1. By submitting an absentee or telephone bid, making an online bid offer or by personal participation in an action each and every bidder agrees to abide by the following conditions of sale. These conditions also apply to subsequent sales. Where there is a conflict of meaning due to errors of translation, the German text, as printed in the auction catalogue, is binding. Commission bids and personal information of those submitting lots for sale and bidders will be dealt with by OstLicht Photo Auction in the strictest confidence and will not be passed on to third parties.
    
2. The auction is public and voluntary and will be conducted in accordance with the regulations set forth in paragraph 288a ff of the Trade Regulations of 1997 and also in accordance with these conditions of sale. The auction will be conducted in our own name and account. Place of jurisdiction is Vienna. Austrian law is also binding on all foreign bidders.
    
3. The valuation and expert description of objects will be carried out by the experts of OstLicht Photo Auctions who will take all reasonable care to describe the condition of the lots in the catalogue as accurately as possible. All errors in the catalogue are excepted. OstLicht Photo Auction also reserves the right to amend any description up to the time of auction. Auctioned items cannot be returned (see also paragraph 12).
    
4. Viewing of the objects intended for the auction is possible within the period stipulated in the catalogue. If it is not possible for a bidder to view an object in person, we will be happy to forward them a more detailed description of the optical condition. This information may be given by telephone, in writing, or by e-mail. Additional photos can only be sent by e-mail. During both viewing and the auction visitors and bidders should exercise the greatest of care since they will be responsible for any damage caused in full.
    
5. Written bids may be submitted prior to the start of the auction (by letter, by e-mail at info@ostlicht-auction.com or an online offer through our website). Written purchase orders must reach the auctioneer at least 24 hours before the start of the auction and must be clearly legible. In order to be taken into account they must also contain the client’s exact address as well as their highest bid in EURO. The price specified therein will be regarded as the highest hammer price. In the case of a successful bid, all additional charges will be added to the bill. We carry out written bids scrupulously, the highest bid designated therein only being made use of when other offers (written or verbal in the auction rooms) make it necessary to do so in the interest of the bidder. Telephone bids are only possible on lots worth more than EURO 500 exclusive of charges. In the case of telephone bids too, it is necessary that the intention to bid by phone be deposited in writing with the auctioneer at least 24 hours prior to the auction. Telephone bidders will then be called by OstLicht Photo Auction before bidding starts on the relevant lots. However, there can be no guarantee that a telephone connection can, in fact, be made. After having been legitimated by means of an identification document or credit card, auction-room bidders will be given a bidder number before the auction starts.
    
6. The total purchase price consists of the hammer price, the buyer’s premium and applicable VAT or amount in lieu of VAT at applicable rate. 
   - For items exported to non-EC countries, the premium is 20% 
   - For items not exported outside the EC the premium is 24% 
   - On items marked with * symbol 13% (for photographs) or 10% (for books) will be added on hammer price and premium for buyers within the EC and the buyer does not have a valid VAT number.
   - For property with * symbol VAT registered buyers from the European Union (EU) countries may have the VAT refunded if they provide us with their VAT identification number when registering for bidding.
   - Buyers taking property to a non-EU country in person may have the VAT refunded if they provide evidence that the property has been removed to another country outside the EU in the form of a copy of customs export documentation stamped by customs officers.
   
   When bidding on one of the live bidding platforms (e.g. LiveAuctioneers), an additional fee of 3% to 5% will be charged, depending on the platform.
    
7. The lots will be auctioned in numerical order as listed in the catalogue. The German text of the auction catalogue is binding. The auctioneer reserves the right to group numbered lots together during the auction, to separate them, to remove or to change the order as he sees fit. He may refuse an offer and rescind an accepted bid in order to continue bidding.
    
8. Bids will be in increments of approx. 10% of the starting price. As a rule the start price is the one to be found in the catalogue unless there have been higher written bids. In this case the auctioneer will call a bid favoring the highest bidder. This will be approx. 10% higher than the written offer made by the second highest bidder. Should there be more than one written, highest bid, the lot will be awarded to the first to arrive. The hammer price is the net purchase price.
    
9. Ownership of the goods only passes to the buyer after payment in full has been made. When a lot is hammered down, the acquirer is obligated to accept and pay for the lot for which he bid. In no circumstances will the auctioneer accept the return of any lots. Once the hammer has fallen all risk with regard to the article is transferred to the acquirer. However, the lot will only be delivered to the acquirer after full payment of the hammer price including all taxes, fees and charges due. 
   Should agreement be reached to deliver the item before full payment has been made, ownership of the article in question remains vested in the supplier until payment has been made in full.
    
10. In the absence of an agreement to the contrary, at the end of the auction bidders in the auction rooms must collect and pay for the lots they have acquired. Where payment is to be made by bank transfer, the total purchase price is due immediately together with any bank charges. Invoices for the items acquired either in writing or by telephone will be sent to the highest bidder immediately after the end of the auction. These must be paid within 8 days of receipt, in full and without deduction. Where payment is delayed interest will be due at a rate 5% above the prevailing rate of the „European Interbank Offered Rate“ (EURIBOR) / 3 months. Payment may also be made by cash on delivery, money or postal order or banker’s check. The acquirer accepts responsibility for all expenses involved in these methods of payment. Costs relating to packing, transport and transport insurance are not included and will be separately detailed on invoices. We would also like to bring to your attention that we only invoice for packaging at cost price and that because of agreements reached with transport companies we can offer favorable transport and insurance rates. Nevertheless, storage and packaging is at the buyer’s own risk.
    The auction house is entitled to collect a storage fee of  1–10 EURO (depending on the size and value) per day and item for items auctioned which have not been collected after the expiry of 30 business days from the date of the invoice.
    
