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AUCTION HOUSE PARI

Delivery conditions

1 Scope

 

a) The following consignment conditions (EB) apply to sales at auctions held by the auction house (auctions) and the associated transactions, eg post-auction sales. The auction conditions (VGB) of the auction house Pari also apply.

 

b) The auction and the associated business are carried out by the auction house Pari GmbH, represented by the managing partner Michael Preiser, Hanauer Straße 24 a, 63739 Aschaffenburg, www.auktionshaus-pari.de, auktionshaus.pari@gmail.com, Tel.: 06021 5850846.

 

c) The auction of the objects takes place voluntarily and publicly. The auction by the auction house Pari GmbH takes place within the framework of the representation according to §§ 164 ff BGB in the name and on account of the consignor. d) The EB and VGB are published on the website of the auction house Pari GmbH, can be accessed at www.auktionshaus-pari.de and are posted in the auction rooms. They can also be sent at any time on request.

 

 

2. Delivered Items

 

a) The consignor hereby commissions the auction house Pari GmbH to auction the objects listed in an attachment. The delivered objects are used goods. The consignor assures the auction house that he is the authorized owner of the items delivered or is an authorized representative of the authorized owner.

 

b) If the consignor consigns cultural goods whose country of origin is not the Federal Republic of Germany, the consignor assures that he observes both the export regulations of the country of origin (§§ 21 ff. KGSG) and the import regulations of the Federal Republic of Germany (§§ 28 ff. KGSG). Has.

 

c) The consignor also assures the auction house that he has complied with the provisions of species protection.

 

d) The consignor is liable for his information about the object, in particular about value-adding factors regarding authenticity, damage, weight, size, provenance, material or age. These represent assurances. He further assures that he has done this to the best of his knowledge and belief and that he has provided the auction house with complete and comprehensive information, even without the auction house asking. The consignor undertakes to inform the auctioneer in writing and without delay of any circumstances that may subsequently become known to him that may affect the value.

 

e) The consignment and, if necessary, collection of the objects takes place at the expense and risk of the consignor. For the duration of the care of the auction house over the delivered objects, these are insured at the limit price against loss, fire and mains water. If no limit price has been agreed, the insurance value is the equivalent of €40.00. For other damages, the auctioneer is only liable for intent and gross negligence; this does not apply to liability for damage resulting from injury to life, limb or health that is based on a negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agent.

 

f) The consignor does not insist on an appraisal or appraisal by publicly appointed and sworn experts or appraisers appointed by the IHK, even if gold or silver goods, precious stones or carpets are involved. Should the consignor nevertheless wish to have such an expert opinion, it will be obtained by the auctioneer at the consignor's expense. In addition, the auctioneer has the right to appraise the consigned objects at its free and dutiful discretion. Gold, silver and other precious metals can be sold below material value. The consignor will be informed of this.

 

g) The consignor is liable for defects in the art objects. The auction house is the consignor's representative. In the event of a question about a defect in an object, the consignor also indemnifies the auction house from third-party claims; the consignor is the buyer's direct contractual partner and thus the liability contact. If the defect is not visible to the eye and was known to the buyer before the consignment contract was concluded, the consignor must fully reimburse the auction house for the lost brokerage fee in relation to the buyer as well as in relation to his own brokerage fee .

 

h) There is no right to preservation or return of the packaged goods. i) If there is a suspicion of forgery, the auction house has the right to place the object in the appropriate databases.

 

 

3. Power of Attorney

 

a) The auctioneer is authorized to collect the proceeds, transfer ownership and all associated rights; this also includes the authorization to collect and sue for purchase money, arrears and ancillary costs in one's own name at the expense of the consignor.

 

b) The consignor authorizes the auctioneer to depict his objects in catalogues, on the Internet and other media customary in the trade.

 

c) The auctioneer has the sole right of exploitation to images that the auctioneer has taken of the objects in preparation for an auction.

 

d) The auctioneer is released from the restrictions of § 181 BGB, so he can also acquire items himself or for third parties; self-entry is equivalent to a sale.

 

 

3. Limit price

 

After the auction house has appraised the objects, it sets an estimated price for the object. The auction house then sets a limit price in consultation with the consignor. This is usually two-thirds of the estimated price. The object is called up in the auction at the limit price. If there is no limit price, the object is called up at a starting bid of €40.00.

 

4. After Sale

 

a) The consignor authorizes the auction house to sell an object that was not sold at the auction at the limit price as part of a post-auction sale. The post-auction sale ends four weeks after the end of the auction. The consignor is informed that the buyer may be entitled to a right of withdrawal in the event of a subsequent sale.

