Version April, 2022
(1) Kunsthandel Widder GmbH (hereinafter referred to as “auction house” for short) carries out public auctions as commission business under the name of Widder Auctions in accordance with the provisions of these rules of procedure and accepts orders for sale by auction in accordance with these terms and conditions. The statutory provisions only apply on a subsidiary basis. Mandatory legal regulations, such as the Consumer Protection Act, remain unaffected. Conflicting terms and conditions of the auction house's contractual partners are not the contractual basis and are ineffective.
(2) The auction can take place in one's own name, on a commission basis or through an intermediary, inside or outside the business premises, on the Internet or with the help of any other distribution medium.
2. Acceptance and rejection of objects, hallmarking
(1) Movable objects of all kinds, especially works of art and
Antiques with the exception of the objects listed in point 2, paragraph 2.
(2) The auction house does not accept any items that arouse the suspicion that they have come into the consignor's possession, misappropriated or illegally exported.
(3) The acceptance of objects for auction can be refused, even without a reason.
(4) The auction house reserves the right to withdraw items that have already been accepted from the auction at any time without giving reasons.
(5) In the case of objects that are taken over from abroad, the auction house may request proof of customs clearance and an export permit.
(6) The consignor may be requested to provide identification.
(7) Objects that do not comply with the statutory hallmarking regulations are accepted with the reservation that the consignor bears the risk and costs of the hallmarking.
(8) The decision as to whether precious metal objects are to be hallmarked is made by the auction house in agreement with the hallmarking office. To determine the type and extent of the hallmarking requirement, the auction house can carry out fineness tests itself or have expert reports drawn up at the expense of the consignor.
(9) The costs for the prescribed official hallmarking inspection, collection and manipulation fees as well as fees for carrying out fineness tests and hallmarks are passed on to the consignor by the auction house.
3. Auction order, confirmation of acceptance, fees for consignors
(1) The handover of objects to the auction house is recorded in a confirmation of acceptance with an integrated list of the works to be handed over and must be signed by the consignor. The acceptance confirmation with catalog raisonné serves to confirm the acceptance of the objects brought to the auction.
(2) Disadvantages resulting from incorrect or incomplete information affect the consignor.
(3) By signing the acceptance confirmation, the consignor declares that he / she agrees to the terms and conditions of the auction house's rules of procedure. The consignor receives a copy of the acceptance confirmation as well as the rules of procedure or their abridged version when they are brought in. Objections are to be raised immediately in writing.
(4) By signing the acceptance confirmation, the consignor declares that he / she agrees to the auction conditions, the description of the items, the limit and the starting and estimated prices.
(5) The payment of the auction proceeds, the withdrawal of the auction order and the return of unsold objects are made upon presentation of the acceptance confirmation. The auction house may demand written proof of his / her right of disposal and the submission of ID from the carrier of the acceptance confirmation.
(6) The fee for consignors relates to the highest bid. If an object remains unsold, there are no consignor fees. If the auction is successful, the fee is up to € 5,000, - 20%, from € 5,001, - to € 10,000, - 15% and over € 10,000, - 12%. All fees include VAT. In the case of expensive art objects or entire collections or bundles, the conditions are by agreement.
4. Rejected Items
(1) Objects that have been handed over or sent to the auction house but whose acceptance for the auction has been refused and which the consignor has not picked up within the set deadline will be returned to the consignor at his / her own risk and expense stored in the auction house or outside at the expense and risk of the consignor. The same applies to objects that the auction house has withdrawn from the auction.
(2) The auction house reserves the right, without giving reasons, to withdraw objects from the auction until the bid is accepted.
5. Estimation, description, pricing and limits of objects
(1) The auction house experts examine the objects handed over for auction and provide an estimate and description. You set the estimated prices and, in agreement with the consignor, the minimum selling prices (limits). The price range between the upper and lower estimate is a guide within which the highest bid can be expected. The creation of the estimated and starting prices as well as the descriptions are carried out with care and conscientiousness. However, the auction house does not guarantee the consignor that the descriptions are correct.
