Conditions for Auction Items
- 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.
- 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)
- 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.
- 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.
- 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).
- 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.
- 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.
- The consignor agrees that his item(s) may be photographed and those photographs published. Rights to these pictures are vested in OstLicht Photo Auction.
- 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.
- 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.
- 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.
- 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.