By participating in the auction in person, via telephone, in writing, or via the Internet, you agree to the following terms:

I  GENERAL TERMS

(1) Participation in the auction is voluntary.

(2) Wendl Auctioneers (herinafter referred to as the "Auctioneer", "we", or "us") conduct the sale on behalf of and for the account of a third party. This does not apply to objects put up for sale by the Auctioneer on his behalf and for his account.

(3) Each consignor is assigned a number to enable the Auctioneer to track the consigned lots. Lot no. 11 is reserved for objects put up for auction by the Auctioneer on his behalf and for his account.

II  PRE-SALE EXHIBITION, GUARANTEE, AND LIABILITY

(1) The Auctioneer makes every effort to ensure the accuracy of the catalogue descriptions. They rely in part on information given by the consignors. However, the descriptions are qualified statements of opinion only and are no warranties or agreement on the legal and factual nature of the lots. This also applies to additional information and condition reports given upon request. We reserve the right to update and correct catalogue descriptions before the sale. The sale preview enables buyers to view and check all lots before their sale at auction. Damages and wear are only mentioned in the catalogue description if they, according to our opinion, distinctly compromise the overall visual appearance of the lot. Damages, flaws, restored areas, etc. are taken into account when setting the reserve ("Limit"). All lots are sold “as is.” If no specific flaws or defects are mentioned, this does not imply that a particular object is in perfect condition. Books, journals, files, etc. are not collated. Patination or oxidation due to age is not specifically noted. Measures are rounded, and dimensions are given in the sequence height/width/depth. Signatures, hallmarks, etc. are read from the object but not externally verified; errors excepted. Allocations and/or references to literature etc. are statements of opinion and are not guaranteed. We encourage prospective purchasers to check themselves and to take advantage of the pre-sale exhibition to examine the objects in person. We do not specifically mention defective frames. Frames and glass serve a protective purpose and have no bearing on setting the reserve price. Possible damage on the frames and glass, including such occurring during transport, do not entitle buyers to claims of any nature. Please note that photographs may not be representative of an object’s true colors. If an artist is identified for sculptures, we refer to the artist conceiving the model - the date given similarly refers to the conception of the original model. The specific cast sold might be executed significantly later, even after the artist's death. Jewels are, if not specifically described as "geprüft" (tested) not tested (including if they are natural or synthesised or composition stones, imitations, have been enhanced with technical or chemical means, etc.). If certificates are available, their content is adopted but they do not offer any guarantee. Clocks, watches and other lots with mechanical features are sold on the basis of their decorative value and age; they are not assumed to be in working condition. Please refer to the "Erläuterungen zur Katalogbeschreibung"/"Annotations to Catalogue Descriptions" (Attachment A) in order to understand the terminology used in our sale catalogues. In all cases, the true condition of the lot at the time of sale is the agreed upon condition (vereinbarte Beschaffenheit) according to the applicable German legislation §§ 434ff BGB).

(2) The Auctioneer assumes no liability for the catalogue descriptions and does not guarantee the age, origin, size, weight, signatures, hallmarks, material, or damages of the objects offered in the sale. In instances, where a buyer informs us about a defect within the specified legal period of liability, we will get on touch with the consignor to address the issue. Any claims must be made within one year of the collection of goods. In special cases, such as when a lot’s authenticity is in question, we will work with the purchaser to remedy the situation vis-à-vis the consignor. In this case the purchaser is required to obtain, at his expense, a written expertise from a recognised expert in the field within four weeks following the sale. A late collection of his/her goods is considered equal to having handed over the object at the usual time after the sale. The auctioneer may still claim commission fees on a returned object.

(3) We advise visitors to use caution when visiting the pre-sale exhibition and attending the auction as they are liable for any damage they may cause. Any claims for indemnity or compensation because of violations of duty by the auction house are limited to criminal intent or gross negligence.

(4) The auctioneer reserves the right to exclude persons from the sale, specifically if they disturb the preview or sale and/or if they have open bills to settle or lots overdue for collection. Trade and exchange of goods is not permitted to unauthorised persons on the premises. If discovered, indemnity claims might be made on behalf of the auction house and a ban on entering the house issued.

III  THE AUCTION

(1) A lot is usually called to auction at the reserve noted in the catalogue. Lots without a reserve are called at Euro 10,00, unless we have in hand several higher written bids. Bids up to the amount of Euro 180,00 increase in steps of Euro 10,00, bids above Euro 180,00 increase by approximately 10%. The winning bid is arrived at when all but one bidder drop out, the Auctioneer has repeated the last bid three times, does not obtain a higher bid, and when the reserve is met. The final bidder is the successful buyer. The Auctioneer brings down his gavel on the rostrum and declares the final hammer price.