(2) The descriptions of the objects are subjective opinions of the auction house experts. Your details, even if they were given in the run-up to an auction order, do not represent any assurance of a specific property or value.
(3) The objects brought in will not be auctioned below the agreed minimum sale price (limit). If the minimum sale price is not reached at the auction, the object can be knocked down with reservations. The final bid will only be accepted after the consignor has given his / her consent.
(4) The descriptions of the objects are subjective opinions of the auction house experts and mean:
a) First and last name of the artist with dates of life and the designation "signed" or "monogrammed": a clearly assignable work by the artist.
b) “Attributed”: a likely, but not necessarily authentic, work by the artist.
c) “Area”: a work created within the artist's sphere of influence.
d) “Inscribed”: a probable work, but not signed by the artist's hand.
e) “Workshop”: a work created in the artist's immediate environment.
f) “School”: a work created in temporal and stylistic proximity to the artist.
g) "Succession": a stylistically related work by the artist that emerged as a successor.
(5) The auction house is in no way liable to the buyer or consignor for damage caused by incorrect pricing or descriptions.
(6) The auction house may correct catalog information before the auction. These corrections are made by publication on the website or by verbal advice from the auctioneer immediately before the object in question is offered. In this case, liability is only assumed for the correctness of the corrected information.
6. Inspection, condition of objects and complaints
(1) All items that are auctioned at auction can be examined and checked in the original by prospective buyers during the pre-inspection period. Claims for damages, in particular consequential damage caused by defects, are therefore excluded. This also includes the 14-day right of return for remote purchase.
(2) The location and duration of the viewing are determined by the auction house.
(3) The auction house can also present objects in previews outside of its business premises.
7. Withdraw objects
(1) The consignor can withdraw objects that he / she has handed over to the auction house for auction 0 to 7 days before the start of the auction against payment of a withdrawal fee of 25% inclusvie VAT of the lower estimated price. For items that are withdrawn 8 to 30 days before the start of the auction, a withdrawal fee of 15% inclusvie VAT of the lower estimated price will be charged.
(2) The auction house can immediately terminate the contractual relationship with the consignor in writing, orally, by telephone or by means of electronic notification if one of the points listed occurs:
a) The consignor does not issue any instructions to the auction house for further business transactions despite repeated requests, or
b) the realization of the exploitation is impossible or unreasonable for the auction house for legal, moral, ethical, social or business-political reasons, or
c) reasons for a rejection within the meaning of point 2 paragraph 2 emerge retrospectively, or
d) if there are justified doubts about the consignor's necessary power of disposal, or
e) the consignor has provided false information about the object to be auctioned, his / her person or any other business-related circumstances.
8. Objects that have remained unsold and withdrawn, after-sales
(1) Objects that remain unsold in the auction under the agreed conditions (limits) may be offered in the post-auction sale at their minimum sale price (limit) or, if no limit has been agreed, at the starting price. The auction house may sell items directly at the limit price without consultation until the items are collected by the consignor or the post-auction sale is deemed to have ended, no later than 6 weeks after the auction date.
(2) The provisions of the rules of procedure that relate to objects brought in also apply in the same way to those objects that are sold in the post-sale.
(3) After the post-sale has been completed, the consignor is requested to collect the objects brought in. If the consignor does not comply with the request within the period set, the auction house reserves the right to remove the unsold objects
a) to send it back to the consignor at his own risk and expense, or
b) to store the unsold objects at the expense and risk of the consignor, if necessary also outside the auction house.
(4) If objects are withdrawn from the auction house and the consignor does not comply with the request to collect them within the deadline set, it behaves as in point 8 (3).
