By placing a bid at a Weserhalle auction, whether online or in person, you agree to be bound by the following terms and conditions. These terms are legally binding and form a contract between you and Weserhalle.
Bidding and Payment
- Binding Offer: A bid is a legally binding offer to purchase the artwork. By placing a bid, you acknowledge that if you are the successful bidder, you are obligated to complete the purchase at the final bid price.
- Payment Obligation: Successful bidders will be notified and sent an invoice. Payment in full is required within 7 calendar days of the invoice date. Payments must be made via bank transfer to the account specified on the invoice or through one of our payment gateways.
- Late Payment Penalties: If payment is not received within the 7-day period, Weserhalle reserves the right to charge a late fee of 3% of the total invoice value per month, or a portion thereof, until the invoice is paid in full.
- Default and Liability for Damages: If the invoice remains unpaid for one month (30 days), Weserhalle has the right to consider the sale void and withdraw from the contract. In this event, the buyer forfeits all rights to the artwork. Furthermore, the defaulting bidder is liable for all damages and costs incurred by Weserhalle as a result of their non-payment, including but not limited to:
- Any outstanding late fees and interest.
- Administrative costs and legal fees associated with enforcing payment or terminating the contract.
- The difference in price if the artwork is subsequently sold for a lower amount to another party.
- Costs associated with re-listing or re-auctioning the artwork.
- Right to Recover Costs: Weserhalle reserves the right to pursue a claim against the defaulting bidder for these costs and damages. The defaulting bidder remains liable for these amounts even after the original sale is canceled.
Pickup, Delivery, and Storage
- Buyer’s Responsibility: The successful bidder is solely responsible for collecting the artwork from Weserhalle within 14 calendar days of the successful bid, following the full payment of the invoice.
- No Release Without Full Payment: Weserhalle will not release any artwork to the buyer or their representative until the invoice has been paid in full and all funds have cleared.
- Storage Fees: If the artwork is not collected within the 14-day pickup period, Weserhalle will, starting from the 15th day, charge a storage fee of €75 per month, or a portion thereof. This fee is for the cost of safely storing the artwork on the buyer’s behalf and will be added to the final invoice before the artwork can be released.
- Delivery Assistance: Weserhalle may, at the buyer’s request and cost, assist in organizing third-party delivery services. However, Weserhalle is not responsible for any damage or loss that occurs during transit. All risks associated with delivery are borne by the buyer.
Warranties and Liability
- As-Is Condition: All artworks are sold “as is, where is” and are available for inspection prior to the auction. Weserhalle does not provide any warranties, either expressed or implied, regarding the condition, authenticity, provenance, or value of any artwork.
- No Liability for Defects: Weserhalle is not liable for any defects, damage, or characteristics of the artwork. The buyer accepts the artwork in its condition at the time of the sale. Any descriptions or statements provided regarding the creator, technique, signature, or other features of the artwork are based on scholarly knowledge and information provided by the consignor. Weserhalle makes no guarantees as to their accuracy.
- Final Sale & No Refunds: All sales are final. Once a payment has been made, no refunds, exchanges, or returns will be permitted.