Ketterer Kunst GmbH Hamburg
				1. General
				1.1 Ketterer Kunst GmbH & Co. KG based in Hamburg (hereinafter “Auctioneer”) generally auctions as a commission agent in its own name and for the account of the consignor (hereinafter “Commissioner”), who remains anonymous. Items owned by the auctioneer (own goods) are auctioned in their own name and for their own account.  These  auction  conditions  also  apply  to  the  auction  of these own goods, in particular the surcharge (under item 5.5) is also to be paid for this.
				
				1.2 The  auction  shall  be  conducted  by  an  individual  having  an auctioneer’s license; the auctioneer shall select this person. The auctioneer is entitled to appoint suitable representatives to conduct the auction pursuant to § 47 of the German Trade Regulation Act (GewO). Any claims arising out of and in connection with the auction may be asserted only against the auctioneer.
				1.3 The auctioneer reserves the right to combine any catalog numbers,  to  separate  them,  to  call  them  in  an  order  other  than  that specified in the catalog or to withdraw them.
				
				1.4 Any  items  due  to  be  auctioned  may  be  inspected  on  the auctioneer’s  premises  prior  to  the  auction.  This  also  applies  to participation in auctions in which the bidder can also bid via the Internet  (so-called  live  auctions).  The  time  and  place  will  be  announced on the auctioneer’s website. If the bidder (particularly the bidder in a live auction) is not (or no longer) able to view the item because the auction has already started, for example, he waives his right to view the item by bidding.
				
				1.5 In accordance with the GwG (Money Laundering Act) the auctioneer is obliged to identify the purchaser and those interested in making a purchase as well as, if necessary, one acting as representative for them and the „beneficial owner“ within the meaning of § 3 GwG (Money Laundering Act) for the purpose of the execution of the order, as well as to record and store the collected data and information. The aforementioned purchaser or those interested in purchasing or their representatives are obliged to cooperate, in  particular  to  submit  the  necessary  identification  papers,  in particular  based  on  a  domestic  passport  or  a  passport,  identity card  or  passport  or  identity  card  that  is  recognized  or  approved under immigration law. The auctioneer is entitled to make a copy of this in compliance with data protection regulations. In the case of legal persons or private companies, an extract from the commercial or cooperative register or a comparable official register or directory must be requested. The purchaser or those interested in the purchase assure that the identification papers and information provided by them for this purpose are correct and that he or the person he represents is the „beneficial owner“ according to Section 3 GwG (Money Laundering Act).
				
				2. Calling / Auction Procedure / Knock-down
				2.1 As a general rule the object is called up at two thirds of the estimate price, in exceptional cases also below. The bidding steps are be at the auctioneer’s discretion; in general, in steps of 10 %.
				2.2 The auctioneer may reject a bid, especially if a bidder, who is not known to the auctioneer or with whom there is no business relation  as  of  yet,  does  not  furnish  security  before  the  auction begins. Even if security is furnished, any claim to acceptance of a bid shall be unenforceable.
				2.3 If a bidder wishes to bid on behalf of someone else, he must notify the bidder before the start of the auction, stating the name and address of the person represented and submitting a written power of attorney. When participating as a telephone bidder or as a bidder in a live auction (see definition Section 1.4), representation  is  only  possible  if  the  auctioneer  has  received  the  proxy  in writing  at  least  24  hours  before  the  start  of  the  auction  (=  first call). Otherwise, the representative is liable to the auctioneer for his bid, as if he had submitted it in his own name, either for performance or for damages.
				
				2.4 A bid expires, except in the case of its rejection by the auctioneer, if the auction is closed without a bid being accepted or if the auctioneer  calls  up  the  item  again;  a  bid  does  not  expire  with  a subsequent ineffective higher bid.
				
				2.5 In addition, the following applies to written proxy bids: These must be received no later than the day of the auction and must name the item, stating the catalog number and the bid price, which is understood to be the hammer price without surcharge and sales tax;  Any  ambiguities  or  inaccuracies  are  at  the  expense  of  the bidder. If the description of the auction item does not match the specified catalog number, the catalog number is decisive for the content  of  the  bid.  The  auctioneer  is  not  obliged  to  inform  the bidder that his bid has not been considered. Each bid will only be used by the auctioneer to the amount necessary to outbid other bids.
				
				2.6 A  bid  is  accepted  if  there  is  no  higher  bid  after  three  calls. Notwithstanding the possibility of refusing to accept the bid, the auctioneer may accept the bid with reserve; this shall apply especially if the minimum hammer price specified by the commissioner is not reached. In this case the bid shall lapse within a period of 4 weeks from the date of its acceptance unless the auctioneer notifies the bidder about unreserved acceptance of the bid within this period.
				