(5) Objects that could not be auctioned at the agreed conditions (limits) and that have not been picked up by the consignor after the post-sale period and an associated collection period of 30 days may be auctioned by the auction house without further notice at market-compliant conditions or otherwise recycled or returned to the consignor at his / her expense and risk or stored at the expense and risk of the consignor. For objects that have already been withdrawn and not picked up within 30 days, the auction house agrees to use them under market-compliant conditions.
9. Exhibition, condition report, photos, illustration fees
(1) The choice or change of the auction location, medium and dates, the location and dates of the exhibition and the choice of the necessary means of transport, as well as the publication, design or modification of auction catalogs or other advertising material is left to the auction house.
(2) In the descriptions, the upper and lower estimated price and, in the case of online auctions, also the starting price are usually given.
(3) If the auction house publishes advertising material (catalogs, directories, etc.) for certain auctions, all objects up for auction will be included as far as possible. The consignor grants the auction house the unrestricted right to photograph and illustrate the objects brought in. He / she generally agrees to the depiction of his / her objects subject to the obligation to pay compensation. Unless an agreement is made between the auction house and the consignor on the specific display modalities upon handover, the following procedure will be agreed.
(4) Illustration fees:
a) Objects shown online only: € 50,- per object and for
b) Images in printed catalog: € 100,- per item.
c) Individual image on the catalog title € 400, -
(5) The auction house reserves the right to use, reproduce and distribute the images produced by the objects brought in for whatever purpose, in particular for general promotion of the auction house's business activities.
(6) In auctions that take place on the Internet, the objects are displayed by describing and depicting the objects to be auctioned on the auction house's online platform and, if necessary, on external platforms. A viewing of the objects is possible by arrangement.
10. Conducting the auction, bids
(1) The auction takes place at the place of business of the auction house or at the place of the exhibition or inspection under the direction of the auctioneer of the auction house.
(2) The offering of an object begins with the naming of the lot number, artist name and / or object description and the starting price. The starting price is usually two thirds of the lower estimated price, but the auctioneer can set it higher or lower.
(3) All prices in the catalog and in the auction refer to EURO. Information from the auction house about the equivalent of other currencies and exchange rates is non-binding.
(4) As a rule, an auction takes place on the basis of the auction levels according to the table, but the auctioneer is entitled to deviate from these levels. The bid (conclusion of contract) is made by accepting the highest bid (highest bid). If the minimum sales price (limit) is not reached, it can be knocked down with reservations. In the case of internet auctions, the knockdown at the end of the auction is deemed to have been awarded to the highest bidder, unless the auction conditions provide otherwise. If the minimum price agreed with the consignor is not achieved, no surcharge will be awarded. If the starting price is successively reduced during the bidding process, the increase process begins with the first valid bid. If only one bidder submits a bid, this bidder will be awarded the contract. The award of the contract can depend on the occurrence of conditions (e.g. proof of identity, credit card deposit,
Highest Bid from
Highest Bid to
€ 150.000 +
(5) Each bidder is considered to be acting in his / her own name, unless he / she can prove in writing that he / she is acting as a representative of a named interested party.
(6) The auction house may require a bidder to make a down payment of 10% of the lower estimated price of the objects that he / she has declared to want to bid.
(7) The auctioneer of the auction house is entitled to separate, combine or withdraw lots, to change the order of the lots and to strike with reservations.
(8) The auction house may reject bids without giving reasons. In particular if it is to be feared that the bidder will not pay the highest bid. In this case, the previous bid takes effect.
(9) If there is no bid, the item will be put on hold. However, it can be the same
Auction can be offered again at a lower starting price.
(10) By submitting a bid, the bidder confirms that he / she has ascertained the condition and description of the property prior to the auction.
(11) In the event of differences of opinion, double bids, or if a bid has been overlooked, the auctioneer can cancel a bid that has already been awarded and re-auction or re-auction items.
(12) Agreements between interested parties aiming to reduce the highest bid
aiming are prohibited. Offenders can be excluded from the auction.
(13) Any behavior that is likely to disrupt the orderly course of the auctions, or
to falsify, as well as any attempt to prevent auction participants from bidding or
deterring is prohibited. Offenders can be expelled from the auction.
