Conditions of Sale
§ 1. Authorization
Tiberius Auctions GmbH (hereinafter referred to as "Auction House") conducts public auctions of movable property, in particular art and antiques, in accordance with the provisions of § 158 of the Trade Regulation Act and the provisions of the Auction House's General Terms and Conditions. Legal provisions shall only apply subsidiarily. Legal regulations such as those of the Consumer Protection Act remain unaffected. Conflicting terms and conditions of the Auction House's contractual partners do not form the basis of the contract.
§ 2. Acceptance and rejection of items
(1) Movable items of all kinds, in particular art and antiques, are accepted for auction, provided that their sale is legally permissible.
(2) The auction house does not accept items that are suspected of having been stolen, embezzled, or illegally exported or imported.
(3) When accepting items from abroad, the auction house has the right to demand proof of customs clearance and an export license.
(4) The auction house may refuse to accept items without giving reasons. Items that have already been accepted may also be withdrawn by the auction house without giving reasons.
§ 3. Auction order / acceptance certificate
(1) The transfer of items to the auction house shall be recorded in a transfer certificate with an integrated list, which must be signed by the consignor. The transfer certificate serves to confirm the acceptance of those items that have been handed over to the auction house by the consignor. Any disadvantages resulting from incorrect or incomplete information shall be borne by the consignor.
(2) By signing the acceptance certificate, the consignor agrees to the auction house's general terms and conditions. Upon consignment, the consignor shall receive a copy of the acceptance certificate and the auction house's general terms and conditions. Any objections must be raised immediately.
(3) Payment of the auction proceeds, revocation of the auction order, and return of unsold items shall only be made upon presentation of a copy of the acceptance certificate. In the event of justified concerns, the auction house may also request written proof of the right of disposal.
(4) If the copy of the transfer certificate is lost or destroyed, the auction house may make its services contingent upon the transfer certificate being declared invalid by a court of law.
§ 4. Rejected consignments
(1) Items that have been handed over or sent to the auction house for the purpose of auctioning, but whose acceptance for auction has been rejected and which have not been collected by the consignor within the period set for this purpose, shall be
a) returned to the consignor at their expense and risk,
b) or stored at the expense and risk of the consignor.
The same applies to items that the auction house has withdrawn from the auction.
(2) The auction house reserves the right to withdraw items from the auction until the bid is accepted without giving reasons.
§ 5. Appraisal and description of items
(1) The experts of the auction house shall examine the items accepted for auction with the necessary care and diligence and provide an appraisal and description thereof. The minimum sale price is determined together with the consignor. The estimated prices, starting prices, and descriptions are prepared with due care, but the auction house does not guarantee their accuracy to the buyer and consignor.
(2) The items submitted will not be auctioned below the agreed minimum sale price (limit). If the minimum sale price is not reached at the auction, the item will be sold subject to reservation. The final sale will only take place after the consent of the consignor. If no minimum sale price has been agreed, the starting price is the minimum sale price.
(3) The auction house shall not be liable in any way for damages to the buyer and consignor resulting from inaccuracies in its price determination or descriptions.
(4) The descriptions of the items are subjective opinions of the auction house's experts and mean:
a) First and last name of the artist with biographical data: an unambiguous work by the artist.
b) The designation "Attributed": in our opinion, possibly a work by the artist.
c) The designation 'Circle of': a work created within the artist's sphere of influence.
d) The designation "Inscribed": a probable work but not signed by the artist.
e) The designation "Workshop": a work created in the immediate environment of the artist.
f) The designation 'School': a work created in close proximity to the artist in terms of time and style.
g) The designation "Follower of": a work created in the succession of the artist and stylistically related to him.
(5) The illustrations accompanying the lots are part of the respective description. Minor deviations in color, brightness, or representation between the illustration and the original are reserved and do not constitute a deviation from the agreed quality.
(6) The description of the objects, information, and the general terms and conditions in English are only a non-binding auxiliary translation. The auction house cannot accept any liability for the accuracy of the translation.
§ 6. Condition of the items
(1) Unless otherwise stated, all items being auctioned can be viewed and inspected prior to the auction during the preview times at the auction house's premises. The items to be auctioned are almost exclusively art and antiques that are in a condition corresponding to their age and previous use.
(2) Buyers may request a condition report for individual items from the auction house. The condition reports are merely subjective assessments for which the auction house accepts no liability.
(3) Complaints or criticisms regarding the condition of an item will only be mentioned in the auction catalog and in the condition report if, in the opinion of the auction house, the overall visual impression of the item is significantly impaired. Every buyer is given the opportunity to view the items to be auctioned before the auction and to check their condition.
