The terms and conditions of auction are accepted by personal, telephone, written (fax, e-mail or postal) or "live bid" participation in the auction and after sale.
The auction is voluntary. It is carried out by the auction house Yves Siebers Auktionen GmbH as a commission agent in its own name on behalf of the client, with the exception of the specially marked own goods.
The consignors remain unnamed.
The auction items can be viewed and reviewed prior to the auction. The items are used. The catalog descriptions are purely for information. They are not guaranteed properties within the meaning of § 434 ff BGB. Colored reproductions do not have to be true to color. The auctioneer assumes no liability for catalog information, age, origin, size, weight, damage or other defects, except in the case of warranted characteristics. The buyer has to provide proof of a defect. A defect must be reported within 5 working days of acceptance. Defects submitted in due time and justified are asserted against the consignor. A liability of the auctioneer or his employees is excluded. Warranty claims can only be made for paid objects.
a) Corrections of catalog information can be made up to the auction date. This is done by a public notice in the house as well as verbal information immediately before auction of the lot. These corrections replace the catalog descriptions.
Each bidder receives a bidder number, which is only handed out upon proof of identity.
Written bidder applications are processed carefully, but without guarantee. For written, telephone or online "Live Bidding" the order must be placed no later than the day before the auction
(12 o'clock). Telephone bidding is only possible from a starting price of € 200, -, with lots with a lower limit automatically € 200, - offered. The limit price is also a table bid when bidding by phone and is automatically effective. The order forms must be used for this. Written orders can be placed in person, sent by mail or fax. Email orders must be confirmed by fax or letter. The amount stated is considered the highest bid of the Bidder. The hammer price can also be made at a lower price, but not below the minimum price. The auctioneer is entitled by the order to increase for the bidder up to his specified maximum bid in the usual steps.
The auctioneer reserves the righr to exlude persons for special reasons from the auction.
The prices indicated in the catalog are limit prices. For items without limit, the starting price is at the discretion of the auctioneer. These are called? O.L. ? characterized. Low bids which are below the reserve price may be rejected by the auctioneer or are subject to reservation. If the contract is conditional, the bidder is bound to his bid for 4 weeks. If he does not receive the unconditional hammer price during this time, his offer will expire. Bids are usually made in 10% increments. The contract will be awarded if no higher bid is made after calling the highest bid three times.
a) Lots, which are limited to 100 €, can be added to bids up to 50% below limit during and after the auction. Lots which are limited to 100 € can be added to bids up to 10% below limit during and after the auction , Exceptions reserved.
The auctioneer reserves the right to combine, separate, offer out of order or withdraw catalog numbers.
The auctioneer is free to decline bids. In this case, the immediately preceding bid remains in force and is binding. In case of disagreements, or other doubts about the surcharge, the auctioneer may recall the item again. If a highest bidder wants to take back his bid, the auctioneer may nevertheless award the bid to him, with all the following rights and obligations. However, he may also award the bid to the next lower bid or call the lot again.
The contract requires immediate payment and immediate acceptance. With the surcharge, the risk of loss, confusion, damage, etc. is transferred to the buyer.
The purchase price is made up of the hammer price and the premium. For the premium, a distinction is made between ticket vendors or bidders who submit their bids in writing and the so-called "Live Bidders". The premium for salary surcharges and surcharges for written bidders is 25%. For surcharges, which come about "Live Bidding / Online Live Bidding" come, the auctioneer, the commission of the respective providers (www.lot-tissimo.com and www.the-saleroom.com) charged currently 3% + VAT to the "live bidders". The "Live Bidder" agrees that the auctioneer will take over the collection and pass it on to the providers as a continuous item. This service / service is the sole responsibility of the provider, for example www.lot-tissimo.com or www.the-saleroom.com.
a) In accordance with § 25a UStG, non-deductible items are items for which no right to deduct input tax exists. The bid is the net price. On the surcharge a premium of 25% will be charged. The final sum already includes VAT. An open tax card may not be issued pursuant to § 25a UStG.
b) For goods that do not meet the requirements under § 25a of the UStG, the standard tax applies. The bid is the net price. A hammer price of 19.5% + VAT will be charged on the hammer price.
c) If the standard taxation is applied, the following text can be found in the description text:
Rgb = 19%
Rgb * = 7%
d) For domestic purchasers who are entitled to deduct the value added tax, the total invoice can be requested on request and after prior notification of the VAT ID no. also be issued after the standard tax.
e) Deliveries to third countries are exempt from VAT, as well as the VAT number, including companies in EU member states. Purchasers who bring their purchased goods to third countries themselves will be refunded sales tax as soon as they submit to the auction house the customs export certificate as well as the import proof of the importing country. For invoices that need to be rewritten, the auction house reserves the right to charge a processing fee.
f) According to § 26 UrhG. (VG Bildkunst), an additional fee of 4% of the hammer price is payable on the purchase of an original work of art (sculptures, graphics, paintings) for certain artists who have not passed away longer then 70 years. This each carries half of the buyer and the consignor (each 2%) These objects are with one? #? marked behind the lot number.
Payment can be made in cash, by debit card or bank-approved checks. Discount can not be granted. All bidders must transfer the amount immediately upon receipt of the invoice.
The buyer is obliged to pick up the item immediately. Unless otherwise agreed, the items must be picked up no later than 5 working days after the auction. If possible, the goods may be issued during the breaks. The bidder is only entitled to delivery and transfer of the goods after full payment of the invoice amount. A storage of auctioned objects can be done free of charge after 14 days. From the 15th day there is a storage fee of € 5, - per day and object. Storage is at the risk of the buyer. Upon request and prior agreement, the house will carry out the shipping at the expense and risk of the buyer.
If the buyer is in default of payment of the purchase price, he loses his rights from the surcharge. The positions may then be auctioned off without further notice, at his expense, at one of the next auctions, or added to a losing bidder. In this case, the defaulting buyer is liable for a shortfall in the cost of the repeated auction and the auction fees. He is not entitled to any additional proceeds.
As long as catalog owners, auction participants and bidders do not express themselves to the contrary, they assure that they will keep the catalog and objects depicted therein from the time of the III. Empire only for purposes of civic education, the defense against unconstitutional aspirations, art or science, research or teaching, the coverage of events in current affairs or history or similar purposes acquire (§§ 86a, 86 Criminal Code). Yves Siebers GmbH and its consignors offer and deliver these items only under these conditions.
Each visitor is liable on the business premises - especially during visits - for any damage caused by him or her.
Jurisdiction and place of fulfillment is Stuttgart.