KUNST & DESIGN AUKTIONSHAUS SCHOPS TUROWSKI
Wiedstr. 21 | 47799 Krefeld

personally liable owners:
Jürgen Schops and Thomas Turowski

fon:      +49 (0) 2151 154 6127
fax:      +49 (0) 2151 154 7018
email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Tax ID number.: DE 265629205

Rights to the content:

The Layout of the Homepage, graphics and pictures used are protected by copyright. Please note that it is not allowed, without our prior permission in writing, toreproduce, process, publish or further process texts and images from this website.

Liability for content

The contents of our documentation have been compiled with greatest care and incompliance with our present status of information.

Pursuant to, para. 6, section 1 of the MDStV (Media Services Treaty) and para. 8section 1 TDG German Teleservices Law ), we as service providers are liable for ourown content on these pages in accordance with general laws. However, we asservice providers are not under obligation to monitor external information provided orstored on our website or to investigate circumstances that indicate unlawful activity.

Obligations to remove or block the use of information remain unaffected undergeneral law even in the case of non-responsibility of the service. A liability relating tothis applies only after the first moment of the knowledge of a concrete rights violation.When we have been informed of concrete property infringements we will removethese contents immediately.

Liability for links

Our Website has no influence on the design and contents of third party internet websites. We therefore expressly distance ourselves from the material of all third partyinternet web sites, even if our web site links to these external sites. The linked pageswere checked for possible legal violations at the time of linking.Illegal content was notrecognizable at the time of linking.

However, a permanent content control of the linked pages is not reasonable withoutconcrete evidence of an infringement. When we become aware of violations, we willremove such links immediately.

Copyright

The operators of the pages endeavor to always observe the copyrights of others or touse self-created and license-free works. The content and works on these pagescreated by the site operators are subject to German copyright law. Third partycontributions are marked as such. The reproduction, processing, distribution and anykind of exploitation outside the limits of copyright require the written consent of therespective author or creator. Downloads and copies of this site are for private, non-commercial use only.

Data protection

As far as on our sides personal data (for example name, address or email addresses)are raised, as far as possible, this is always done on a voluntary basis. The use ofthe offers and services is, as far as possible, always possible without providingpersonal data. The use of contact data published in the context of the imprintobligation by third parties for sending unsolicited advertising and informationmaterials is hereby expressly excluded. The operators of the pages expresslyreserve the right to take legal action in the event of the unsolicited sending ofadvertising information, such as spam e-mails.

Google Analytics Note

This website uses Google Analytics, a web analytics service provided by Google Inc.("Google") Google Analytics uses so-called "cookies", text files that are stored onyour and which allows an analysis of the use of the website by you. The informationgenerated by the cookie about your use of this website (including your IP address)will be transmitted to and stored by Google on servers in the United States. Googlewill use this information to evaluate your use of the website, to compile reports onwebsite activity for website operators and to provide other services related to websiteactivity and internet usage. Google may also transfer this information to third parties ifrequired by law or as far as third parties process this data on behalf of Google.Google will never associate your IP address with other Google data. You can preventthe installation of cookies by setting your browser software accordingly; however,please be aware that in this case you may not be able to use all features of thiswebsite to the fullest extent.By using this website, you consent to the processing of data about you by Google inthe manner and for the purposes set out above.

Auction conditions

1. KUNST & DESIGN AUKTIONSHAUS SCHOPS TUROWSKI

KUNST & DESIGN AUKTIONSHAUS Schops TUROWSKI (hereinafter referred to as: ‘auctioneer’) auctions in public, voluntarily in the name and for the account of third parties.

2. Conduct of auction

The auction is to be effected in Euro. Calling prices are such prices listed in the catalogue as limit prices. Calls for offers are increased according to the auctioneer’s discretion, however, in general in steps that are 5 % -10 % above the preceding bid.

The auctioneer is entitled to offer numbers outside the order of the catalogue as well as merge, divide and/or pull them out. The auctioneer is entitled to deny the acceptance of a bid provided that good cause is shown. Such good cause is given in particular, if auctioneer does not know a person who places a bid and such person refrains from supplying security at the latest until start of auction. The auctioneer is entitled to request a current certificate of liquidity of a bank or savings bank or a cash deposit.