§ 7. Withdrawal of items
(1) The consignor is entitled to withdraw items submitted for auction until the online catalog is published. In this case, a withdrawal fee of 30% of the agreed minimum sale price will be charged. After publication of the online catalog, objects may only be withdrawn upon payment of a withdrawal fee amounting to 40% of the minimum sale price. Once bids have been received for the lot in question--regardless of whether these were submitted in writing, online, or in any other form--withdrawal of the object is no longer possible.
(2) The auction house may terminate the contractual relationship with the consignor immediately in writing or by electronic notification if one of the following points applies:
a) The consignor fails to provide the auction house with instructions for further business transactions despite repeated requests, or
b) the sale is impossible or unreasonable for the auction house for legal, moral, ethical, social, or business policy reasons, or
c) Reasons for rejection within the meaning of § 2 (2) subsequently arise, or
d) There are reasonable doubts as to the contributor's necessary power of disposal, or
e) The contributor has provided false information about the object to be auctioned, his person, or any other business-relevant circumstances when submitting the object for auction.
§ 8. Aftersale
(1) Items that remain unsold at auction will be offered for sale at their minimum sale price (limit) after the auction has ended and may be sold directly by the auction house until they are collected by the consignor or the aftersale, which lasts for 4 weeks, is deemed to have ended.
(2) The provisions of the General Terms and Conditions relating to items submitted for auction shall also apply in the same way to those items sold in the aftersale.
§ 9. Unsold and withdrawn items
(1) After the conclusion of the after-sale, the consignor of unsold items shall be requested to collect the items submitted. If the consignor does not comply with the request within the period set, the auction house reserves the right to
a) return the unsold items to the consignor at their expense and risk, or
b) store the unsold items at the expense and risk of the consignor.
(2) If the consignor of withdrawn items does not comply with the request for collection within the period set, the provisions of § 9 (1) shall apply.
§ 10. Lien
The consignor and the buyer grant the auction house a lien and right of retention on the items consigned or purchased by them to secure all claims that have already arisen or will arise in the future from the legal transaction.
§ 11. Photos / Illustrations and Display
(1) The consignor grants the auction house the irrevocable, free, and unrestricted right to photograph and illustrate the items consigned. The auction house reserves the right to permanently distribute and reproduce the photographs and illustrations, even if this is not related to the auction.
(2) Before the start of an auction, all items to be auctioned shall be displayed for at least two weeks to give prospective buyers the opportunity to examine the condition and quality of the items.
(3) The auction house reserves the right to display the preview or part thereof in a branch, a representative office of the auction house, or a company affiliated with the auction house.
(4) A photography fee of €40.00 (including VAT) will be charged for each lot consigned to the auction. This applies regardless of whether the lot is sold during the auction, in the Aftersale sale, or remains unsold.
(5) The photo costs are charged only once per lot, regardless of how many photos are used to present the lot online.
§ 12. Conduct of the auction / bids
(1) Unless otherwise announced in advance, the auction shall take place under the direction of the auctioneer of the auction house at the registered office of the auction house.
(2) The bidding for an item begins with the announcement of the lot number and the starting price.
(3) Bids are increased by approximately 10% of the last bid. All prices in the catalog and at the auction are in euros. The contract is concluded upon acceptance of the highest bid (winning bid). If the minimum sale price (limit) is not reached, the bid is accepted with reservation.
(4) The auctioneer of the auction house is entitled to separate and combine lots, as well as to withdraw lots or change the order of the lots in the catalog.
(5) The auction house reserves the right to reject bids without giving reasons. In particular, if there is concern that the bidder will not pay the highest bid or the origin of the money is not traceable.
(6) By submitting a bid, the bidder confirms that they have ascertained the condition and description of the item prior to the auction.
(7) In the event of disagreements, multiple bids, and overlooked bids, the auctioneer of the auction house shall decide on the acceptance of bids. In such cases, the auction house reserves the right to cancel any bids awarded within 14 business days and to re-auction the item.
(8) If an auctioned item is not paid for within 14 days, the auctioneer may revoke the bid and award it to the next highest bidder.
§ 13. Purchase price, payment, transfer of ownership
(1) Buyers are obliged to pay the full purchase price of the auctioned items within 14 days of receiving the invoice, which will be sent by email. If the buyer fails to meet this deadline, the auction house may charge interest on arrears.
(2) If the buyer fails to meet their payment obligation, the auction house reserves the right to cancel the bid. The auction house shall decide whether the item will be auctioned again or whether the bid will be awarded to a bidder who has submitted a lower bid. The buyer who has not fulfilled their payment obligation may be charged a penalty of 25% of the purchase price, regardless of fault.
