Ikone Rußland 19. Jhd. / Icon, Russia 19th century Heiliger Johannes, Tempera auf Holz, 25 cm x

Terms & Conditions (01/01/2011) . 1 The employees of the auction house Kloss Shall act as agents of the seller for the sale of the item. All goods remain the property of the seller until payment is received in full. The auctioneer will store the items safely in adequate rooms without charges. On behalf of the client, the auctioneer will insure the goods against burglary, fire, tap water damage and windstorm upon payment of the valuation price less the commission Agreed. .According To the terms of the agreement, the auctioneer will charge the seller if a third person must store the items. The estimated value equal to the insurance value is the limited-considered amount for the claim for indemnity. . 2 The seller must Ensure® holding the right to dispose of the property by providing proof of authority (eg purchase certificate) if requested by the employees of the auction house Kloss. In every case of reasonable doubts Regarding the absolute power of disposition, the auctioneer is Entitled to terminate the contract without notice if the seller is not able to Provide any proof of authority to sell the good. The seller will Automatically be charged with all expenses incurred. Further More, the claim for damages is invalid. . 3 The representation and description of the property in the auction catalog edited by auction house Kloss described precisely refer to the specified information provided by the seller. The auctioneer is held responsible for deliberate action and / or gross negligence. The liability of the seller towards the buyer Concerns authenticity, origin, age, size and other features guaranteed. The auction house Kloss is Entitled to terminate all contracts between the seller and the auctioneer if Indicated details about the item made ??by the seller Appear incorrectly. . 4 The auction house Kloss is authorized to valuate every item for the auction sale. The valuation price of each item is listed in the auction catalog. The seller Shall knowthat the valuation of art objects as well as antique objects is fraught with uncertainty. The auction house can assume no liability THEREFORE, only in the case of deliberate action and / or gross negligence. . 5 The seller and the auctioneer are Entitled to agree in writing did a third person is enabled to prove the authenticity and the state of preservation of the property. The auctioneer is Entitled to obtain an expert opinion. .According To the terms of the agreement, the seller Approves of all Necessary measures taken by the expert authorized by the Particular association. All costs incurred fall to the seller. . 6 The employees of the auction house Kloss Shall act as agents of the seller for the sales of the items. The auctioneer is Entitled to hold the auction nach the conditions of the auction house Kloss (01/01/2011). . 7 The seller is authorized to set the hammer price in the signed contract. The limited-considered price is a guideline for any bid and / or offer made ??directly. The auctioneer is Entitled to offer the item for half of the valuation price if the seller names no limits. In case the acceptance of a bid under read 10% of the limited price, a conditional sale will take place. The auctioneer must not settle the balance. The bidder remains under obligation for four weeks. The auctioneer Confirms the acceptance of a bid using dutiful discretion, if the seller named not limited price. The price valuation made ??by the auction house Kloss is nonbinding. Gold and silver items refer to the general value of gold and silver. Oriental carpets and other textile must be Chemically Treated before sending it to the auction house. The costs fall to the seller. . 8 The auctioneer is responsible for the delivery and devolution of the property. The seller relinquishes all claims to the auctioneer. The auction house Kloss shoulderstand be under no obligation to account to the seller for sums due from the buyer until payment for the property sold has been made ??by the buyer to the auction house and the auctioneers will account to the seller within four to six weeks of the later of the auction. The contract includes the exact amount of commission. In addition to the commission, the seller must pay a fee (10 € to € 100 plus VAT) DEPENDING on the size of the item for costs on catalog images as well as advertising. The auction house will email individual images (3 € each) if requested. Images will be sent by email only after the auction house received the payment. The reimbursement of expenses is due even if the seller withdraws from the offer made. Objections against the accounting must be made ??within two weeks after receiving an invoice. If the conditions of delivery imply no exceptional regulations, the liability of the auction house and its employees refer only to deliberate action and / or gross negligence. . 