(2a) The Auctioneer, at his sole discretion, may reject a bid. In that case the preceding bid becomes the winning bid. If several bidders offer the same amount, the Auctioneer decides over the bid. Disagreements over a bid may be resolved, at the Auctioneer’s discretion, by calling for a repeat of the bid in question. This may also be done in cases where the Auctioneer may have missed or overlooked a higher bid. If the winning bidder refuses to honor his bid, the Auctioneer is entitled to award the lot to him and to avail himself of any legal remedies to force completion of the sale. He may also, at his sole discretion, award the winning bid to the preceding highest bidder or may call up the lot in question again. Once the Auctioneer’s gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot, including the risk of loss, damage, etc. Each bidder buys on his behalf and for his account. A bidder who acts on behalf of a third party is personally liable for payment and removal of the purchase, even if the invoice is in the third party’s name. The purchaser is required to make full payment in cash at the end of the auction. New customers who do not pay in cash are required to submit a banque approved cheque. The Auctioneer reserves the right to request securities (i.e. references, cash deposit, etc.). Purchasers, who submitted a written bid, are required to make payment in full within 10 days upon receipt of our invoice. Customers who fail to pay their invoice within the specified time frame incur interest charges of 1% of the billed amount per month. The goods will be released to the purchaser upon payment of all charges. We credit your account as soon as payment has been posted to our banque account.

(2b) Telephone bids are taken for objects with a reserve of Euro 150,00 and above. We do not accept bids below the reserve from telephone bidders; therefore, when bidding by telephone the bid must be at the reserve. Telephone bidders may provide us with a second bid (safety bid) that is higher than the reserve, in case the bidder cannot be reached by telephone when the desired lot is being auctioned. In this case the Auctioneer will continue to bid up to the amount of the safety bid. If we don’t receive a safety bid, we bid at the reserve. We cannot guarantee for the telephone or online LIVE connection during the auction.

(2c) Please note for shipping requests: From 2024 we will hand over the shipping to the external shipping service provider Mail Boxes ETC Zwickau (MBE). Customers who have not set up a collection in their customer account (either by logging in to auktionen.auktionshauswendl.de/de/user-settings or by communicating with the WENDL team) will receive a shipping offer from MBE in the first week after the auction. This offer can also be requested via a link in the online invoice. The shipment will be made according to the customer's order, but not before the WENDL invoice and the MBE shipping costs invoice have been paid.

We hereby point out that import and/or export restrictions, especially but not exclusively outside of the European Union, might apply to specific objects and materials (including ivory, rhino tooths, tortoise shell, etc.). This might restrict or prohibit the import or export of such lots. It is the buyer's responsibility to inform him-/herself if a lot sold to him/her is subject to such restrictions and if and how an export license or similar needs to be requested. Any costs, taxes, fines or similar occurring on this account must be paid for by the buyer. A combined value of lots of 1.000 € always demands an export declaration to be made to the German customs authorities. National as well as international laws and conventions must be observed when exporting lots within and outside of the EU (e.g. the German "Kulturgutschutzgesetz" (Law for the Protection of Cultural Goods) from 2016. the European Cultural Goods Convention from 1993 and the UNESCO Convention from 1970).

(3) Any winning bid below the reserve automatically becomes a conditional sale, even if this is not specifically stated. In this case, the bidder is bound by his bid for four weeks. However, at any time, the lot may be awarded to a bidder offering the reserve price or to a bidder, who makes a higher bid.

(4) The hammer price is a net price, to which a buyer’s premium of 21% is added. To the buyer’s premium a value added tax of 19% is added, resulting in a total buyer’s premium of 24.99%. The value added tax is payable on the buyer’s premium only and is non-refundable in case the goods are exported. For a lot won through online LIVE bidding, we additionally surcharge (on the hammer price) 3 % + VAT for the WENDL website and 5 % + VAT for external auction platforms.

(5) The winning bidder is required to complete the purchase and to make payment in full. He assumes ownership, full risk and responsibility for the purchased lot, including the risk of loss, damage, etc. The goods are transferred into his possession upon full payment.

(6) If the buyer does not collect his object(s) in a timely manner, the Auctioneer may use any available legal remedies to force compliance or may cancel the sale. If the Auctioneer demands compensation, he is entitled to claim 30% of the hammer price as a lump sum but, at his discretion, he may also pursue a claim for higher compensation. Further, the Auctioneer is entitled to pursue, in addition to his own claim, a claim of the consignor in or outside of court. The Auctioneer, at any given time, may switch from a claim for performance to a claim for damages.

(7) Packing and storage of goods is done at the buyer’s risk and expense. Items not collected in a timely manner incur customary storage and handling charges.

