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Terms & Conditions
Auction conditions. Conditions of business. The auctions of Hans-Joachim Homm (hereinafter referred to as the "auctioneer") are carried out under the following conditions, which are recognized through personal, written, telephone or online participants in the auctions. These conditions apply mutatis mutandis to over-the-counter sales if the conditions for over-the-counter sales are not primarily agreed or included. 1. Basics of the auction and material defects a) The auctioneer auctions in a commercial auction within the meaning of § 383 Abs. 3 Satz 1 BGB Trade Regulations as a commission agent in his own name and for the account of the consignor (principal) who remain unnamed. b) All items up for auction can be viewed and checked prior to the auction. The things are used. The catalog descriptions are made to the best of our knowledge and belief, they are for information purposes only and are not part of the contractually agreed quality of the items and, in particular, are not guarantees in the legal sense. The same applies to verbal or written information of all kinds as well as the description of the items when they are called. If an internet catalog is also created, the information in the printed version is still authoritative. Impairments to the state of preservation are not indicated in every case, so that missing information also does not constitute an agreement on quality. The auctioneer reserves the right to correct catalog information. This correction is made by a written notice at the auction site and verbally by the auctioneer immediately before the auction of the individual item. The corrected information takes the place of the catalog descriptions. All items are auctioned in the condition in which they are at the auction. The auctioneer assumes no liability for incorrect translations of the catalog texts from German into other languages. For framed items the frames are not part oft he lot. They will be delivered without an additional charge to protect the lot. c) The auctioneer undertakes to assert his claims against the consignor in the event of material defects that were asserted within 12 months after the knockdown, provided that the buyer has paid the auctioneer's invoice in full. In order to assert a material defect, the submission of an expert opinion from a recognized expert, which proves the defect, is required at the expense of the buyer. In the case of successful claims against the consignor, the auctioneer will only reimburse the buyer for the hammer price step by step against the return of the item. The buyer remains obliged to pay the premium as a service fee. Otherwise, the auctioneer is not liable for material defects. 2. Bids, knockdowns a) Before the start of the auction, each bidder must give his name and address. This also applies if he participates in the auction as a representative. In this case, he must also provide the name and address of the person he is representing. In case of doubt, the bidder purchases in his own name and for his own account. b) Every bidder has to deposit a cash deposit before the auction starts. c) In order to ensure the execution of written bids, these must be received by the auctioneer on the form provided for this purpose at least 48 hours before the start of the first day of the auction. The bidder is required to provide evidence for access. For the effective submission of a written bid, the exact details of the person or company of the bidder and the lot number are required. With the submission of the bid, a telephone number must be given, under which the bidder can be reached regularly. The bid is limited to the specified lot number. Written bids will only be used by the auctioneer for the amount necessary to outbid another submitted bid. Telephone bids are accepted by calling the bidder before calling up the desired lot. A prerequisite for participation by telephone is a written notification that is received by the auctioneer at least 48 hours before the start of the first day of the auction. Telephone bidders undertake to bid at least the starting price. Even if a telephone connection cannot be established. It is possible to submit an online bid for certain auctions. The auctioneer assumes no liability for the establishment or maintenance of telecommunication connections as well as the proper transmission and (timely) access of online offers to the auctioneer. The events in the hall are decisive for the auction or its course (e.g. with regard to corrections in accordance with Section 1 b). Only the bids made in the hall are binding. d) The auctioneer can reject bids for objective reasons. This applies in particular if bidders do not sufficiently support by a deposit in relation to the value of the bid at the auctioneer's requests. If a bid is rejected, the earlyer bid submitted remains binding. e) The auctioneer reserves the right to combine lot numbers, to separate them, to offer them out of sequence, to withdraw them if there is an objective reason or to auction them with reservation (UV) which is a bid needing the okay oft he consigner after the auction. The lot number is