				2.7 If several bidders submit bids of the same amount, the auctioneer can, at his own discretion, award a bidder the bid or decide on the bid by drawing lots. If the auctioneer overlooked a higher bid or if there is any other doubt about the bid, he can choose to repeat the bid in favor of a specific bidder or offer the item again until the end of the auction; in these cases, a previous knock-down becomes ineffective.
				
				2.8 Winning a lot makes acceptance and payment obligatory.
				3. Special terms for written proxy bids, telephone bidders, bids in text form and via the internet, participation in live auctions, postauction sale. 
				3.1 The  auctioneer  exerts  himself  for  considering  written  proxy bids, bids in text form, via the Internet or telephone bids that he only receives on the day of the auction and the bidder is not present at the auction. However, the bidder cannot derive any claims from this if the auctioneer no longer considers these offers in the auction, for whatever reason.
				
				3.2 On  principle,  all  absentee  bids  according  to  the  above  item, even if such bids are received 24 hours before the auction begins, shall be legally treated on a par with bids received in the auction venue.  The  auctioneer  shall  however  not  assume  any  liability  in this respect.
				
				3.3 In general, it is not possible to develop and maintain software and hardware completely error-free given the current state of the art. It is also not possible to 100% rule out disruptions and impairments on the Internet and telephone lines. As a result, the auctioneer cannot assume any liability or guarantee for the permanent and trouble-free availability and use of the websites, the Internet and the telephone connection, provided that he is not responsible for this disruption himself. The standard of liability according to Section 10 of these conditions is decisive. Under these conditions, the provider therefore assumes no liability for the fact that, due to  the  aforementioned  disruption,  no  or  only  incomplete  or  late bids can be submitted, which would have led to the conclusion of a contract without any disruption. Accordingly, the provider does not  assume  any  costs  incurred  by  the  bidder  as  a  result  of  this disruption. During the auction, the auctioneer will make reasonable efforts to contact the telephone bidder on the telephone number he/she has provided and thus give him the opportunity to bid by telephone. However, the auctioneer is not responsible for not being able to reach the telephone bidder on the number provided or for disruptions in the connection.
				3.4 It is expressly pointed out that telephone conversations with the telephone bidder during the auction may be recorded for documentation and evidence purposes and may exclusively be used for fulfillment of a contract and to receive bids, even where these do not lead to fulfillment of the contract.
If the telephone bidder does not agree to this, he/she must point this out to the employee at the latest at the beginning of the telephone call. The telephone bidder will also be informed of the modalities  listed  in  Section  3.4  in  good  time  before  the  auction  takes place in writing or in text form, as well as at the beginning of the telephone call.
				3.5 In case of the use of a currency converter (e.g. for a live auction) no liability is assumed for the accuracy of the currency conversion. In case of doubt, the respective bid price in EUR shall be the decisive factor.
				
				3.6 A bidder in a live auction is obliged to keep all access data for his user account secret and to adequately secure it against access by third parties. Third persons are all persons with the exception of the bidder himself. The auctioneer must be informed immediately if the bidder becomes aware that third parties have misused the bidder’s access data. The bidder is liable for all activities carried out by third parties using his user account as if he had carried out this activity himself.
				
				3.7 It is possible to place bids after the auction, in the the so-called post-auction sale. Insofar as the consignor has agreed upon this with the auctioneer, they apply as offers for the conclusion of a purchase contract in the post-auction sale. A contract is only concluded when the auctioneer accepts this offer. The provisions of these terms of auction apply accordingly, unless they are exclusively provisions  that  relate  to  the  auction-specific  process  within  an auction. 
				
				4. Transfer of perils / Delivery and shipping costs
				4.1 When the bid is accepted, the risk, in particular the risk of accidental  loss  and  accidental  deterioration  of  the  auction  item, passes to the buyer, who also bears the costs.
				
				4.2 The buyer bears the costs of delivery, acceptance and shipment to a location other than the place of performance, with the auctioneer determining the type and means of shipment at its own discretion.
				
				4.3 Once the bid has been accepted, the auction item is stored at the auctioneer at the risk and expense of the buyer. The auctioneer is entitled, but not obliged, to take out insurance or to take other value-preserving measures. He is entitled at any time to store the item with a third party for the account of the buyer; if the item is stored at the auctioneer, the auctioneer can demand payment of a standard storage fee (plus handling charges).
				
				5. Purchase price / Due date / Fees
				5.1 The purchase price is due upon the acceptance of the bid (in the case of post-auction sales, cf. section 3.7, upon acceptance of the bid by the auctioneer). Invoices issued during or immediately after the auction require reaudit; errors excepted.
				
