General Terms of Business for purchases on
onlinesale.kettererkunst.de / onlinesale.kettererkunst.com
onlinesale.kettererkunst.de / onlinesale.kettererkunst.com
1. General
1.1 Ketterer Kunst GmbH & Co KG („Ketterer Kunst“, or „we“ or „us“) handles purchase requests/orders at Internet auctions staged at the Internet portal onlinesale.kettererkunst.de / onlinesale.kettererkunst.com exclusively on the basis of the following General Terms of Business ('Terms'), at the same time drawing the consumer's attention to the “Duties to Supply Information for Distance Selling Contracts”, the “Notifications of the Applicability of the Rules of the Purchase of Consumer Goods” and the “Duties to Supply Information for Concluding Contracts in E-Commerce Transactions” including the corresponding “Cancellation Policy”. In general, the 'Ketterer Internet Auctions' website offers art works in its own name but for a client's account (commission contract between the seller and its client).
1.2 These General Terms of Business are binding for any sales transactions by Ketterer Kunst. Our goods, services and offers are provided exclusively on the basis of these Terms. The Bidder‘s (also referred to as “customer,” “buyer,” or “purchaser”) terms of business and purchase are expressly refuted; they shall only obligate us if we have expressly declared that it agrees to them. Our Terms shall be deemed accepted at the latest on receipt of the goods out of the first order. These Terms also apply to all future business relations, even if they are not expressly agreed anew.
1.3 These General Terms of Business do not apply to conventional auctions held by Ketterer Kunst. This expressly also applies to post-auction sales. Auctions and related post-auction sales shall each be exclusively governed by the Terms of Delivery & Auction in force at the time.
1.4 According to the Money Laundering Act (GwG), we are obliged to inform the bidder / acquirer or those interested in an acquisition (that is as early as in the initial phase) and, if applicable, a representative and the "beneficial owner" within the meaning of Section 3 GwG for the purpose of executing the order and to record and store the data and information obtained. The aforementioned bidder / purchaser or person interested in acquisition or his representative is obliged to cooperate, in particular to present the necessary identification papers, in particular on the basis of a national passport or passport, identity card or passport or identity card substitute that is recognized or approved with regard to immigration laws. We are entitled to make a copy or other reproduction of this on a media carrier (scan, image file, etc.) in compliance with data protection regulations. In the case of legal entities or partnerships, an extract from the commercial or cooperative register or a comparable official register or directory must be requested. The bidder / purchaser or anyone interested in the acquisition assures that the identification papers and information provided by him for this purpose are correct and that he or the person he represents is the “beneficial owner” within the meaning of Section 3 of the GwG.
2. Purchase Contract
2.1 The display of an item or lot on our online portal—and the associated opportunity for a prospective bidder to purchase a work—does not constitute a binding offer to conclude a purchase contract, but merely an invitation to the bidder to submit an offer to conclude a purchase contract (*invitatio ad offerendum*).
The sales event designated as an “Internet auction” does not constitute an auction within the meaning of Section 34b of the Trade Regulation Act (GewO) or Section 156 of the German Civil Code (BGB). Nor does the “Internet auction” constitute a publicly accessible auction within the meaning of Section 312g (2) No. 10 BGB.
2.2 Bidding period; bid as a binding offer from the bidder; maximum bid
(1) For each lot, we establish a starting price and a time limit within which bids may be submitted (the “offering period”). The start and end times are specified in the presentation or the online catalog; any automatic extensions pursuant to (4) remain unaffected.
(2) The bidder/customer submits a binding offer to conclude a purchase contract by transmitting a bid via the bidding function. The relevant figure is the bid amount excluding the buyer’s premium and (where applicable) the resale right fee. Before submission, the customer may review, correct, and re-examine their entries using the available functions.
(3) A bid is binding on the bidder/customer and lapses if it is surpassed by a higher bid or if the lot is withdrawn in accordance with Section 2.4 or the auction is concluded without acceptance.
(4) Maximum bids are permitted. If other interested parties place bids, the current bid is automatically increased in increments, ensuring that the bidder/customer who placed the maximum bid remains the highest bidder until outbid. If multiple bidders submit an identical maximum bid, we will only take into account the maximum bid submitted earlier. We will notify the interested party who submitted the later, identical maximum bid.
(5) By submitting a bid, the bidder/customer accepts the applicability of the General Terms and Conditions and—provided they are a consumer within the meaning of Section 13 of the German Civil Code (BGB)—acknowledges the instruction on the right of withdrawal contained therein; the consumer's right of withdrawal (see Clause 11) remains unaffected.
2.3 Acceptance by Ketterer Kunst; time of contract conclusion
(1) The purchase contract is only concluded when we accept the customer's offer. An acknowledgment of receipt of an offer sent automatically or via email does not constitute acceptance.
