Terms of purchase

• 1. General information

  The auction house Venator & Hanstein KG (hereinafter referred to as V & H) auctions publicly within the meaning of § 383 para. 3 sentence 1 BGB (German civil code) as commission agent for the account of the consignors, who remain unnamed. In relation to versions of the auction conditions in other languages, the German version shall prevail.

• 2. Procedure of the auction

  Venator & Hanstein reserves the right to combine or separate items in the catalogue and, if there is a special reason, to offer them out of sequence or to withdraw them.

• 3. Condition of the objects

  All items to be auctioned can be inspected and viewed during the preview. The information in the catalogue and corresponding information in the Internet presentation, which has been compiled to the best of our knowledge and belief, does not form part of the contractually agreed quality. The information is based on the state of the art at the time the catalogue was prepared. They do not constitute guarantees in the legal sense and are for information purposes only. The same applies to status reports and other information in verbal or written form. Certificates or confirmations from the artists, their estates or the relevant experts are only the subject of the contract if they are expressly mentioned in the catalogue text. The state of preservation is not mentioned throughout the catalogue, so that missing information also does not constitute a quality agreement. The items are used. All items are sold in the condition in which they are at the time of acceptance of the bid.

• 4. Right of return

  However, Venator & Hanstein undertakes to assert its rights against the consignor in court in the event of deviations from the catalogue specifications which nullify or significantly reduce the value or suitability and which are presented in a justified manner within one year of delivery. The catalogue text in German shall be authoritative. In the event of a successful claim against the consignor, V & H shall reimburse the purchaser exclusively for the entire purchase price. In addition, V & H undertakes to return the full commission for a period of two years if the item is returned in an unchanged condition. Otherwise, liability for defects is excluded.

• 5. Compensation

  Claims for compensation due to a defect, loss or damage to the auctioned object, irrespective of the legal grounds, or due to deviations from catalogue details or other information provided, are excluded unless V & H has acted with intent or gross negligence or has breached material contractual obligations; in all other respects, Section 4 shall apply.

• 6. Submission of bids

  Submission of bids: All bidders must register in accordance with Section 8 (2) of the Money Laundering Act. To verify identity, a valid identity card (front and back) or passport with proof of current billing address (telephone bill, electricity bill or similar) will be requested. Bidders acting on behalf of a company are requested to provide an extract from the commercial register or a similar document.



  • Floor bidders will receive a bidder number upon presentation of photo identification


  • Bids in absentia: Bids can also be submitted in writing, by telephone or via the Internet. Orders for absentee bids must be received by V & H 24 hours prior to the auction for proper processing. The item must be named in the order with its lot number and item description. In case of ambiguity, the short title shall apply. The order must be signed by the client. The provisions on the right of cancellation and return for distance selling contracts (§ 312b-d BGB) do not apply.


  • Telephone bids: The establishment and maintenance of the connection cannot be guaranteed. By placing an order, the bidder agrees that the bidding process may be recorded.


  • Bids via the Internet: They will only be accepted by V & H if the bidder has previously registered via the Internet portal. The bids will be treated by V & H as written bids. Bids below 2/3 of the estimated price will not be considered in the interest of the consignor.


• 7. Procedure of the auction

  The lot will be sold if after three calls for bids no higher bid is submitted.

  The auctioneer may reserve the right to accept the bid or refuse to accept it if there is a special reason. If several persons make the same bid at the same time and no higher bid is made after three calls, the draw decides.

  The auctioneer may withdraw the knockdown and re-bid the item if a higher bid submitted in good time has been overlooked by mistake and this has been immediately objected to by the bidder or if there is any other doubt about the knockdown (§ 2 No. 4 VerstVO). Bids shall only be exhausted by V & H to the extent necessary to outbid another bid. The Auctioneer may bid for the Consignor up to the agreed limit without indicating this and irrespective of whether other bids are submitted.

  If a bid is not accepted despite a bid having been submitted, the auctioneer shall only be liable to the bidder in cases of intent or gross negligence.

• 8. Rules for a succesful bid

  The winning bid obliges acceptance.

  If a bid is accepted subject to reservation, the bidder is bound to his bid until four weeks after the auction if he does not withdraw from the conditional acceptance immediately after acceptance of the bid or corresponding information under the contact details given for written bids.

  Upon acceptance of the bid, possession and risk of the auctioned item shall pass directly to the successful bidder; ownership shall not pass until payment has been received in full.

• 9. Premium and resale right

  A surcharge of 26% plus 19% VAT, calculated only on the surcharge, will be levied on the hammer price (differential taxation).

  For all catalogue items marked with *, a surcharge of 26% will be levied (standard taxation); the reduced sales tax of 7% will be added to this net invoice price (surcharge + premium).

  Photographs, manuscripts and autographs are exempt from this at a statutory VAT rate of 19%.

  Export deliveries to third countries (i.e. outside the EU) and - if the VAT identification number is provided - also to companies in EU member states are exempt from VAT. If auction participants take auctioned items to third countries themselves, the VAT will be refunded to them as soon as V & H has received proof of export and proof of purchase. For original works of art and hotographs created after 1 January 1900, a resale right levy of 2% will be charged to compensate for the resale right incurred in accordance with § 26 UrHG. Invoices issued during or immediately after the auction are subject to verification; errors excepted.

• 10. Invoicing

  Buyers participating in the auction in person must pay the final price (hammer price plus buyer's premium + VAT) to V & H immediately after the auction. Payment by external buyers who have bid in writing or have been represented shall not be deemed late if received within 10 days of the invoice date, irrespective of the immediate due date.

  The request to transfer an invoice to a customer other than the bidder must be submitted immediately after the auction. V & H reserves the right to carry out the transfer.

• 11. Default of payment

  In the event of late payment, interest of 1% on the gross price will be charged for each month commenced.

  In the case of payment in foreign currency, any exchange rate losses and redemption charges shall be borne by the successful bidder.

  The same applies to cheques, which can only be recognised as fulfilment after unconditional bank crediting. In the event of default of payment, V & H may demand either fulfilment of the purchase contract or, after setting a deadline, compensation for non-fulfilment. In this case, the damages can also be calculated in such a way that the item is auctioned again and the defaulting buyer is liable for the lower proceeds compared to the previous auction and for the costs of the repeated auction including the buyer's premium.

• 12. Collection/Delivery

  Purchasers are obliged to take delivery of their purchase immediately after the auction.

  V & H shall only be liable for items sold in the event of wilful intent or gross negligence. Auctioned items will only be delivered after full payment has been received.

  Items shall be dispatched at the expense and risk of the successful bidder without exception. V & H is entitled to have uncollected items stored and insured by a forwarding agent in the name and for the account of the successful bidder four weeks after the auction.

  In the case of self-storage by V & H, 1% of the hammer price will be charged p.a. for insurance and storage costs.

• 13. Legal basis

  The place of fulfilment and jurisdiction, insofar as it can be agreed, is Cologne. German law shall apply. The Cultural Property Protection Act shall apply. Reference is made to V & H's privacy policy in accordance with the GDPR. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Should one of the provisions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.