The home of art & antiques auctions
Theodor Hosemann – For entertainment for good children. 24 pictures from Th. Hosemann with verses and
Christian Hesse Auctions
Fine Art, Rare Books, Autographs
For Christian Hesse Auktionen delivery information please telephone +49 (0)40 694 542 47.
27.00 % buyer’s premium on the hammer priceVAT margin scheme, VAT included, but not indicated
3 % internet surcharge plus VAT
Different tax regulations may apply, if the object is exported to a none-E.U. member country.
Terms & Conditions
1. the auction shall take place voluntarily on the basis of the orders of the consignors. It is carried out in one’s own name for third party account and is an auction in the sense of §§ 383 III, 474 I 2 BGB.
2 The prices stated in the catalogue are estimates, not limits. The starting price is usually one third below the estimated price. The highest bid is knocked down after three calls. In case of differences of opinion about the validity of a knockdown, the auctioneer reserves the right to offer the object again. In addition, the auctioneer reserves the right to auction numbers out of sequence, to combine, separate, omit them or to award the knockdown with reservation. If a bid is out of proportion to the value of the item, the auctioneer may reject it. Bids from bidders who are not known to the auctioneer may be rejected without giving reasons if sufficient security has not been provided prior to the auction.
By placing a written order or submitting his bid, the bidder expressly acknowledges these Auction Terms and Conditions.
4. all items put up for auction may be inspected and examined before the auction at the times indicated. All items put up for auction are used without exception and will be sold in the condition in which they were at the time of the knockdown. Claims of the buyer against the auctioneer due to material defects and defects of title are excluded. The catalogue descriptions, which have been compiled to the best of our knowledge and belief, contain neither guarantees nor details of quality in the legal sense. The exclusion of claims due to material defects and defects of title does not apply if the object is false and the auctioneer could have recognised the missing authenticity on the basis of circumstances known to him and recognisable to him or on the basis of his expert knowledge. Claims due to defects not excluded shall become statute-barred within one year of delivery of the auctioned object. If bidders bid on behalf of third parties, complaints can only be accepted by the bidder.
5. bidders submitting bids on behalf of third parties must notify the auctioneer in writing of the names and addresses of their clients prior to the auction. If payment is delayed, they are personally liable for all damages incurred by the auctioneer, even if the invoice is issued to their respective principal.
6. written bids will be executed by the auctioneer at the lowest possible price. They must be in the hands of the auctioneer at least 24 hours before the start of the auction. No guarantee can be given for the processing of bids arriving later. Incorrectly submitted orders will be charged to the bidder. The prices stated in written orders shall be deemed to be the surcharge limit to which the surcharge and the value added tax payable thereon must be added.
7. a premium of 27% (including 19% VAT) and, if applicable, 2% resale right share shall be added to the hammer price (differential taxation). With this procedure, no identification and no refund of the value added tax is possible. On request and for buyers who are recognisable to us as tradesmen, we issue the invoice regularly taxed, i.e. with the value added tax shown. A surcharge of 19% will then be added to the hammer price. The total amount (which may include shipping and insurance costs as well as a share of the resale right to be paid by the auctioneer for certain objects in the amount of 2% of the hammer price) will then be added to the corresponding value added tax. Since 1 January 2014, works of art (drawings, original prints, sculptures, photographs), collectors’ items (including autographs) and antiques have been subject to the full VAT rate (19%). For books, also unbound and in parts, the reduced value added tax (7%) continues to apply.
Foreign customers from the EU area who inform us of their VAT number before the auction will not be charged VAT; foreign customers from third countries outside the EU will be reimbursed after the proof of export has been provided or will not be charged at all in case of shipment by us. Only by returning a “confirmation of receipt” required by the German tax authorities is the recipient exempt from VAT if we enclose this with the invoice or shipment.
8. with the knockdown a sales contract comes off between the buyer and the auctioneer. The knockdown obliges the buyer to pay. Ownership shall only pass to the buyer upon full payment of the invoice amount in EURO, and the risk of any damage shall pass to the buyer upon acceptance of the bid.
9. the delivery of the auctioned items takes place in the week after the auction on appointment. Storage and dispatch of the auctioned items are at the expense and risk of the buyer. The auctioned goods will only be dispatched after the invoice amount has been paid in full. If complete payment has not been made within three weeks of the auction, the auctioneer is entitled to cancel the purchase price resulting from the knockdown without setting a further deadline, to charge default interest at the usual bank rate and to demand compensation from the auctioneer for non-performance. If payment is delayed, the buyer shall also be liable for all further costs incurred by the auctioneer, in particular for storage, insurance and possible interest and currency losses.
10. German law shall apply. The provisions of the uniform international sales law and the Distance Selling Act shall not apply.
11 Should one of the above provisions be invalid, this shall not affect the validity of the remaining provisions.
12 Place of performance and jurisdiction is Hamburg.