Terms and conditions
Conditions of sale
By participating in one of our auctions you accept the followings conditions:
1. Auctions are held by the auctioneer as commissioning agent on behalf of third parties, whose names are not disclosed. They are arranged at public in accordance with §§ 383 (3) and 474 (1) of the German Civil Code (BGB).
2. The auctioneer has the right to combine and separate items or auction them in a different order or withdraw them altogether.
3. All items lots to be put up for sale may be viewed and inspected prior to the auction. They are second hand and according to their age and their use they can therefore show traces of usage and wear marks and, if necessary, they also can have restorations without detracting from the perception, the value and the meaning of these objects. Their authenticity and originality also remain untouched of this.
4. The auctioneer reserves the right to make corrections to catalogue information. These corrections take the form of written notices resp. verbal notifications made by the auctioneer. The corrected information takes the place of the catalogue descriptions. Objects will be sold in the condition they are in at the point in time of the knock down. The information (incl. measures) is shown in the catalogue to the best of one’s knowledge and does not represent any contractual information regarding characteristics or warranties within the sense of commercial law. Any condition reports submitted at the request of the interested parties do not contain any contractually agreed information regarding characteristics; they serve solely as an aid to more exact orientation regarding the external condition of the item in the auctioneer’s estimation. All reproductions contained in the catalogue and on the website is to give potential buyers an idea of the work of art; they are neither an integral part of the agreement on the condition nor a guarantee with regards to the condition.
5.The auctioneer does not assume any liability for defects, provided that he has exercised the due diligence required of him. However, he undertakes to assert his warranty claims against the consignor in the event of legitimate complaints of defects which are raised in good time; the limitation period for such complaints is twelve months from the point in time of the knock down. In the event that the assertion of the complaint against the consignor is successful, the auctioneer will reimburse the paid purchase price (including any premium) to the buyer; any more extensive claims are excluded. However, the acceptance of the return of the auctioned item is subject to the condition that its condition has not changed since the auction. The auctioneer assumes no liability for faulty translations of the catalogue texts from German into other languages.
6. 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 description 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.
7. The prices listed in the catalogue shall be start prices and estimated prices. During bidding items are increased by approximately 10 %. A lot is knocked down if no higher bid is made after three calls and the vendor’s minimum specified price has been reached.
8. In the event of a knock down under reserve, the bidder will be held to his or her bid for three weeks. Once a reserve is declared, the catalogue item may be sold to a limit bidder without further consultation. Where the auctioneer rejects a bid, the previous bid will remain binding. Where there are two bids at the same amount, lots shall be drawn. The auctioneer may revoke the knock down and offer the item again if and when a higher bid submitted in good time has mistakenly been overlooked or if and when the highest bidder does not wish for his or her bid to stand or if and when there is otherwise doubt regarding the knock down.
9. The auctioneer may bid on the lot on behalf of the consignor up to the agreed minimum specified price (reserve) without giving notice that he is doing so and independently of whether other bids 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.
10. Bidder orders are handled with the utmost care; they should contain precise instructions, communicated in writing and arrive least three business days before the auction. They will be utilised by the auctioneer solely in the scope and to the extent that is required to surpass any other bids. Written bids more than 20 % under the starting price will not be considered. On account of the legal uncertainty no liability shall be assumed with regard to e-mail bids.
Telephone bidding is only possible for lots with a starting price in excess of 300 Euro. It will be only accepted on condition that the start price is the minimum bid. Those, who bid by phone are reminded that these phone conversations are recorded and listened. Everybody bidders expressly declare to agree with it. If there are objections, these are to collect by the bidder in advance in writing. The auction house reserves the right to exclude such bidders from participation. Upon completion of the transaction the records will be deleted immediately.
For all kinds of telecommunication no guarantee can be given. This includes also bidding via internet.
11. 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.
12. An additional premium of 19 % will be added to the knock down, as well as VAT resulting from the premium.
13. If it should be necessary to obtain CITES certificates for the purpose of granting special exemption from the prohibition of marketing objects covered by this Convention, then the cost thereof shall be borne by the purchaser.
