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Terms and Conditions
The voluntary and public auction [§§ 383 Abs.3 u. 474 Abs.1 S.2 BGB] is held/conducted by the auction house Mag. Johann Sebök, Inh. Magister Johann Sebök company. The auctioning of the lots takes place in the name of the auctionhouse and on account of the client (seller), whose names are not disclosed.
All claims of the buyer arising from the auction shall be di
rected to the consignor apart from objects sold by Seboek Auctions as commission agent; liability of the auctioneer shall only exist in so far as such liability results from mandatory laws or from the following provisions. Subject to this provison, these terms and conditions of auction shall be applicable for the legal relationship of the buyer with both the consignor and the auctioneer.
The auction conditions immediately come into force when the auction begins and respectively apply to the post auction sale of objects that have remained unsold.
The auction conditions shall be published in the catalogue, online and on the premises of the auctioneer. By placing an order or making a bid the buyer explicitly accepts the validity of the auction terms and conditions.
The buyer‘s own terms and conditions shall not apply under any circumstances.
2.Catalogue descriptions and condition
In cases of doubt as to which object was bid on by and sold to the buyer, the code as is stated in the catalogue is binding, not the title of the item.
The objects to be auctioned are, without exception, used items and are sold „as is“ in the condition they are. Signs of wear (traces of friction and abrasions etc) are not always pointed out separately. Any descriptions of the objects published in our catologue or online, are either based on the descriptions of the seller or to scientiﬁc knowledge available. These are not part of the stipulated condition and do not include any guarantees in the sense of judicial regulations and do not result in a right to return any purchased goods.
Potential buyers are expressly referred to the inspection of the lots prior to the sale. The Sebök company cannot be held liable for any catalogue descriptions, references or oral declarations, except in the case of gross negligence on our part. The respective state/condition of the objects, especially any damages, repairs, renewals, as well as signs of wear are already taken into account when determining the limit price.
The Auction House Mag. Sebök reserves the right to amend any information as published in the catalogue or to withdraw objects. The correction of descriptions and the withdrawal of lots are announced by the auctioneer directly prior to the auction in at the location of the auction. The amendments replace descriptions given in the catalogue. Furthermore we reserve the right to combine, separate, and change the order indicated in the catalogue or withdraw any lots.
Books are not collated.
Any damages, delaminations, and restorations in the framework art not indicated separately in the catalogue description.
Supplier and auctioneer assume no liability in case any reproductions and illustrations in the printed catalogue deviate in colour from the original piece of art.
3.Bidders & Bids
Upon presentation of valid identiﬁcation and admission to the auction, every bidder is issued with a number. Attendance is only granted to those interested buyers who are in possession of a catalogue and bidding number. Only bids that were made showing this number shall be taken into account. Furthermore, the company Sebök may -at their own discretion- request a deposit/to provide sufﬁcient ﬁnancial security before allowing potential buyers to place a bid. If this request is refused the bid may not be accepted.
Bidders principally acquire lots on their own behalf and on their own account after knockdown. If a potential buyer wishes to place a bid on behalf of a third party, he must communicate this to the company Sebök in advance no later than 24 hours prior to the beginning of the auction. We will require the name and address as well as a valid power of attorney. Otherwise it shall be understood the contract is entered in the bidder‘s name after knockdown. Coercive regulations regarding representation as laid down in law remain unaffected.
Bids can also be made in absentia, either in writing or by telephone. Telephone bids shall be accepted from 250,- Eur upwards. Absentee bids shall only be accepted if the bidder has requested admission at least 24 hours in advance of/prior to the sale. The application must include/ state the piece of art with the catalogue number and title. The bidder bears the consequences of any uncertainties. The company assumes no liability for the processing of absentee bids. Bids submitted by telephone automatically imply bidding at the limit price, even if the company Sebök fails to- for whichever reasons- contact you by telephone. The auction house shall assume NO liability for establishing and maintaining telephone communication.
Written bids must be signed by the bidder personally/ in person and must state the highest price the bidder is willing to pay for the piece of art. All written bids are deemed to be bids that have already been submitted in the auction. If more than one identical written bid is received for the same piece of art, then the bidder whose bid was ﬁrst received, will be awarded the auction sale, provided that there is no higher bid. Every written bid, which is principally considered the maximum bid, shall only be resorted to by the company when neccessary to outbid another bid.
Bids by potential buyers who are present in the auction room, are made by clearly holding up your bidding number.
The auctioning of an object runs in steps of 10% of the last bid called out, or at least in 5,00 Euros steps. The auction house reserves the right to determine the intervals.
The knockdown shall be made to the highest bidder. As representative of the seller the auctioneer may refuse or accept bids under reserve. In the event of disagreements regarding the last bid or the knock-down the object is called again.
The buyer must pay a premium of 20,17% and value- added tax (VAT) for the premium. As the value- added tax is only charged for buyer‘s premium and hence merely for national payments, it is non- refundable for foreign bidders.
The knockdown shall be made following a triple call to the highest bidder. On the lot being knocked down to the buyer, a contract for sale of the lot will be entered into between the seller and the buyer, all payment is due immediately. The knockdown commits the bidder to accept the lot.
Legal tender is the Euro, thus/accordingly bids are accepted in Euros. Any pricing in foreign currenciy is legally non- binding.