(8) We require removal of purchases within three weeks, as we do not have sufficient storage facilities on the premises, else the goods will be stored at the purchaser’s risk and expense at a cost of Euro 1,00 to Euro 3,00 per item per day. The Auctioneer is entitled to offer paid for goods that have not been collected within four months after the sale in a future auction at no reserve in lieu of compensation for storage expenses. Any proceeds above the Auctioneer’s expenses are refunded to the customer. In cases where the proceeds do not cover the Auctioneer’s expenses, the customer is liable for the difference.

(9) When using our services, e.g. by contacting, consigning, bidding with us or similar, we will collect, process, and store personal data in order to provide those services according to the GDPR. By using our services, you agree with our Data Privacy Policy, which can always be found in its most up-to-date version on Data Privacy Policy.

(10) The approval of written bids, telephone bookings or online LIVE bidding is an additional service of our house. We do not guarantuee any processing or executing without fault.

IV SALE OF OBJECTS FROM THE THIRD REICH

Insofar as objects from the Third Reich are offered at auction, this is done solely for the purpose of enlightenment or warding off of anti-constitutional activities, for artistic, scientific, research, educational, historic, and similar purposes.

V PLACE OF FULFILMENT

The place of performance is Rudolstadt. The applicable legal jurisdiction is Germany; the UN Agreement CISG is not applicable.

VI POST-AUCTION SALE

The above stated terms and conditions also apply to the Post Auction Sale.

VII FINAL PROVISIONS

In case any provision of the Terms & Conditions of Sale is rendered ineffective, the rest of the legal provisions remain effective. The parties agree to substitute the former with a provision that serves the intended purpose. This also applies to grave omissions of provisions necessary in the contract.

In case of discrepancies between the German and English text of the Terms & Conditions of Sale the provisions in German shall prevail - any translation into other languages is merely done for informative purposes.

Appendix A): "Erläuterungen zur Katalogbeschreibung"/"Annotations to Catalogue Descriptions"

Kunst-Auktionshaus WENDL
Status 1st February 2024
 

APPENDIX A): "Erläuterungen zur Katalogbeschreibung"/"Annotations to Catalogue Descriptions"

We create the catalogue description to the best of our knowledge and beliefes. Please note that the lots in our auction are mostly antique and of a certain age and therefore show signs of aging and usage. The condition described in the lot texts is meant for orientation, only and is meant to give an overall idea of the lot’s condition. We aim to mention those defects that gravely impact the perception and value of a lot. The lack of a lot’s condition being described in the lot text does not guarantee that the lot is free of such defects nor signs of aging. We expect our clients to personally view the lots during the auction preview which provides the opportunity to investigate the condition of each lot in person. We cannot accept returns after a sale made on the basis of the condition of a lot.

Within the catalogue, we use the following terms and abbreviations in order to describe the lots. Please refer to the GERMAN lot text in order to get an accurate lot description as all English lot texts are automated translations made by deepl.

Dimension: We measure in centimeters, in order of height x width x depth. If there are two dimensions, the latter will refer to the frame.

Name without further additions: We believe the artwork to be a work by the named artist.

„zugeschrieben”:  We believe it probable that the artwork is in whole or in part a work by the mentioned artist.

„Werkstatt/Schule”: We believe the artwork to be from the workshop of the mentioned artist, probably created under the supervision of the artist.

„Umkreis”: Translates to “circle of”. We believe the artwork to be showing the influence of the named artist.

„Nachfolge”: Translates to “follower”. We believe the work to be in the style of the named artist, not necessarily done by one of his pupils. We do not guarantee the work to originate from any certain time period.

„nach”: Translates to „after“. We believe the artwork to be a copy of a work by the named artist – the copy being done by a different artist.

„Art des”: Translates to „style of“. We believe the work to be done in the style of the artist at a later time.

Title in „...”: If we cite the title in citation marks, this title is either found on the artwork itself or is a known title used in literature.

„signiert/monogrammiert/datiert”: Translates to „signed/monogrammed/dated”. If not listed with any further explanations or disclaimers, we believe the artwork to be signed and/or monogrammed and/or dated by the artist themselves.

„bezeichnet”: Translates to „titled“. We believe that someone else than the artist has signed and/or dated the artwork.

Name oderDatierung in ( ): If we give the name or date in () brackets, then this data is known to us due to research or experience and not to be found on the artwork itself.

 „Wohl“: Translates to „probably“. Due to our research, we believe this data/attributions/dates, etc. to apply. We do not guarantee for those lot properties.

We do check all CLOCKS and WATCHES to test whether they might start running. We do, however, not check how accurately or for how long those clocks and watches run once activated. If they start running without problems, we declare this as. „läuft“ (translates to “running”). If a clock or watch stopps running shortly after we have started it, we declare it as „läuft an“ (translates to “starts running”). If we do not succeed in getting the clock or watch running, we declare it as „läuft nicht“ (not running). Those catalogue descriptions are our believes, only, and are to be used as non-binding information. The lot descriptions do not in any way constitute a guarantee that would lead to any legal obligation on the side of WENDL.