14. Payments shall be made in cash in EUR (€) directly on the day of the auction. Non-cash payments shall only be accepted on account of performance upon special agreement. The auctioneer is not liable for due presentation, protestations, notifications or return of uncashed payments / means of payment. In the event of non-cash payment having been approved of by the auctioneer, all costs, taxes and fees resulting from the payment (including all bank charges accounted to the auctioneer) shall be borne by the buyer.
15. Where a purchase has been arranged in writing or telephone bidding, payment should be completed within ten days of the invoice date. Ownership only passes to the Purchaser once payment has been made. The auction item will be delivered once this has been arranged.
16. 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 compensation 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.
17. The buyer is obligated to accept surrender of the items immediately 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. The Purchaser shall bear all risks for this arrangement.
18 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 and 80 Euro 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. The transport of any items purchased at the auction will be carried out at the buyer’s request, expense and risk.
18 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 company of any damage; later complaints based on damage which is not hidden are excluded.
18 c. Customs Declaration
We 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.
19. Unknown bidders are required to provide proof of adequate security before the start of the auction. Therefore we need personal data (name, address, date of birth) and a copy of your identity card. At the time competitive bid an authorisation is obtained on your credit card based on the reserve. There must be sufficient credit on your card to cover all charges. Otherwise the commission might not be carried out.
20. Bidders should take care when inspecting items, as all they will be fully liable for any damages.
21. These terms and conditions apply correspondingly to the post auction sale or open sales of auction items at the auctioneer’s own discretion.
22. Place of performance and jurisdiction for both is Würzburg.
23. These terms and conditions are governed by German law. The UN Convention on the International Sale of Goods (CISG) shall not apply.
24. Should any clause in these terms and conditions prove to be void, the other clauses will remain in force.
Conditions of sale for silent auctions
For silent auctions the following clauses apply in addition to the abovementioned terms and conditions:
1) Prospective buyers at a silent auction can only place bids in writing. Items at a silent auction will not be called. This means that it is not possible to submit personal or telephone bids for these lots.
2) Written bids for items in a silent auction must be have reached the auctioneer in written form no later than 24 hours before the beginning of the auction and be comprehensible and complete in the opinion of the auction house. On account of the legal uncertainty no liability shall be assumed with regard to e-mail bids.
3) These conditions and the abovementioned terms and conditions apply to each and every bid and hence the contract of sale. Amendments must be in writing to be valid. This is a translation of the German version, in the event of any dispute over interpretation the German version shall prevail.
Conditions of consignment
Our experts are available at all times to appraise your works of art. This service is non-binding, free of charge and discreet. If you decide to consign your object to an auction our experts will determine the current value of your object and will agree with you upon a limit price, under which the object will not be sold.
Consignments will be accepted not later than two months prior to the auction.
1. The ZEMANEK-MÜNSTER tribal art auction house (hereinafter referred to as the "Auctioneer") sells the items at public auction as commission agent and for the account of the depositor (consignor), whose names are not disclosed. The enclosed Auction Conditions should be recognized by the Consignor as forming an integral part of the contract.
2. The Consignor hereby confirms that he or she has been notified of the location and time of the auction at which the consigned items are to be auctioned.
3. The Consignor confirms that he is the rightful owner of the consigned property with the appropriate powers of disposition or is authorized to act on the owner’s behalf.
4. The items to be auctioned are second hand. The Consignor is accountable to the Auctioneer for any and all material and legal defects pursuant to the application mutatis mutandis of commercial provisions, subject to the condition that the limitation period is twelve months and commences upon the surrender of the item to the Buyer. Should defects or concerns about defects arise before the auction, the Auctioneer is entitled to withdraw the property in question from the auction or to postpone the auction to another date. Should the auctioneer have reason to believe, according to his best knowledge and judgement, that an item which has been submitted is not authentic, he reserves the right to withdraw from the contract and to list it in the “Datenbank kritischer Werke” (Database for Critical Works) maintained by the Bundesverband Deutscher Kunstversteigerer e.V. (National Association of German Art Auctioneers) until such time as its authenticity has been verified beyond doubt.
