Conditions of sale at auctions

 

1. ART & DESIGN AUCTIONS SCHOPS TUROWSKI

ART & DESIGN AUCTIONS Schops TUROWSKI (hereinafter referred to as: ‘auctioneer’) auctions in public, voluntarily in the name and for the account of third parties.

2. Conduct of auction

The auction is to be conducted in Euro. Calling prices are such prices listed in the catalogue as limit prices. Calls for offers are increased by specified bidding steps, which are listed in the catalogue.

3. Items on offer at auctions / catalogue description

Items are used and come to auction in such condition in which they are at the time of the acceptance of the bid. Catalogue descriptions and respective descriptions on the internet sites of the auctioneer are made according to best knowledge and conscience, but are no guarantees according to law. The same applies respectively for oral information, information in writing or information in text form. Further buyer is hereby informed that due to technical reasons pictures of the items, particularly on the internet sites as well as in the event of sending them by E-Mail may differ from the respective original, particularly regarding colour and resolution.

Only the respective works of art are offered in the auction, but not frames, passe-partouts or picture glass. These can be given to the buyer free of charge with the work. No liability is assumed for those parts that are not part of the auctioned item.

4. Bids

Participation in an auction

Bids can be submitted live over the Internet via auction platforms where our catalogue is listed. In the event of a successful bid, the platform commission has to be paid in addition to our premium (see also Chapter 9).

5. Acceptance of a bid

Acceptance of bid is given to such potential buyer who offers the highest bid at the end of the auction. In case of dispute only the auctioneer is entitled to decide on the price or the winning bidder. The auctioneer is entitled to refuse any bid without stating a reason.

6. Taking into possession / invoice/ payment / passing of risk

Acceptance of bid obliges to immediate taking into possession and payment. Buyers are obliged to pay within six calendar days upon acceptance of bid or issuing an invoice, whereupon the respective later date is essential. Payment is usually made by bank transfer.

Buyer is in default without reminder after the above payment limit has elapsed. With handing over of the auctioned item, the risk of random destruction or deterioration of the item lays upon the buyer (passing of risk). If instead of handing over the item such item is send the provision in clause 12 applies. Passing of risk takes place, in the event that no prior handing over of the item took place, at the latest upon default.

If payment takes place in a foreign currency any possible currency losses and/or bank fees have to be paid by buyer.

Export delivery is exempted from VAT, however, within the EU this applies only to businesses with VAT identification number. Once proof of export and proof of acceptor are provided to auctioneer, the foreign buyer is entitled to reimbursement of VAT. Custom and VAT that accrue from import have to be borne by the buyer in any event.

7. Retention of title

Property of the item is not transferred to buyer until full payment of all sums owed to auctioneer (retention of title). While retention of title is valid buyer is obliged to refrain from selling the item (item which is owned with reservation) or otherwise dispose of the property hereof. Buyer is obliged to refer to the existing third-party property if third parties, in particular bailiffs, try to get hold of the item which is owned with reservation and to notify auctioneer accordingly without delay in order to enable the enforcement of property rights.

8. Limited Liability

Claims for indemnity - irrespective of legal basis - against auctioneer including its representatives and auxiliary persons, which presume negligence, only exist, if a material contract obligation has been breached. In such event claims for indemnity are limited regarding its amount to the damages which are typically predictable.

Claims concerning damages of life, body and health as well as damages to property pursuant to the EU Product Liability Directiv85/374, damages due to purpose or gross negligence as well as for guaranteed characteristic of state are not subject to the above limited liability.

If a buyer can proof within one year upon the auction that information regarding the auctioned item, which lessen its value or usability not insignificant or making it void, were wrong, then auctioneer is obliged to enforce its claim - as the case may be jurisdictional - against the person who issued the item to the auction. In the event where such claim is successful auctioneer reimburses the purchase price matching payment with physical delivery of the bought item in unchanged condition.

9. Commission / surcharge

On top of the price for acceptance of bid a surcharge (commission) in the amount of 24% plus currently applicable VAT has to be paid. If the bid is made via an online auction platform, the premium increases by the commission charged by the platform. Payment of the full amount has to be carried out in Euro and within the time limit set in clause 6 above. Bank fees, if any, have to be paid by buyer.

10. Resale rights

For works of art whose sale is subject to resale right fee, the buyer participates in the resale right fee pursuant to the Directive on the resale right for the benefit of the author of an original work of art in the amount of 4 % of the acceptance of bid price. Items for which such fee is requested are marked with a small star* in the title in the catalogue.

11. Default

In the event of payment default auctioneer is entitled to choose between fulfilment of purchase agreement or withdrawal from the agreement and request for damages caused by failure to fulfil the obligations from the initial agreement. Upon default interest upon the due amount has to be paid. Interest rate for consumers is 5 % points above the respective Dutch basis interest rate and for the rest 8 % points above the respective Dutch basis interest rate.

Further the item can be auctioned again at the expense of the person in default. The person in default is liable for any minor proceeds as opposed to the prior auction. He is not entitled to higher proceeds, if any.

The auctioneer is entitled to exclude him from any further auction.

12. Taking along / Shipping

In general, purchased items cannot be taken immediately. In general, it is the buyer’s obligation to pick up the purchased items. Upon request shipment of small objects up to a weight of 30 kg can be organised by auctioneer. For such service and for the packaging necessary for the shipment costs accrue, the amount of which can be checked at the auctioneer’s internet site under the flag ‘shipment’ in a price list. For items that increase the above weight limit the auctioneer can name adequate shipping companies.

Shipment, if any, take place at the expense of the buyer. In the event that buyer does not act as consumer, risk of random destruction or deterioration of the item is passed to buyer upon handing over to such person who is in charge of shipment.

13. Publishing of results

Results will be published on the auctioneer’s internet site in general starting with the work day following the respective auction.

14. Consequences of delayed pick up

If items that were bought in auction are not picked up within 10 days upon the end of the auction, then Buyer is obliged to pay fees for unrequested storage in the amount of

10 EURO for small objects (particularly show-case objects and paintings)

20 EURO for big objects (particularly furnishings)

per week, whereupon he can previously ask whether a particular item is deemed small or big.

15. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (ART AND DESIGN AUCTIONS BV, Markt 19, 6071 JD Swalmen, Netherlands, e-mail: Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!, phone: +31 85 201 9492) of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
You may use the attached model withdrawal form at the end, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.

16. General provisions

Place of fulfilment and jurisdiction is the court of Limburg, which has its hearing location in Roermond, if the buyer is merchant/business man or does not have a general jurisdiction in the Netherlands or is a public legal entity or a public law special fund.

Should one or several of the above provisions proof to be or become void the validity of the remaining terms remains unaffected.

Dutch law applies. The provisions of CISG are excluded. In the event that this auction terms and conditions are provided in several languages the English text prevails.

 

 

Model withdrawal form

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

– To ART AND DESIGN AUCTIONS BV, Markt 19, 6071 JD Swalmen, Netherlands, e-mail: Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

 

– Ordered on (*)/received on (*),

 

– Name of consumer(s),

 

– Address of consumer(s)

 

– Signature of consumer(s) (only if this form is notified on paper),

 

– Date

 

(*) Delete as appropriate.

 

 Model Withdrawal Form as pdf (click here)

 

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