Old Masters | Modern & Contemporary Art

General terms and conditions of auction AUCTION TERMS AND CONDITIONS By participating in the auction, the bidder agrees to the following conditions: 1. The company Auktionshaus an der Ruhr GmbH conducts public auctions (in terms of § 383 paragraph 3 sentence 1 of the BGB) as a commissioning agent (§ 383 HGB) on their own behalf and on behalf of the accounts of their consignors, who remain anonymous. With regard to its auction terms and conditions drawn up in other languages, the German version remains the official one. 2. The auctioneer reserves the right to divide or combine any catalogue lots or, if there is special reason to do so, to offer any lot for sale in an order different from that given in the catalogue or to withdraw any lot from the sale. 3. All lots offered for sale may be viewed and inspected prior to the auction. The items are used and are auctioned in the condition they are at the time of sale without guarantee and liability for obvious and hidden defects and for attributions. Age related wear (abrasions, small dents, etc.) will not be referred to separately. The catalogue descriptions, which are compiled to the best of our knowledge and in good faith, as well as additional information in oral or in written form do not constitute guarantees in the legal sense, ie. they are not warranted characteristics in terms of § 459 et seq. BGB. This also applies to dimensions, weights, completeness, origin, time specifications etc. 3.1. The works of art and other objects to be auctioned and to be examined and inspected in the course of the preview are without exception used. They have a state of preservation corresponding to their age and provenance. Deficiencies in the state of preservation will only be mentioned in the catalogue if, in the opinion of Auktionshaus an der Ruhr GmbH, they impair the overall visual impression of the work of art. Changes, e.g. drying of the medium or changes in colouration due to exposure to light, are not indicated and are to be understood as normal condition. Cleaning and minor restorations, on the other hand, serve the purpose of preservation and do not constitute value-reducing amendments. Lacking information on the state of preservation therefore does not constitute a guarantee or agreement on condition. Interested parties can request a condition report for each work of art. This report, as well as further information on the auctioned object in oral or written form or by email, does not contain any deviating individual agreement and merely express a subjective assessment on the part of the company Auktionshaus an der Ruhr GmbH. The information provided on the auctioned items does not constitute a guarantee or agreement on condition in legal terms and its purpose is purely in the non-binding information it provides. In all cases, the actual state of preservation of the work of art at the time of sale is the agreed condition within the terms of the statutory provisions (§§ 434ff BGB). All information contained within the catalogue is based on the knowledge published or otherwise generally accessible up until the time of the auction. If an internet catalogue is additionally prepared, the information in the printed version shall nevertheless be authoritative. The company Auktionshaus an der Ruhr GmbH reserves the right to correct catalogue information about the works of art to be auctioned. This correction will be made by written notice at the place of the auction and orally by the auctioneer immediately before the auction of the individual item. The corrected information then takes the place of the catalogue description. 3.2 Paintings, prints, watercolours, pastels, and other pictures are generally offered without frames at the auctions of Auktionshaus an der Ruhr GmbH. Damages to frames can not be claimed. 3.3 Claims for damages against Auktionshaus an der Ruhr GmbH due to defects of title and quality as well as for other legal reasons (incl. reimbursement of futile expenses as well as reimbursement of expert's fees) are excluded unless they are based on intentional or grossly negligent actions of Auktionshaus an der Ruhr GmbH or on the violation of essential contractual obligations by Auktionshaus an der Ruhr GmbH or have their cause in the injury of life, body or health. 3.4 Bids may be submitted during the sale room auction in person, online or by telephone. If a face-to-face auction is prohibited due to an official order and the auction takes place exclusively online, it is also in this case an auction in the sense of § 156 BGB (German Civil Code) where a right of revocation is excluded after the fall of the hammer (§ 312g para. 2 no. 10 BGB). In other cases, section 10 applies to online auctions. 4. Before submitting a bid, each bidder must request a bidder number by providing their personal data. The company Auktionshaus an der Ruhr GmbH may, if a bidder is not known to the auctioneer, request official proof of identity as well as bank references and securities. It is at the discretion of the company Auktionshaus an der Ruhr GmbH to exclude a person from the auction. All bids are deemed to have been made by the bidder in their own name and for their own account. If a bidder wishes to submit bids on behalf of another person, they must notify the auctioneer of this 24 hours before the auction begins, stating the name and address of the person they are representing and submitting a written power of attorney. Invoices issued during or immediately after the auction are subject to verification. Errors excepted. 5. The lot is sold if no higher bid is submitted after a bid has been called three times. The auctioneer may reserve the right to sell an item or refuse to do so if there is a special reason for doing so. If several persons place the same bid at the same time and no higher bid is placed after three calls, the auctioneer shall decide by drawing lots. The auctioneer may withdraw the acceptance of the bid and re-offer the item if a higher bid submitted in time has been overlooked by mistake and this has been immediately objected to by the bidder or if there are other doubts regarding the acceptance of the bid. If no acceptance of the bid has been made despite the bid having been submitted, the auctioneer shall only be liable to the bidder in the event of intent or gross negligence. Orders for written or telephone bids must be received 24 hours prior to the auction in order to be properly processed; in the case of telephone bids, Auktionshaus an der Ruhr GmbH does not guarantee that a telephone connection will be established. Each order for telephone bidding is equivalent to a bid at the reserve price. The telephone bids may be recorded by Auktionshaus an der Ruhr GmbH. 6. The acceptance of a bid obligates the bidder to take delivery of the item. If a bid is accepted subject to reservation, the bidder shall be bound to his bid until four weeks after the auction unless he immediately withdraws from the acceptance of the bid subject to reservation. With the acceptance of the bid, possession and risk of the auctioned item shall pass directly to the successful bidder; ownership shall not pass until the final price has been paid in full. 7. a premium of 25% of the hammer price as well as the statutory value added tax shall be paid on the hammer price. In order to compensate the resale right fee pursuant to § 26 UrhG (German Copyright Act) for the sale of an original work of fine art or a photographic work, the Vendor and the Purchaser shall each pay a fee in the amount of 2% of the hammer price. The resale right fee is only due if the authors have not died 70 years before the end of the sale and the hammer price is more than 400 ?. If the buyer participates in the auction in person, the total price is due for payment with the hammer price. The payment of external bidders who have bid or been represented in writing shall not be considered late if received within 10 days of the invoice date, without prejudice to immediate payment. 