What are pre-sales and post-sales

General terms and conditions for after-sales

The purchase implies the unconditional acceptance of the following conditions of sale:

  1. The sale is voluntary. It is carried out by us, Quittenbaum Kunstauktionen GmbH (hereinafter referred to as the seller) in our own name and for the account of the client.
  2. Buyers have no right to be notified of the client.
  3. The purchased items can be viewed and checked before purchasing; they are all used and of a certain age; some may therefore no longer meet the legal safety standards that apply today. The actual state of preservation caused by this, which is not expressly described in the catalog or on the Internet, is the agreed quality (Section 434, Paragraph 1, Clause 1 of the German Civil Code). Colored reproductions in the catalog do not have to reproduce the objects true to color. All catalog information, which is given to the best of our knowledge and belief, is for information only; this also applies to information about the geographical origin of objects. They are not a contractually agreed quality and do not contain any guarantees in the legal sense; this also applies if objects in the catalog are highlighted optically or in any other way and / or are advertised outside the catalog for promotional purposes or similar. The agreed quality is only the catalog information about the authorship, signature, material, restoration and provenance, a special guarantee, from which further rights of the buyer arise, is expressly not accepted by the seller with regard to the corresponding quality. The agreement on authorship, signature, material, restoration and provenance does not establish any liability that is stricter than the liability provided for in the law, cf. §§ 276 Paragraph 1, 443, 477 BGB. No liability is assumed for the functionality and safety of electrical devices. Condition reports submitted at the request of the interested party only serve as a more detailed guide to the external condition of the property according to the seller's assessment. If the buyer can prove to the seller before the expiry of the statute of limitations, which - subject to an intentional violation of law - runs from the day of handover of the auctioned item and amounts to one year, that catalog information about the 'authorship', 'signature', 'material', ' Restoration 'and' provenance 'are incorrect, the buyer will be reimbursed the entire purchase price (hammer price; premium; value added tax; resale right share) step by step against return of the purchase object upon request; alternatively, at the buyer's option, the purchase price is to be reduced. The seller has unlimited liability insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by the seller or a legal representative or vicarious agent of the seller. Furthermore, the seller is liable for the slightly negligent breach of essential obligations. Essential are obligations, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customers regularly rely. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply in the case of injury to life, body and health for a defect after assumption of a guarantee, for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
  4. The purchase requires acceptance and payment. With the purchase, the risk of any loss, damage, mix-up, etc. is transferred to the buyer. The buyer is obliged to pick up the purchased item within ten working days from the seller's business premises, otherwise the buyer is in default of acceptance. In this case, the seller stores the purchased item with a shipping company at the buyer's expense. In addition, the seller is not obliged to surrender the purchased item to the buyer or to the shipping agent commissioned by the buyer before all amounts owed by the buyer have been paid in full.
  5. The purchase price is made up of the limit price, the premium of 25% and the VAT levied on the limit price and the premium in the respective statutory amount (standard taxation) or the limit price and the premium of 32% including VAT, which cannot be reported ( Differential taxation). Purchased goods that are not specially marked are generally taxed with differential, specially marked purchased goods are subject to regular taxation. In addition, the buyer has to pay a share of the fee to be paid by the seller to the collecting society Bild-Kunst as compensation for the legal resale right (§ 26 UrhG) in the amount of 1.5% of the limit price (plus VAT), if this is the case is an original work of fine arts created after 1900, the author of which is a member of VG Bild-Kunst (exception: picture and screen prints; posthumous casts of sculptures).
  6. Export deliveries are exempt from VAT, but only for companies with a VAT identification number within the EU. As soon as the export proof is provided, the foreign customer will be reimbursed the value added tax. The buyer must endeavor to obtain any official approval relating to the export.
  7. The purchase price, i.e. the final price (limit price + premium + or including VAT + proportional resale right) is due with the purchase. Buyers present in person have to pay the final price to the seller immediately in euros. Cash, EC card or credit card (Amex, Diners, MasterCard or VISA up to a final price of EUR 5,000 plus a fee of 3.5%) are accepted. In the event of later collection, the amount can also be paid by bank transfer. Payments from external buyers who have bought in writing, by email or by telephone are due within 10 days of the invoice being issued.
  8. If the buyer defaults on accepting the purchase or paying the purchase price, the seller can either demand fulfillment of the purchase contract or compensation for non-fulfillment. The buyer is in default ten days after the invoice has been issued. If the seller demands fulfillment, he is entitled to damage caused by default in addition to the purchase price. This also includes any currency loss, loss of interest and costs for legal prosecution. If the seller demands compensation for non-performance, he is entitled to auction or sell the purchased item again when the opportunity arises. With the knockdown or the second purchase, the buyer's rights from the previous purchase expire. The buyer is liable for any failure, has no claim to additional proceeds and is not allowed to be re-auctioned.
  9. Purchased items are only delivered after cash payment has been made. If a payment is not received on time, the buyer is liable for all resulting damage. A deferral is not granted. In the event of default in payment, the usual bank interest for an overdraft at the seller's house bank will be charged. The buyer reserves the right to provide evidence of lower damage.
  10. The seller stores all objects for a period of ten working days from the day after the purchase. Thereafter, he is entitled to have sold but not collected items stored in the name and on account of the buyer and at his risk with a shipping company. The buyer can choose to pick up the auctioned items himself or have them picked up by a person authorized in writing, commission a shipping company himself or authorize the seller in writing to have the item transported properly by a shipping company in the name, at the expense and risk of the buyer. In the case of the latter, the buyer authorizes the seller to provide the forwarding agent with the necessary data for the sole purpose of carrying out the transport and processing the purchase.
  11. Every visitor to the business premises is liable for any damage caused by them, especially when viewing.
  12. The data provided by the buyer are stored in the customer database of Quittenbaum Kunstauktionen GmbH for the execution / processing of the orders placed, for any queries and for customer care and treated in accordance with the statutory provisions (in particular the Federal Data Protection Act). The buyer can use his personal data for marketing purposes at any time as well as the data processing of his data after processing the purchase for the future by sending an informal message by post to Quittenbaum Kunstauktionen GmbH, Theresienstraße 60, 80333 Munich or by email to info @ quittenbaum.de contradict.
  13. German law applies exclusively.
  14. The place of performance and jurisdiction are, as far as they can be agreed, Munich.
  15. Should one or more provisions of these conditions be or become ineffective for the after-sale, the validity of the remaining provisions remains unaffected.
  16. If the conditions for post-sale are available in several languages, the German version is always authoritative.

Revocation instruction

Withdrawal form