9 If the property is unsold and the seller refuses to collect its property within three weeks, then the auctioneer is enabled to offer the same property again for 50% of the estimated auction price. If the property remains unsold for 12 month then the auctioneer is Entitled to sell or donate the property. 10th If the conditions of the contract containment no exceptional regulations, then the responsibility of the auctioneer Regarding the case of deliberate action and / or gross negligence Concerns every employee of the auction house. The auction house Kloss can be held responsible for negligence in the case of cardinal duty and / or foreseeable damages made ??by the auction house. 11th All contracts come under German law. The place of fulfillment is in Berlin. The place of jurisdiction for disputes as well as action on a bill of exchange / Cheque ist in Berlin. auction conditions , as amended on 01.11.2011 With the participation in the auction, whether in the way of personal, telephonic, written, written or electronic telecommunication participation, the following conditions are recognized; The conditions apply to all auctions and its affiliated businesses, sale and delivery. Compared to the Submission Guidelines these provisions take precedence insofar as they govern the same facts; otherwise supplement the auction conditions SUBMISSION GUIDELINES: catalog and texture . 1 The auction house Kloss, Rosenthaler Str. 16, 13127 Berlin auctioned at public auction in accordance with § 383 para. 3 sentence 1 BGB in the name and for the account of the depositors (Agent). The auction takes place voluntarily. Each client is assigned a number so that the delivery directory from to is see which items brought in by what authority were. . 2 All lots put up for auction are all used and have their age and origin corresponding condition. You can check and under the preview to the public. The information contained in the catalog or other forms of presentation (eg Internet), which are usually based on information provided by the consignor are to the best of my knowledge and belief. You are not warranted characteristics in terms of §§ 459 et seq principle. BGB, rather than to look at expression and not as a statement of fact. Information of any kind, whether orally or in writing, bring only a subjective assessment of the auction house and are expressed as no other individual agreement, warranty or agreement. Also be used to catalog other forms of presentation, however, are only the textual information contained in the catalog, however, not pictures, prevail. We reserve the right to correct catalog information in the auction. The conservation status is not consistently mentioned in the catalog, so that missing information likewise does not constitute any agreement. damage found in the catalog only mention if in the opinion of the Auctioneer the overall appearance of the auction object affect significantly. It is apparent from lack of references to repairs, restorations, additions or other measures at 2/7 Versteigerungsobjekt not that the thing in perfect condition located. Low value items have the Lots outside of the catalog will be auctioned. Liability and limitation . 3 Any liability of the Auctioneer for any open or hidden defects, for loss or damage to the auctioned object is expressly excluded unless a legal liability not compulsory is. Claims for damages against the auctioneer for legal and material defects as well as other legal grounds, including replacement of wasted expenses and compensation for expert fees are excluded to the extent they are not intentional or grossly negligent act of the Auctioneer based or caused by injury to life, body or health have. The liability for simple negligence amount is limited to the amount of each premium. For simple negligence by the auctioneer and the persons to whom he has to enter, there is only a liability if this concerns the violation of essential contractual obligations. . 4 Objects belonging to the auctioneer, will be in the catalog and listed separately auction directory and marked as such. . 5 The Auctioneer agrees to promptly made ??substantiated complaints of the buyer to the consignor of the claimed matter forward. . 6 All claims against the Auction House for used items expire 1 year after delivery of the object awarded, unless they result from a deliberate breach of the law or based law prescribes longer limitation periods are prescribed. As far as the acquirer merchant, trader or freelancer is statute of limitations for warranty claims within 6 months after the date of the bid. Excluded from the shortened limitation, claims, which are caused by the injury of life, body or health have. the end of the auction . 7 Is decisive in bids of any kind is said in the bid catalog number. The auctioneer has the right to separate numbers or to unite, to offer or withdraw any of the series. . 