(2) Upon expiration of the offer period, the highest valid bid placed by the registered and approved customer shall be automatically accepted by us, subject to the circumstances set forth in Section (3) below. Upon such valid acceptance, bids submitted by other bidders for the lot in question shall lapse.
(3) Important proviso for clarification (legality/ownership/compliance): Acceptance shall only occur provided that no important reason within the meaning of Section 2.4 exists or subsequently becomes known; in such a case, we do not accept the offer, and no contract is concluded.
2.4 Withdrawal of a lot / Termination without acceptance (important reason)
(1) We are entitled to withdraw a lot from the auction, block it, or terminate the bidding period for the lot at any time prior to our acceptance (specifically, until the expiration of the bidding period, including any extensions) (“Withdrawal”). In such a case, no purchase contract is concluded; all bids/offers submitted for the lot lapse.
(2) An important reason exists in particular if
a) doubts exist—or subsequently arise—regarding the consignor’s ownership or right of disposal (e.g., disputed ownership, security interests, liens, insolvency or estate-related situations);
b) rights of third parties are asserted or there are concrete indications thereof (e.g., official measures, seizures, court orders, claims for injunctive relief or surrender);
c) we are required by statutory provisions or regulatory requirements to refrain from offering or “placing on the market” the item, particularly due to regulations concerning the protection of cultural property (including under the KGSG)—for example, in cases of missing, questionable, or untimely provision of required proof or permits, or in the event of prohibitions or restrictions on placing the item on the market or on its import or export;
d) there are concrete indications of an unlawful origin or forgery, or proof of provenance or origin is missing or proves to be insufficient (e.g., suspicion of theft, handling of stolen goods, looted art, or plundered property);
e) the object is destroyed, damaged, or its condition or scope changes significantly, and proper execution in the announced form is no longer possible;
f) material errors occur regarding the description, illustration, classification, details of authenticity or condition, starting price/reserve price, or other listing parameters, which cannot be transparently corrected in a timely manner;
g) technical malfunctions, system errors, suspected tampering, or other circumstances occur that impair (or could impair) a fair and proper process;
h) the consignor breaches material obligations to cooperate or to make delivery, withdraws the consignment, or circumstances within their sphere of control legally or factually prevent proper execution;
i) the (potential) highest bidder is not registered/approved, or there are valid grounds for refusing acceptance (e.g., a serious breach of the General Terms and Conditions or compliance policies, or an inability to conduct identity or sanctions checks).
(3) The list is not exhaustive; statutory rights remain unaffected.
2.5 We may also offer items at a fixed price with a "Buy It Now" option. This non-binding offer may be accepted by any bidder, provided that either no bid has yet been placed on the item or existing bids have not yet reached a minimum price set by us. In such a case, a contract for the purchase of the item at the offered fixed price is concluded—regardless of the remaining duration of the listing and without the auction proceeding or continuing—as soon as the bidder/buyer effectively exercises this option. In this event, any prior bids that had not yet reached the minimum price set by us by that time shall lapse.
2.6 Making bids using automated data handling processes (e. g. so-called sniper programs) is prohibited.
2.7 In the event that - for whatsoever reason - a contract is not actually reached between us and a buyer and that the minimum price is not achieved, we are entitled to make so-called sub-bidders an offer to acquire the item at a fixed price.
2.8 Regarding the precise procedure for processing the purchase contract, reference is made to the relevant information on the platform onlinesale.kettererkunst.com and the details concerning information obligations for contracts in electronic commerce, which can be viewed at + onlinesale.kettererkunst.com/terms.php.
2.9 Payments are to be made to us by bank transfer in EUR (€). The explanations on the information obligations for contracts in electronic business dealings regulate further details, which can be viewed at + onlinesale.kettererkunst.com/terms.php. If we have agreed to non-cash payment, all costs and fees of the transfer (including bank charges deducted from us) shall be borne by the buyer.
3. Hand-Over / Delivery
3.1 After Payment, the item purchased will be sent to the Buyer by insured post unless Item 3.2 below applies. The costs of handover, acceptance and shipping to a location other than the place of delivery are regulated in Section 4.6 (additional transport costs). Shipping may cause additional charges, in particular cash on delivery costs or customs fees, which are levied directly by the transport company and will be collected from the recipient when the goods are handed over. Such fees are not included in the Ketterer Kunst's shipping costs and may have to be paid additionally by the buyer, provided they are not included in the costs we are legally obligated to bear within the meaning of Section 270a BGB.
