Rules of Procedure Version May 2021
1. Authorization
(1) Kunsthandel Widder GmbH (hereinafter referred to as “Auction House”) conducts public auctions as commission transactions under the name Widder Auctions in accordance with the provisions of these Rules of Procedure and accepts orders for sale by auction in accordance with these Terms and Conditions . The statutory provisions only apply on a subsidiary basis. Mandatory legal regulations, such as the Consumer Protection Act, remain unaffected. Conflicting terms and conditions of the contractual partners of the auction house are not a contractual basis and are ineffective.
(2)The auction can take place in one's own name, on a commission basis or as a broker, inside or outside the business premises, on the Internet or with the help of any other sales medium.
2. Acceptance and rejection of objects, hallmarking
(1) Movable objects of all kinds are auctioned, in particular works of art and antiques with the exception of the objects listed in point 2, paragraph 2.
(2) The auction house will not accept any items that give rise to the suspicion that the consignor has illegally acquired them, that they have been embezzled or imported illegally.
(3) The acceptance of objects for auction can be refused without justification.
(4)The auction house reserves the right to withdraw items that have already been accepted from the auction at any time and without giving reasons.
(5) In the case of objects taken over from abroad, the auction house may request proof of customs clearance and an export license.
(6) The consignor may be asked to provide identification.
(7) Objects that do not comply with the statutory hallmarking regulations will be accepted with the proviso that the consignor bears the risk and costs of hallmarking.
(8th)The decision as to whether precious metal objects should be hallmarked is made by the auction house in agreement with the hallmark office. In order to determine the type and extent of the obligation to hallmark, the auction house can carry out its own fineness tests or have expert reports drawn up at the expense of the consignor.
(9) The auction house will pass on the costs for the prescribed hallmarking inspection, collection and manipulation fees as well as fees for carrying out fineness tests and hallmarks to the consignor.
3. Auction order, acceptance confirmation, fees for consignors
(1)The handover of objects to the auction house is recorded in an agreement for consignors with an integrated list of the works to be handed over and must be signed by the consignor. The agreement with the catalog raisonné serves to confirm acceptance of the objects submitted for auction.
(2) Disadvantages resulting from incorrect or incomplete information affect the consignor.
(3)By signing the Consignor Agreement, the Consignor agrees to the terms and conditions of the Auction House's Rules of Procedure. The consignor receives a copy of the agreement as well as the rules of procedure or their summary upon submission. Objections must be made in writing without delay.
(4) By signing the agreement, the consignor agrees to the auction conditions, the description of the items, the limit, and the starting price and estimate.
(5)The payment of the proceeds from the auction, the cancellation of the auction order and the return of unsold objects will take place upon presentation of the agreement. The auction house may demand written proof of his/her right of disposal and the presentation of an identification document from the bearer of the agreement.
(6) The fee for consignors refers to the highest bid. If an object remains unsold, there is no consignor fee. If the auction is successful, the fee is up to €5,000 20%, over €5,000 to €10,000 15% and over €10,000 12%. All fees include sales tax. In the case of expensive art objects, entire collections, estates or bundles, the conditions are by agreement.
4. Rejected Items
(1) Objects that have been handed over or sent to the auction house but whose acceptance for the auction has been refused and have not been picked up by the consignor within the set period will be returned to the consignor at his/her expense and risk or stored at the expense and risk of the consignor in the auction house or outside. The same applies to objects that the auction house has withdrawn from the auction.
(2) The auction house reserves the right, without giving reasons, to withdraw objects from the auction until the bid is accepted.
5. Estimation, description, pricing and limits of objects
(1)The experts at the auction house appraise the objects handed over for auction and provide an estimate and description. You determine the estimated prices and the minimum sales prices (limits) in agreement with the consignor. The price range between the upper and lower estimate is a guide within which the highest bid can be expected. The preparation of the estimate and starting price as well as the descriptions are made with care and conscientiousness. The auction house assumes no liability and is in no way liable for damage caused by incorrect pricing or descriptions.
(2)The information provided by the experts of the auction house, even if they were made in advance of an auction order, does not represent a guarantee of a specific property or a specific value.
(3) The objects brought in will not be auctioned below the agreed minimum selling price (limit). If the minimum selling price is not reached at the auction, the object can be knocked down with reservations. The final bid will only be accepted after the consignor has given his/her consent.
(4) The descriptions of the objects are subjective opinions of the experts of the auction house and mean:
a) First and last name of the artist with biographical data: a reliable work by the artist.
b) “Signed” or “Monogram”: a clearly identifiable work by the artist.
c) “Attributed”: a probable but not necessarily authentic work of the artist.
d) "Circumference": a work created within the artist's sphere of influence.
e) “Signed”: a work that is probable but not signed by the artist.
f) "Workshop": a work created in the artist's immediate environment.