the number under which the items are called up in the auction, are listed in the auction catalog or are offered for sale over the counter. f) The knockdown takes place after three calls to the highest bidder. If several people submit the same bid and no higher bid is made after three calls, the earliest submitted bid will receive the knock-down at the discretion oft he auctioneer`s. In the case of identical written or internet bids, the first received will be the winning bid. If there are doubts as to whether or to whom the knockdown has been awarded, or if a bid submitted in good time has been overlooked, or if the highest bidder does not want to accept his bid, the auctioneer can withdraw the knockdown, which becomes ineffective, and offer the item again. Objections to an outcome of the bidding process must be raised immediately, i.e. before the next lot is called. If there is an important reason, the auctioneer can refuse to accept a bid. g) The stated price is usually the limit. The knock-down can also be made below the limit, subject to clarification with the consignor. To protect the consigned item, the auctioneer is entitled to award the bid to the consignor below the agreed limit. In this case there is a decline. h) If the limit agreed with the consignor is not reached or if there are other important reasons, the auctioneer can accept the bid conditionally (UV bid). In the event of a subsequent bid of the limit, the item can be knocked down to another bidder without consultation or sold in the post-sale. Bids with konocked down UV are binding for 5 weeks for bidders, but subject to change for the auctioneer. In particular, any claims of the bidder against the auctioneer are excluded if the UV bid is not carried out. i) A bid expires if it is rejected by the auctioneer, if the auction is closed without the knockdown or if the item is called up again. An ineffective overbid does not lead to the expiry of the previous bid. j) With the acceptance of the auction by the auctioneer, the bidder is obliged to accept the item and to pay. Ownership of the auctioned items is only transferred to the buyer once all claims of the auctioneer have been settled in full. In the case of payment by check, only the unconditional bank credit is counted as receipt of payment or fulfillment. The risk of accidental loss and accidental deterioration of the item is transferred to the buyer when the bid is accepted. k) The after-sale is part of the auction in which the interested party places the order in writing Bids placed with a certain amount. The provisions on distance sales contracts in accordance with §§ 312b ff BGB do not apply. l) The auctioneer also accepts bids that the bidder submits via certain "live bidding" / "online live biding" providers. If the online bid is successful, these providers charge percentages on the hammer price for this service. The auctioneer adds these costs to the hammer price, premium and any other costs as listed above. Www.lot-tissimo.com or www.the-saleroom.com currently charge 3% plus sales tax. For example liveauctioneers and invaluable charge 5 % plus 19% German VAT. The bidder agrees that the auctioneer takes over the collection and passes it on to the offerer as a transitory item. The provider is solely responsible for this service, e.g. www.lot-tissimo.com or www.the-saleroom.com. 3. Purchase price, sales tax a) According to §25a UstG, all sales are subject to the margin sceme taxation: A buyer's premium of 22% is levied on the hammer price. This surcharge includes the statutory sales tax (VAT) on the total difference. The sales tax is not shown when the invoice is issued. In the case of consignments, e.g. from third countries, which are subject to import sales tax (marked with * in the lot number), invoicing takes place with the regular taxation: A surcharge of 17% is levied on the hammer price. The statutory sales tax is payable on the hammer price plus premium. b) To compensate for the legal resale right (§ 26 UrhG), the auctioneer pays a fee on the sales proceeds for all original works of fine art and photographs since 1900 to the compensation association KUNST. The buyer bears half of the tax rate applicable at the time of invoicing (tax rate January 2012: 2.1% of the hammer price). c) If it is necessary to obtain CITES certificates for the purpose of granting exemptions from the marketing ban of objects that are subject to the species protection agreement, the costs incurred for this shall be borne by the buyer. d) The statutory sales tax is currently 19% (as of September 2008). Works of art and collectibles marked in the catalog with * in front of the estimated price are subject to the reduced sales tax of 7% in the case of regular taxation. e) Tax exemption is excluded for intra-community export deliveries. In the case of export deliveries to third countries, the sales tax will be reimbursed to the buyer as soon as the auctioneer has the export and buyer evidence. f) Invoices issued during or immediately after the auction must be checked; Errors and omissions excepted. 