3.2 Alternatively there is the option of collection of the purchased item by the Buyer. After appropriate notification and prior arrangement, the Buyer can collect the purchased item from us. The item must be collected immediately, no later than 14 days after the end of the auction and purchase of the item by the Buyer. If the Buyer defaults in this obligation, failing to collect the item and letting a deadline that has been set expire to no avail, or if the Buyer firmly and finally refuses collection, then we can withdraw from the purchase contract and demand compensation, subject to the provison that it is allowed to sell the item again and assert its losses in the same way as in cases of a buyer defaulting in payment (see Item 7 below), without the Buyer being entitled to any extra proceeds from the renewed sale. Moreover, in the event of default the Buyer also owes reasonable compensation for all the recovery costs incurred by its delay. The Buyer opts for collection or dispatch after making its auction purchase; see the Duties to Supply Information for Concluding Contracts in e-Commerce Transactions, which are available at + onlinesale.kettererkunst.com/terms.php.
3.3 The risk of the object of purchase being damaged or lost during consignment shall be borne by the Buyer, insofar as it is planning to use the object of purchase in connection with its commercial business or self-employed operations. Risk shall pass to the Buyer as soon as the consignment is handed over to the carrier or its representative, or has left our business premises for dispatch. For consumers within the meaning of Section 13 of the German Civil Code (see section 8.3 for a definition), the risk of the purchased item only passes when they have gained possession of the purchased item, unless the buyer (consumer) has contacted the freight forwarder, carrier or other person or institution designated for the shipment, and the entrepreneur has not previously named this person or institution to the buyer (§ 475 Para. 2 BGB).
4. Purchase price / due date / duties / other costs / final price
4.1 The purchase price is due with the highest bid when the time expires.
4.2 Payments from the buyer to Ketterer Kunst are generally only to be made by transfer to account specified by us. The fulfillment of the payment does not come into effect until it is finally credited to our account.
All costs and fees of the transfer (including the bank charges deducted from the seller) are borne by the buyer, as far as legally permissible and not prohibited within the meaning of Section 270a BGB. 4.3 Sales are subject to either the margin scheme or standard taxation, depending on the consignor's instructions. The bidder will be regularly informed about the type of taxation on the bidding site before the bid is submitted. In the case of differential taxation according to Section 25a UStG, the respective highest bid including the applicable sales tax is shown. With standard taxation, the respective highest bid is shown as the "net bid". In addition, the total price including sales tax is indicated. 4.4 Buyer‘s Premium and Droit de suite charge 4.4.1 Works of art subject to differential taxation
With differential taxation, a surcharge is levied per individual object as follows:
- Hammer price up to 1,000,000 euros: from this 34% buyer's premium.
- A premium of 29% is charged on the part of the hammer price that exceeds 1,000,000 euros and added to the premium that incurs on the part of the hammer price up to 1,000,000 euros.
- The purchase price includes sales tax, currently at 19%. 4.4.2 Works of art marked with an "N" in the image were imported into the EU for sale. These are offered subject to differential taxation. In addition to the buyer's premium, the import sales tax paid by us, currently 7% of the invoice amount, is charged. 4.4.3 Works of art subject to regular taxation.
With regular taxation, a surcharge is levied per individual object as follows:
- Hammer price up to 1,000,000 euros: from this 29% buyer's premium.
- A buyer's premium of 23% is charged on the part of the hammer price that exceeds 1,000,000 euros and added to the premium that incurs on that part of the hammer price up to 1,000,000 euros.
- The statutory sales tax of currently 7% or 19% is levied on the sum of the hammer price and premium.
Regular taxation can be applied to businesses entitled input tax reduction on art and antiques. 4.5 Export deliveries to EU countries are exempt from sales tax on presentation of the VAT number. Export deliveries to third countries (outside the EU) are exempt from VAT; if the auctioned items are exported by the buyer, the sales tax will be reimbursed as soon as we have the export certificate. 4.6 Additional transport costs vary depending on the place of delivery, weight and size of the object and are to be paid additionally by the buyer. They are specified individually on the object before the bid is submitted and before the bid is accepted. 4.7 For original works of visual art and photographs subject to resale rights by living artists, or by artists who died less than 70 years ago, an additional droit de suite charge in the amount of the currently valid percentage rates (see below) specified in section 26 para. 2 UrhG (German Copyright Act) is levied in order to compensate the auctioneer‘s expenses according to section 26 UrhG.
4 percent for the part of the sale proceeds from 400.00 euros up to 50,000 euros, another 3 percent for the part of the sales proceeds from 50,000.01 to 200,000 euros, another 1 percent for the part of the sales proceeds from 200,000.01 to 350,000 euros, another 0.5 percent for the part of the sale proceeds from 350,000.01 to 500,000 euros and a further 0.25 percent for the part of the sale proceeds over 500,000 euros.