5. If an agreed limit is not reached, the Auctioneer is entitled to knockdown subject to reservation. The Consignor is obliged to notify the Auctioneer of his or her decision on this matter immediately and in writing. The Auctioneer is entitled to a percentage where multiple items are to be auctioned.
6. The items to be auctioned are to be delivered to the Auctioneer at the cost and risk of the Consignor; items can be also picked-up by the auction house if required. The Auctioneer is commissioned to insure the property items against any risks (especially theft by housebreaking, fire and water pipe damage) at the cost of the Consignor for the amount of the limit, less the agreed discount. More extensive liability from the insurer is excluded. The share of costs of risk shall amount to 0.5 % of the limit or estimated price (plus + VAT). The insurance covers the period from consignment until 2 weeks after settlement. If the Consignor does not wish insurance cover to be taken out by the Auctioneer, the Auctioneer will be exempted from all statutory or contractual liability, unless the Auctioneer is guilty of wilful intent or gross negligence. This liability exclusion shall also apply to the personal liability of legal representatives, senior employees, other employees and vicarious agents of the Auctioneer.
7. Unsold objects should be picked up unprompted by the Consignor 14 days after billing at the very latest. After this period, the Auctioneer can put the objects into storage at the Consignor’s expense and risk either on his own premises or with a third party and/or place the item in a further auction, whereby the limit will be automatically reduced by 50%. In the event of a third auction the limit will be removed altogether. The Consignor will be informed if their item is to be included in a further auction. For storage, a fee of 2 Euros (plus VAT) per object per day or the rate of the storage company will be charged. Where storage is required, the Consignor shall also bear the costs of any necessary insurance (plus VAT). Appointments for the collection of stored objects are to be arranged with the Auctioneer. Transportation, packaging, insurance and return shipment of unsold objects will be undertaken at the delivering party’s cost and risk; the auctioneer is only the facilitator for these services.
8. Proceeds attributable to the Consignor for auctioned property items are settled by deducting the agreed commission and all expenditure from the hammer price. For consignments within Germany and the European Union, statutory value-added tax is included in the commission and is will listed separately.
9. If the Consignor withdraws the assignment he or she will be liable to pay a flat rate compensation fee equivalent to 30% of the limit price of the item as well as any costs incurred by the Auctioneer, plus VAT. The same also applies should execution of the order be cancelled on account of a culpable breach of duty by the Consignor; especially where there are defects in the quality of the item (see section 4 above). The Auctioneer reserves the right to enforce additional damages. The Consignor has the right to provide proof that no damage has occurred or that or that it is much lower than the flat rate.
10. The relevant VAT rate is applicable.
11. Should the Auctioneer not receive the auction proceeds from the Buyer, the Auctioneer will not be liable to the Consignor to settle the transaction, including after notification of its execution, by informing the Consignor of the name and address of the Buyer. Liability for the sale proceeds shall only apply to the Auctioneer where he or she has already handed over the item auctioned to the Buyer.
12. Sale proceeds will handed over to the client approximately 4 weeks after the auction.
13. In accordance with § 25a of the German VAT Law (UStG), consignments in Germany and consignments from countries within the European Union are subject to differential taxation. Repayment of the value-added tax on the net proceeds is therefore not possible.
14. Where objects are not auctioned off in the intended auction, they shall remain available for post-auction sale; the conditions of contract apply accordingly for the post-auction sale and the open sale as well.
15. Costs of any legal actions or prosecution abroad shall be borne by the Buyer in the event that they are not reimbursable under the respective national legislation.
16. This contract includes all agreements between the Consignor and Auctioneer. Any amendments to this contract must be made in writing in order to be valid.
17. The place of performance is Würzburg. If the Buyer is a registered trader or if he or she has no general legal domicile in Germany, Würzburg shall be the legal venue. German law shall apply: the Convention on Contracts for the International Sale of Goods shall not apply.
18. Should one or more provisions of these Conditions of Contract be wholly or partially invalid, the validity of the other provisions will remain in full force and effect.
19. The Consignor took note of, and duly recognized, the aforesaid Conditions when the auction order was issued.