11. Fees for buyers, buyer's premium and resale rights
(1) The purchase price consists of the highest bid plus the buyer's premium, value added tax
and, if applicable, the droit de suite. The buyer's premium is made up as follows:
a) In the case of differential taxation, a premium of 28% shall be added to the hammer price. The VAT is already included in the differential taxation.
b) In the case of normal taxation (marked ° in the catalogue) a premium of 24% is added to the highest bid. For paintings, watercolours, drawings and sculptures, the statutory VAT of 13% shall be added to the sum of the highest bid and the buyer's premium; for all other objects VAT is 20%.
(2) Works that are subject to the resale right payment are marked with * next to the artist's name. The non-refundable resale right payment is offset in the form of a surcharge to the highest bid and is only borne if the highest bid is more than € 2,499.00. The resale right is paid as follows:
a) 4% of the first € 50,000 of the highest bid
b) 3% of the additional € 150,000.00 (50,000.01 - 200,000.00)
c) 1% of the additional € 150,000.00 (200,000.01 - 350,000.00)
d) 0.5% of the additional € 150,000.00 (350,000.01 - 500,000.00)
e) 0.25 of all other amounts (over 500,000.01)
The maximum resale right is not more than € 12,500.
The resale right tax is payable up to 70 years after the artist's death.
(4) The auction house will only hand over the auctioned items after full payment has been made.
(5) Ownership of the objects does not pass to the buyer until the purchase price and all fees have been paid in full.
12. transfer of ownership
The delivery and the transfer of ownership with regard to the auctioned objects shall only take place after full payment of the purchase price including all interest, fees, costs and expenses.
13. Fulfillment, withdrawal from the contract, covering sale
(1) Buyers are obliged to pay the purchase price (highest bid plus fees and all applicable taxes and duties) of the auctioned items within 7 days of the invoice being issued.
(2) If the buyer does not or not completely fulfil his obligations arising from the purchase contract concluded with him/her and arising from these terms and conditions, despite a request for payment, within the period granted to him, the auction house shall be entitled, without prejudice to any other rights it may have, for itself and/or the consignor
a) either to continue to insist on the fulfilment of the purchase contract and to demand from the buyer, in addition to the payment of the purchase price, the payment of all interest at the rate of 5% of the arrears, calculated on a daily basis from the 14th day after the date of the invoice, costs and expenses, including the costs of legal representation for the enforcement of the fulfilment of the purchase contract; or
b) withdraw from the purchase contract. In this case, the auction house reserves the right for itself and/or the consignor to claim compensation from the purchaser for the entire damage caused by him/her, which, after a covering sale, may result in particular from fees incurred, expenses, costs and losses of lower purchase prices including all costs and expenses as well as the costs of legal representation, etc., or
c) to re-auction the item for the account of the buyer.
(3) The auction house shall be entitled to set off all payments of the purchaser against these outstanding claims. In the event of a sale on commission, the auction house shall be entitled to assign these claims to the consignor in accordance with the statutory commission provisions. In the event of a cover sale or re-auction for the purchaser by the auction house, the purchaser shall be treated as a consignor with regard to the applicable fees.
14. Takeover of auctioned objects
(1) Domestic buyers are obliged to pick up the auctioned items within 14 days of receipt of the invoice. Otherwise, the auction house may charge storage fees. The collection period for buyers from abroad is 28 days after invoicing.
(2) The auctioned items are insured by the auction house within the collection period. After the collection period has been exceeded, the auctioned items are stored at the buyer's own risk.
(3) The buyer is responsible for the packaging and shipping of auctioned objects. These take place at the sole risk and expense of the buyer.
(4) After a period of 90 days from the day of the knockdown, objects that have been bought but not picked up can be brought back to the auction by the auction house at the buyer's sole expense and risk. The defaulting buyer is treated like a consignor with regard to all fees.