The maximum total of the resale right fee is EUR 12,500. 5. Reservation of Title 5.1 Ketterer Kunst is under no obligation to hand over the item before all the amounts owed by the Buyer have been paid. 5.2 Title to the object of purchase shall not pass to the Buyer until the invoiced amount owing has been paid in full. In the event that the Buyer has already resold the object of purchase before paying the amount invoiced by us or before paying said amount in full, the Buyer assigns all its receivables created on such resale to us up to the invoiced amount still outstanding. We accept this assignment. 5.3 If the Buyer is a public corporation, a special trust under public law or an entrepreneur who concluded the purchase contract in the context of its commercial or self-employed operations, then title shall be reserved in relation to all the Seller's claims vis-a-vis the Buyer that have been created during the on-going business relationship and by other items, until such time as the receivables to which the Seller is entitled in connection with the purchase have been paid. 6. Set-off Right, Right of Retention 6.1 Vis-a-vis us, the Buyer may only offset uncontested claims or claims which have been declared res judicata. 6.2 Right of retention on the part of the Buyer is excluded. The right of retention in the case of Buyers who are not entrepreneurs within the meaning of Sect. 14 of the German Civil Code [BGB] is only excluded insofar as such rights are not based on the same contractual relationship. 7. Default of payment, withdrawal, claims for compensation by the seller 7.1 If the Buyer defaults in making a payment, then we - notwithstanding further claims - may demand default interest at the usual interest rate charged by banks for outstanding current account loans, or at a minimum the statutory rate of default interest pursuant to Sect. 288 and Sect. 247 of the German Civil Code [BGB]. 7.2 If in cases of late payment we demand compensation in lieu of performance, and if the item is sold again, then the original Buyer - whose rights created on previously making a successful bid extinguish - shall be liable for any losses thus sustained, such as e.g. storage costs, shortfalls and lost profits. It shall not be entitled to any extra proceeds attained on renewed sale, not will it be allowed to make another bid. 7.3 Our statutory right to withdraw from the contract due to delay remains unaffected. 7.4 The seller is entitled to withdraw from the contract if it turns out, after the conclusion of the contract, that he is or was not entitled to execute the contract due to a legal provision or official instruction, or that there is an important reason that makes the execution of the contract, also in consideration of the buyer’s legitimate interests, unreasonable for the seller. Such an important reason exists in particular if there are indications of the existence of elements of an offense according to §§ 1 Paragraph 1 or 2 of the Money Laundering Act (GwG) or in case of missing, incorrect or incomplete disclosure of the identity and economic background within the meaning of the Money Laundering Act (GwG), as well as in case of insufficient participation in the fulfillment of the obligations following from the Money Laundering Act (GwG), regardless of whether by the buyer or the consignor. The seller will endeavor to clarify the matter without undue delay as soon as he becomes aware of the circumstances justifying the withdrawal. 8. Warranty 8.1 The subject matter of the contract is a used item. The catalog descriptions and illustrations made to the best of our knowledge and belief, as well as representations in other media of us (internet, other applications, etc.) do not constitute a guarantee and are not contractually agreed properties within the meaning of § 434 BGB (German Civil Code), but only serve to inform the buyer, unless because a guarantee is given expressly and in writing by us for the corresponding quality or property, or something different results from the following section 8.3, especially for negative quality features. This also applies to expertises. The fact of an appraisal by us or a company/ appraiser commissioned by us as such does not represent any quality or property of the object of purchase. 8.2 In dealings with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the warranty for any defects in the sold goods is excluded. However, with respect to the buyer, we undertake—in the event of material defects that negate or significantly impair the value or suitability of the object and which the buyer asserts against us within 12 months of the end of the offer and the purchase—to assign to the buyer the claims arising therefrom against the consignor or, should the buyer not accept the offer of assignment, to assert such claims against the consignor ourselves. In the event that we successfully assert claims against the consignor, we shall remit the amount obtained thereby to the buyer—up to a maximum of the purchase price—concurrently against the return of the object. The buyer is not obliged to return the object to us if we ourselves are not obliged to return the object in the course of asserting claims against the consignor or another entitled party. These rights (assignment or assertion of claims against the consignor and remittance of proceeds) are available to the buyer only insofar as they have paid our invoice in full. For the assertion of a material defect against us to be effective, the buyer must submit an expert opinion from a recognized expert (or from the compiler of the catalogue raisonné, the artist themselves, or the artist’s foundation) proving the defect. 8.3 Consumers according to § 13 BGB are entitled to the statutory warranty rights according to § 437 BGB, subject to the following regulations, otherwise unrestricted.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor self-employed activities.
If the buyer is a consumer according to § 13 BGB, he is expressly informed of the following and declares before submitting his binding purchase offer by means of a separate declaration, which he either makes in form of pressing a button or ticking a box, with which he declares his additional agreement the following:
He has been informed of the respective work, in particular its object description, and has taken note of it. Should this information result in so-called negative quality characteristics, which in particular deviate or could deviate from objective requirements for the object, such as: [retouchings, restorations, special characteristics regarding the quality of the sheet or image carrier, etc.], he expressly agrees to these.
At the same time, the buyer is aware that the seller limits the warranty for used items to one year after the start of the statutory limitation period and expressly agrees to this.
