Terms and Conditions
A. Terms and Conditions of Auctions
Please read the following terms and conditions carefully before you participate in our auction. By registering as a bidder you agree to the terms and conditions.
1.1 The auctions of the company BAODT Art GmbH (hereinafter referred to as "BAODT"), registration number HRB 264721 at the district court of Munich are voluntary auctions of used goods open to the public in the sense of section 383 sub section 3, section 474 sub section 1, clause 2 of the German Civil Code (BGB), in which every consumer can participate in accordance with section 13 BGB, so that the regulations on the sale of consumer goods do not apply.
The regulations on the sale of consumer goods also do not apply if the artist himself is not an entrepreneur within the meaning of section 14 BGB, i.e. the sale of his art cannot be attributed to his commercial or independent professional activity. If the artist himself is not an entrepreneur, there are further possibilities of arrangement in favor of the artist.
The objects will be auctioned in the name and for the account of a third party by BAODT as representative for the artist.
1.2 The contract is therefore not concluded between the buyer/ bidder and BAODT, but between the buyer/ bidder and the artist. The buyer's legal claims arising from the auction are directed against the artist as the seller of the object due to the auction form as an agency transaction.
1.3 These terms and conditions apply to the auction and the post-auction sale of objects that were not knocked down in the auction.
After the auction, objects that have not been knocked down may be purchased by means of a post-auction sale. The Buyer/Bidder makes an offer for a certain amount either in person, by telephone, via the Internet or in writing. The conditions apply accordingly to this offer, the acceptance by BAODT and the resulting contract between bidder and artist.
1.4 By submitting a bid, the bidder acknowledges the validity of these terms and conditions. They are published on the website at "www.baodt-art.com" and are displayed on the premises where the auction is held and are accessible to everyone before and during the auction.
1.5 A right of withdrawal of the consumer does not exist in the absence of a legal basis.
1.6 The buyer's own terms and conditions shall not apply.
2.2 The object number and not the title of the object shall be decisive in the allocation of written and online bids submitted by the buyer as well as knockdowns.
2.3 The artist and BAODT do not guarantee that the digital photos and videos used on the Internet and in the live auction as well as in the post-sale deviate from the original in terms of presentation, size, quality and coloring.
3.1 The estimated prices stated on BAODT's website are only a non-binding indication for the buyer. They may be minimum supplementary prices if BAODT has agreed on a limit with the artist.
3.2 All estimated prices are quoted in euros. Surcharges are also given in euros. Any indication of foreign currencies is legally non-binding.
4.1 Each bidder will receive a bidder number from BAODT upon presentation of a valid personal document and admission to the auction.
4.2 Only bids submitted under this bidder number will be considered in the auction.
4.3 Bidders shall purchase in their own name and for their own account if the bid is accepted. If a bidder wishes to submit bids on behalf of a third party, he must expressly notify BAODT of this no later than 24 hours before the auction, stating the name and address of the person represented and submitting a written power of attorney. Otherwise, the contracts shall be concluded with the bidder upon acceptance of the bid. In all other respects, sections 164 et seq. BGB shall apply.
5. BIDS FROM PERSONS PRESENT
5.1 Bids by persons present in person at the auction ("Bidding at our Pop Up Auctions") will be submitted by clearly showing the bidding paddle number.
5.2 A bidding paddle number for persons present at the auction can be requested from BAODT up to 24 hours before the auction and can only be issued by BAODT; in exceptional cases a different arrangement can be made.
6. BIDS FROM ABSENTEES
6.1 Bids by persons absent from the auction may be submitted via the website ("Absentee Bid") or on site during the pre-auction inspection.
6.2 Bids of an absent person will only be admitted if the bidder has applied for admission at least 24 hours before the auction.
