Conditions of Sale on our Live Auction Sales and Internet Auction Sales and Internet Exhibitions of Sales
Paul Deutsch Auction is a registered and licensed auctioneer enterprise (ATU 10568009)
of the State of Vienna (Austria/Europe). All items and properties we offer are on the basis
of a commissioner which means that we act as agents for third parties (buyer and seller) to
buy and sell fine art and antiques only. The business itself is a relationship between seller
and buyer which Paul Deutsch Auction initiated and for which Paul Deutsch Auction
charges a fee. It is a mutual agreement between buyer and seller.
Paul Deutsch Auctions will be monogrammed PDA in the forthcoming paragraphs.
All goods PDA offers on our internet site are consigned for sale at the PDA website
exclusively.
There is no permission to reproduce or copy any objects or text from our site. Beware any
illega action in this case or in case of misuse. Photo rights for promotion and commercial
use stay with PDA for sold and unsold items.
Descriptions and condition reports as well as any further written material of items
consigned in our sales are made by PDA, verified and experienced art experts only and all
descriptions are made with the highest achievable actual knowledge and are not
guaranteed for the buyer. PDA takes responsibility for this descriptions and guarantees
that they are made with the highest level of knowledge from our experience and
conscience at time of catalogue creation. What we know about the items will be stated in
the catalogue . PDA and the Buyer mutual excludes for any responsibility about knowledge
that is obtained after the sale of value, originality or temporal assignment of objects and is
therefore not considered a reason for complaint However, notice that we are not
professional restorers or art historians, nor have access to any scientific research tools or
proof. Therefore we strongly suggest to visit the preview of the items with an expert of your
trust to get a personal opinion. Misnomers or faults in our descriptions may happen - the
condition,characertistics of objects have to be proofed personally. PDA is not responsible
for described expertises by other experts than the PDA home experts. The buyer is
accepting even he is not familiar to buy in a sale at auction that participation is in need of
professional knowledge about Art and Antiques for a successfull purchase , he exlcudes
therefore any reclaim of consumer rights and realise that he acts on his solely and own
risk. In the case of a different opinion, if a reclamation is legitimated, PDA will order a third
independent expert who is also accepted by the buyer for a final expertise. Frames,
passepartouts, concealed damages and other covers of objects and their conditions will
not be described and guaranteed in descriptions. The catalogue and the conditions of sale
are written in English language on our internet site. Any other written or spoken
translations are not guaranteed.
Place of juristiction Vienna.
The estimates shown on our website are made by our experts. This estimates mean
which price the item can possibly reach (expectation) and it must be understood as a
helpful guide for bidding made by the experiences of the actual market situation. Usually
the estimates are made as low as possible and the worth of an item can be even much
higher. Placing a bid or offer means that you are willing and obliging yourself to buy and
pay the selected object to the price you filled out in the bid form or by placing a bid in the
saleroom (exclusive commissions and taxes), and that you accept our Conditions of Sale
by sending us the confirmed Bid Registration Form or by placing your online bid.
There may be a reserve or limit price in our sales. Biddings start regularly between 50-
75% of the lower estimate. But we do not accept bids/offers under 50% of the lowest
estimate. Bidding has to be placed in steps of not less than 10% from the preceding bid
(for example: 100... 110... 120...130... 140... 160... 180.. 200.. 220... etc.). However it is
possible to place higher bids as 10%. PDA has the possibility to ignore a bid which is
under this 10% mark.
If the sale is hold as a Live session there will be a catalogue and descriptions of the
objects exclusively on our website on display, and partly in a printed brochure or on some
partner webpages. At a Live sale in our business premises, all objects will be on display at
least 3 days before the sale in our showrooms. Even if a live sale is published as "without
room audience" there is still the possibility to apply for a personal partecipation at the sale
for individuals, which is subject of availability, registration and confirmation from the
Auction House. All objects should be proofed personally by the buyer prior to the sale; the
completeness and correctness of the descriptions and photos cannot be guaranteed.