In all other respects the statutory regulations shall apply. 9. Liability All claims for damages by the Buyer against us, our legal representatives, employees, or agents (whether performing obligations or acting on our behalf) are excluded, regardless of the legal grounds and including cases of withdrawal under Section 7.3. This exclusion does not apply to damages resulting from willful misconduct or gross negligence on our part or on the part of our legal representatives or agents. Nor does the exclusion of liability apply in cases where a guarantee has been assumed or to claims by the Buyer under the Product Liability Act. or our negligent breach of material contractual obligations—though in the latter case, liability is limited to damages that are foreseeable and typical for the contract at the time of its conclusion. Obligations essential to the contract (cardinal obligations) within the meaning of these terms and conditions are, in particular: a) ordnungsgemäße Erfassung, Wertung und Zuschlagserteilung von Geboten; b) accurate key data regarding the identity of the lot (lot number, designation, relevant identification characteristics), no misleading key information; c) safe custody as well as surrender to the entitled party against payment; d) procurement of rights/transfer of ownership free from undisclosed third-party rights, to the extent contractually owed; e) reliable processing of payments; f) Transparent auction parameters (bidding increments, end time, auto-bidding mechanism) without manipulative changes during ongoing auctions; g) Integrity and traceability of transaction data. 10. Disruptions, System Failure As technology generally stands, it is as a matter of principle not possible to develop or keep hard- and software entirely free of defects. Similarly, it is not possible to completely exclude faults and problems in internet communications. Consequently, we cannot assume any liability or guaranty for the permanent and fault-free availability and usage of its Website, insofar as the fault is beyond its control. Due to this circumstance, we therefore also assume no liability in the event that by reason of any such fault there may be no bids submitted, or only incomplete or late bids which would have led to a contract being reached if the fault had not occurred. Accordingly, we similarly refuse to assume any costs incurred on the bidder due to such fault. If no bids can be made for items due to a system failure, then the remaining time between the occurrence of the fault and the scheduled auction closure shall be recorded and added on after the fault has been eliminated, meaning that the auction closure originally fixed is deferred by the duration of the fault. After the fault has been eliminated, the auction shall be continued with exactly the same bids and stage of procedure as applied at the time when the fault occurred. 11. Right of cancellation for consumers with cancellation policy The consumer according to § 13 BGB (German Civil Code) has the right to withdraw from this contract within fourteen days without specifying a reason. The cancellation period is fourteen days from the day on which he or a third party named by him who is not the carrier, took possession of the goods.
In order to effectively exercise the right of withdrawal, the consumer must contact the provider - Company Ketterer Kunst GmbH & Co KG, Joseph-Wild-Str. 18, 81829 Munich, Fax: +49 89 55 244 166 or send an e-mail to widerruf@kettererkunst.de - by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of his decision to revoke this contract. This can be done using the attachment or the attached model cancellation form on + onlinesale.kettererkunst.com/terms_page4.php, which is not mandatory. To meet the cancellation deadline, it is sufficient for the buyer to send the notification regarding the exercise of the right of cancellation before the cancellation period has expired.
You may also exercise your right of withdrawal online the ‚withdraw from contract here‘ button. If you use this online function, we will immediately send you an acknowledgement of receipt on a durable medium (e.g., via email) containing information on the content of the notice of withdrawal as well as the date and time of its receipt. You may also electronically complete and submit the model withdrawal form or another unequivocal statement on our website (accessible via the button: '‚ withdraw from contract here'). If you make use of this option, we will immediately send you a confirmation of receipt of such withdrawal (e.g., via email).
Consequences of revocation
If the Buyer withdraws from this contract, the Provider shall owe him all payments received from the Buyer, including delivery costs within the EU (except for the additional costs resulting from the Buyer choosing a different type of delivery than the cheapest standard delivery offered by the Provider) immediately and at the latest within fourteen days from the day on which the provider received the notification of the cancellation of this contract. For this repayment, the Provider uses the same means of payment that the buyer used in the original transaction, unless expressly agreed otherwise; under no circumstances will the buyer be charged any fees for this repayment. Goods that cannot be shipped by parcel will be picked up by the Provider. In the case of goods that can be sent by parcel, the Provider may refuse repayment until he has received the goods back or until the buyer has provided proof that he has sent the goods back, whichever is earlier.