(3) A uniform surcharge is added to the hammer price (highest bid), which is composed as follows:
a) In the case of differential taxation, a surcharge of 28% including VAT is added to the hammer price.
b) In the case of normal taxation (marked with a "#" in the catalog), a surcharge of 24% is added to the hammer price. The statutory sales tax of 13% is added to the sum of the hammer price and the premium for paintings and sculptures, and 20% for all other items.
(4) Items purchased at auction will only be delivered by the auction house once they have been paid for in full by the buyer.
(5) Ownership of the items is only transferred to the buyer once the purchase price has been paid in full.
§ 14. Resale right
For items by living artists and those who have been dead for less than 70 years, the statutory resale right fee (marked with an "*" in the catalog) is added to the purchase price. The resale royalty shall only apply if the purchase price exceeds €2,500.00. The resale royalty shall be paid as follows:
a) 4% of the first €50,000.00 of the purchase price
b) 3% of the next €150,000.00
c) 1% of the next €150,000.00
d) 0.5% of the next €150,000.00
e) 0.25% of all further amounts
The maximum resale royalty fee is €12,500.00.
§ 15. Collection of auctioned items
(1) Unless otherwise agreed, buyers are obliged to collect the auctioned items within 3 calendar weeks after the last day of the auction. Items not collected during this period will be stored or removed from storage at the buyer's expense. If items are not collected within 12 months, they may be re-auctioned at the buyer's expense.
(2) Within the collection period for auctioned items, these remain stored and insured at the auction house. Once the collection period has expired, the auctioned items are stored at the buyer's own risk.
(3) The buyer is solely responsible for the transport of the auctioned items. The auction house does not offer packaging or shipping. Upon request, the buyer will be provided with a list of suitable shipping service providers. The buyer is solely responsible for commissioning these services in their own name and at their own expense.
(4) If purchased items are not collected by the buyer within 90 days of the date of the bid, the auction house is entitled to put the auctioned item back up for auction at the buyer's expense and risk. The defaulting buyer will be treated as a consignor with regard to all fees.
§ 16. Guarantee of authenticity
(1) The appraisal and description of the items in the catalog are carried out by experts of the auction house to the best of their knowledge and belief. The auction house guarantees the authenticity of the items in the catalog as being by the named artist or creator.
(2) In order to request a refund of the purchase price for a lot due to concerns about the authenticity of the artist or creator, the buyer must provide an appraisal or expert opinion from a recognized expert for the respective artist or creator.
(3) All information in the description of the items to be auctioned, except for that provided by the artist or creator, is based on generally available scientific knowledge that has been carefully researched by the auction house's experts. The auction house does not guarantee the accuracy of the description, in particular with regard to the origin, age, era, manufacture, materials, etc.
(4) All items coming up for auction can be viewed, examined, and inspected in person by prospective buyers during the preview. By submitting a bid, the condition of the item is deemed to have been accepted; claims for damages or withdrawal due to obvious defects or defects that could have been detected during a reasonable inspection are excluded. The statutory 14-day right of withdrawal for distance selling (§ 11 FAGG) does not apply to public auctions; therefore, there is no right of withdrawal or revocation.
(5) Information on defects or damage to the items to be auctioned is only described in the catalog if these significantly affect the commercial or artistic value. The auction house does not assume any liability for the condition of the items.
§ 17. Insurance and compensation
(1) All items handed over to the auction house with its consent are insured against loss and damage until the purchase price is due or until the end of the collection period in accordance with § 15 (1). The insurance value of the items is equal to the reserve price, unless a minimum sale price (limit) has been agreed, in which case the insurance value is equal to the minimum sale price.
(2) Liability towards the consignor begins with the acceptance of the item and continues until its sale. Liability towards the buyer begins with the acceptance of the highest bid and ends at the end of the collection period in accordance with § 15 (1). In the case of unsold items, liability towards the consignor ends at the end of the period set for the collection of the items after the end of the post-auction sale.
(3) In the event of loss or total damage to an item, the insurance value shall be reimbursed to the consignor. In the case of items that have already been sold, the buyer shall be reimbursed the respective purchase price. In the event of damage to an item, the auction house shall reimburse the costs of restoration and the reduction in value as determined by the insurance company.
(4) The auction house shall only be liable for damage to the items caused by force majeure, pests, climate fluctuations, or similar circumstances in cases of gross negligence or intent.
§ 18. Payment of the sale proceeds
(1) Fourteen days after full payment for an auctioned item, but no earlier than thirty days after the conclusion of the auction, the consignor shall receive the proceeds of the sale, less all commissions, taxes, photography costs, and other fees and expenses. If a transfer certificate has been issued, payment shall only be made upon return of the transfer certificate.
