Kabinett Auktionshaus & Antiquitäten GmbH
Please note, that these terms and conditions in English only exist for your convenience, as they were translated from existing German terms. The English version is not binding. For business use, only the German terms apply.
With personal, written, telephone participation in the auction or participation via internet the following conditions are accepted.
- Basics of the auction
1.1 Kabinett Auktionshaus & Antiquitäten GmbH (hereinafter also referred to as the Auctioneer) auctions in the name and on behalf of its clients (hereinafter also referred to as the Vendor). The auction is public and is voluntary.
1.2 All objects put up for auction are used. They will be auctioned from their location in the same condition in which they were at the time of the fall of the hammer.
2.Preview, catalogue, warranty
2.1 All auctioned items will be shown during the preview and are then accessible for detailed inspection. The objects can and should be viewed and examined in detail before the auction on the specified dates of the preview. After acceptance of the bid, complaints will not be considered and any warranty is excluded, as far as legally permissible. In the offices of the Auction House as well as during the auction, each visitor is liable for any damage caused by him to the objects of the auction or the equipment.
2.2 A catalogue is published before the auction. The illustrations serve only as orientation for the buyer and are not decisive for the condition of the object or its characteristics. Both the catalogue descriptions and the corresponding information on the Internet have been prepared to the best of our knowledge and belief, but are not considered to be warranted characteristics. They are based on the knowledge generally available up to the time of the auction as well as on information provided by the consignor and are not part of the contractually agreed condition of the items. They are generally to be regarded as expressions of opinion and not as statements of fact and do not constitute guarantees in the legal sense. The same applies to oral or written information of any kind as well as the designation of the items when called. Impairments of the state of preservation are not always indicated, so that missing information likewise does not constitute an agreement on quality. Colour illustrations may differ from the original. The auction house reserves the right to correct catalogue details. This correction is made orally by the Auctioneer immediately before the auction of the individual item. The Auctioneer does not assume any liability for incorrect translations of the catalogue texts.
- Auction, fall of the hammer, bidder number, bids
3.1 The auctioneer reserves the right to auction, separate, combine or withdraw numbers outside the order of the catalogue.
3.2 The prices stated in the catalogue are estimated prices and serve as an orientation for the market value of the objects without guarantee for correctness. As a rule, prices are increased by 10% unless the auctioneer decides otherwise.
3.3 Persons wishing to bid will receive a bidder number on presentation of photo identification and after admission. This is possible before and during both the preview and the auction. The Auction House reserves the right to request a timely bank reference. Admission to participate is only valid after receipt of the confirmation (for hall bidders) or after the auctioneer's approval by e-mail (for written registration). The auctioneer may refuse admission. Only bids submitted under the bidder number will be considered. The bidder is personally liable and is also liable for the misuse of his bidder number.
3.4 If the bidder participates in the auction for the first time, his written application for admission must be made at least 48 hours before the auction begins.
3.5 All bids are considered to have been made by the bidder in his own name and for his own account. If the bidder wishes to participate in the auction as a representative, he must notify the auctioneer of this 48 hours before the auction begins and submit the name, address and a power of attorney of his principal. In case of doubt, the bidder purchases in his own name and on his own account.
3.6 The fall of the hammer takes place if no higher bid is placed after three calls for bids. The auctioneer is entitled to reject written and oral bids without giving reasons. He may also reserve the right to knock down the lot if there is a special reason. The auctioneer may withdraw the fall of the hammer and offer the object again if a higher bid made in good time (i.e. before the hammer blow) has been overlooked and this has been immediately objected to by the bidder or if there are other doubts about the fall of the hammer.
3.7 With the acceptance of the bid a purchase contract is concluded and obliges the buyer to accept the object. Possession and risk in respect of any damage shall pass to the successful bidder at the time of the fall of the hammer, ownership shall only pass to the buyer upon payment of the full purchase price.
3.8 You can participate in the auction in person in the auction room, via internet or by bidding in your absence. Bids can be made by telephone for objects with a value of approx. 150,- Euro or more. In order to be able to bid in absentia, the form for a bidding order must be filled out and be available to the auction house for proper processing 24 hours before the auction begins. No consideration guarantee is given for written bids received later. The written bid is only valid after receipt of the auctioneer's confirmation of receipt by e-mail. The bidder is obliged to provide proof of receipt. Written bids will only be exhausted by the auctioneer to the extent necessary to outbid another bid. If several written bids of the same amount are received for the same auctioned item, the first one received first will be awarded the contract if no higher bid is made.
By submitting the bidding order, the bidder agrees that the bidding process can be recorded.
In order to bid via the Internet, the bidder must register with one of our partner websites. For bidding on the Internet, an additional fee may be charged to the bidder, depending on the provider.
3.9 The right of revocation and return for distance selling contracts does not apply to telephone and internet bids.
- Purchase price, due date, collection
4.1 The purchase price is due with the fall of the hammer and consists of hammer price and premium (23% including the VAT 19%). Works of art for which the droit de suite (resale right) requires the payment of the appropriate royalties are marked in the catalogue with *. For these lots, a fee of 4% on the hammer price up to € 50 000 will be charged on sale.
