FOR BUYERS

Conditions of Sale

1. By submitting a written or telephone purchase order, an online bid or by participating in person as a room bidder, each bidder at the OstLicht Photo Auction accepts the terms and conditions of the auction.
2. The auction is open to the public and shall be conducted in accordance with the regulations of the Trade, Commerce and Industry Regulation Act and in accordance with the legal conditions. Place of execution is the place of business of the Auction House and place of jurisdiction is Vienna.
3. The valuation and professional definition of the objects were carried out by experts of OstLicht Auction. Errors and misprints may occur. Corrections to the description in the online catalogue can be made up until the auction
4. If a bidder is unable to attend the preview, we will be happy to provide additional condition reports by e-mail. High resolution photographs of all works including the back sides can be viewed in our online catalogue www.ostlicht-auction.com.
5. Bids can be submitted in writing (letter or e-mail to: info@ostlicht-auction.com) or via our homepage, or other online platforms. The bids must contain the address of the client as well as the highest bid in EURO. These prices should be maximum prices the buyer is willing to pay; the premium will be invoiced as an additional charge in the case of a successful bid. In any case, the bid will be knocked down at the lowest possible amount for the bidder
6. For lots from 500 EURO we also accept telephone bids. Telephone bidders will be called by OstLicht Auctions before the requested lots are opened. However, we cannot guarantee that the telephone connection will be completed.
7. Room buyers will receive a bidding number upon presentation of identification or a valid credit card before the auction begins.
8. The auction house reserves the right to request proof of liquidity from a remote bidder, to require an advance payment for high bids or the deposit of a valid credit card.
9. The purchase price for lots consists of the hammer price plus the premium of usually 24% (incl. VAT). Exceptions are those lots marked with * next to the starting price. Here the premium is 20% plus 13% VAT, if these remain in the EU.
10. For lots exported to third countries outside of the European Community or purchased with a valid UID number, the Premium is only 20%.
11. In the case of works by some living photographers and photographers who died less than 70 years ago and were listed at bildrecht.at, we are obliged to collect the droit de suite. This is for the benefit of the artist or his heirs. This amounts to the percentages defined by the legislator depending on the hammer price. It is not payable for hammer prices below EUR 2,500. The fee amounts to 4% for hammer prices up to 50,000 EUR, 3% of the further 150,000 EUR. The droit de suite will be added to the buyer's invoice
12. If bidding via one of the live bidding platforms (e.g., LiveAuctioneers), an additional fee of between 3% and 5% will be charged, depending on the platform.You also have the option of bidding live or placing written bids via our own platform (www.ostlicht-auction.com) at no additional cost.
13. The auction will take place in the order of the catalogue numbering. The catalogue text of the printed edition of the auction catalogue shall be relevant. The auctioneer is entitled to reject bids and to cancel a knockdown already awarded in order to further increase the value of the item in question.
14. The starting price is the price stated in the catalogue, unless there are several higher written bids. The hammer price is increased by approx. 10% of the starting price. If there are several identical written bids, the first bid received will be accepted. In principle, no underbids will be accepted. The prices are in EURO, also the invoices must be paid in EURO.
15. Ownership of the auctioned goods shall not be transferred to the buyer until payment has been made in full. In the event of a successful bid, the buyer undertakes to accept and pay for the lot auctioned by him. The Auctioneer shall not be entitled to take back auctioned items.
16. The items are insured until 14 days after the auction or until the buyer takes possession of them before the expiry of this period, after which the buyer is liable for the lots purchased by him.The auctioned lots will only be handed over to the highest bidder after full payment of the hammer price and the buyer's premium, as well as any applicable taxes and fees.
17. Room bidders must pay for and collect the auctioned item at the end of the auction. If payment is made by credit card, 3% will be added to the purchase price. For lots purchased in writing, by telephone or online, you will receive an invoice with bank details as soon as possible. These must be paid within 8 days of receipt net without deductions and including bank charges. In the event of late payment, interest on arrears will be charged at a rate of 5% above the base rate of the Austrian National Bank. Costs for packaging, transport and transport insurance are shown separately in the invoice. These are charged at cost price, and we make every effort to offer the most reasonable transport and insurance rates. A storage fee of 5-20 EURO per day and item may be charged for auctioned items that have not been collected after 30 working days from the date of invoice.
18. In the event of refused acceptance, late payment or non-payment, the buyer shall be liable for all damages and resulting costs.Lots that have not been paid for or have only been partially paid for may be auctioned again. In this case, the original buyer shall be liable for the reduced price and shall not be entitled to any additional proceeds.
19. Auctioned items will not be taken back. However, if it is an obvious and serious wrong description and the buyer has not personally inspected the item, it must be claimed in writing no later than 8 days after receipt. If the claim is accepted as valid, the buyer has the right to a refund of the purchase price and the buyer's premium with the return of the auctioned item at the same time.
    Conditions of Sale for Bidders at OstLicht Photo Auctions (OstLicht Ges.m.b.H), April 2023
    
    Terms and Conditions for Bidders of the OstLicht Photo Auction (OstLicht Ges.m.bH) November 2023

FOR SELLERS

Conditions for Auction Items

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 agrees that his item(s) may be photographed and those photographs published. Rights to these pictures are vested in OstLicht Photo Auction.
9. 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.
10. 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.
11. 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.
12. 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.