(2) If a complaint is made about a sold item, the auction house is entitled to suspend payment to the consignor until the complaint has been finally resolved. However, if the buyer's complaint to the auction house is justified, the auction house may finally refuse to pay the consignor in whole or in part. If the proceeds of the sale have already been paid out, the auction house may reclaim them in whole or in part, and the consignor must refund them immediately upon request.
(3) The proceeds of the sale shall be paid out either in cash or by bank transfer.
§ 19. Purchase orders
(1) The auction house accepts purchase orders in written, telephone, or verbal form (bidding in the auction room; limited seats available by advance registration), via the Internet, or through an auctioneer. By submitting a bid, the bidder accepts the auction house's general terms and conditions.
(2) Written bids will be treated as if they were bids submitted in the auction room. The auction house will bid on behalf of the client who submitted the written bid up to their set purchase limit.
(3) The auction house reserves the right to reject bids or to disregard purchase orders that have already been received without giving reasons. The auction house accepts no liability for the error-free processing of purchase orders.
(4) Written bids must contain the following information, otherwise they will not be accepted:
a) The lot number of the item to be auctioned
b) A brief description of the item or the artist's name
c) The maximum bid (excluding commissions, taxes, or resale rights) up to which the auction house should bid
d) The name, address, email address, telephone number, and signature of the bidder
(5) If several written bids with identical maximum amounts are received, these will generally be considered in the order in which they were received. However, bids submitted via an auctioneer will be given priority.
(6) Bidding by telephone is possible if the bidder sends a telephone bid to the auction house in advance. If, for whatever reason, no telephone connection can be established, the auction house will automatically bid the reserve price of the item on behalf of the bidder.
§20. Obligation to provide proof of identity
(1) In the case of purchases and sales by private individuals via the auction house, where the invoice or payment amount is at least €10,000 (in cash or non-cash), the respective buyer or seller is obliged to provide the auction house with a copy of a valid official photo ID. In addition, the buyer or seller is obliged to complete the PEP form provided by the auction house (self-declaration of status as a politically exposed person or non-PEP in accordance with § 365n and § 365s GewO), sign it by hand, and submit it to the auction house.
(2) In the case of purchases and sales by legal entities via the auction house whose invoice or payment amount is at least €10,000 (in cash or non-cash), a current extract from the commercial register of the company must be submitted to the auction house. In addition, the PEP form referred to in paragraph 1 must be completed in full by the beneficial owner(s) of the company, signed by hand, and submitted together with a copy of a valid official photo ID.
(3) The auction house is entitled to make the execution or settlement of the respective transaction dependent on the timely and complete submission of the documents referred to in paragraphs 1 and 2.
§ 21. Place of performance and jurisdiction
(1) The place of performance for the legal relationships between the auction house and the consignors and bidders is the registered office of the auction house.
(2) All legal disputes arising shall be governed exclusively by Austrian substantive law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The Distance Selling Act is excluded without giving reasons. The items will be exhibited shortly before the auction and can be viewed in person.
(3) The place of jurisdiction for all disputes arising directly or indirectly from an auction transaction is exclusively the Austrian court with local and subject-matter jurisdiction for Vienna. For consumers within the meaning of the Consumer Protection Act, this agreement shall only apply if they have neither a domicile nor a habitual residence in Austria and are not employed in Austria, and if no other regulations preclude this.
These terms and conditions shall enter into force on September 16, 2025.
Shipping Terms
TIBERIUS-AUCTIONS does not offering shipping. We provide a list of trusted local and International professionals who have offered their services.
Worldwide shipping:
Mail Boxes Etc.
Teichmann OG
Lamezanstraße 9
Tel. +43 1 996 94 87 - 0
[email protected]
Worldwide shipping:
Pack&Weg!
Kettenbrückengasse 5, 1050 Wien
Tel. +43 720 552 727 550
[email protected]
Austria:
Pempertransports
Perfektastraße 81, 1230 Wien
Tel. +43 650 40 20 108
[email protected]
Germany, Switzerland, Netherlands, France, Belgium, Scandinavia:
Fegers GmbH Service for Art and Trade
Moldenweg 5
D-21339 Lüneburg
Tel. +49 4131 727 525
Mobil +49 171 770 50 18
[email protected]
Italy, Spain, Portugal, France and Benelux:
Gugel srl
Via Papa Giovanni XXIII
31020 Sernaglia d. Batt
Tel. +39 335 52 73 742
[email protected]
TIBERIUS-AUCTIONS will not release items to any shipper until your auction invoice has been paid.
All items must be picked up, or shipping arrangements made, within three weeks of the day of sale. NOTE: Items left here more than three weeks will incur storage fees at a rate of € 10.00 per lot per day (this rate applies to all items regardless of size or value).
