Please make notice of the following notes, which contain important information on consumer protection. You are therefore kindly requested to read them carefully.
Please note the following information for consumers:
Obligations under Sect. 312c (1) of the German Civil Code [BGB] in conjuntion Art. 246 § 1, 2 EGBGB
to provide information for distance selling contracts:
1. Seller
The respective seller’s address is given in the seller profile.
2. Corporate Representatives
The seller is legally represented by:
Details of each statutory representative are given in the seller profile.
3. Address for Service
The address for service is:
See the details given in the seller profile.
4. Goods Offered, Contract Closure
The art works offered are used, and their condition reflects their age and their previous history. The price takes any defects into account.
The items offered by the seller on the Internet or otherwise do not constitute offers to sell. The bidder makes a binding bid. This bid lapses when an effective higher bid is made by another bidder or by the bidder itself. The highest bid at auction closure decides the purchase contract concluded. In the case of the “Buy Now” option, the contract is brought about when this offer is effectively accepted by the buyer. The specifications of the items offered by the seller are without obligation. The course of the auction, ordering procedure and the conclusion of a contract in an online purchase transaction staged as an Internet auction (e-commerce) are all specified in the provisions on compulsory information in e-commerce, which are available at www.fine-art-auctions.com/terms.php.
5. Minimum Term
The contract does not have a minimum term. The period during which the bidder is bound by its bid is determined by the duration of the Internet auction and the highest bid at the time.
6. Prices
The prices given include statutory value-added tax at the rate in force at the time, where owed.
Any customs duties incurred for deliveries to countries outside Germany have to be paid by the buyer.
Any fees for cash on delivery have to be paid by the buyer.
7. Delivery & Freight Costs
The prices given include transport and packaging costs.
8. Payment, Delivery
Payments have to be made to the seller in EUR (€) in cash, by bank remittance or by credit card. Details on this are given in the provisions on compulsory information in e-commerce, which are available at www.fine-art-auctions.com/terms.php. Cheques and bills of exchange are only accepted by special arrangement and only by way of performance, and all costs and taxes are charged; the Seller bears no liability for punctually paying in cheques or bills of exchange, or for any protest, or for notification or return in the case of cheques or bills of exchange that are not honoured. If the Seller has agreed to non-cash payment, then all the costs and fees for remittance (including the bank charges deducted from the Seller) shall be at the Buyer’s expense.
The Buyer shall immediately collect the object of purchase from the Seller, at the latest 14 days after auction closure and purchase of the item, unless it has expressly requested consignment of the goods. The object of purchase shall only be dispatched on the Buyer’s express instructions, and on principle only after the Buyer has paid in advance. The Seller may stipulate the kind of dispatch and the means of consignment at its own discretion. On dispatch, additional fees – in particular COD costs and customs duties – may be incurred which are charged by the carrier directly and are collected from the recipient on delivery of the consigned goods. These fees are not included in the Seller’s carriage costs and must be paid by the purchaser in addition, if applicable.
9. Rights of Revocation & Return
If the buyer is a consumer within the meaning of Sect. 13 of the German Civil Code [BGB], then it may revoke the contract it has declared in accordance with Sect. 312d) and Sect. 355 of the Civil Code. The buyer is advised in detail about its right of revocation and about the consequences of revocation in our cancellation policy given below.
10. Telecommunications Costs
If the bidder contacts the seller using telecommunications, e.g. telephone, fax, email, Internet, then apart from its own connection costs it will not be charged any further such costs by the seller.
11. Time Limitation
The customer’s attention is expressly drawn each time to any limitation to the period of validity for information provided, e.g. period of validity for restricted offers, in particular regarding prices.
12. Customer Service
No independent customer service exists. If you have any suggestions, problems or complaints, please contact the above address in writing or by phone. We do not take emails into account. Your contact is: the contact at the seller’s business.