G)“School”: a work created close to the artist in terms of time and style.
h) “Following”: a stylistically related work by the artist that was subsequently created.
(5) The auction house may correct information in the catalog before the auction. These corrections are made by publication on the website or by verbal notification by the auctioneer immediately before the object in question is put up for auction. In this case, liability is only for the correctness of the corrected information.
6 . Inspection, condition of items and complaints
(1)All items that are auctioned off at an auction can be viewed and checked in the original by prospective buyers during the preview period. Claims for damages, in particular consequential damages, are therefore excluded. This also includes the 14-day right of return for remote purchase.
(2) The place and duration of the viewing are determined by the auction house.
(3) The auction house can also present objects in previews outside of its business premises.
7. Withdraw Objects
(1)The consignor can withdraw objects that he/she has handed over to the auction house for auction 0 to 7 days before the start of the auction against payment of a withdrawal fee of 25% of the lower estimate. A withdrawal fee of 15% of the lower estimate will be charged for items that are withdrawn 8 to 30 days before the start of the auction.
(2) The auction house can immediately terminate the contractual relationship with the consignor in writing, verbally, by telephone or by means of electronic notification if one of the points listed applies:
a) The consignor has not given the auction house any instructions on further business transactions, despite repeated requests granted, or
b) the execution of the exploitation is impossible for legal, moral, ethical, social or business reasons or is unreasonable for the auction house, or
c) subsequent reasons for a refusal within the meaning of point 2 paragraph 2 arise, or
d) if there are justified doubts the consignor has the necessary power of disposal, or
e) the consignor has provided false information about the item to be auctioned, about his/her person or about any other business-related circumstances. 8. Unsold and withdrawn items, post-sale (1)
Objects that remained unsold in the auction under the agreed conditions (limits) can be offered after the end of the auction in the post-auction sale at their minimum selling price (limit) or, if no limit has been agreed, at the starting price and can also be sold directly by the auction house until the objects have been be picked up by the consignor or the post-sale is deemed to have ended.
(2) The provisions of the Rules of Procedure that refer to objects brought in also apply in the same way to those objects that are sold in the post-auction sale.
(3) After the end of the post-sale, the consignor will be asked to pick up the items that have been brought in. Comes the bringer of the requestwithin the collection period of 30 days that has been set for him/her, the auction house is entitled to
a) auction or otherwise sell the unsold objects without further agreement at market conditions, or
b) give the consignor at his/her expense and risk, or
c) to store the objects that have remained unsold at the risk and expense of the consignor, possibly also outside the auction house.
(4) If objects are withdrawn by the auction house and the consignor does not comply with the request to collect them within the deadline set for him, the procedure is as in point 8, paragraph 3.
9. Exhibition, status report, photos, illustration
fees (1) The choice or change of the auction location, medium and date, the location and date of the exhibition and the choice of the necessary means of transport, as well as the publication, design or change of auction catalogs or others Advertising material is left to the auction house.
(2) In the descriptions, the upper and lower estimates are usually given, as well as the starting price in the case of online auctions.
(3)If the auction house publishes advertising material (catalogues, directories, etc.) for certain auctions, all objects that are auctioned off will be included if possible. The consignor grants the auction house the unrestricted right to photograph and illustrate the consigned items. In principle, he/she agrees to the depiction of his/her objects subject to the obligation to reimburse costs. Unless an agreement is reached between the auction house and the consignor on the specific depiction modalities at the time of handover, the following modalities are agreed:
(4) Representation fees:
a) Only objects displayed online: € 50.00 per object and for
b)Auctions with printed catalog € 100 per item.
c) Individual illustration on the catalog title € 400.00
(5) The auction house reserves the right to use, reproduce and distribute the illustrations of the items brought in for any purpose whatsoever, in particular also for general advertising of the auction house's business activities.
(6) In the case of auctions that take place on the Internet, the objects are displayed by describing and depicting the auction objects on the online platform of the auction house and, if applicable, on external platforms. A visit to the objects is possible by arrangement.
10. Execution of the auction, bids
(1) The auction takes place at the registered office of the auction house or at the place of exhibition or viewing under the direction of the auctioneer of the auction house.
(2) The offering of an object begins with the naming of the lot number, artist name and/or object designation and the starting price. The starting price is usually two-thirds of the lower estimate, but can be set higher or lower by the auctioneer.
(3) All prices in the catalog and in the auction refer to EURO. Information from the auction house about the equivalent value of other currencies and exchange rates are non-binding.