Goods that can be sent as a parcel must be returned or handed over by the buyer immediately and in any case no later than fourteen days from the day on which he informed the Provider of the cancellation of this contract, to
Ketterer Kunst GmbH & Co KG
Joseph-Wild-Str. 18
81829 Munich
The deadline is met if the Buyer sends the goods before the period of fourteen days has expired. The Buyer bears the direct costs of returning the goods. He only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. 12. Final Provisions 12.1 Oral ancillary agreements must be done in writing in order to become effective. The same applies to any waiver of the requirement for written form. 12.2 In business with registered merchants, public corporations and special trusts under public law, it is further agreed that Munich shall be place of performance and place of jurisdiction (including proceedings involving cheques and bills of exchange). Moreover, Munich shall always be venue if the Buyer does not have a general place of jurisdiction in Germany. 12.3 The legal relations between Ketterer Kunst and the Buyer shall be governed by German law, excluding CISG. 12.4 Should one or more terms of these General Terms of Business be or become ineffective, the effectiveness of the remaining terms shall remain unaffected. Sect. 306 par. 2 of the German Civil Code (BGB) shall apply. 12.5 These General Terms of Business are available in German and in English. The German version shall be decisive at all times, whereby German law shall apply exclusively with regard to the meaning and interpretation of the terms used herein. Date of issue: 18/06/2026
All costs and fees of the transfer (including the bank charges deducted from the seller) are borne by the buyer, as far as legally permissible and not prohibited within the meaning of Section 270a BGB. 4.3 Sales are subject to either the margin scheme or standard taxation, depending on the consignor's instructions. The bidder will be regularly informed about the type of taxation on the bidding site before the bid is submitted. In the case of differential taxation according to Section 25a UStG, the respective highest bid including the applicable sales tax is shown. With standard taxation, the respective highest bid is shown as the "net bid". In addition, the total price including sales tax is indicated. 4.4 Buyer‘s Premium and Droit de suite charge 4.4.1 Works of art subject to differential taxation
With differential taxation, a surcharge is levied per individual object as follows:
- Hammer price up to 1,000,000 euros: from this 34% buyer's premium.
- A premium of 29% is charged on the part of the hammer price that exceeds 1,000,000 euros and added to the premium that incurs on the part of the hammer price up to 1,000,000 euros.
- The purchase price includes sales tax, currently at 19%. 4.4.2 Works of art marked with an "N" in the image were imported into the EU for sale. These are offered subject to differential taxation. In addition to the buyer's premium, the import sales tax paid by us, currently 7% of the invoice amount, is charged. 4.4.3 Works of art subject to regular taxation.
With regular taxation, a surcharge is levied per individual object as follows:
- Hammer price up to 1,000,000 euros: from this 29% buyer's premium.
- A buyer's premium of 23% is charged on the part of the hammer price that exceeds 1,000,000 euros and added to the premium that incurs on that part of the hammer price up to 1,000,000 euros.
- The statutory sales tax of currently 7% or 19% is levied on the sum of the hammer price and premium.
Regular taxation can be applied to businesses entitled input tax reduction on art and antiques. 4.5 Export deliveries to EU countries are exempt from sales tax on presentation of the VAT number. Export deliveries to third countries (outside the EU) are exempt from VAT; if the auctioned items are exported by the buyer, the sales tax will be reimbursed as soon as we have the export certificate. 4.6 Additional transport costs vary depending on the place of delivery, weight and size of the object and are to be paid additionally by the buyer. They are specified individually on the object before the bid is submitted and before the bid is accepted. 4.7 For original works of visual art and photographs subject to resale rights by living artists, or by artists who died less than 70 years ago, an additional droit de suite charge in the amount of the currently valid percentage rates (see below) specified in section 26 para. 2 UrhG (German Copyright Act) is levied in order to compensate the auctioneer‘s expenses according to section 26 UrhG.
4 percent for the part of the sale proceeds from 400.00 euros up to 50,000 euros, another 3 percent for the part of the sales proceeds from 50,000.01 to 200,000 euros, another 1 percent for the part of the sales proceeds from 200,000.01 to 350,000 euros, another 0.5 percent for the part of the sale proceeds from 350,000.01 to 500,000 euros and a further 0.25 percent for the part of the sale proceeds over 500,000 euros.
