Conditions of Consignment
1. Venator & Hanstein KG (hereafter V&H) sells by public auction as commission agent in its own name on account of its clients (consignors). Until the transaction of the auction the consignor is bound by this order. In the absence of an agreement to the contrary, any objects which are not sold at the auction may furthermore be sold by V&H in the open market, including online sales, within four weeks after the end of the auction under appropriate application of the present conditions of sale.
2. The consignor guarantees that he is the owner of the items with power of disposal or is authorized to act for such owner. The items are used goods. The consignor shall assume liability for material defects and defects of title of the consigned property with corresponding application of the law of sale, provided, that the limitation period shall begin from the date of the award. The limitation period for claims on material defects affecting the authen-ticity shall be 24 months, on other defects 12 months.
The consignor guarantees to provide all information known to him with regards to the provenance and origin of the objects consigned. In the case of objects of cultural value originating from outside of Germany, he guarantees to abide by the export laws of the country of origin (see §§ 21 ff KGSG) and German import law (see §§ 28 ff KGSG).
3. Settlement is made subject to the single hammer prices. The consignor will pay a commission to V&H:
- 20 % (+ VAT) of the hammer price in the case of items up to € 400 each (gross 23,2 %)
- 17 % (+ VAT) of the hammer price in the case of items from € 401 up to € 2000 (gross 19,72 %)
- 13 % (+ VAT) of the hammer price in the case of items over € 2000 each (gross 15,08 %)
The consigner bears all costs for extras such as supplementary insurance upon request.
All objects in the catalogue “Bücher Graphik Autographen” (Books Prints Autographs) will be professionally photographed for the online presentation. The consignor will be charged for this € 6 each.
In the catalogue “Moderne und zeitgenössische Graphik” (Modern and Contemporary Prints) generally all objects will be pictured in colour and charged € 28 for the usual 1/6 page.
For original works of art and photographs created after January 1, 1900, a percentage of 1,5 % is charged for the resale rights.
4. In addition to the auction, V&H takes responsibility for cataloguing, presentation of the catalogue online, storage, insurance, exhibition, advertising and forwarding of the resale rights.
5. The objects are sold for at least two thirds of the estimated prices published in the catalogue or at the reserve price stated overleaf. Minimum prices may be stipulated for objects estimated as from € 2000. Even if no bids are initially received, calls may be continued at any event up to the minimum price. lf an agreed minimum price is not achieved, the auctioneer may knock down the object under reserve. A subsequent increase of the minimum price is excluded. lf objects are not sold because of not achievable stipulated minimum prices, V&H may charge 5% of the minimum price as expense allowance in addition to the agreed expenses. For unsold objects V&H will charge no fees.
The storage of unsold goods is only free of charge up to three months after the auction. After this time the consignor will be charged 1% of the estimate price per year – no less than € 15 - for insurance and storage.
6. The auction items must be delivered to V&H - and if necessary taken away again - at the expense and risk of the consignor. V&H will insure the items at its own expense for the estimated price against burglary, fire and water pipe damage during the period of its custody. In the event of other damages, particularly to frames, V&H is liable only for wilful intent or gross negligence. lt is not possible to store packaging.
7. The auction proceeds will be collected by the auctioneer. Within six to eight weeks after the end of the auction the consignor will receive a final settlement in EURO and, according to his instructions, the auction proceeds after deduction of the commission and any costs incurred, provided that the proceeds have been received by V&H. lf V&H does not receive the auction proceeds, V&H may without legal disadvantage subsequently, i.e. after notification of execution of the order, disclose the identity of the buyer to the consignor. lf the item has already been handed over to the buyer, V&H will be liable to the consignor for the proceeds. Costs for non-cash disbursement will be borne by the payment recipient.
8. The consignor agrees with the Auction and the Conditions of Sale.
9. This contract comprises all points of agreement between the consignor and V&H. There are no verbal side agreements. Amendments and supplements to these conditions of consignment are effective only in written form; this does not apply to approval of conditional acceptance of a bid.
10. The law of the Federal Republic of Germany applies exclusively. The provisions of the uniform Hague purchase laws (EAG/ EKG) and the United Nations Sales Convention on Contracts for the International Sale of Goods (CISG) are not applicable. The Act to protect German Cultural Property (KGSG) and Data Protection Act (GDPR) are applied. The place of performance and jurisdiction is Cologne as far as this can be agreed upon. lf any provision of this contract is or becomes completely or partially invalid, this will not affect the validity of the remaining provisions.
Publicly appointed and sworn auctioneers by the IHK Köln