Weekly Auctions of Exceptional Items
DoneSun, Jun 01, 2014 8:00 AM EDT
Antique collector´s carpets and rugs
Henry´s Auction House will be auction off circa 200 rare collector rugs & carpets from every important provenance.
An der Fohlenweide 12-14
Terms & Conditions
THE FOLLOWING TERMS AND CONDITIONS OF HENRY´s AUKTIONSHAUS AG (HENRY´s) APPLY TO AUCTIONS, THE SALE OF AUCTION GOODS AFTER THE AUCTIONS AND THE SALE OF GOODS 1. The auction or the sale is carried out on behalf or on account of the seller. For this purpose HENRY's keeps the addresses of the bidders/buyers in a lot number directory. 2. Catalogue Numbers HENRYs reserves the right to combine or split lots and, if there is good reason to do so, to auction items other than in the published order or to withdraw them. 3. Defects Liability HENRY's accepts no liability for defects in the goods. All waranty claims must be directed exclusively at the seller. The information in the catalogue does not constitute a guarantee pursuant to section 443 German Civil Code (BGB). The items offered for auction are used and may be inspected prior to the auction. 4. Guarantee HENRYs gives its own independent guarantee to refund the purchase price if the bidder/buyer can show within 30 days of the auction that the goods are defective or not as described in the catalogue. In cases of doubt expert reports must be obtained to corroborate these defects. The guarantee does not cover deviations in colour between the original and the catalogue which are attributable to the printing process, minor damage and age-related traces of use and normal wear and tear which do not have a substantial effect on the value. In other respects HENRYs or its vicarious agents shall be liable only for intentional and grossly negligent acts and omissions, further for injury of life, body or health which is based on a negligent breach of duty by HENRYs or its vicarious agents. 5. Commission to Bid Commissions to bid must be made in writing and are irrevocable. A bidder may request to be informed by HENRYs if his/her commission to bid is below the highest amount bid by other bidders; this shall not invalidate the bid. At auctions the price is normally increased in increments of 10 per cent to the nearest amount of 100, 1,000 or 10,000. For lots offered with a reserve, HENRYs starts the bidding at the reserve price. Irrespective of their amount, written bids shall be handled according to the "lowest price" principle i.e. HENRYs undertakes only to outbid the previous bid by the bidding increment. For lots sold without reserve, HENRYs starts the bidding with the highest bid, including any bid received in writing prior to the auction. 6. Acceptance of Bid The hammer falls if no higher bid is offered after the highest bid is called out three times. A sale and purchase agreement is formed between the bidder and the seller upon the fall of the auctioneer's hammer. The auctioneer reserves the right to refuse bids received on the day of the auction. The same applies to first-time bidders without credit references. Telephone bidders will be called prior to the required lot being called, provided that a written request to do so has been submitted beforehand. HENRYs accepts no liability for the successful establishment of the telephone connection. HENRYs shall bear the cost of the telephone call. The sale may, on behalf of the seller, be made conditional or be refused. In the event of several identical bids being received, the bid received first shall win. If a bid that has been duly received within the specified time limit or a telephone bid has been inadvertently overlooked in error, HENRYs is entitled to cancel the winning bid and re-auction the item. The same applies to all incidents and complaints directly after the hammer falls or after the auction. In the case of conditional sales, the bidder is bound by his bid for 14 days. This section does not apply to online auctions which end with the expiry of a set time period. 7. Internet-Live-Bidding-System HENRYs does not guarantee the technical feasibility of internet connections or the on-time transmission of bids during auctions. It is advised to place bids early to ensure that bids can be considered for the auction. 8. Payment and Buyers Premium The winning bidder is obliged to pay the bid price plus a 22 per cent buyer's premium in cash immediately. This also applies in the event of online auctions which end upon expiry of a specified period. In case of auctioned vehicles, the buyers premium is 18 per cent for the first 50.000 and 12 per cent for any amount exceeding 50.000. The buyer's premium includes statutory value-added tax. Later payment or payment in a form other than cash is acceptable only with the agreement of the auctioneer. Invoices to absentee bidders are payable no later than ten days after the invoice date. Payments shall be accepted only once the funds have cleared. 9. Buy It Now-Items Items in the "Buy it now" catalogue are items available for open sale and are sold at fixed prices. Sales are made on behalf and for the account of the seller. The contract is formed directly between the seller and the buyer. All items are subject to change without notice. 10. Instruction of withdrawal (subject to Section 11) Right of withdrawal You may withdraw your contractual declaration in text form (for example by letter, fax, email) within 14 days without giving any reason or in the event that the goods were handed over to you prior to the expiration of such 14-day period by returning the goods. This period will commence upon receipt of this information in text form, but not prior to the receipt of the goods at the recipients destination (for repeat deliveries of similar goods not prior to receiving the first partial shipment) nor prior to fulfilment of our obligations to provide information in accordance with Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB [Introductory Act to the German Civil Code] as well as our obligations pursuant to Sec. 312 g Para. 1 Sentence 1 BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB. In order to observe the withdrawal period, it is sufficient if you send off your withdrawal or the goods in time. The withdrawal notice or the goods must be sent to: Henrys Aktionshaus AG, An der Fohlenweide 10-14, 67112 Mutterstadt, Fax: ++49 (0)6234 8011900, Email: firstname.lastname@example.org, Internet: www.henrys.de Consequences of withdrawal In the event of an effective withdrawal, all payments and consideration received by either party must be returned and any benefits generated therefrom (for example interest) must be surrendered. If you are unable to return the consideration and benefits (for example the advantage of using) received in part or in whole or are able to return the same only in a deteriorated condition, you may have to compensate us for any deterioration in value. You have to compensate us for deterioration or benefits solely, if as far as the