(4) As a rule, bidding is based on the auction levels according to the table below, but the auctioneer is entitled to deviate from these levels. The award (conclusion of contract) is made by accepting the highest bid (most bid). If the minimum selling price (limit) is not reached, a sale can be made with reservations. In the case of internet auctions, the bid is accepted by the highest bidder at the end of the auction, unless the auction conditions stipulate otherwise. If the minimum price agreed with the consignor is not reached, no bid will be accepted. If the starting price is reduced during the bidding process, the bidding process begins with the first valid bid. If only one bidder submits a bid, this bidder will be awarded the contract. The award of the contract can be made dependent on the fulfillment of conditions (e.g. proof of identity, credit card deposit, bidder down payment, etc.).
from
until
increase levels
€0
€99
€10
€100
€699
€50
€700
€999
€100
€1,000
€2,999
€200
€3,000
€3,599
€300
€3,600
€3,999
€400
€4,000
€6,999
€500
€7,000
€15,999
€1,000
€16,000
€29,999
€2,000
€30,000
€35,999
€3,000
€36,000
€39,999
€4,000
€40,000
€149,999
€5,000
€150,000+
€10,000
(5) Each bidder is deemed to be acting in his/her own name unless he/she proves in writing that he/she is acting as a representative of a named interested party.
(6) The auction house may ask a bidder to make a down payment of 10% of the lower estimated price of the objects that he/she has declared that he/she wants to bid on.
(7) The auctioneer of the auction house is entitled to separate, combine or withdraw lots, to change the order of the lots and to knock down with reservations.
(8) The auction house may reject bids without giving reasons. Especially if there is a fear that the bidder will not pay the highest bid. In this case, the previous bid takes effect.
(9) If no bid is made, the object will be returned. However, it can be offered again at the same auction at a lower starting price.
(10) By submitting a bid, the bidder confirms that he/she has ascertained the condition and description of the item prior to the auction.
(11) In the event of differences of opinion, double bids, or if a bid was overlooked, the auctioneer can cancel a bid that has already been accepted and auction items again or further.
(12) Agreements between interested parties aimed at reducing the highest bid are prohibited. Violators can be excluded from the auction.
(13) Any behavior designed to disrupt or falsify the orderly course of the auction, as well as any attempt to prevent or deter auction participants from bidding, is prohibited. Violators can be expelled from the auction.
11. Fees for buyers, surcharge and resale right
(1) A uniform surcharge will be added to the hammer price (best bid), which is made up as follows:
a) In the case of differential taxation, a surcharge of 28% will be added to the hammer price. Sales tax is already included in the differential taxation.
b) In the case of normal taxation (marked with °), a premium of 24% is added to the hammer price. The statutory sales tax of 13% is added to the sum of the hammer price and premium for paintings, watercolours, drawings and sculptures, and 20% for all other objects.
(2) Works that are subject to the resale right royalty are marked with an *. The non-refundable resale right fee is charged in the form of a surcharge on the highest bid and is only paid if the highest bid is at least € 2,500.00. The resale right is paid as follows:
a) 4% of the first €50,000 of the highest bid
b) 3% of the further €150,000 (50,000.01 - 200,000.00)
c) 1% of the further € 150,000.00 (200,000.01 - 350,000.00)
d) 0.5% of the additional €150,000 (350,000.01 - 500,000.00)
e) 0.25 of all additional amounts (over €500,000.01)
The maximum resale right fee is no more than €12,500.00. The resale right fee is payable up to 70 years after the artist's death.
(3) The auctioned items will only be handed over by the auction house after full payment has been made.
(4) Ownership of the objects only passes to the buyer once the purchase price and all fees have been paid in full.
12. Transfer of ownership
The handover and transfer of ownership of the auctioned objects only take place after the purchase price has been paid in full, including all interest, fees, costs and expenses.
13. Fulfillment, withdrawal from the contract, cover
sale (1) Buyers are obliged to pay the purchase price (highest bid plus fees and all applicable taxes and duties) for the auctioned objects within 7 days of invoicing.
(2) If the buyer does not or not completely fulfill his/her obligations from the purchase contract concluded with him/her and these terms and conditions despite a request for payment within the period granted to him/her, the auction house is entitled, without prejudice to any other rights, for itself and/or or the consignor
a) either to continue to insist on the fulfillment of the purchase contract and to require the buyer to pay all interest, amounting to 5% of the arrears, on a daily basis from the 14th day after invoicing, costs and expenses, including the costs, in addition to the purchase price payment legal representation to enforce the fulfillment of the purchase contract, or
b) withdraw from the purchase contract. In this case, the auction house reserves the right for itself and/or the consignor to demand compensation from the buyer for the entire damage caused by him/her, which after a cover sale, in particular from fees, expenses, expenses and losses incurred at lower purchase prices including all costs and expenses as well as the costs of legal representation, etc., or
c) to auction the item again for the account of the buyer.