The maximum total of the resale right fee is EUR 12,500. 5. Reservation of Title 5.1 Ketterer Kunst is under no obligation to hand over the item before all the amounts owed by the Buyer have been paid. 5.2 Title to the object of purchase shall not pass to the Buyer until the invoiced amount owing has been paid in full. In the event that the Buyer has already resold the object of purchase before paying the amount invoiced by us or before paying said amount in full, the Buyer assigns all its receivables created on such resale to us up to the invoiced amount still outstanding. We accept this assignment. 5.3 If the Buyer is a public corporation, a special trust under public law or an entrepreneur who concluded the purchase contract in the context of its commercial or self-employed operations, then title shall be reserved in relation to all the Seller's claims vis-a-vis the Buyer that have been created during the on-going business relationship and by other items, until such time as the receivables to which the Seller is entitled in connection with the purchase have been paid. 6. Set-off Right, Right of Retention 6.1 Vis-a-vis us, the Buyer may only offset uncontested claims or claims which have been declared res judicata. 6.2 Right of retention on the part of the Buyer is excluded. The right of retention in the case of Buyers who are not entrepreneurs within the meaning of Sect. 14 of the German Civil Code [BGB] is only excluded insofar as such rights are not based on the same contractual relationship. 7. Default of payment, withdrawal, claims for compensation by the seller 7.1 If the Buyer defaults in making a payment, then we - notwithstanding further claims - may demand default interest at the usual interest rate charged by banks for outstanding current account loans, or at a minimum the statutory rate of default interest pursuant to Sect. 288 and Sect. 247 of the German Civil Code [BGB]. 7.2 If in cases of late payment we demand compensation in lieu of performance, and if the item is sold again, then the original Buyer - whose rights created on previously making a successful bid extinguish - shall be liable for any losses thus sustained, such as e.g. storage costs, shortfalls and lost profits. It shall not be entitled to any extra proceeds attained on renewed sale, not will it be allowed to make another bid. 7.3 Our statutory right to withdraw from the contract due to delay remains unaffected. 7.4 The seller is entitled to withdraw from the contract if it turns out, after the conclusion of the contract, that he is or was not entitled to execute the contract due to a legal provision or official instruction, or that there is an important reason that makes the execution of the contract, also in consideration of the buyer’s legitimate interests, unreasonable for the seller. Such an important reason exists in particular if there are indications of the existence of elements of an offense according to §§ 1 Paragraph 1 or 2 of the Money Laundering Act (GwG) or in case of missing, incorrect or incomplete disclosure of the identity and economic background within the meaning of the Money Laundering Act (GwG), as well as in case of insufficient participation in the fulfillment of the obligations following from the Money Laundering Act (GwG), regardless of whether by the buyer or the consignor. The seller will endeavor to clarify the matter without undue delay as soon as he becomes aware of the circumstances justifying the withdrawal. 8. Warranty 8.1 The subject matter of the contract is a used item. The catalog descriptions and illustrations made to the best of our knowledge and belief, as well as representations in other media of us (internet, other applications, etc.) do not constitute a guarantee and are not contractually agreed properties within the meaning of § 434 BGB (German Civil Code), but only serve to inform the buyer, unless because a guarantee is given expressly and in writing by us for the corresponding quality or property, or something different results from the following section 8.3, especially for negative quality features. This also applies to expertises. The fact of an appraisal by us or a company/ appraiser commissioned by us as such does not represent any quality or property of the object of purchase. 8.2 In dealings with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the warranty for any defects in the sold goods is excluded. However, with respect to the buyer, we undertake—in the event of material defects that negate or significantly impair the value or suitability of the object and which the buyer asserts against us within 12 months of the end of the offer and the purchase—to assign to the buyer the claims arising therefrom against the consignor or, should the buyer not accept the offer of assignment, to assert such claims against the consignor ourselves. In the event that we successfully assert claims against the consignor, we shall remit the amount obtained thereby to the buyer—up to a maximum of the purchase price—concurrently against the return of the object. The buyer is not obliged to return the object to us if we ourselves are not obliged to return the object in the course of asserting claims against the consignor or another entitled party. These rights (assignment or assertion of claims against the consignor and remittance of proceeds) are available to the buyer only insofar as they have paid our invoice in full. For the assertion of a material defect against us to be effective, the buyer must submit an expert opinion from a recognized expert (or from the compiler of the catalogue raisonné, the artist themselves, or the artist’s foundation) proving the defect. 8.3 Consumers according to § 13 BGB are entitled to the statutory warranty rights according to § 437 BGB, subject to the following regulations, otherwise unrestricted.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor self-employed activities.
If the buyer is a consumer according to § 13 BGB, he is expressly informed of the following and declares before submitting his binding purchase offer by means of a separate declaration, which he either makes in form of pressing a button or ticking a box, with which he declares his additional agreement the following:
He has been informed of the respective work, in particular its object description, and has taken note of it. Should this information result in so-called negative quality characteristics, which in particular deviate or could deviate from objective requirements for the object, such as: [retouchings, restorations, special characteristics regarding the quality of the sheet or image carrier, etc.], he expressly agrees to these.
At the same time, the buyer is aware that the seller limits the warranty for used items to one year after the start of the statutory limitation period and expressly agrees to this.
