shipping companies.
Shipment, if any, take place at the expense of the buyer. In the event that buyer does not act as consumer, risk of random destruction or deterioration of the item is passed to buyer upon handing over to such person who is in charge of shipment.
11. Publication of the results
Results will be published on the auctioneer’s internet site in general starting with the work day following the respective auction.
12. Post-auction sale
This auction terms and conditions apply to the free-hand sale after the end of the auction, so called post-auction-sale, respectively. Post-auction sale starts after the auction. Provisions for distance selling pursuant to §§ 312b-d German Civil Code (BGB) do not apply. Post-auction sale starts at the day following the respective auction in the premises of the auctioneer in Krefeld and lasts 10 days in total.
13. Consequences of delayed pick up
If items that were bought in auction or during post-auction sale are not picked up within 10 days upon the end of the post-auction sale, then Buyer is obliged to pay fees for unrequested storage in the amount of
- 10 EURO for small objects (particularly show-case objects and paintings)
- 20 EURO for big objects (particularly furnishings)
per week, whereupon he can previously ask whether a particular item is deemed small or big.
14. General provisions
Place of fulfilment and jurisdiction is Krefeld if the buyer is merchant/business man or does not have a general jurisdiction in Germany or is a public legal entity or a public law special fund.
Should one or several of the above provisions proof to be or become void the validity of the remaining terms remains unaffected.
German law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
If these auction conditions are available in several languages, the German version always prevails.