(3) The auction house is entitled to offset all payments made by the buyer against these outstanding claims. In the event of a commission sale, the auction house is entitled to assign these claims to the consignor in accordance with the statutory commission provisions. In the event of a cover sale or re-auction for the buyer by the auction house, the buyer will be treated as a consignor with regard to the applicable fees.
14. Takeover of auctioned objects
(1) Domestic buyers are obliged to collect the auctioned items within 14 days of invoicing. Otherwise storage fees may be charged by the auction house. The collection period for buyers from abroad is 28 days after invoicing.
(2) Within the collection period, the auctioned objects are insured by the auction house. After exceeding the collection period, the auctioned items are stored at the buyer's own risk.
(3) The buyer is responsible for the packaging and shipping of auctioned items. These are carried out at the sole risk and expense of the buyer.
(4) After a period of 90 days from the day of the bid, objects that have been purchased but not picked up can be brought back to the auction by the auction house at the sole expense and risk of the buyer. The defaulting buyer will be treated as a consignor with regard to all fees.
15. Lien
The consignor and the buyer grant the auction house a right of lien and a right of retention on the objects brought in by him/her or objects acquired by him/her. This right of lien serves to secure all current and future, also conditional, limited and not yet due claims to which he/she is entitled from all legal transactions concluded with the buyer or consignor. The right of lien also extends to claims for damages, including the costs of legal representation.
16. Guarantee of authenticity
(1) The estimates, descriptions and technical determinations of the objects are made by experts of the auction house to the best of their knowledge and belief. The auction house vouches for the authenticity of the items in the auction from the named artists or authors.
(2) All information, apart from that about the artists or creators, is based on published or generally accessible scientific knowledge that the experts at the auction house have carefully researched. The auction house does not guarantee the correctness of the description, in particular with regard to the indication of origin, age, epoch, manufacture, materials, etc.
(3) In the description and in the expert opinions, errors and damage to the objects are only mentioned if they have a significant impact on the commercial or artistic value. The auction house assumes no liability for the condition of the objects.
(4) If a buyer proves the inauthenticity within two years after the auction, the auction house will reimburse him/her the purchase price step by step in exchange for the return of the unaltered object. The auction house is not obliged to provide such a guarantee if the item has been modified after the auction.
(5) Other complaints and claims of any kind regarding the price, quality or condition of the auctioned items or claims for damages, insofar as they are not already covered by the guarantee of authenticity according to point 16, are against the auction house and those persons for whom it without being responsible for the exclusion of liability, insofar as further claims in the case of purchase contracts with consumers within the meaning of the Consumer Protection Act are not based on grossly negligent or intentional behavior on the part of employees of the auction house.
(6) If the generally accessible scientific findings and the opinions of generally recognized experts change before the complaint is made, the auction house is entitled, at its sole discretion, to either cancel the purchase at the expense of the consignor or to reject the complaint.
17. Insurance and Indemnity
(1) All objects that have been handed over to the auction house with its consent are insured against loss and damage until the purchase price is due or until the end of the collection period according to point 8, paragraph 3 or point 14, paragraph 1. The insured value, up to the hammer price, of the objects is equal to the lower estimated price, unless a minimum sales price (limit) has been agreed, in which case the insured value is equal to the minimum sales price.
(2) Liability towards the consignor begins with the acceptance of the object until the bid is accepted. Liability towards the buyer begins with the surcharge of the highest bid and ends at the end of the collection period according to point 14, paragraph 1. The art objects are insured against loss and damage from the surcharge in the amount of the highest bid. After that, the art object is only insured up to a maximum of 6 months after invoicing if there is no default in payment. In the case of unsold objects, liability towards the consignor ends by the end of the deadline set for him/her to collect the objects or after the end of the post-sale and collection period. According to this, liability for the objects is only assumed if the consignor or the buyer has agreed this with the auction house.
(3) If an object is lost or totaled, the insured value will be reimbursed to the consignor. In the case of objects that have already been sold, the respective purchase price will be reimbursed to the buyer. If an object is damaged, the auction house will reimburse the costs of restoration and the depreciation determined by the insurance company.
(4) The auction house is only liable for damage caused to the objects by force majeure, pests, climate fluctuations or similar in the event of gross negligence or intent.