In all other respects the statutory regulations shall apply. 9. Liability All claims for damages by the Buyer against us, our legal representatives, employees, or agents (whether performing obligations or acting on our behalf) are excluded, regardless of the legal grounds and including cases of withdrawal under Section 7.3. This exclusion does not apply to damages resulting from willful misconduct or gross negligence on our part or on the part of our legal representatives or agents. Nor does the exclusion of liability apply in cases where a guarantee has been assumed or to claims by the Buyer under the Product Liability Act. or our negligent breach of material contractual obligations—though in the latter case, liability is limited to damages that are foreseeable and typical for the contract at the time of its conclusion. Obligations essential to the contract (cardinal obligations) within the meaning of these terms and conditions are, in particular: a) ordnungsgemäße Erfassung, Wertung und Zuschlagserteilung von Geboten; b) accurate key data regarding the identity of the lot (lot number, designation, relevant identification characteristics), no misleading key information; c) safe custody as well as surrender to the entitled party against payment; d) procurement of rights/transfer of ownership free from undisclosed third-party rights, to the extent contractually owed; e) reliable processing of payments; f) Transparent auction parameters (bidding increments, end time, auto-bidding mechanism) without manipulative changes during ongoing auctions; g) Integrity and traceability of transaction data. 10. Disruptions, System Failure As technology generally stands, it is as a matter of principle not possible to develop or keep hard- and software entirely free of defects. Similarly, it is not possible to completely exclude faults and problems in internet communications. Consequently, we cannot assume any liability or guaranty for the permanent and fault-free availability and usage of its Website, insofar as the fault is beyond its control. Due to this circumstance, we therefore also assume no liability in the event that by reason of any such fault there may be no bids submitted, or only incomplete or late bids which would have led to a contract being reached if the fault had not occurred. Accordingly, we similarly refuse to assume any costs incurred on the bidder due to such fault. If no bids can be made for items due to a system failure, then the remaining time between the occurrence of the fault and the scheduled auction closure shall be recorded and added on after the fault has been eliminated, meaning that the auction closure originally fixed is deferred by the duration of the fault. After the fault has been eliminated, the auction shall be continued with exactly the same bids and stage of procedure as applied at the time when the fault occurred. 11. Right of cancellation for consumers with cancellation policy The consumer according to § 13 BGB (German Civil Code) has the right to withdraw from this contract within fourteen days without specifying a reason. The cancellation period is fourteen days from the day on which he or a third party named by him who is not the carrier, took possession of the goods.
In order to effectively exercise the right of withdrawal, the consumer must contact the provider - Company Ketterer Kunst GmbH & Co KG, Joseph-Wild-Str. 18, 81829 Munich, Fax: +49 89 55 244 166 or send an e-mail to widerruf@kettererkunst.de - by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of his decision to revoke this contract. This can be done using the attachment or the attached model cancellation form on + onlinesale.kettererkunst.com/terms_page4.php, which is not mandatory. To meet the cancellation deadline, it is sufficient for the buyer to send the notification regarding the exercise of the right of cancellation before the cancellation period has expired.
You may also exercise your right of withdrawal online the ‚withdraw from contract here‘ button. If you use this online function, we will immediately send you an acknowledgement of receipt on a durable medium (e.g., via email) containing information on the content of the notice of withdrawal as well as the date and time of its receipt. You may also electronically complete and submit the model withdrawal form or another unequivocal statement on our website (accessible via the button: '‚ withdraw from contract here'). If you make use of this option, we will immediately send you a confirmation of receipt of such withdrawal (e.g., via email).
Consequences of revocation
If the Buyer withdraws from this contract, the Provider shall owe him all payments received from the Buyer, including delivery costs within the EU (except for the additional costs resulting from the Buyer choosing a different type of delivery than the cheapest standard delivery offered by the Provider) immediately and at the latest within fourteen days from the day on which the provider received the notification of the cancellation of this contract. For this repayment, the Provider uses the same means of payment that the buyer used in the original transaction, unless expressly agreed otherwise; under no circumstances will the buyer be charged any fees for this repayment. Goods that cannot be shipped by parcel will be picked up by the Provider. In the case of goods that can be sent by parcel, the Provider may refuse repayment until he has received the goods back or until the buyer has provided proof that he has sent the goods back, whichever is earlier.
Goods that can be sent as a parcel must be returned or handed over by the buyer immediately and in any case no later than fourteen days from the day on which he informed the Provider of the cancellation of this contract, to
Ketterer Kunst GmbH & Co KG
Joseph-Wild-Str. 18
81829 Munich
The deadline is met if the Buyer sends the goods before the period of fourteen days has expired. The Buyer bears the direct costs of returning the goods. He only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. 12. Final Provisions 12.1 Oral ancillary agreements must be done in writing in order to become effective. The same applies to any waiver of the requirement for written form. 12.2 In business with registered merchants, public corporations and special trusts under public law, it is further agreed that Munich shall be place of performance and place of jurisdiction (including proceedings involving cheques and bills of exchange). Moreover, Munich shall always be venue if the Buyer does not have a general place of jurisdiction in Germany. 12.3 The legal relations between Ketterer Kunst and the Buyer shall be governed by German law, excluding CISG. 12.4 Should one or more terms of these General Terms of Business be or become ineffective, the effectiveness of the remaining terms shall remain unaffected. Sect. 306 par. 2 of the German Civil Code (BGB) shall apply. 12.5 These General Terms of Business are available in German and in English. The German version shall be decisive at all times, whereby German law shall apply exclusively with regard to the meaning and interpretation of the terms used herein. Date of issue: 18/06/2026