6.3 Bids in absentia can only be admitted up to 24 hours before the auction if they are submitted by means of a duly completed "Absentee Bid" form provided by BAODT for this purpose and personally signed by the bidder. The form is available on the website "www.baodt-art.com". All absentee bids shall be considered as bids already submitted in the auction. If there are several absentee bids of the same amount for the same item, the bid received first by BAODT will be the winning bid if no higher bid is received or submitted by bidders present/ bidding in the online live auction. Each absentee bid is considered the maximum bid of the absentee bidder and will only be used to the extent necessary to outbid another bid.
6.5 Bids of absent bidders can only be considered if they have indicated their bank account details in the "Absentee Bid" form, enclosed a copy of their identity card or passport, or verified themselves otherwise (by agreement).
6.6 Changes or cancellations of "absentee bids" must be received by BAODT at least 24 hours before the auction.
7. ONLINE BIDS IN LIVE-STREAM
7.1 Bids may also be submitted online in the live internet auction ("Live Stream Bidding").
7.2 BAODT does not assume any liability for the processing of online bids in the live stream. In particular, BAODT is not liable for transmission errors.
7.3 Customers bidding online can only be considered if they have registered on the website, provided their bank account details and uploaded a copy of their identity card or passport.
8.1 The call price shall be determined by the auctioneer in charge of the auction at his discretion. In principle, it shall not be less than half of the estimated price. As a rule, the bidding price shall be increased by approx. 10% of the preceding bid. The decision on this is incumbent on the auctioneer commissioned.
8.2 The purchase contract between the artist and the buyer is concluded by the fall of the hammer, "with the hammer". The bid is accepted if no higher bid is submitted after three calls for bids. If the bid is not accepted, this can be indicated by "not sold" or "passed".
8.3 The buyer remains bound by his bid even if a subsequent higher bid is rejected by BAODT or if its invalidity is established at the latest one month after the acceptance of the bid.
8.4 A bid may be rejected by BAODT and/or the acceptance of the bid may be refused and the object may be called again if a higher bid made in due time was overlooked by mistake at the time of acceptance of the bid or if there are other doubts about the acceptance of the bid. With the renewed call and/or acceptance of the bid, the earlier acceptance of the bid becomes invalid.
8.5 BAODT may bid for the artist until the agreed limit is reached without giving notice and regardless of whether other bids are placed. In this case, the object remains unauctioned.
8.6 The acceptance of the bid may be made subject to reservation, in particular if a limit set by the artist cannot be reached. This shall be expressly indicated by the addition "subject to reservation" (with reserve) / "u.V." (“unter Vorbehalt) at the time of acceptance of the bid. The conditional acceptance of the bid will only become effective if the bid is confirmed by BAODT in writing or by implication, e.g. by issuing an invoice, within one month after the day of the auction. Without confirmation of the conditional surcharge, it shall expire upon expiry of the one-month period.
8.7 Upon acceptance of the bid, the risk of accidental deterioration or loss of the awarded object shall pass to the buyer. The Buyer shall pick up the Object at the agreed place within two weeks after the acceptance of the bid at the latest. In addition, the provisions of Section 9 of these Terms and Conditions shall apply.
8.8 An Object shall not be handed over before full payment of the amounts owed by the Buyer.
9. VALUE ADDED TAX AND SURCHARGE
9.1 If value added tax (VAT) is not already included in the hammer price, the buyer must pay it at the legally applicable rate.
9.2 BAODT will clearly indicate whether VAT is already included.
9.3 An additional buyer's fee will not be charged.
10. REIMBURSEMENT OF EXPENSES
10.1 In relation to the artist, the buyer shall assume half of the payment of the statutory resale right levy. Pursuant to Section 26 sub section 1 of the German Copyright Act (UrhG), it shall be owed in the event of the sale of originals of a work of fine art in which the copyright has not yet expired. It is shown separately and, if necessary, also invoiced subsequently. The amount of the resale right levy is determined by Section 26 sub section 2 UrhG. No value added tax shall be levied on the resale right charge.