18. Selling Fees, Payment of Proceeds of Sale
(1) After the full payment for an auctioned item, but no earlier than 30 days after the end of the auction, the consignor will receive the sales proceeds minus all commissions, taxes, other fees and costs.
(2) If several items were handed over, partial payments for individual items that have already been sold can also be paid out to consignors insofar as there is still sufficient cover for all claims of the auction house for whatever legal reason.
(3) If the buyer makes a complaint about a defect in an auctioned item within the collection period specified in point 14 or within the statutory warranty period, the auction house is entitled to withhold payment to the consignor until the final settlement of the complaint suspend complaint. However, if the buyer's complaint to the auction house is justified, the auction house can finally refuse payment to the consignor in whole or in part. If the proceeds from the sale have already been paid out, the auction house can reclaim all or part of the proceeds and must be reimbursed by the consignor immediately upon request.
(4) When the auction proceeds are paid out, the consignor will receive a statement. The statement provided shows the highest bid and any sales commissions.
(5) The proceeds from the sale are paid out by bank transfer, for amounts up to € 1,000 also in cash by arrangement.
19. Reimbursement of
expenses All expenses incurred in connection with a business transaction, such as postage, freight and storage costs, legal fees, advertising material costs, etc. are to be reimbursed to the auction house by the consignor or the buyer according to the polluter-pays principle.
20. Purchase Orders
(1) The auction house accepts purchase orders in writing and by telephone or via the Internet. The auction house will bid for the client up to his/her purchase limit at the auction. The auction house reserves the right, without giving reasons, to reject bids, to make acceptance dependent on the payment of a security to be provided before the auction, or to ignore purchase orders that have already been received. By submitting a bid, the bidder accepts the provisions of the auction house's rules of procedure. The auction house assumes no liability for the error-free processing of purchase orders.
(2) Written bids are treated as if they were bids submitted in the auction room. The auction house bids for the customer of the written bid up to his/her purchase limit.
(3) Written bids must be clearly assignable and should contain the following points:
a) the lot number of the object to be auctioned,
b) the artist's name or a brief description of the object,
c) the highest bid (without commissions, taxes or resale right) up to which the auction house should bid,
d) the name, address, telephone number, e-mail address and signature of the bidder.
(4) The auction house has the right to receive proof of identity and bank details from the bidder.
(5) Written bids with equal highest bidders are ranked according to the order in which they were received.
(6) Telephone bidding is possible if the bidder sends the auction house a written notification of telephone bidding in advance. If, for whatever reason, there is no telephone connection, the auction house can bid for the bidder up to the lower estimate of the object. In this case, however, the auction house is not obliged to carry out the bid.
(7) In the case of online bids, the provisions of the Rules of Procedure for participation in auctions apply accordingly.
21. Place of Performance and Jurisdiction
(1) The place of performance for the legal relationships between the auction house and the consignors and bidders is the auction house’s registered office.
(2) All legal disputes arising are exclusively subject to Austrian substantive law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. The distance purchase law without giving reasons is excluded.
(3) The place of jurisdiction for all disputes arising directly or indirectly from an auction transaction is the Austrian court with local and factual jurisdiction for Vienna.
22. Privacy, Data Sharing and Data Changes
(1) The auction house does not pass on the data of the consignor to the buyer and vice versa, unless in agreement with the persons concerned.
(2) If the auction house leaves data to external service providers (e.g. accounting, tax advice, shipping companies, insurance, etc.) to fulfill tasks, they are in turn obliged to use the data securely according to the GDPR. The data passed on may only be used within the framework of the order placed.
(3) The auction house does not disclose personal data without the consent of the person concerned, unless
a) there is an official obligation to provide information or
b) criminal investigations are being carried out by domestic or foreign judicial or police authorities or
c) Claims to the auction item are asserted by third parties.
(4) If third parties assert claims to the auction item for whatever reason, the auction house is entitled to provide this third party
with a) the data of a judicial deposit that has taken place or is intended in accordance with these terms and conditions in connection with § 1425 ABGB and/or
b) the personal details (name, address, telephone number, etc.) of the consignor of the item in question.
(5) Changes in the contact details of all contractual partners must be announced immediately. Anyone who provides incorrect personal contact information or fails to notify the auction house of later changes must bear all the consequences and the resulting damage themselves or compensate the auction house. Deliveries and notifications to the contact options last notified to the auction house are also considered effective if the consignor or the buyer is not or no longer at this address or if these contact options have changed and it is contrary to the agreement failed to provide new contact information.
(6) The auction house's detailed data protection information can be found at http://kunsthandelwidder.com/de/Datenschutz.