The buyer remains bound to his bid, even if a subsequent bid is refused by the auctioneer or is invalidated the latest after one month following the knockdown.
In individual cases - this applies above all when a reserved price stipulated by an authorizing principal was not reached - the company Sebök may award the auction sale subject to reservation. The highest bidder remains bound to their bid for one month after the successful bid award if it was made under reservation. The auctioneer may transfer the object to the limit bidder without further notice.
Legal title will not pass on to the buyer until the lot(s) has been paid for in full and the auctioneers shall be entitled to a lien on any lot sold until the purchase price (as deﬁned below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. The issuing of auctioned goods and invoice, especially during and immediately after the sale, are processed under the reservations that no errors have been made.
The auctioneer may reject a bid and/or the knockdown. Furthermore he may withdraw any accepted sale and call the lot again, if a higher bid was overlooked by mistake or any other doubts persist regarding the last sale.
In this case, the new, more recent knockdown replaces the previous sale, whereby the latter is invalidated.
In general, payments are to be made in EUR (€) in cash or by direct debit (EC). Non-cash payment- including Cheques- are only accepted by special arrangement and only on account of performance. All resulting costs and taxes are borne by the buyer.
Ownership of the acquired piece of art shall only be transferred upon full payment of the purchase price (including any interest, charges, costs and expenses).
If the buyer fails to make payment within the 8 days of time for payment beginning with the issue of invoice, he will be in arrears. Consequently, the auction house may demand default interest at the interest rate of 19% p.a. until full payment is made and an interest rate of 0.033% per day resulting from the total amount due is automatically added on to the total account.
In cases of rejection of goods or late payment the buyer is held liable for any damages and losses thus sustained. The auctioneer may either demand fulﬁllment of the contract or compensation in lieu of performance. If the item is resold, the original buyer shall be liable for any losses and costs. He shall not be entitled to any extra proceeds attained on renewed sale. In this case the buyer is deemed principal and is to bear any sustained costs according to the contract of sale, which are to be balanced with the resulting loss.
The auctoneer is entitled to store goods that have not been paid for or collected within four weeks of the date of invoice at the cost and risk of the buyer.
Any invoices issued during or immediately after the sale are subject to reservation for veriﬁcation.
If § 5.4. is breached the auction house Sebök is entitled to exclude the buyer from making any bids in any other auctions. The buyer‘s name and address may be passed on to other auction houses and the web portal „Lot-tissimo“ („Blacklist“) for banning purposes.
If an item subject to copyright is sold (vgl. § 26 UrhG), and seller and bidder in arrears, shall release the auctioneer from any claim of the originator or any third party. If the auctoneer is prosecuted by the originator or any legitimate third party, both principal and buyer are liable as joint debtors.
Due diligence is essential for the sale of objects origina
ting from the Third Reich. The buyer pledges not to use these items for any propaganda purposes, but declares instead to acquire the pieces of art only for contemporary historical collections in the sense of the exemption clause § 86 a StGB.
7.Collection & Shipment
The auction house Sebök stores and insures the object to be collected by the buyer amounting to the premium until the four week deadline expires. After this deadline has expired the piece of art can be stored and insured by a haulage ﬁrm on behalf of and on account of the buyer. Alternatively it can be stored in the auction house‘s own rooms at a daily standard rate for storage and insurance expenditures. The rate depends on the individual size and ranges from 1 Euro to 5 Euros per day.
The transport of sold pieces of art takes place exclusively according to the buyer‘s instructions. The auctioneer is not obliged to dispatch any goods. Any consequence of delay shall remain unaffected by dispatch.
The buyer can state the carrier‘s name in written form. Otherwise it shall be at the auctioneer‘s discretion how he dispatches the object. The dispatch always takes place by DPD (express parcel delivery). Each parcel is automatically insured up to 500,00 Euros. As soon as the parcel is signed for on receipt, DPD‘s liability expires immediately. They buyer should therefore examine the object carefully for any detectable damages.
Liability for dinner or tea sets (porcelain), glass objects and panes, e.g. graphic arts and mirrors is not possible! Lamps / Lustres will delivered without light bulbs.
The buyer bears the costs of the dispatchment/shipping, including a insurance as requested, as well as packaging fees, of up to 25 Euros.
The auction house is only liable up to delivery of the object to the carrier, the mail-order ﬁrm or the person appointed to execute the transport. Risk shall pass to the buyer as soon as the consignment is handed over to the carrier or its representative.
The auction is subject to German law under exclusion of/ excluding UN - sale of goods law Term stipulation (contracts for the international sale of goods (CISG)).
If any condition of the General Terms of Business at hand is invalid, this shall not affect the validity of the remaining provisions. The invalid clause shall be substituted by the legally and economically intended clause.
The language of negotiation and contract is German. Descriptions, written documents in any other language, including these General Terms of Business, purely serve the purpose of information procurement and are not legally binding.
During inspection we recommend utmost care, as customers will be held liable to full extent for any damage they may cause.
The auction house Sebök is authorised to assert claims- as far as they consist in the person of the proprietor- against the buyer on its own behalf and to sue for the debt if necessary.
The place of performance is Bamberg. If the Authorizing Principal and/or bidder qualiﬁes as a merchant [Kaufmann] or is subject to general jurisdiction in Germany, then jurisdiction and venue shall likewise lie in Bamberg. This also applies to action on a bill and action on a cheque.