8 It can also reject bids without notice; This is especially true when a bidder who is not known to the auctioneer, with him a 3/7 does not yet exist business relationship, or the bidder is not later than the end of the auction provides security. A claim to acceptance of a bid, there is not even in the event of a security. If a bid is rejected, the commandment given immediately before remains binding. Enter multiple people the same bid, the bid first-delivered receives the contract. Of disagreement on a contract, the auctioneer may the contract immediately in favor of a particular bidder at its sole discretion to repeat or call the object again. A claim for award of the contract does not exist. A bid expires except in the case of its rejection by the auctioneer then, when the auction without awarding the contract is closed or if the auctioneer calls the object again; a bid is extinguished by a subsequent invalid overbid. . 9 All bids are considered by the tenderer in its own name and for its own account given. If a bidder wishes bids on behalf of a third party leave, he must so before auction begins stating the name and address of the represented and a written proxy report, otherwise he is committed. 10th The call usually starts at the price stated in the catalog. In the catalog specified price estimates are no minimum or maximum prices, but serve only as a guideline for the market value of the goods without liability for the accuracy. If no price is stated in the catalog, which begins with the invocation estimated by the auctioneer target price, unless that already there are higher bids in writing or the Auctioneer to the consignor a reserve price of more than 50% of the estimated price has been agreed. The increments are at the discretion of the Auctioneer, in general, 10% of the previous bid. 11th We can personally in the auction room and in the absence of writing, by phone or, if the auction house Kloss an approved platform has given Internet, are submitted online. Written bids must be the day before the auction later than had been received and the item shall list the catalog number of the offered price, as the hammer price and without buyer understands VAT designate. In written bids are instructed bidder the auctioneer to bid for him. Ambiguities or inaccuracies borne by the bidder. The auctioneer is not required to provide the written bidding of the non-consideration of his bid to put in knowledge. Each written bid the auctioneer is taken only with the amount in claims that are required to others to offer bids. 4/7 For telephone bids, a present in the auction room operator will instructed packages to the instructions of the previously identified tenderer submit. The phone offers are binding and are in the hall equal submitted bids. In the bid submitted by telephone are the buyer's premium, VAT or other costs not included. Telephone bids may be recorded by the auction house Kloss. With the request for telephone bidding the applicant with the stated conditions of Sale and the recording of telephone conversations agree. The Auction House is not responsible for the existence and maintenance of telecommunications connections or for transmission errors. 12th Internet Bids can both absentee bids before the start of an auction as well as live bids during a live transmitted on the Internet auction be issued pursuant to this auction terms. Bids received during an ongoing auction via the Internet, be taken into account only if it is a live transmitted on the Internet is auction. In addition, Internet bidding is only permitted if the bidder from the auction house Kloss to bid via the Internet has been approved sending a username and a password , and the bids can be assigned unambiguously. The over the transmitted Internet bids will be logged electronically. Live bids will be treated as bids from the auction room. 13th The withdrawal and return in accordance with the law for distance contracts applies to written, telephone and internet bids not apply. 14th The award is made ??after three calls to the highest bidder. If the limit previously set does not reach, but slammed subject to change, so the bidder for four weeks remains bound to his bid. If a reservation is not approved by the consignor or offers someone the limit that can in designated the catalog number Versteigerungsobjekt in which without question be issued bidder of the reservation to a higher bidder. It is the responsibility of the tenderer to inform you of the approval of his bid. A surcharge indication is also possible if legal or factual doubt be logged in to an object during the auction. If, despite the votes bid no bid is accepted by the auctioneer the liable bidder only in case of intent or gross negligence. If the auctioneer overlooked a higher bid or existing doubts about the contract, he can until the conclusion of the auction at his discretion to award in favor of a repeat certain area or the offer subject again; In these cases, a previous will supplement ineffective. 