10.2 The Buyer shall be obliged to pay the costs regulated in these Terms and Conditions of Auction, such as reminder fees, storage, transport and insurance costs, costs of legal prosecution, interest, etc. The Buyer shall also be obliged to pay the costs of the legal prosecution.
10.3 Value added tax at the legally applicable rate must be paid on the aforementioned amounts in item 9.2.
10.4 BAODT is entitled to assert the rights of the artist as well as the claims mentioned in item 10. of these conditions in its own name against the buyer and, if necessary, to sue for them, even if the artist is entitled to them. The artist has already granted the corresponding power of attorney and assignment of claims for collection with the issuance of the auction order.
11.1 The amounts owed by the Buyer shall become due and payable upon acceptance of the bid.
11.2 All invoices issued during or immediately after the auction are subject to verification.
11.3 Payments shall be made in cash. Non-cash payments must be made free of costs and expenses to BAODT and will be accepted on account of performance. Credit card payments, EC card payments and payments via PayPal are accepted.
11.4 Default of payment occurs two weeks after the award of the contract. For each reminder, the buyer has to reimburse an amount of € 10, - including applicable VAT per letter. From the occurrence of the default, the entire amount owed shall be subject to interest in the amount of 1% p.m. in accordance with item 11.1. of these terms and conditions. Further claims of BAODT or the artist remain unaffected by this.
11.5 The artist, represented by BAODT, may insist on payment together with acceptance or withdraw from the contract. The right to claim damages shall not be excluded by a withdrawal. BAODT may assert rights and claims to which the artist is entitled against the buyer in its own name on the basis of a corresponding power of attorney and an assignment agreement which was issued with the auction order (litigation authority).
Among other things, BAODT may also assert its own claim for damages against the buyer. This claim for damages also includes the insurance as well as the costs of the return delivery and a possible new auction including storage, handling and other insurance costs incurred. Furthermore, this claim for damages includes the costs of legal action as well as possible reduced proceeds in the event of a new auction. The defaulting buyer shall not be entitled to the surrender of any additional proceeds.
11.6 Ownership of the awarded objects will only pass to the buyer after full payment of the invoice amount owed to BAODT. Therefore, the objects will only be handed over or shipped after full payment has been received.
11.7 The buyer may only offset claims against the artist as well as against BAODT with undisputed or legally established claims. He shall not be entitled to rights of retention or rights to refuse performance insofar as he is a merchant within the meaning of the statutory provisions.
11.8 In cases of withdrawal and/or assertion of a claim for damages within the meaning of clause 11.4. of these terms and conditions, BAODT is entitled to exclude the buyer from bidding in further auctions.
11.9 If the buyer has provided BAODT with his credit card details, BAODT is entitled to charge the buyer's credit card with the payments owed by him in accordance with clause 11.1. after the successful acceptance of the bid.
12.1 BAODT will store and insure the items auctioned and to be collected by the buyer in the amount of the hammer price at the buyer's expense until two weeks after the hammer price has been awarded. The insurance covers all property risks such as fire, tap water, burglary, vandalism, simple theft, risk of damage and loss of the objects. After expiration of two weeks from the date of acceptance of the bid, BAODT has the right to store the objects in the name of and for the account of the buyer with a forwarding agent and to have them insured or to store them on its own premises against payment of a daily flat rate for storage and insurance costs. The flat rate depends on the size of the objects and ranges from € 1,- to € 5,- per day.
12.2 The transport of awarded objects will only be carried out according to the written instructions of the buyer. BAODT is only liable for the proper delivery of the objects to the forwarding agent, the carrier or the persons otherwise designated to carry out the transport. Section 447 sub section 1 of the German Civil Code (BGB) shall apply.
12.3 The Buyer shall be responsible for obtaining any export documents that may be required, in particular permits in accordance with the German Cultural Property Protection Act (KGSG) and CITES permits.