 

b) In the event that an object was not sold during the auction or in the post-auction sale, the consignor is obliged to pick up the object within four weeks of notification. Returning unsold items to the consignor requires prior agreement and is at the consignor's expense and risk. If the objects are not picked up, storage fees may be charged in accordance with the VGB.

 

c) The auctioneer can keep unsold objects as security to settle due claims against the consignor or sell and exploit them in private sales or in other auctions; this also includes claims from expenses incurred.

 

5. Free sale

 

a) Objects that have not been sold in the post-auction sale can be offered as part of the open sale. The acceptance of an object for free sale takes place after consultation with the consignor, unless the consignor has not picked up the objects within the period after the post-auction sale. In this case, the goods will be taken over for free sale without further consultation with the consignor.

 

b) In free sale, the limit price can be reduced by up to 40%.

 

c) The auction house also offers its own goods for free sale. This is taxed according to the differential taxation.

 

d) The prices shown in free sale are final prices.

 

 

6. Fee for the auction house

 

a) The consignor pays an agreed fee to the auction house. The fee is 10% of the auction price plus the VAT applicable at the time of the auction.

 

b) Delivering dealers must note on the order that they are entrepreneurs according to tax legislation and that they pay the sales tax from the sales made themselves.

 

c) In the event that the delivered objects are not sold, the fees for the auction house will not be incurred.

 

d) For works of art, the sale of which results in a resale right tax, the consignor must bear this tax. The tax is passed on to the buyer. In the event of non-payment by the buyer, the consignor's payment obligation continues.

 

 

7. Billing

 

a) Within six weeks after the auction, the consignor will receive the statement, insofar as the proceeds have been received by Auktionshaus Pari GmbH. If the auction house does not receive the proceeds, it can, after notifying the consignor that the order has been carried out, name the buyer without any legal disadvantages.

 

b) The auctioneer is only liable for the proceeds once the work of art has been handed over to the buyer. Liability for the proceeds is excluded if the auctioneer notifies the consignor of the buyer's name and address.

 

c) In the event of doubts of a factual or legal nature regarding the object, the auction house is entitled to withhold payment of the proceeds for a period of two weeks after becoming aware of the doubts; the consignor will be informed of this immediately; if the doubts do not arise within these two weeks, the auctioneer will make the payment.

 

8. Contractual obligation, withdrawal from the contract

 

a) The consignor is bound by the contract until the end of the post-sale. If he withdraws the order in whole or in part, the consignor has to pay the auction house an amount equal to 20% of the lower estimated price, whereby the consignor has the right to have the estimated value checked by a publicly appointed and sworn expert; if the estimated value determined here deviates by more than 20% from the estimated value determined by the auctioneer, the new estimated value shall apply; The auctioneer will only bear the costs for the expert in the case mentioned that the estimated value deviates by more than 20%.

 

b) In the event of withdrawal, the consignor undertakes to collect the objects within two weeks in agreement with the auctioneer at his own risk and expense.

 

c) The auction house can withdraw from the contract at any time in justified cases. This applies in particular if there is a suspicion that the items delivered have been stolen or counterfeited. In the event of a national and/or international export ban or sales ban affecting the country of one of the parties involved, the auctioneer is also entitled to withdraw from the auction order and reverse the contract.

 

9. Use of Image Files and Object Information

 

The auction house reserves the right to save images of the items submitted and to use them for advertising purposes, even after the auction.

 

10. Privacy

 

The consignor's personal data is stored and processed electronically to process the business transaction. However, the consignor authorizes the auction house to pass on data for the examination and assessment of the objects. In particular, the auction house is entitled to use and pass on the data as part of a database query or provenance determination. Otherwise, reference is made to the data protection agreements of the auction house.

 

 

11. Final Provisions

 

a) If the auctioneer has doubts as to whether an object is subject to a sales restriction under public law, he can make a reservation.

 

b) The auctioneer reserves the right to withdraw from the contract of sale on behalf of the consignor in those cases in which it turns out that the auctioned object comes from a robbery excavation, it is looted or stolen art, from an expropriation in the period of the Third Reich or violates other legal provisions.

 

c) The law of the Federal Republic of Germany shall apply to contracts between the consignor and the seller, excluding the UN Sales Convention. The place of jurisdiction is Aschaffenburg.

 

d) Should a provision of these General Terms and Conditions be ineffective, the remainder of the purchase contract shall remain effective. The applicable statutory provisions shall take the place of the ineffective provision.

 

e) Deviations from the aforementioned provisions must be made in writing and must be approved by the seller. Verbal agreements are ineffective.

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