8. In the event of late payment, interest shall be charged at the rate of 1.5% per month commenced. In case of payment in foreign currency, any exchange rate loss and bank charges shall be borne by the successful bidder. The same applies to cheques, which will be recognised as payment only after unconditional confirmation of the credit has been received from the bank. In the event of default of payment, Auktionshaus an der Ruhr GmbH may either demand performance of the purchase contract or, after setting a deadline, claim damages for non-fulfilment. In this case, the compensation can also be calculated in such a way that the item is auctioned again and the defaulting buyer is obliged to compensate for a reduction in proceeds compared to the previous auction and the costs of the repeated auction including the premium. 9. The purchasers are obliged to take delivery of their purchase immediately after the auction. The auctioneer is liable for sold items only in the case of intent or gross negligence. Auctioned items will be delivered only after full payment has been received, in case of payment by cheque only after unconditional confirmation of the credit has been received from the bank. A shipment takes place without exception at the expense and risk of the buyer. Auktionshaus an der Ruhr GmbH is entitled to have unclaimed items stored and insured by a forwarding agent in the name of and for the account of the successful bidder three weeks after the end of the auction. In case of self-storage by Auktionshaus an der Ruhr GmbH, 3.00 EUR net will be charged per day and object for insurance and storage costs. The company Auktionshaus an der Ruhr GmbH reserves the right to claim costs in excess thereof from the buyer. 10. If the buyer refuses acceptance or payment, or if they default on payment of the purchase amount, the auctioneer may choose to demand either performance of the purchase contract or damages for non-performance. The buyer shall be in default 10 days after invoicing. If the auctioneer demands performance of contract, he shall be entitled to damages for default in addition to the purchase price. This also includes any currency loss, the loss of interest as well as the costs of legal action. If the auctioneer claims damages for non-performance, they shall be entitled to auction the items again at the next opportunity. Upon sale of the item, the rights granted to the buyer from the previous sale expire. The buyer shall be liable for any default, shall not be entitled to any additional proceeds and shall not be admitted to the subsequent auction. 11. In the business premises, each visitor - especially during auction previews - is liable for any damage they cause. 12.1 The company Auktionshaus an der Ruhr also offers online auctions. 12.2. Following prior registration, the bidder is entitled to participate in the online auction and make bids on the items offered for auction. The company Auktionshaus an der Ruhr GmbH is entitled to revoke the registration and to block the bidder if they violate the auction conditions or have violated them in the past. By registering to take part in the online auctions of the company Auktionshaus an der Ruhr GmbH, bidders agree to accept the present terms and conditions of auction in the respective valid version. 12.3. The duration of an auction is set to a certain period of time (auction period), measured by the exclusively authoritative time, which is specified by the company Auktionshaus an der Ruhr GmbH. The expected end of the auction is indicated. The hammer price is announced at the end of the auction. After that, no higher bids will be accepted. The items listed shall be offered for sale at an initial bid (minimum bid). The minimum bid includes the legally applicable sales tax as well as the buyer's premium pursuant to item 7. The call for bids is an invitation to submit bids for the auction. The minimum bid increments are shown in the table below. Up to 25.00 Euros 1.00 Euro Up to 50.00 Euros 2.00 Euros Up to 100.00 Euros 5.00 Euros Up to 500.00 Euros 10.00 Euros Up to 1,000.00 Euros 20.00 Euros Up to 5,000.00 Euros 50.00 Euros Above 5,000.00 Euros 100.00 Euros 12.4. If a higher bid than the minimum bid is submitted, this shall constitute the highest bid until a higher bid is submitted. The amount submitted by the bidder shall constitute an offer for the hammer price. The bidder shall be bound by their bid until it is cancelled by an effective higher bid. The highest bid available at the end of the auction is accepted (hammer price). The highest bidder will be notified by e-mail that they were the winning bidder. 12.5. After being notified that they were the highest bidder, the successful bidder must pay the bid amount within ten days and collect the item (payment/collection period). 12.6 If an auction ends at a time when access to the online auction is not possible for all bidders for technical reasons, the auction may be cancelled. In this case, a winning bid communicated incorrectly by the system shall be invalid. The highest bidder at this point in time will be informed of the cancellation by Auktionshaus an der Ruhr GmbH immediately by e-mail. The objects offered for auction may be offered for auction again; there shall be no claim to the holding of a new auction. 12.7 Ownership of the auctioned item shall be transferred contemporaneously to payment and handover of the item. 13. Place of performance and place of jurisdiction, if it can be agreed upon, is Mülheim an der Ruhr. The legal relationship between the parties shall be governed by German law without the reference norms of private international law, excluding the UN Convention on Contracts for the International Sale of Goods. Should one of the provisions be wholly or partially invalid, the validity of the remaining provisions remains unaffected. 14. These terms and conditions of auction govern all agreements between the buyer and the company Auktionshaus an der Ruhr GmbH. Verbal agreements do not apply. Changes to the auction conditions must be made in writing. Stand 29.04.2021