Conditions of Sale for Bidders at WestLicht Photo Auctions
(OstLicht GesmbH) October 2018
1) By submitting an absentee or telephone bid, making an online bid offer or by personal participation in an action each and every bidder agrees to abide by the following conditions of sale. These conditions also apply to subsequent sales. Where there is a conflict of meaning due to errors of translation, the German text, as printed in the auction catalogue, is binding. Commission bids and personal information of those submitting lots for sale and bidders will be dealt with by WestLicht Photo Auction in the strictest confidence and will not be passed on to third parties.
2) The auction is public and voluntary and will be conducted in accordance with the regulations set forth in paragraph 288a ff of the Trade Regulations of 1997 and also in accordance with these conditions of sale. The auction will be conducted in our own name and account. Place of jurisdiction is Vienna. Austrian law is also binding on all foreign bidders.
3) The valuation and expert description of objects will be carried out by the experts of WestLicht Photo Auctions who will take all reasonable care to describe the condition of the lots in the catalogue as accurately as possible. All errors in the catalogue are excepted. WestLicht Photo Auction also reserves the right to amend any description up to the time of auction. Auctioned items cannot be returned (see also paragraph 12).
4) Viewing of the objects intended for the auction is possible within the period stipulated in the catalogue. If it is not possible for a bidder to view an object in person, we will be happy to forward them a more detailed description of the optical condition. This information may be given by telephone, in writing, or by e-mail. Additional photos can only be sent by e-mail. During both viewing and the auction visitors and bidders should exercise the greatest of care since they will be responsible for any damage caused in full.
5) Written bids may be submitted prior to the start of the auction (by letter, fax, e-mail or an online offer through our website). Written purchase orders must reach the auctioneer at least 24 hours before the start of the auction and must be clearly legible. In order to be taken into account they must also contain the client’s exact address as well as their highest bid in EURO. The price specified therein will be regarded as the highest hammer price. In the case of a successful bid, all additional charges will be added to the bill. We carry out written bids scrupulously, the highest bid designated therein only being made use of when other offers (written or verbal in the auction rooms) make it necessary to do so in the interest of the bidder. Telephone bids are only possible on lots worth more than EURO 500 exclusive of charges. In the case of telephone bids too, it is necessary that the intention to bid by phone be deposited in writing with the auctioneer at least 24 hours prior to the auction. Telephone bidders will then be called by WestLicht Photo Auction before bidding starts on the relevant lots. However, there can be no guarantee that a telephone connection can, in fact, be made. After having been legitimated by means of an identification document or credit card, auction-room bidders will be given a bidder number before the auction starts.
6) The total purchase price consists of the hammer price, the buyer’s premium and applicable VAT or amount in lieu of VAT at applicable rate.
- For items exported to non-EC countries, the premium is 20% (if you use LIVEAUCTIONEERS: 25%)
- For items not exported outside the EC the premium is 24% (if you use LIVEAUCTIONEERS: 30%)
- On items marked with * symbol 13% (for photographs) or 10% (for books) will be added on hammer price and premium for buyers within the EC.
- For property with * symbol VAT registered buyers from the European Union (EU) countries may have the VAT refunded if they provide us with their VAT identification number when registering for bidding.
- Buyers taking property to a non-EU country in person may have the VAT refunded if they provide evidence that the property has been removed to another country outside the EU in the form of a copy of customs export documentation stamped by customs officers.
7) The lots will be auctioned in numerical order as listed in the catalogue. The German text of the auction catalogue is binding. The auctioneer reserves the right to group numbered lots together during the auction, to separate them, to remove or to change the order as he sees fit. He may refuse an offer and rescind an accepted bid in order to continue bidding.
8) Bids will be in increments of approx. 10% of the starting price. As a rule the start price is the one to be found in the catalogue unless there have been higher written bids. In this case the auctioneer will call a bid favoring the highest bidder. This will be approx. 10% higher than the written offer made by the second highest bidder. Should there be more than one written, highest bid, the lot will be awarded to the first to arrive. The hammer price is the net purchase price.
9) Ownership of the goods only passes to the buyer after payment in full has been made. When a lot is hammered down, the acquirer is obligated to accept and pay for the lot for which he bid. In no circumstances will the auctioneer accept the return of any lots. Once the hammer has fallen all risk with regard to the article is transferred to the acquirer. However, the lot will only be delivered to the acquirer after full payment of the hammer price including all taxes, fees and charges due.
Should agreement be reached to deliver the item before full payment has been made, ownership of the article in question remains vested in the supplier until payment has been made in full.
10) In the absence of an agreement to the contrary, at the end of the auction bidders in the auction rooms must collect and pay for the lots they have acquired. Where payment is to be made by bank transfer, the total purchase price is due immediately together with any bank charges. Invoices for the items acquired either in writing or by telephone will be sent to the highest bidder immediately after the end of the auction. These must be paid within 8 days of receipt, in full and without deduction. Where payment is delayed interest will be due at a rate 5% above the prevailing rate of the „European Interbank Offered Rate“ (EURIBOR) / 3 months. Payment may also be made by cash on delivery, money or postal order or banker’s check. The acquirer accepts responsibility for all expenses involved in these methods of payment. Costs relating to packing, transport and transport insurance are not included and will be separately detailed on invoices. We would also like to bring to your attention that we only invoice for packaging at cost price and that because of agreements reached with transport companies we can offer favorable transport and insurance rates. Nevertheless, storage and packaging is at the buyer’s own risk.
The auction house is entitled to collect a storage fee of € 1 - € 10 (depending on the size and value) per day and item for items auctioned which have not been collected after the expiry of 30 business days from the date of the invoice.
11) In the case of refusal to accept delivery or late payment, the buyer is liable for all damages and costs arising there from. In either of these cases the auctioneer may require that either the contract be fulfilled or damages resulting from non-fulfillment be paid. The lots may then be auctioned again at the expense of the buyer. In this case the buyer is liable for the reserve price and has no claim on any additional revenue made.
12) Auctioned items cannot be returned. However, any case of obvious misrepresentation must be reported immediately after the auction verbally or in writing not more than 14 days thereafter. If the complaint is accepted as valid, the buyer has a right to the repayment of the purchase price and charges upon simultaneous return of the auctioned object. No other claims will be entertained.
13) After completion of the auction we are entitled to sell any non-auctioned items subject to the normal conditions of business in the name of, and for the account of, the supplier.