13. CONDITION OF THE OBJECTS
13.1 All Objects may be inspected and examined without restriction prior to the auction during the pre-auction hours. Unless expressly described otherwise, the objects are used items and are therefore in a state of preservation which corresponds to their age and previous use.
13.2 All objects will be knocked down by BAODT in the condition in which they are at the time of the knockdown ("as is").
13.3 The actual condition of the object is the agreed condition within the meaning of section 434 sub section 1 clause 1 BGB.
13.4 All objects are originals. A certificate of authenticity will be issued by the artist and enclosed with the auctioned object. All works are signed by the artist.
14.1 All details of the corresponding presentation on the Internet are based on the information provided by the artist. They are not part of the agreed condition and do not include any guarantees in the legal sense. The withdrawal of objects ("withdrawal") shall be made by written notice at the place of the auction and orally by the auctioneer entrusted with the conduct of the auction immediately before the auction.
14.2 All items may be inspected and examined by the buyer prior to the auction. Claims against BAODT on account of warranty and on account of defects as to quality are excluded, provided that BAODT has observed its duties of care which are typical for the contract and which can reasonably be expected. In this context, the buyer's own further findings in favor of the auction house are also to be taken into account, insofar as the buyer has not informed BAODT of these.
14.3 The buyer's claims for damages against BAODT, its legal representatives, employees, vicarious agents or assistants are excluded, irrespective of the legal grounds. This exclusion does not apply to claims for damages arising from intentional or grossly negligent conduct on the part of those acting. Furthermore, the exclusion of liability does not apply to the assumption of a guarantee or the assurance of a characteristic, insofar as this is the basis of the claim for damages. Liability for damages resulting from injury to life, body or health shall remain unaffected in any case.
14.4 If BAODT uses third parties in the performance of its obligation, BAODT shall only be liable for intentional or grossly negligent actions of these persons or of BAODT itself in the selection and supervision of these persons, insofar as this does not concern liability for the breach of cardinal obligations and liability for injury to life, body and health.
14.5 If the Artist is not an entrepreneur, all warranties on his part are excluded.
B. Pop Up Gallery Terms and Conditions
Please read the following terms and conditions carefully before you buy with us. These terms and conditions apply to the sale during the pop up galleries as well as for the sale afterwards via internet or similar.
1.1 BAODT's Pop Up Galleries take place about 6 times a year in different cities in Germany/ or other countries (EU/ as well as non-EU foreign countries). The duration of each Pop Up Gallery is about 1 to 2 weeks, but can vary.
1.2 At the Pop Up Galleries the artworks are presented in different ways. They are either hung or placed on the floor/ other storage with protection. The presentation of the artwork is often not at BAODT's discretion, but is conditioned by the location. If the artist does not wish the artwork to be placed, he/she must explicitly inform BAODT prior to the upcoming/beginning Pop Up Gallery.
1.3 The works of art will be sold in the name and for the account of third parties by BAODT as representative/agent for the artist/seller. BAODT will invoice the customer in the name and on behalf of the artist.
1.4 The sales contract is concluded between the buyer and the artist. The §§ 433 ff. BGB (German Civil Code) apply and in the case of a consumer goods purchase (between entrepreneur and consumer) §§ 474 ff. BGB are to be applied. The artist is obligated as a seller to hand over the item to the buyer and to procure ownership of the item.
1.5 The artist is obliged to sign the artwork as well as to enclose a certificate of authenticity, if he creates such in principle. If it is photography, the print is to be provided with the respective edition/edition. With his signature, the Artist declares that he is the sole author of the determinable work of art for sale.
1.6 The work of art is protected by copyright. Any form of exploitation - with the exception of resale - requires the written consent of the artist, unless legal exceptions apply.
The prices include the legal sales tax. Customs costs are not included and are to be paid by the buyer.
3.1 The agreed purchase price is to be paid immediately to BAODT Art GmbH.
3.2 The invoicing by BAODT Art GmbH is carried out on account of the artist. BAODT Art GmbH is authorized to receive payments on behalf of the artist.