11. In the case of refusal to accept delivery or late payment, the buyer is liable for all damages and costs arising there from. In either of these cases the auctioneer may require that either the contract be fulfilled or damages resulting from non-fulfillment be paid. The lots may then be auctioned again at the expense of the buyer. In this case the buyer is liable for the reserve price and has no claim on any additional revenue made.
     
12. Auctioned items cannot be returned. However, any case of obvious misrepresentation must be reported immediately after the auction verbally or in writing not more than 14 days thereafter. If the complaint is accepted as valid, the buyer has a right to the repayment of the purchase price and charges upon simultaneous return of the auctioned object. No other claims will be entertained.
     
13. After completion of the auction we are entitled to sell any non-auctioned items subject to the normal conditions of business in the name of, and for the account of, the supplier.
    
    Conditions of Sale for Bidders at OstLicht Photo Auctions (OstLicht GesmbH), 2022

The invoices for the purchased lots will be issued to the highest bidder a few days after the auction has ended. When issuing your invoice, we already take into consideration the shipping costs based on your shipping requirements, the shipping address, and the package size. Buyers who have provided their e-mail address will receive their invoices first. All buyers who have only provided a postal address will receive their invoices by mail.

Net payment to the auctioneer for the purchased photographs is due in full within eight days following receipt of the invoice. Payments can be made via bank transfer, credit card, or PayPal—the buyer shall be responsible for all expenses incurred in these payment methods.

The purchased items will ship after payment has been made. While we endeavor to keep the time between payment receipt and shipping brief, there might be some delay depending on the number of photographs to be shipped. Packaging, shipping, and transport insurance costs are not included and will be charged extra. Please note, however, that because of our various agreements with delivery companies we only charge prime costs and can offer the procurement of low-priced transport services and insurance. All storage and packaging, however, is generally at the buyer’s risk.

Paymentmethodes

1. The auction is public and voluntary and will take place according to sections 295–302 of the commercial code 1973 as well as the present conditions of auction. The auction will take place in the name of and for the account of the consignor. Place of performance and jurisdiction is Vienna. Foreign bidders are also bound by Austrian law. In the event of a dispute the German version of these conditions is binding.
    
2. The consignor confirms the correctness of the statement as to his person (name, address) with his signature. He further confirms that he is the absolute and legal owner of the submitted items(s)
    
3. Items will only be accepted for auction by OstLicht Photo Auction when they conform to prevailing legal rules. Should the item be e.g. part of the assets in bankruptcy or insolvency proceedings or have been imported without payment of customs duties, the auction house must be explicitly informed.
    
4. The agreed conditions and the personal details of every consignor will be treated by OstLicht Photo Auction with the utmost discretion and, as a matter of principle, not passed on. However should the situation arise that a third party is able to provide a credible claim relating to a submitted, identifiable item and ownership cannot be clarified by any other means, then the auction house is entitled to make the name and address of the consignor known.
    
5. If items are not sent by pre-paid mail or delivery service to OstLicht Photo Auction to be auctioned, the auction house will pay the fees until the final accounting with the consignor. Those costs, with no extra charge, will then be deducted from the proceeds of sale. If the item remains unsold, the amount is to be paid by the consignor when re-possessing the item(s).
    
6. Estimates and specialist determination of the objects is carried out by experts from OstLicht Photo Auction. The start price and estimate that appear in the catalogue is to be fixed by the auction house. The consignor receives a list with the description, starting price and estimate of his submitted item(s) fixed by us.
    
7. The items submitted for sale remain the property of the consignor until the hammer falls. When a bid has been accepted for the item, ownership of the article passes to the purchaser. OstLicht Photo Auction accepts no liability whatsoever with regard to damage during delivery, storage or viewing. In order to avoid any problems, your items will be insured at cost price for a flat rate of 1.5% (incl. VAT) of the lowest estimated value. 
    
8. The consignor of original photographs might be required to pay ‘Folgerechtsgebühr’ by § 16 of the European Copyright Law. Photographs, which are subject to this provision are marked with an *. The fee is calculated as a percentage of the hammer price (4% up to 50, 000 Euro, 3% > 50,000 < 200,000, 1% > 200,000 < 350,000). It will not be levied on maximum bids below 3,000 Euro and is deducted in the course of the Vendors Statement.
    
9. The consignor agrees that his item(s) may be photographed and those photographs published. Rights to these pictures are vested in OstLicht Photo Auction.
    
10. OstLicht Photo Auction is entitled to offer those items that remain unsold at the auction for post-auction sale for a period of up to eight weeks after the auction at the starting price incl. fees.
     
11. Payment of the proceeds of the auctioned items minus agreed fees, commissions and other expenses will generally only take place after the entire purchase price has been paid to OstLicht Photo Auction.
     
12. In the case of delay or failure of the purchaser to make payment, OstLicht Photo Auction bears no responsibility as far as the consignor is concerned. OstLicht Photo Auction reserves the right to offer items which have not been paid for to other bidders without consultation with the consignor.
     
13. The course of the auction and numerous details are to be read in the light of our published conditions as found in our current catalogue and at our web site: www.ostlicht-auction.com