				5.2 The buyer shall only make payments to the account specified by the auctioneer. The fulfillment effect of the payment only occurs when it is finally credited to the auctioneer’s account.
All costs and fees of the transfer (including the bank charges deducted from the auctioneer) shall be borne by the buyer, insofar as this is legally permissible and does not fall under the prohibition of Section 270a of the German Civil Code.
				
				5.3 The sale is subject to differential or standard taxation depending on the consignor's requirements. The applicable type of taxation can be requested prior to the purchase; it is also indicated in the catalog. Objects marked “D” are subject to differential taxation, and objects marked “R” are subject to standard taxation.
				
				5.4 Type of taxation
				5.4.1 If standard taxation is applicable, the hammer price is subject to statutory sales tax, the amount of which depends on the object's tax classification (see section 5.4.2).
				
				5.4.2 Depending on the type and nature of the work, the reduced sales tax rate of 7% (e.g., for printed books and specific original works of art within the meaning of Article 12 (2) Section 2 No. 1 of the German Sales Tax Act (UStG) in conjunction with Annex 2) or the standard tax rate of 19% may apply.		  
				
				5.4.3 The applicable sales tax rate is specified in the catalog or online.
				
				5.4.4 If differential taxation is applied in accordance with Article 25a of the German Sales Tax Act (UStG), no separate sales tax will be charged. If this is the case, the applicable statutory sales tax of 19% is included in the purchase price.
				
				5.5 Buyer's premium
				5.5.1 Works of art marked with “D” in the catalog are subject to differential taxation. If differential taxation is applied, an additional premium will be levied on each item as specified below:
- Hammer price up to 200,000 Euro: herefrom 34% surcharge.
- The share of the hammer price exceeding 200,000 Euro is subject to a surcharge of 29 % and is added to the surcharge of the share of the hammer price up to 200,000 Euro.
				
				5.5.2 Objects marked „N“ in the catalog were imported into the EU for the purpose of sale. These objects are subject to differential taxation. In addition to the surcharge, they are also subject to the import turnover tax, advanced by the auctioneer, of currently 19 % of the invoice total.
				
				5.5.3 Objects marked „R“ in the catalog are subject to regular taxation. Accordingly, the purchasing price consists of the hammer price and a surcharge per single object calculated as follows:
- Hammer price up to 200,000 Euro: herefrom 27 % surcharge.
- The share of the hammer price exceeding 200,000 Euro is subject to a surcharge of 22 % and is added to the surcharge of the share of the hammer price up to 200,000 Euro.
-The individual statutory VAT is levied to the sum of hammer price and surcharge, (see section 5.4.2).
Regular taxation may be applied for contractors entitled to input tax reduction.
				
5.6 Artist’s Resale Right
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  resale  right  reimbursement  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  from  a  resale  is  EUR 12,500.
								
5.7 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 refunded to the buyer as soon as the auctioneer has the proof of export.
				
				6. Advance payment / Retention of title
				6.1 The  auctioneer  is  not  obliged  to  hand  out  the  auction  item before payment of all amounts owed by the buyer has been made.
				
				6.2 Ownership of the object of purchase is only transferred to the buyer once the invoice amount has been paid in full. If the buyer has already resold the object of purchase at a point in time when he has not yet paid the auctioneer’s invoice amount or has not paid it  in  full,  the  buyer  transfers  all  claims  from  this  resale  to  the auctioneer up to the amount of the unpaid invoice amount. The auctioneer accepts this transfer.
				
				6.3 If the buyer is a legal entity under public law, a special fund under  public  law  or  an  entrepreneur  who,  when  concluding  the purchase contract, is exercising his commercial or self-employed professional activity, the retention of title also applies to claims of the auctioneer against the buyer from the current business relationship  and  other  auction  items  until  the  settlement  of  claims  in connection with the purchase.
				
				7. Right of offset- and retention
				7.1 The buyer can only offset undisputed or legally binding claims against the auctioneer.
				
				7.2 The buyer’s rights of retention are excluded. Rights of retention of the buyer who is not an entrepreneur within the meaning of § 14 BGB (German Civil Code) are only excluded if they are not based on the same contractual relationship.
				
				8. Delay in payment, Revocation, Claims for compensation
				8.1 If the buyer is in default with a payment, the auctioneer can, regardless  of  further  claims,  demand  interest  for  default  at  the usual  bank  interest  rate  for  open  overdrafts,  but  at  least  in  the amount of the respective statutory interest on defaults according to  §§  288,  247  BGB  (German  Civil  Code).  With  the  occurrence  of default, all claims of the auctioneer become due immediately.
				