The invoice can be paid in cash, by bank transfer or by credit card.
4.2 For bids via external internet platforms, the purchase price is increased by the fee incurred there. For invaluable.com +5%, for Bidspirit.ru +4%, for LiveAuctioneers.com +5%, for Lot-tissimo.de +3%.
4.3 Bidders who participate in the auction via Invaluable and purchase lots agree that their credit card deposited with the Internet platform can be charged with the invoice amount after a period of 4 working days after the invoice has been issued.
4.4 For payments via PayPal a service charge of 4.5% of the invoice amount will be levied.
4.5 Invoices issued during or immediately after a live auction require a special examination due to the high workload of the employees and, if necessary, a correction. Errors excepted.
4.6 Payment (in Euro) must be received by the auctioneer within 10 days after the date of invoice. After that, default occurs. The auctioned object will be handed over after the end of the auction and only after full receipt of the invoice amount. Acceptance must take place no later than 14 days after the invoice date. Any storage beyond this period is at the expense and risk of the buyer.
4.7 In the event of late payment, the buyer will be charged default interest on the purchase price at the usual bank interest rate for overdraft facilities - but at least 0.1% per day - irrespective of further claims for damages. Otherwise, the Auction House, acting on behalf of its client, can either demand fulfilment of the purchase contract or withdraw from the contract after setting a grace period of 10 days. All rights of the buyer to the auctioned item shall thereby expire. The auctioneer is entitled to demand compensation from the buyer after declaration of the withdrawal. This includes in particular the remuneration lost by the auctioneer (commission and premium), as well as all transport, storage and insurance costs incurred until the object is returned or auctioned again. The Auction House has the right to exclude the defaulting buyer from future auctions.
4.8 If bidders wish to have their auctioned items sent to them, this must be requested on a form at the time of admission. Shipment is exclusively at the expense and risk of the buyer. The auction house can only offer to ship items that are subject to standard postal regulations via DHL, DeutschePost, Hermes, DPD, UPS. For oversized and/or expensive items requiring export licenses and customs clearance, the auction house may recommend its partners, so the buyer needs to contact them himself / herself and clear terms of delivery.
4.9 Special treatment for objects, which are classified as cultural goods: according to the EU regulation on the export of cultural property (EEC No. 3911/92, Official Journal No. L395 of 31/12/92) such objects require an EU licence to be exported from the European Community. This regulation concerns a multitude of items depending on their age and value, for example archaeological objects over 100 years old regardless of their value. Firearms, Antique Arms & Armour, historical and military antiques, such as documents and manuscripts, antique books, paintings and graphic works more than 50 years old and of a value of more than 50.000 EUR usually require an export permit according to the above EUR regulation.
The certificate will be issued by the auctioneer, the costs incurred will be borne by the buyer and the processing time can be at least 8 weeks.
The shipment of younger objects is possible without restrictions.
- Liability, material defects
5.1 The auctioneer shall not be liable for damages in connection with the submission of oral, written, telephone or internet bids, unless there is intent or gross negligence. This applies in particular to the establishment or operation of telephone, fax or data lines as well as to transmission, transfer or translation errors within the scope of the means of communication used or on the part of the employees employed for the receipt and forwarding. No liability is assumed for misuse by unauthorised third parties.
5.2 The Auction House is not liable for obvious or hidden defects and any warranty is excluded to the extent permitted by law. However, in the case of immediately submitted and justified notices of defects, the Auction House undertakes, within a limitation period of 12 months from the fall of the hammer, and when the Buyer has paid the Auction House's invoice in full, to either assign his claims against the Vendor to the Buyer or to assert them against the Vendor himself. In the event of a successful claim against the Consignor, the Auctioneer will reimburse the purchase price to the Buyer together with the premium step by step against return of the object. Further demands and claims of the buyer for supplementary performance, withdrawal, reduction, compensation and reimbursement of futile expenses are excluded, unless they are based on intentional or grossly negligent action or on the violation of essential contractual obligations by the auctioneer, or are caused by injury to life, body or health. Claims for damages and reimbursement of expenses of the auction participants, regardless of the legal basis, are excluded.
- Other provisions
6.1 The above terms and conditions shall also apply correspondingly to the post-auction sale, which is considered to be part of the auction.
6.2 We offer a special option for the post-auction sale via the Buy Now function on www.invaluable.com. Objects not auctioned off can be purchased there for fixed prices. No premium is charged. Only the brokerage fee of Invaluable in the amount of 5%, if applicable the fee for the use of a payment service provider and the costs of shipping are added to the purchase price.
6.3 Oral collateral agreements shall not apply. All amendments must be made in writing to be valid. Should any of the above provisions be invalid in whole or in part, the validity of the remaining provisions shall not be affected.
6.4 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The law of the Federal Republic of Germany shall apply exclusively. Place of performance and jurisdiction is Berlin.
Berlin, the 16 of February 2021