Therefore the buyer accepts that if he does not view or proof the objects by the general
viewing or by appointment before the sale about any circumstances, he does this in full
self-responsibility and full awareness of the risk that he alone bears als a result, thereby
ruling out any future claims in this regard. The bidder/buyer commits himself in any
circumstances to fulfil the payment of the item he won in the sale by knock of hammer.The
descriptions or headings are never to be regarded as expertise it only represents the
opinion of the Auction house, which should be seen as a personal opinion only.
Reclamations after knock of hammer will not be accepted. The buyer accepts for any case
of reclaim a deadline of 30 days after the sale.
The catalogue with descriptions and photos are online only and have no guarantee of
totality, accuracy and truth. The participation at the sale personal, by telephone or even in
form of a written bid is only possible with registration prior to the sale on our website by
filling out a bid form with your data and an existing credit card number (where a certain
amount will be reserved until the object is paid in full or the reservation is cancelled if the
bid wasn't successful) with the name of the bidder - after sending it by email or by fax.
After accepted registration, you can participate at the Live sale personally or by phone or
in form of a written bid, which will be respected by the auctioneer at the sale. Written bids
which where made online will not be displayed on our website prior to the sale. Telephone
lines will be provided at the day of sale without guarantee of connection and functioning
and is a matter of availability. If the buyer participates in the sale through a related online
auction platform and releases his offers (bids) with this platform, he accepts the Conditions
of Sale of PDA beyond the conditions of the related platform, and is responsible for the
technical requirements needed. The buyer is also responsible for any bids coming from his
account in the platform. He is aware that there is a slight shift in time of the transmission.
The Auction House provides additional photos of the objects after request before the sale
for further informations but insists that this cannot substitute a personal inspection or
photos from a professional photographer. Written condition reports can be provided after
request before the sale which represent informations only without any guarantee – see for
this the paragraph „Descriptions and Condition Reports“.
The sale will be held at a certain time which is announced and published in advanced-
entry to the sale room and participation at the sale is only possible with an online
registration at least one hour before the sale. All offers from participating parties will be
respected. The auctioneer are in title to spare or combine lots as well to cancel the knock
of hammer in case of any differences and to sell the object again. The person who offers
the highest bid as the object is called will be the winning bidder. If a bid recieved at knock-of-hammer
or even after, the auctioneer is entitled to cancell the knock of hammer and
reopen the sale of the lot to realise the highest offer. The bidding procedure will be ending
by the knock dawn of hammer or a ring of the auctioneers bell after no more bids are
offered. The winning bidder is now titled to pay and collect the object in between two
weeks. After the sale, the Invoice will be prepared and should be cleared as soon as
possible. The legal right to acquire the property is transferred upon delivery of the invoice
to the buyer, which can take several days. The ownership of the item passes to the buyer
upon notification by the auction house that the payment has been received. The receipt of
a notification of succesfull bid from third parties or auction platforms alone does not entitle
the recipient to purchase the item. Any lot and also the title and description of the lot will
not pass until payment is received in full. For objects which are not collected in between
two weeks after the sale (either if they are paid or not) the risk of any type of damage is at
the buyers side. Also storage, handling or additional transport charges will be with the
buyer after this period. For technical reasons Invoices can not be prepared during the sale
as well there is no Payment and collection possible during the Live sale. Payment can be
made in cheque / bank transfer/ credit card - and have to be cleared proofed and
transferred on our accounts before collection and release of goods are possible, as well for
additional costs of cheques or credit card payments see dawn under. The Buyers Premium
at Live Sales are 24% plus tax on the hammer price. For telephone service for bid
partecipation at the live sale there is a 2% surcharge. If the winning bid is supplied by an
exteranl auction platform, there is an additional service charge effective. Payments by
credit card have to face additional charges MC 3,35% / Visa 3,55%. Bank transfers have
to be made without charges for PDA. Bank transfers have to be made without charges for
PDA. All sales and sales without reserve prices have additional manipulation fees of 8.-€
plus taxes for each lot which sell under 80.- Euro, and are subject to service fees for photo
request, condition reports and any additional services.
If you bid for one or more items in our sale, every buyer is personally liable for his bid.