3. Preview

All items on offer at the auction can be viewed and examined (preview). Preview takes place in the premises of auctioneer in Krefeld.
Upon request condition reports and further information beyond the catalogue text are provided to people who bid in absence.

4. Items on offer at auctions / catalogue description

Items are used and come to auction in such condition in which they are at the time of the acceptance of the bid. Catalogue descriptions and respective descriptions on the internet sites of the auctioneer are made according to best knowledge and conscience, but are no guarantees according to law. The same applies respectively for oral information, information in writing or information in text form. Further buyer is hereby informed that due to technical reasons pictures of the items, particularly in the catalogue or on the internet sites as well as in the event of sending them by E-Mail may differ from the respective original, particularly regarding colour and resolution.

Art work is in general on offer unframed and without pedestal, unless the description explicitly guarantees otherwise. In order to clarify it is hereby indicated, that such guarantee takes place in text form or in writing. It is, however, irrelevant if the picture of the art work shows a frame or pedestal.

5. Catalogues

Catalogues will be provided upon request for a fee.

6. Bids

Participation in an auction

There are different ways to participate in our auctions.

Potential buyers in an auction are obliged to use an auctioneer’s bidding template, which has to be filled in before (registration) and is attached to the catalogue, can be downloaded from the auctioneer’s internet site or is previously send to the potential buyer upon request.

Bids can be made in writing or in text form (e.g. by mail, fax or E-Mail) before the auction, by telephone or by traditional signs in the auction hall.

Hall bidders

The potential buyer participates in person and bids by traditional signs in the auction hall.

Absentee bids

Potential buyers who want to bid via telephone can be contacted by telephone during the auction. The potential buyer is obliged to use the auctioneers bidding template where the lots he intends to buy have been indicated.

The bids must have been confirmed before the auction in writing or in text form.

Potential buyers are obliged to previously provide a telephone number, where they can be contacted during the auction.

The auctioneer hereby explicitly excludes the warranty for formation and maintaining the telephone connection as well as for possible other trouble with the telephone connection in fact particularly any warranty for the lack of acceptance of a bid. We refer to clause 10 paragraph 2 regarding the scope of this liability exclusion.

7. Acceptance of a bid

Acceptance of bid is given to such potential buyer who offers the highest bid if no higher bid has been offered upon three consecutive calls of such highest bid. If several persons offer the same bid and no higher bid is offered upon three consecutive calls of such bid, the acceptance of bid is allocated to one of the bidders by lot. Auctioneer is entitled to offer the item again, if a higher bid has been ignored by mistake.

8. Taking into possession / invoice/ payment / passing of risk

Acceptance of bid obliges to immediate taking into possession and payment. Buyers are obliged to pay within six calendar days upon acceptance of bid or issuing an invoice, whereupon the respective later date is essential. Payment at the auctioneer’s place is possible in cash, by EC-, Master- or Visa-Card or bank approved cheques. Payment which does not take place at the auctioneer’s premises are in general not possible by card. However, there is the additional possibility of payment by bank transfer to the auctioneer’s bank account.

Buyer is in default without reminder after the above payment limit has elapsed. With handing over of the auctioned item, the risk of random destruction or deterioration of the item lays upon the buyer (passing of risk). If instead of handing over the item such item is send the provision in clause 15 applies. Passing of risk takes place, in the event that no prior handing over of the item took place, at the latest upon default.

If payment takes place in a foreign currency any possible currency losses and/or bank fees have to be paid by buyer.

Invoices issued during auction or immediately thereafter are issued with the caveat of review.

Export delivery is exempted from VAT, however, within the EU this applies only to businesses with VAT identification number. Once proof of export and proof of acceptor are provided to auctioneer, the foreign buyer is entitled to reimbursement of VAT. Custom and VAT that accrue from import have to be borne by the buyer in any event.

9. Retention of title

Property of the item is not transferred to buyer until full payment of all sums owed to auctioneer (retention of title). While retention of title is valid buyer is obliged to refrain from selling the item (item which is owned with reservation) or otherwise dispose of the property hereof. Buyer is obliged to refer to the existing third-party property if third parties, in particular bailiffs, try to get hold of the item which is owned with reservation and to notify auctioneer accordingly without delay in order to enable the enforcement of property rights.

