are submitted or not. The auction may knock the item down to the
consignor if the bid is below the limit as protection for the consigned
item; such a case is a return.
14.All bidders are to purchase under their own name and on their
own account. The hammer price (purchase price) is the net price. The
legal provisions regarding revocation and return for distance selling
contracts do not apply to telephone and Internet bids.
15. An additional premium of 25 % (internet auction platforms may
vary) will be added to the knock down, as well as VAT resulting from
the premium. During the aftersale a surcharge of 27 % will be added,
as well as VAT resulting from the premium.
16. The right of revocation does not apply. Distance contracts con-
cluded in the form of auctions (section 156 of the German Civil Code)
do not apply to internet bids within the framework of the internet
live bidding system (see point 7) and to telephone bids (see point 9).
17. If it should be necessary to obtain certificates to export cultural
property, then the cost thereof shall be borne by the purchaser (100
Euro per permit).
18. Payments shall be made in EUR (€) immediately after invoicing.
Payments by the buyer are generally only made by transfer to the
auctioneer to an account specified by him. The fulfillment effect
of the payment only occurs with the final credit to the auctioneer‘s
account. Payments by credit card (Visa, Master, Amex) are only
possible up to an amount of EUR 1,000. All costs and fees for the
transfer (including the bank charges deducted from the auctioneer)
are borne by the buyer, insofar as this is legally permissible and does
not fall under the prohibition of § 270a BGB. Ownership only passes
to the Purchaser once payment has been made. The auction item
will be delivered once this has been arranged.The auctioneer is not
liable for due presentation, protestations, notifications or return of
uncashed payments / means of payment.
19. Default interest is charged in the event of payment delay, with
the amount of interest rate usually charged by banks, but in any
case no lower than the amount of the statutory default interest in
accordance with §§ 288 und 247 of the German Civil Code (BGB).
The Auctioneer is also entitled to lodge claims against the buyer
for culpable neglect of duties. After the second formal reminder,
the Auctioneer is entitled to levy a default surcharge equivalent to
3 % of its total claim as compensation for damages incurred unless
the buyer is able to prove that no damage or a much lower level of
damages has been incurred. Instead of the flat-rate damage com-
pensation amount, the Auctioneer may demand reimbursement of
its specific damages incurred. These damages may also be calculated
in such a way that the property item in question will be re-auctioned
in another auction with a limit determined at the dutiful discretion
of the Auctioneer and the defaulting buyer will be liable for any
reduced proceeds in comparison with the previous auction and also
for the costs of the repeat auction and including the commission
and disbursements of the Auctioneer; the defaulting buyer will not
be entitled to any additional proceeds in this case and his rights in
connection with the previous knockdown will lapse concurrently
with the new knockdown. The defaulting buyer will not be permitted
to place further bids. All claims of the Auctioneer against the buyer
will be due immediately in the event of delay.
20. The buyer is obligated to accept surrender of the items imme-
diately after the auction. The risk of accidental loss and damage
transfers to the buyer upon the surrender of the items. Items that
have not been collected may be stored by a freight forwarding
company without reminder in the name of and at the expense of
the Purchaser.
21. Claims for compensation as the result of a fault or defect in the
object auctioned or damage to it or its loss, regardless of the legal
grounds, or as the result of variances from the catalogue descrip-
tion or statements made elsewhere are excluded unless Zemanek-
Münster acted with wilful intent or gross negligence; the liability for
bodily injury or damages caused to health or life remains unaffected.
In other regards, point 4 applies.
22.a. Packing and transportation
Packing and shipping of your objects is a non-binding service we
offer for a lump-sum of 50 Euro within Germany / 80 Euro with
standard formats throughout Europe. Delivery to all other countries
and overseas includes handling (50 Euro) plus shipping depending
on weight or volume. Any bulky goods and international transports
will be calculated on request and charged separately. For framed
paintings, furniture and ceramics please contact Mail Boxes Etc.
Aschaffenburg (mbe0020@mbe.de Tel: +49 (0)6021 625 9090).
The transport of any items purchased at the auction will be carried
out at the buyer’s request, expense and risk. Please note that all
objects that are subject to CITES can only be sent within the Euro-
pean Community. At the present time export in third countries is
prohibited, respectively, export licenses in third countries for objects
containing or made of protected materials are only granted under
stringent conditions.
22.b. Transportation Insurance
An obligatory insurance covers risks associated with transportation.
The buyer shall bear the expenses for transportation insurance
and claims regulation. A buyer shall inspect the items for damage
immediately after delivery and notify the freight forwarding com-
pany of any damage; later complaints based on damage which is
not hidden are excluded.
22.c. Customs DeclarationWe offer a customs declaration for only
100 Euro for all amounts above 1,000 Euro. For all smaller amounts,
we don’t need any declaration. Separate terms may apply to the USA.
23. Bidders should take care when inspecting items, as all they will
be fully liable for any damages.
24. These terms and conditions apply correspondingly to the post
auction sale or open sales of auction items at the auctioneer’s own
discretion.
25. Place of performance and jurisdiction for both is Wurzburg.
26. These terms and conditions are governed by German law. The UN
Convention on the International Sale of Goods (CISG) shall not apply.
27.Should any clause in these terms and conditions prove to be void,
the other clauses will remain in force.
28. These general terms and conditions are available in German,
English and French. The German version always takes preference,
whereby only German law is valid for the meaning and interpretation
of the terms used in these terms and conditions.
All measures are approximate!
According to the German Auction Law we inform about measu-
res: L = length, H = height, B = width, D = diameter, M = measure
1 cm = 0,39 inch