13. Terms of Warranty & Guarantee
13.1 The seller guarantees the authenticity of the item sold, and accordingly it extends the statutory guarantee period for the work’s authenticity to 5 years. The item’s authenticity shall be understood to exclusively mean the genuine origin of the work, i.e. the capacity in which the work was created by the artist/author whose name it bears (authenticity of the creator of the work), or – if the latter is not named – that the work was created at the time, among the people, in the era and under the circumstances that have been passed down by tradition.
13.2 The further specifications of the items made to the best of our knowledge do not constitute contractually agreed qualities or characteristics within the meaning of Sect. 434 of the German Civil Code [BGB], instead of which they merely serve as information for the Buyer – unless we expressly assume a guarantee in writing. This also applies to expertises (apart from the expertise on authenticity pursuant to Item 13.1). The fact that the item has been examined by the Seller does not in itself constitute a quality or characteristic of the object of purchase. Vis-à-vis entrepreneurs within the meaning of Sect. 14 of the German Civil Code [BGB], all guarantees, apart from the guarantee for the authenticity of the work pursuant to Item 13.1 above, are excluded for all manner of defects in the goods sold. Vis-à-vis consumers within the meaning of Sect. 13 of the German Civil Code [BGB], the guarantee for used goods – apart from the guarantee pursuant to Item 13.1 above – is limited to one year after commencement of the statutory prescriptive period. In all other respects the statutory regulations shall apply.
Cancellation Policy
You have the right to revoke your contractual statement within the period of one month without stating reasons in writing (e. g. letter, e-mail, fax) or – if you have received the item before expiry of the period- by return consignment. The termination period shall commence upon receipt of this notification in writing, however not before receipt of the goods by the buyer (in case of recurrent goods and services of the same kind not before the first partial delivery) and neither before fulfillment of our duty to supply information within the meaning of article 246 § 2 in conjunction with § 1 section 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our duties in meaning with § 312g section 1 clause 1 BGB (German Civil Code) in conjunction with article 246 § 3 EGBGB (Introductory Act to the German Civil Code). In order to observe the right of revocation timely, mailing of the revocation or the item is sufficient. Send revocation to:
see details in seller’s profile.
Consequences of Revocation
In case you are unable or partially unable to reimburse performances received and emoluments taken (e. g. the amenity and advantage of using)or can only reimburse in impaired condition or return in
impaired condition respectively, you are obliged to compensate lost value in this respect to us. You have to compensate lost value for the impaired item and for derived advantages only insofar as utilization or the impairment can be traced back to a handling of the item that is beyond the examination of its properties and functionality. "Examination of properties and functionality" means test and trial of the respective good, as it is possible and common in retail stores.
Items eligible for shipping as parcel are to be returned at our risk. You are to bear regular reshipment costs if delivered product is in accordance with ordered product and if the price of the returned item does not exceed the amount of 40 Euro or, in case of a higher price for the item, if you have not provided return service or a contracted partial payment at the time of revocation. Otherwise you will not be charged with reshipment costs. Items not eligible for shipping as parcel will be collected by us.
Obligations for reimbursements of payments must be fulfilled within a period of 30. The deadline starts with your dispatch of your cancellation request or the item in question; for us it starts with our receipt of the same.
- End of cancellation policy -
Note on § 312 e section 1 clause 1 no. 2, § 357 section 3 clause 2 BGB (German Civil Code; compensation of lost value for contracts in e-commerce transactions).
In case of an impairment of the item and for utilization (e. g.
the amenity and advantage of using), that cannot or only partially not or only in impaired condition be reimbursed, you are obliged to compensate value loss to us. For an impairment of the item and for derived advantages you are obliged to compensate value loss insofar as utilization or the impairment can be traced back to a handling of the item that is beyond the examination of its properties and functionality. "Examination of properties and functionality" means test and trial of the respective good, as it is possible and common in retail stores.
Please note identical wording in right of revocation.
Note on data protection and data safety
Your data will be used and processed exclusively in compliance with applicable legislation on data protection.