The consignor and the buyer grant the auction house a right of lien and retention on the objects brought in by him or the objects acquired by him / her. This lien serves to secure all current and future, also conditional, limited and not yet due claims to which he / she is entitled from all legal transactions concluded with the buyer or consignor. The right of lien also extends to claims for damages including the costs of legally friendly representation.
16. Guarantee of authenticity
(1) The estimates, descriptions and technical determinations of the objects are carried out by experts of the auction house to the best of their knowledge and belief. The auction house guarantees the authenticity that the objects in the auction come from the named artists or authors.
(2) All information, apart from those about the artist, is based on published or generally accessible scientific findings that have been carefully researched by the auction house's experts. The auction house does not guarantee the correctness of the description, in particular the indication of the origin, age, epoch, manufacture, materials, etc.
(3) In the description and in the expert reports, errors and damage to the objects are only mentioned if they have a significant impact on the commercial or artistic value. The auction house does not guarantee the condition of the objects.
(4) If a buyer proves the inauthenticity within two years after the auction, the auction house will reimburse him / her step by step against the return of the (unchanged) object. The auction house is not obliged to provide such a guarantee if the item has been changed after the auction.
(5) Other complaints and claims of whatever kind regarding the price, quality and condition of the auctioned items or claims for damages, insofar as they are not already covered by the guarantee of authenticity, are to be made towards the auction house and those persons for whom it was without the Exclusion of liability is excluded, provided that in the case of sales contracts with consumers within the meaning of the Consumer Protection Act, additional claims are not based on grossly negligent or willful behavior by employees of the auction house.
(6) If the generally accessible scientific knowledge and the opinions of generally recognized experts change by the time the complaint is made, the auction house is entitled at its sole discretion to either cancel the purchase at the expense of the consignor or to reject the complaint
17. Insurance and Compensation
(1) All objects that have been handed over to the auction house with its consent are insured against loss and damage until the purchase price is due or until the end of the collection period in accordance with Section 8, Paragraph 5. The insurance value of the objects is equal to the lower estimated price, unless a minimum sale price (limit) has been agreed, in which case the insurance value is equal to the minimum sale price.
(2) Liability vis-à-vis the contributor shall commence with the takeover of the object until the fall of the hammer. The liability towards the buyer begins with the acceptance of the highest bid and ends with the end of the collection period according to item 14, paragraph 1. The objects of art are insured against loss and damage in the amount of the highest bid as of the acceptance of the bid. Thereafter, the objects of art shall only be insured for a maximum of 6 months after invoicing, if there is no default in payment.
In the event of objects not having ben sold, the liability towards the contributor ends until the end of the period set for him/her to collect the objects or after the end of the post-sale, after a maximum of 6 weeks, and an additional collection period of 30 days.
Thereafter, liability for the objects shall only be assumed if the consignor or the purchaser has so agreed with the auction house. In this case, the seller or buyer shall also bear the costs of insurance.
(3) In the event of loss or total loss of an object, the insured value will be reimbursed to the consignor. In the case of objects that have already been sold, the respective purchase price will be reimbursed to the buyer. If an object is damaged, the auction house will reimburse the restoration costs and the depreciation determined by the insurance company.
(4) The auction house is only liable for damage caused to the objects by force majeure, pests, climatic fluctuations or the like in the event of gross negligence or willful misconduct.
18. Sales Fees, Payment of Sales Proceeds
(1) After full payment for an auctioned item, but no earlier than 30 days after the auction has ended, the seller receives the proceeds from the sale minus all commissions, taxes, other fees and costs.
(2) If several items have been handed over, partial payments for individual items that have already been sold can also be paid out to the consignor insofar as there is still sufficient cover for all claims of the auction house for whatever legal reason.