3.3 The ownership of the object of the contract remains with the artist until full payment has been made.
4.1 If the subject matter of the contract is to be shipped at the request of the Buyer, the Buyer shall bear the costs of shipping as well as any fees that may be incurred (inc. customs duties and taxes). The costs shall be notified in advance upon request.
4.2 The risk of accidental loss during shipment shall be borne by the Buyer.
4.3 Shipping is carried out by a logistics company commissioned by BAODT.
C. SHOP Terms and Conditions
What is the procedure for ordering from BAODT Art?
The presentation of the product in our store is not a legally binding offer, but a non-binding online offer. The product selected by you via the button "Add To Cart" (individualized print with or without framing in 5 different frame options) will be summarized to you once again in an order summary at the end of the ordering process. Here you should check all the information provided during the order process and change it if necessary, i.e. add or correct it. Enter your email address ("1. Your Email"), your billing address ("2. Invoice") and shipping address ("3. Shipping") and select one of the delivery options "Shipping Options". Then select your payment option ("4. Payment"). Review again ("Review & Purchase") all the information provided during the ordering process and change it if necessary.
By clicking the "Purchase" button, you submit your order data and make a binding declaration to BAODT Art that you wish to purchase the product listed there (offer). We automatically accept your offer when we receive your order.
If necessary, you can create an account ("Create an account for faster checkout").
Immediately after submitting the order, you will receive an order and contract confirmation ("Receipt") by e-mail, in which the details of your order are listed again.
You will receive an invoice within 14 days after receipt of the order. If your domestic or foreign VAT number cannot be validated as part of the qualified confirmation request via the European Commission's VAT Information Exchange System (VIES) or if you do not provide us with the VAT number, the order will be invoiced subject to VAT even in the case of cross-border delivery. You bear the risk of non-validation of the VAT identification number provided, if this is due to circumstances for which BAODT Art is not responsible.
2. How can I cancel my order?
Herewith we point out that your order is not a prefabricated product, but an individually manufactured product based on your desired configuration (freely selectable equipment and finishing, as well as detail design). The works are made according to your individual selection and tailored to your personal needs. Therefore a right of withdrawal according to § 312 g Abs. 2 Nr. 1 BGB is excluded.
D. FINAL PROVISIONS
1. These terms and conditions (A. and B.) govern all relations between the buyer/ bidder and BAODT as well as between the artist/ seller and the buyer/ bidder. In the event of purchase by distance selling, further conditions to be agreed separately may apply.
2. The law of the Federal Republic of Germany shall apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
3. The languages of negotiation and contract shall be German and English. Descriptions and documents, including these Terms and Conditions of Auction, drawn up in other languages are for information purposes only and shall not be legally binding.
4. The place of performance shall be Munich.
5. The exclusive place of jurisdiction for all claims arising from the contractual relationship existing between the parties shall be Munich, provided that the Buyer is a merchant within the meaning of the statutory provisions or a legal entity under public law. The same place of jurisdiction shall apply if the Purchaser does not have a general place of jurisdiction in Germany, moves its registered office or place of residence or habitual abode out of Germany after conclusion of the contract or its registered office or habitual abode is not known at the time the action is brought. In all other respects, the court in whose district the purchaser, insofar as he is a consumer, has his place of residence at the time the action is brought or, in the absence of such, his usual place of residence, shall have jurisdiction for all claims of BAODT against the purchaser arising from the contractual relationship.
6. Should one or more provisions of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable condition shall be replaced by the parties with a valid and enforceable condition that comes as close as possible to what was intended by the original condition.
E. CONSUMER DISPUTE RESOLUTION ACT
For services that have been offered through a website or other electronic means and the consumer has ordered these services through this website or other electronic means, an online dispute resolution procedure shall be made available to the consumer. The platform for online arbitration can be found at the following link