				8.2 If  the  auctioneer  demands  compensation  instead  of  performance because of the late payment and if the item is auctioned again, the original buyer, whose rights from the previous bid expire, is liable for the damage caused as a result, such as storage costs, failure and lost profit. He has no claim to any additional proceeds realized in the repeated auction and is not permitted to make any further bids.
				
				8.3 The  buyer  must  collect  his  acquisition  from  the  auctioneer immediately, at the latest 1 month after the bid has been accepted. If he defaults on this obligation and collection does not take place despite an unsuccessful deadline, or if the buyer seriously and finally refuses collection, the auctioneer can withdraw from the purchase contract  and  claim  compensation  with  the  proviso  that  he  can auction the item again and compensate for his damage in the same way as in the event of default in payment by the buyer, without the  buyer  being  entitled  to  additional  proceeds  from  the  new auction. In addition, the buyer also owes reasonable compensation for all collection costs caused by the delay.
				
				8.4 The auctioneer is entitled to withdraw from the contract if it emerges after the conclusion of the contract that he is not or was not entitled to carry out the contract due to a legal provision or official instruction or there is an important reason, that makes the execution of the contract for the auctioneer, also under consideration of the legitimate interests of the buyer, unacceptable. Such an important reason exists in particular if there are indications of the existence of facts according to §§ 1 Para. 1 or 2 of the transaction in the sense of the Money Laundering Act (GwG) or in the case of missing,  incorrect  or  incomplete  disclosure  of  the  identity  and economic background of the transaction in the sense of the Money Laundering Act (GwG ) as well as insufficient cooperation in the fulfillment of the obligations resulting from the Money Laundering Act (GwG), regardless of whether on the part of the buyer or the consignor. The auctioneer will seek clarification without negligent hesitation as soon as he becomes aware of the circumstances that justify the withdrawal. 
				
				9. Guarantee
				9.1 All items to be auctioned can be viewed and inspected prior to the auction. The items are used and are being auctioned off without any liability on the part of the auctioneer for material defects and exclude any guarantee. However, in case of material defects which destroy or significantly reduce the value or the serviceability of the item and of which the purchaser notifies the auctioneer within 12 months of the acceptance of his bid, the auctioneer undertakes to assign any claim which it holds against the consignor or - should the purchaser decline this offer of assignment - to itself assert such claims  against  the  consignor.  In  the  case  of  a  successful  claim against the consignor by the auctioneer, the auctioneer pays the buyer  the  amount  obtained  up  to  the  amount  of  the  hammer price, step by step, against the return of the item. The buyer is not obliged to return the item to the auctioneer if the auctioneer itself is not obliged to return the item within the framework of asserting claims against the consignor or another entitled person. The buyer is only entitled to these rights (assignment or claim against the consignor  and  payment  of  the  proceeds)  if  he  has  paid  the auctioneer’s invoice in full. In order for the assertion of a material defect to be effective against the auctioneer, the buyer must submit a report from a recognized expert (or the creator of the catalog raisonné, the artist’s declaration or the artist’s foundation), which proves the defect. The buyer remains obliged to pay the surcharge as a service fee.
				
				9.2 The used items are sold in a public auction in which the bidder/buyer can participate in person. If the bidder/buyer is also a consumer within the meaning of § 13 BGB (German Civil Code), he is expressly advised of the following:
Since  he  bids  for  a  work  of  art  that  represents  a  used  item  in  a public auction within the meaning of Section 312g Paragraph 2 No. 10 BGB, the provisions of consumer goods sales, i.e. the provisions of Sections 474 et seq. BGB, do not apply to this purchase.
A „publicly accessible auction“ within the meaning of Section 312g Paragraph 2 No. 10 BGB is understood as such a form of marketing in which the seller offers goods or services to consumers who are present in person or who are granted this opportunity, in a transparent process based on competing bids carried out by the auctioneer, in which the winning bidder is obliged to purchase the goods or service.
Since the possibility of personal presence is sufficient for the exception of Section 474 (2) sentence 2 BGB, it is not important that one  or  more  consumers  actually  took  part  in  the  auction.  The auction via an online platform is therefore also to be regarded as a  publicly  accessible  auction  if  the  possibility  of  the  consumer’s personal presence is guaranteed.
Therefore, the warranty exclusions and limitations listed in these conditions also apply to a consumer.
				