deterioration of the goods was caused by a handling of the goods that is beyond of an inspection of the characteristics and the functionality of the goods. Such inspection of the characteristics and the functionality means the inspection and testing as it is possible and usual in a retail store. Goods which can be sent by parcel must be returned to us at our expense and at our risk. You have to bear the usual costs of return provided that the good which has been delivered corresponds with the good purchased and that the value of the good to be returned does not exeed 40 EURO or, in case of a higher value, you have not yet as of the date of the withdrawal effected the payment or the downpayment agreed upon in the contract. Otherwise the return is free of costs for you. Goods which cannot be sent by parcel will be collected by us. Obligations to reimburse payments must be fulfilled within 30 days. For you, this period will commence upon sending your withdrawal statement and for us, upon receipt of the same. Yours Henrys Auktionshaus AG 11. Exclusion of the right of withdrawal The right of withdrawal only applies to distance contracts in the meaning of the BGB. The right of withdrawal is excluded for distance contracts which are concluded in the form of an auction pursuant to Sec. 156 BGB and to the shipment of goods which were manufactured according to customer specifications or are clearly tailored to your personal requirements (especially drapery). 12. Transfer of Possession and Risk Possession and the risk of accidental loss and accidental damage shall pass to the buyer immediately upon the acceptance of the bid /purchase, although title does not pass until full payment has been received. The auctioned/purchased goods shall be delivered by the service company Hans Cronauer on behalf and at the expense of the buyer, provided this was expressly noted on the order. 13. Collection In case the item is not being delivered, the buyer is obliged to collect the auctioned/purchased item immediately and/or to pay the purchase price. If the buyer fails to collect the items within ten days of the auction/sale date, he/she shall be in default. Thereafter, HENRY's is entitled to decide whether the item shall be stored or delivered to the buyer, each at buyer's expense. In the case of storage, HENRYs will charge the buyer with the costs of handling, storage and insurance in the amount of 3% of the gross sales price (plus VAT). In the case of delivery, items shall be packed and delivered by the service company Hans Cronauer (see Shipping & Delivery). 14. Default of Payment If the buyer has not paid the purchase price in full within ten days after the auction/purchase date; he/she shall be in default without further notification or warning. During default, the buyer must pay the statutory interest. No further payment demand will be given. If the funds are not credited to our account by the specified date, we reserve all rights both in the name of the seller and on our own behalf. We expressly reserve the right to claim the invoice sum plus additional costs on behalf of the seller, and/or compensatory damages pursuant to the agreed auction and supply conditions (buyer's premium, discount, penalty interest and other loss arising from the delay) on our own behalf, or to re-auction the goods at one of the next auctions, whereby the buyer shall not be entitled to the difference if a higher price is achieved, and shall be liable to make good any shortfall. 15. Place of Performance and Place of Jurisdiction If the buyer is a trader, the place of performance and place of jurisdiction is the registered office of HENRYs. German law applies. Should any provision of this Agreement be wholly or partially invalid, this shall not affect the validity of the remaining provisions. 16. Responsibility The auctioneers named in the catalogue are responsible for the auctions. Buy goods at auction by post, fax or the internet The easy way Browse our catalogue or website to find what you are looking for. We have provided a description and photographs to help you make your choice. The information has been checked by experts for your protection. This means you can inspect the goods in advance and participate in the auction from the comfort of your own home, by post, fax or internet. Written bid By submitting a written bid you are instructing us to bid for the lots you have noted in the catalogue. You should therefore offer at least the specified reserve price, although your chances of success will increase if you bid higher. Participation by telephone If you would like to bid by telephone, please mark the catalogue numbers of the lots you are interested in on the form and tick the relevant box to indicate that you wish to participate by telephone. We will call you free of charge when your lot comes up. If you are successful If your bid wins, we will send you an invoice by post. Please pay the specified amount by cheque or bank transfer within ten days. SHIPPING & DELIVERY Once payment has been received, and provided you have requested this on your order, the delivery company contracted by our auction house - Hans Cronauer - or another suitable transport company will deliver the goods to you for your account. Please observe your country`s import regulations. Approximate costs for insurance, packaging and shipping by Cronauer: Jewellery and watches Germany Invoice amount up to 1,000 17 Invoice amount up to 10,000 33 Invoice amount up to 15,000 45 Above 15,000 upon request Europe Invoice amount up to 1,000 33 Invoice amount up to 10,000 45 Above 10,000 and deliveries to Switzerland or overseas upon request*. Antiques, Fine Art, Silver and other small goods Germany up to 25 kg Invoice amount up to 500 22 Invoice amount up to 5,000 26 Invoice amount up to 25,000 39 Above 25,000 upon request Carpets, Germany: up to 10 kg 16 up to 20 kg 20 up to 40 kg 30 Europe up to 10 kg Invoice amount up to 1,000 33 Invoice amount up to 5,000 45 Invoice amount up to 10,000 69 Above 10,000 and deliveries to Europe, Swiss and overseas upon request*. Additional charges apply for consignments which cannot be carried by parcel carriers for security reasons or because they exceed the maximum permitted dimensions.* The export of goods to non-EU countries is subject to a charge of 40.00 plus VAT per invoice for the preparation of export documents, provided that the invoice amount exceeds 1,000.00. For further information please contact Versandservice Cronauer , tel.: +49 (0)6234 8011-260. For furniture, bulky items and carpets above 40kg you will receive a cost estimate from the Kempl shipping company together with the invoice. Arranging the service and payment will be your responsibility. Spedition Kempl, tel.: +49 (0)621/68549195 email@example.com Any damage caused in transit must be reported within 24 hours to the transport company concerned. Failure to do so will invalidate any compensation claims. Last revised 03/2014