10. Limited Liability

Claims for indemnity - irrespective of legal basis - against auctioneer including its representatives and auxiliary persons, which presume negligence, only exist, if a material contract obligation has been breached. In such event claims for indemnity are limited regarding its amount to the damages which are typically predictable.

Claims concerning damages of life, body and health as well as damages to property pursuant to the German product liability statute (Produkthaftungsgesetz), damages due to purpose or gross negligence as well as for guaranteed characteristic of state are not subject to the above limited liability.

If a buyer can proof within one year upon the auction that information regarding the auctioned item, which lessen its value or usability not insignificant or making it void, were wrong, then auctioneer is obliged to enforce its claim - as the case may be jurisdictional - against the person who issued the item to the auction. In the event where such claim is successful auctioneer reimburses the purchase price matching payment with physical delivery of the bought item in unchanged condition.

11. Binding offer

If acceptance of bid is made under condition, particularly because the highest bid is less than the limit, person who made such bid is bound by its bid for 30 days upon its acceptance. Acceptance of bid made under condition becomes unconditional upon confirmation by the auctioneer.

12. Commission / surcharge

On top of the price for acceptance of bid a surcharge (commission) in the amount of 20% plus VAT in the amount of currently 19% has to be paid. Payment of the full amount has to be carried out in Euro and within the time limit set in clause 8 above. Bank fees, if any, have to be paid by buyer.

13. Resale rights

Buyer participates in the resale right fee pursuant to § 26 German Copyright Act in the amount of 4 % of the acceptance of bid price. Items for which such fee is requested are marked with a small star in the title in the catalogue.

14. Default

In the event of payment default auctioneer is entitled to choose between fulfilment of purchase agreement or withdrawal from the agreement and request for damages caused by failure to fulfil the obligations from the initial agreement. Upon default interest upon the due amount has to be paid. Interest rate for consumers is 5 % points above the respective German basis interest rate and for the rest 8 % points above the respective German basis interest rate.

Further the item can be auctioned again at the expense of the person in default. The person in default is liable for any minor proceeds as opposed to the prior auction. He is not entitled to higher proceeds, if any.

The auctioneer is entitled to exclude him from any further auction.

15. Taking along / Shipping

In general, purchased items cannot be taken immediately. Notwithstanding that upon agreement the immediate taking away of small purchased items is possible, in particular objects stored in show cases and paintings. In general, it is the buyer’s obligation to pick up the purchased items. Upon request shipment of small objects up to a weight of 30 kg can be organised by auctioneer. For such service and for the packaging necessary for the shipment costs accrue, the amount of which can be checked at the auctioneer’s internet site under the flag ‘shipment’ in a price list. For items that increase the above weight limit the auctioneer can name adequate shipping companies.

Shipment, if any, take place at the expense of the buyer. In the event that buyer does not act as consumer, risk of random destruction or deterioration of the item is passed to buyer upon handing over to such person who is in charge of shipment.

16. Publication of the results

Results will be published on the auctioneer’s internet site in general starting with the work day following the respective auction.

17. Post-auction sale

This auction terms and conditions apply to the free-hand sale after the end of the auction, so called post-auction-sale, respectively. Post-auction sale starts after the auction. Provisions for distance selling pursuant to §§ 312b-d German Civil Code (BGB) do not apply. Post-auction sale starts at the day following the respective auction in the premises of the auctioneer in Krefeld and lasts 10 days in total.

18. Consequences of delayed pick up

If items that were bought in auction or during post-auction sale are not picked up within 10 days upon the end of the post-auction sale, then Buyer is obliged to pay fees for unrequested storage in the amount of

   10 EURO for small objects (particularly show-case objects and paintings)

   20 EURO for big objects (particularly furnishings)

per week, whereupon he can previously ask whether a particular item is deemed small or big.

19. General provisions

Place of fulfilment and jurisdiction is Krefeld if the buyer is merchant/business man or does not have a general jurisdiction in Germany or is a public legal entity or a public law special fund.

Should one or several of the above provisions proof to be or become void the validity of the remaining terms remains unaffected.

German law applies. The provisions of CISG are excluded. In the event that this auction terms and conditions are provided in several languages the German text prevails.

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