4.2 The auction sale or direct sale of consigned items entitles the auction house to charge the following provision upon the hammer- or sales price:
a) 25% plus VAT for items with knockdown price up to 149 €
b) 15% plus VAT for items with estimate price up to 999 €
c) 13% plus VAT for items with estimate price from 1.000 € onward
4.3 In compliance with the German Copyright (UrhG) the auction house is obliged to pay a 4% share to the Verwertungsgesellschaft Bild-Kunst (VG Bildkunst) upon any sale of fine art works of artists registered with the VG Bildkunst. The auction house will charge half of that fee to the consignor. The auction house is entitled to claim these fees at any later time.
4.4 Provision will accordingly apply if items are repurchased by the consignor himself or are repurchased by third parties on the consignor's behalf.
5. Billing, payout
5.1 The auction house collects the sales revenue
5.2 The auction house will forward a bill to the consignor within two weeks upon reception of the buyer's payment, listing knock-down prices and sales revenues. In case of payment default, the auction house is entitled to reclaim prior payouts.
5.3 The auction house is entitled to forward claims on payment defaults to a debt collection agency upon prior notification of the consignor.
6. Delivery, storage, insurance, return
6.1 Committal of items is on the consignor's costs and risk to the auction houses office address.
6.2 Committed items will be insured on the auction house's cost against damage by fire, domestic water, theft and injury from the time of arrival in the office rooms or takeover.
6.3 The insured value will be:
- the agreed limit price
- the agreed estimate price from the date of catalogue print
- the sales price from the time of sale
6.4 If a limit price has not been agreed yet or if important differences from the presumed condition are detected, the insured value shall be determined upon comparable common knockdown prices. This applies especially for price agreements that are subject to later verification, as agreements without prior examination of the item or a takeover without further examination.
6.5. In case of damage or loss, the auction house will forward any insurance benefits to the consignor. The claim of the consignor is in such case restricted to to extend of insurance benefit.
6.6 The consignor is obliged to pick up unsold items within 10 days upon expiration or cancellation of the contract. The auction house can organise shipping upon written order by the consignor on the consignor's cost and risk.
6.7 The consignor will be in delay of redemption, if he does not pick up items or gives written shipping order to the auction house within the agreed period.
The auction house is entitled to charge 2,5% of the estimate price for each month for costs of storage and insurance. Any further costs can be claimed.
This accordingly applies, if either of the parties retreats from the contract.
7. Contract binding, provision entitlement
7.1 The contract will be binding for the consignor for 6 more weeks after the auction the items are listed in.
7.2. The consignor is entitled to retreat from the contract until the day before the auction. The auction house is entitled to retreat from the contract, if it is proved the consignor has willfully given false information or has willfully failed to give important information on the items.
In these cases, the auction house can claim the following provisions according to previous accomplishments:
a) 20% of the estimate price until the catalogue is going to print
b) 30% of the estimate price once the catalogue has been printed
7.3 If in the auction or after the auction a prospective sale is prevented due to action by the consignor, the auction house is entitled to claim the lost provision against the consignor.
7.4 The auction house can defer or entirely cancel the auction upon important reason. Both parties remain bound to the contract, if the auctions takes place within a period of two month after the primary date.
7.5 The consignor commits himself not to offer or advertise the committed items against any third parties for the period of the contract.
7.6 After the contract binding period, the contract will tacitly re-new until items are redeemed or a new contract is agreed to. Both parties may cancel the contract without advance once the minimum contract binding period has expired.
8. Data privacy statement
8.1 Personal customer data that has been raised in the course of the business relationship will be stored, proceeded and used by the auction house for it's own business purposes solely. Data would only be forwarded to third parties for binding statutory reasons or for the purpose of legal prosecution.
8.2 The customer can dissent to a storage of his data at any time with effect for the future or demand a correction, suspension or deletion of your data. He can request information on the extend of his personal data stored free of charge.
8.3 The sales rooms of the auction house are video-surveyed.
9. Final clauses
9.1. The place of performance and jurisdiction is Dresden, as far as this can be agreed. This applies as well if for enforcement proceedings, action for claim in tort, action on cheques or bills and if the consignor is situated outside the area of application of German law or if his habitation is unknown at the time of filing of an action.
9.2. The law of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
9.3. Verbal supplementary agreements do not exist. Any alterations or amendments need to be in written form to be valid.
9.4 If any part of these Conditions of Sale is for any reason invalid or unenforceable, it shall be replaced by a regulation that is according in it's sense and economic purpose. Any other conditions shall remain valid and enforceable.