5/7 15th The subsequent sale is part of the auction. In Nachgeboten a contract comes into existence only after the Auction House accepts the offer. In all other respects the auction conditions for the private sale. Buyer's obligations, risk transition 16th The contract requires the bidder present in person for immediate purchase and immediate payment of the auction object. In addition to the hammer price from the buyer's premium of 20% plus the legal VAT of 19% on the buyer's premium (ie a total of 23.8%) to pay. On the net invoice price (hammer price and buyer's premium) is the statutory sales tax of 7% for original images, graphics, sculpture and collectors' pieces and Applied Arts and Photography added. . From the VAT exempt are export deliveries to third countries, and - in entering a VAT-ID-No. to companies in other Member States. 17th Absent transferee shall be required objects immediately after announcement of the bid at the auction house for cash on hammer price and buyer's premium, including the related VAT. pick up. A special request for collection is not required. The ownership of the auctioned items will remain until all the owed ??by the purchaser at the time of the bid requirements of the auctioneer reserved. With the award, all risks, particularly the risk of over accidental loss and accidental deterioration of the bidder, even if the acquirer picked up the items is not immediately at the auction house has. The auction house bears in no event be liable for any loss or damage unclaimed or lack of payment not specified objects, unless it would be intent or gross negligence. Not uncollected items may at the expense and risk of the auction house give acquirer in a storekeeper for storage; the buyer will be informed of the storage. 18th Payments must be made ??in cash in Euros or by debit card to the auctioneer. From an invoice amount of 500 € a payment on the spot with is credit card plus 2.9% plus VAT possible. Instead of cash and payment can be made ??by certified check; Cheques are only accepted. By bank transfer or check cashing incurred costs, fees and taxes shall be borne by the purchaser. In bidding in the absence of immediate applies without prejudice to the payment due date is not within 7 days of the invoice date as late; after which it will default. The auctioneer has the right to demand overdue fines in the amount of 10 € each reminder, wherein the Buyer 6/7 is entitled to prove that the auctioneer no or only minor damage has occurred. 19th In late payment interest at the rate of 1 percent per month will be in charge will apply. The purchaser has the right to prove a lower or no damage by the auctioneer. In addition, the auction house may default in payment choice to claim breach of contract or rescind an appropriate period of the contract. In case of cancellation all rights of the tenderer shall expire at the auction item. The auction house is . entitled to claim damages in the amount of lost share premium If the item is sold in our new auction, the offending shall be liable for any shortfall in proceeds acquirer also compared with the previous auction and the cost of the repeated auction; on a possible additional proceeds he has no claim. The auction house has the right to exclude defaulting purchaser of further bids in auctions. 20th Purchase money and purchase money arrears and services, the auctioneer collect and sue on behalf of the consignor. 21st Compared with the auctioneer, the buyer can only undisputed or offset judicata. Retention of the purchaser are excluded if they are not on the same contractual relationship based. Final provisions 22nd The bidder agrees that his name, address and purchases for the purpose of execution and completion of the auction, and for the purpose of notification about future auctions and tenders will be electronically stored and processed by the auction house. 23rd This auction conditions govern all relationships between the buyer and the auction house Kloss. Terms of buyer have no validity. Verbal agreements do not exist. Changes in the auction conditions shall be invalid unless the writing. 24th Place of performance and jurisdiction for the full commercial transactions exclusively Berlin. German law applies; the provisions of the International Sale of Goods shall not apply. 25th As long as the auction house, auction steep contractor and tenderer is not contrary to express, they assure that they catalog and depicted therein items from the period of the Third Reich for purposes of civic education, the defense unconstitutional efforts, the art or science, research or teaching, 7/7 reporting on events of current affairs or history or auction or purchase (§§ 86, 86a StGB) for similar purposes. The auction house and the consignor give these items only under the above conditions from. Items whose content violates §§ 130 and 131 of the Criminal Code violates 130a are excluded from the auction. 26th If one or more provisions of this auction conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision by a valid provision to replace the economic content and purpose of the invalid provision as closely as is. The same applies if the contract involves having gap requiring supplementation.