Payments have to be made immediately after receiving the invoice at least in between two
weeks after the sale (knock down of hammer). PDA have even the right in the event of not
paying in between two weeks to cancel the sale and to complaint by justice or any other
kind of legal action at the home address of the hesitate buyer. This possible complaint
includes any further expenses in that case for PDA and any loss of earnings. PDA have
the right to offer the objects in a sale again and the default customer has to compensate
any loss of business. If all payment deadlines have been exceed or ignored, the bidder,
buyer or defaulting payer accepts to pay a compensation amount for the loss of business
of 100% of the total issued invoice and accepts as well the complete loss of entitlement of
the won objects.
Any lot and also the title and description of the lot will not pass until payment is received in
full. Any kind of risk is at the buyer’s side after the knock of hammer.
Objects which are not collected in between two weeks after the sale either if they are paid
or not the risk of any type of damage is at the buyers side. Also storage, handling or
additional transport charges will be with the buyer after this period. Transport responsibility
of the purchased objects are not linked to the purchase itself and are the responsibility of
the buyer only. The buyer is accepting that the Auction House refuses sending of any
photo material, packing, delivery quotes, arrangements or services before the object is not
paid in full.
PDA is not responsible for any licenses or documents in case of export or import or for
packing, insurance and transport. Charges for documents have to be paid by the buyer.
Even if PDA is assisting in some case, the buyer dispenses PDA for any case of
reclamation. The risk of damage or loss is with the buyer after he or his commissioner isreceiving
the goods, even if the transport was organised by PDA. If transport charges are
described as guaranteed in the description the buyer has the guarantee that the transport
costs will not be more as stated. PDA advice you to order transport insurance. All
transports and packing which PDA is arranging itself or with other companies are not
guaranteed and the buyer accepts complete exclusion of liability. If an item is not be
collected by the buyer, storage charges and possible handling fees will occur. If the buyer
fails to collect the item(s) after reminders and if the value of the storage charges exceed
the hammer price, PDA is entitled to sell the item. Nevertheless the buyer is responsible
for any loss of earnings even after reselling.
For any consignments PDA is entitled to sell for the confirmed price on the property
receipt in the name of the seller and charge a selling commission. If an item is released to
PDA for sale and willbe rejected by the consigner before or during the sale, PDA has the
right to charge possible costs tothe consigner. The consigner excludes PDA from any
rights of third parties, hidden damages ordisadvantages. The result of the sale will be paid
to the bearer of the property receipt one month after the sale if the item was paid in full.
The consigner releases PDA from any responsibility of non-payment, reclamations, default
of payments or any other juridical payment consequences. If a reclamation is treated after
the already received funds, the consigner accepts a repayment. The conditions for
consigners for single or multiple objects have to be negotiated and can be up to 20% plus
tax. The consigner gets a consigner agreement with the final commission by entry of the
goods to the auction house.
Important Information:
Kindly note that participation at the sale even personal is only possible with mandatory
prior registration at least one hour before the sale and can be done ONLINE. Bidders
without online registration will not be accepted.
The auction house takes no liability for personal or from third parties items brought in or
deposited, with or without consense.
.
Explanation of Catalogue Terms represents the personal opinion of the auction house only
and is not a guaranteed expertise in any case. View as well paragraph 3
1. Only if the name of an artist is written in full with his life dates and place of birth and
death the object is in our mind by that artist. Whether the object is signed or not.
2. "Attributed to … " means that in our mind it could be a work by the hand of the
described artist, although there is uncertainty to the authorship.
3. "Studio or workshop …" means that the object was created with influence from the artist
or from his absolutely near environment, maybe with parts from the artist himself.
4. "Circle of …" means in our mind a work by a closely influenced artist from the same
period and same style.
5. "School of …" means that in our mind the object was executed at the written time and
location or from an artist in his influence but from a following generation.
6. "Manner of …" means that the object is in style near to the named artist but is possibly
from a later date.
7. "Follower of …" is a work in the style of the described artist but from a later date.
8. "After …" is in our mind a later copy of the work of that artist.
9. "Bears signature …" means that the signature is by another hand (faked).
10. „Taste of …“ means a work in the style of a certain artist or a certain period with
uncertain date.
11. All descriptions, conditions and dates specify only the item itself but not possible
attached or included items like frames, covers, passepartouts, boxes, mantles, textiles,
etc.