4. Due date, payment and default a) Buyers personally participating in the auction have to pay the final price (hammer price plus premium and sales tax) to the auctioneer immediately after the knockdown has been made in cash or with a bank-confirmed check. In the case of buyers who have made a bid in writing, by telephone or online, the claim becomes due upon receipt of the invoice. The buyer renounces the assertion of rights of retention from other, also earlier transactions of the current business relationship. The buyer is only permitted to offset counterclaims if these are undisputed or have been legally established. The buyer, if he is an entrepreneur, waives the right to refuse performance according to § 320 (§ 322) BGB. b) In the event of default in payment, default interest will be charged; their amount is in the case of private buyers (Consumers) to 5% above the base rate of the ECB p.a., for commercial buyers (entrepreneurs) to 8% above the base rate p.a. When paying in a foreign currency, any exchange rate loss and redemption fees are borne by the buyer. In addition, the auctioneer can claim damages from the buyer for culpable breach of duty. For this purpose, after the second reminder, he can charge a late payment penalty of 3% of the total claim as a flat rate damage fee, unless the buyer can prove that the damage did not occur or that the amount was significantly lower. Instead of the lump sum for damages, the auctioneer can demand compensation for the specific damage incurred. This can be calculated in such a way that the item is re-auctioned in another auction with a limit determined at the dutiful discretion of the auctioneer and the defaulting buyer pays for a shortfall in revenue compared to the previous auction and for the costs of the repeated auction including commission and expenses of the auctioneer Has. In this case, he is not entitled to any additional proceeds. The rights from the previously awarded award expire with the new award. With the occurrence of default, all claims of the auctioneer against the buyer become due immediately. c) The auctioneer is entitled to pass on information about defaulting buyers to the Association of German Art Auctioneers or their members. 5. Collection, dispatch, storage a) The buyer is obliged to receive the items immediately after the auction. Buyers who have participated in the auction in writing, by telephone or online must collect the items no later than 14 days after receipt of the invoice. However, auctioned items will only be released once all claims have been settled in full. b) If the buyer defaults on acceptance, the auctioneer is entitled to store the item on his own or a third party at his own risk and expense. The buyer also bears the costs of any necessary insurance. A cost reimbursement of up to EUR 6.00 (plus sales tax) or the rate of the storage company will be charged for storage per object and day. The buyer reserves the right to prove that the costs were not incurred or were not incurred in this amount. The date for the surrender of stored items must be agreed with the auctioneer or named third party. c) The packaging, insurance and dispatch of auctioned items are carried out at the expense and risk of the buyer; the auctioneer is only the intermediary for these services. Shipping orders are only executed if the auctioneer or the company entrusted with this task has received the shipping order signed by the buyer and the determined shipping costs and all other claims of the auctioneer have been paid. d) If the buyer has been in default of acceptance for at least 12 months, the auctioneer is entitled to sell the items. The auctioneer is entitled to deduct all claims against the buyer from the sale proceeds. 6. Liability The auctioneer is fully liable for intent and gross negligence. In the event of negligent breach of essential contractual obligations, the auctioneer is liable up to the amount of the limit or estimated price. The auctioneer shall not be liable for slight negligence in the event of a breach of simple, i.e. non-essential contractual obligations. This exclusion of liability also applies to the personal liability of legal representatives, executives and vicarious agents. 7. General a) These conditions regulate all legal relationships between the bidder or buyer and the auctioneer. General terms and conditions of the bidder or buyer do not apply. Verbal collateral agreements do not exist. Changes must be made in writing to be valid. b) The place of performance and jurisdiction, insofar as it can be agreed, is Oberursel. German law applies exclusively. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. The buyer bears the costs of any legal prosecution abroad, insofar as they are not reimbursable under the respective national law. c) Should one or more provisions of these auction terms and conditions be wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected. Auctioneer: Hans-Joachim Homm Dipl.-Ing.; B.Sc. (Econ.) London University Fuchstanzstrasse 33 61440 Oberursel Telephone 06171 2790467, mobile 0171 2060060 Email: firstname.lastname@example.org IHK Frankfurt am Main IDENT NUMBER 02507044 Sales tax identification number DE171634997 according to Par. 27 a of the Sales Tax Act Tax number 00301504834 EORI number: DE856685243953460