(3) If the buyer issues a notice of defects in the case of an auctioned item within the collection period set out in point 14 or within the statutory warranty period, the auction house is entitled to make the payment to the consignor until the final settlement of the Suspend complaint. However, if the buyer's complaint to the auction house is justified, the auction house can finally refuse to pay the consignor in whole or in part. If the sales proceeds have already been paid out, they can be reclaimed in whole or in part by the auction house and must be reimbursed by the consignor immediately upon request.
(4) When the auction proceeds are paid out, the consignor will receive an invoice. The highest bid and any sales commissions emerge from the billing provided.
(5) The sales proceeds are paid out by bank transfer for amounts up to
€ 1,000, - also in cash by arrangement.
19. Reimbursement of expenses
All expenses that arise in connection with a business case, such as postage, freight and storage costs, legal fees, advertising material costs, etc., are to be reimbursed to the auction house either by the consignor or the buyer in accordance with the polluter pays principle.
20. Purchase orders
(1) The auction house accepts purchase orders in writing and verbally or via the Internet. By submitting a bid, the bidder accepts the auction house's general terms and conditions.
(2) Written bids are treated as if they were bids submitted in the auction room. The auction house bids for the client of the written bid up to his / her set purchase limit.
(3) The auction house reserves the right to refuse bids without giving reasons or to ignore purchase orders that have already been received. The auction house assumes no liability for error-free processing of the purchase orders.
(4) Written bids must be clearly assignable and should contain the following points:
a) The lot number of the item to be auctioned.
b) The artist's name or brief description of the object.
c) The highest bid (without commissions, taxes or resale rights) up to which the auction house is to bid.
d) The name, address, telephone number, email address and signature of the bidder.
(5) The auction house has the right to receive proof of identity and the details of the bidder's bank details.
(6) Written bids with equal highest bids are ranked according to the order in which they are received.
(7) Telephone bidding is possible if the bidder sends the auction house a written registration for telephone bidding in advance. If, for whatever reason, no telephone connection is established, the auction house can automatically bid the bidder the starting price of the object. In this case, the auction house is not obliged to execute the bid.
(8) Online bids are considered written purchase orders.
21. Place of performance and jurisdiction
(1) The place of performance for the legal relationships between the auction house and the consignors and the bidders is the registered office of the auction house.
(2) All legal disputes that arise are subject exclusively to Austrian substantive law. The UN Agreement on Contracts for the International Sale of Goods (CISG) does not apply. The Remote Acquisition Act without giving reasons is excluded.
(3) The exclusive place of jurisdiction for all disputes arising directly or indirectly from an auction transaction is the Austrian court with local and material competence for Vienna.
22. Data protection, data transfer and data changes
(1) The auction house does not pass on the data of the consignor to the buyer and vice versa, except in consultation with the persons concerned.
(2) If the auction house provides external service providers (e.g. accounting, tax advice, shipping companies, insurance companies, etc.) with data to perform tasks, they are in turn obliged to use the data securely according to the GDPR. The data passed on may only be used within the scope of the order placed.
(3) The auction house does not disclose personal data without the consent of the person concerned, if not
a) there is an official obligation to provide information or
b) criminal investigations are carried out by domestic or foreign judicial or police authorities or
c) Claims on the auction item are asserted by a third party.
(4) If a third party asserts claims to the auction item for whatever title, the auction house is entitled to charge this third party
a) the data of a judicial deposit made or intended in accordance with these terms and conditions in connection with § 1425 ABGB and / or
b) to disclose the personal details (name, address, telephone number, etc.) of the consignor of the object in question.
(5) Changes to the contact details of all contractual partners must be announced immediately. Anyone who provides incorrect personal contact details or does not notify the auction house of subsequent changes has to bear all consequences and the resulting damage or to compensate the auction house. Deliveries and notifications to the contact options last announced to the auction house are also deemed to have been effective if the consignor or the buyer is not or no longer at this address or if these contact options have changed and it is contrary to the agreement has failed to provide new contact details.
(6) The auction house's detailed data protection information can be found at http://kunsthandelwidder.com/de/Datenschutz.