				9.3 The catalog descriptions and illustrations, as well as the images in other media of the auctioneer (internet, other forms of advertising,  etc.),  were  made  to  the  best  of  knowledge,  they  do  not constitute a guarantee and are not contractually agreed properties within  the  meaning  of  §  434  BGB,  but  only  serve  to  inform  the bidder/buyer, unless the auctioneer expressly and in writing guarantees the corresponding quality or property. This also applies to expertises. The estimate prices specified in the auctioneer’s catalog and descriptions in other media (internet, other advertisements, etc.)  serve  -  without  guarantee  for  the  correctness  -  only  as  an indication of the market value of the items to be auctioned. The fact of the assessment by the auctioneer as such does not represent any quality or property of the object of purchase.
				
				9.4 In  some  auctions  (particularly  in  the  case  of  additional  live auctions), video or digital images of the works of art may be used. Errors in the display in terms of size, quality, coloring etc. can occur solely because of the image reproduction. The auctioneer cannot guarantee or assume any liability for this. Clause 10 applies accordingly.
				
				10. Liability
				Claims for compensation by the buyer against the auctioneer, his legal representatives, employees or vicarious agents are excluded - for whatever legal reason and also in the event of the auctioneer withdrawing according to Section 8.4. This does not apply to damages that are based on intentional or grossly negligent behavior on the part of the auctioneer, his legal representatives or his vicarious agents. The exclusion of liability also does not apply to the assumption  of  a  guarantee  or  the  negligent  breach  of  essential contractual obligations, but in the latter case the amount is limited to the foreseeable and contract-typical damages at the time the contract was concluded. The liability of the auctioneer for damage resulting from injury to life, limb or health remains unaffected.
				11. Privacy
				We expressly refer to the auctioneer’s applicable data protection regulations. They are published in the respective auction catalog, posted in the auction room and published on the internet on www.kettererkunst.de/datenschutz/index.php.  They  are  part  of  the contract and the basis of every business contact, even in the initiation phase.
				
				12. Final Provisions
				12.1 Information provided by the auctioneer over the phone during or immediately after the auction about the auction processes – in particular regarding surcharges and hammer prices - are only binding if they are confirmed in writing.
				
				12.2 Oral ancillary agreements must be put in writing in order to be effective. The same applies to the cancellation of the requirement of the written form.
				
				12.3 In business transactions with merchants, legal entities under public law and special funds under public law, it is also agreed that the place of fulfillment and jurisdiction is Munich. Furthermore, Munich  is  always  the  place  of  jurisdiction  if  the  buyer  does  not have a general place of jurisdiction in Germany.
				
				12.4 The  law  of  the  Federal  Republic  of  Germany  applies  to  the legal relationship between the auctioneer and the bidder/buyer, excluding  the  United  Nations  Convention  on  Contracts  for  the International Sale of Goods (CISG).
				
				12.5 Dispute Resolution:
The  provider  is  neither  legally  obliged  nor  voluntarily  to  join  a dispute  resolution  (e.  g.  Art.  36  Para.  1  `Verbraucherstreitbeilegungsgesetz (Consumer Dispute Settlement Act, VSBG) before a consumer arbitration board and is therefore not willing to participate in such a resolution.
				
				12.6 Should one or more provisions of these terms of auction be or  become  invalid,  the  validity  of  the  remaining  provisions  shall remain unaffected. Section 306 paragraph 2 of the German Civil Code applies.
				
				12.7 These  auction  conditions  contain  a  German  and  an  English version. The German version is always decisive, whereby the meaning and interpretation of the terms used in these auction conditions are exclusively dependent on German law.
				
				(Date of issue: Oct. 15, 2025)
   
				
			Terms of Public Auction Hamburg
			More information
				
				
				
				
				
				
				
				
				
				Headquarters
Joseph-Wild-Str. 18
81829 Munich
Phone: +49 89 55 244-0
Fax: +49 89 55 244-177
info@kettererkunst.de
Louisa von Saucken / Undine Schleifer
Holstenwall 5
20355 Hamburg
Phone: +49 40 37 49 61-0
Fax: +49 40 37 49 61-66
infohamburg@kettererkunst.de
Dr. Simone Wiechers / Nane Schlage
Fasanenstr. 70
10719 Berlin
Phone: +49 30 88 67 53-63
Fax: +49 30 88 67 56-43
infoberlin@kettererkunst.de
Cordula Lichtenberg
Gertrudenstraße 24-28
50667 Cologne
Phone: +49 221 510 908-15
infokoeln@kettererkunst.de
Hessen
Rhineland-Palatinate
Miriam Heß
Phone: +49 62 21 58 80-038
Fax: +49 62 21 58 80-595
infoheidelberg@kettererkunst.de
We will inform you in time.
 
		


