CONDITIONS OF SALE
All bidders participating in any of Karabela Auctions GmbH auctions agree to the conditions of sale as stated below:
1. Karabela Auctions GmbH acts as commissioner for unnamed consignors. All business is conducted in Euro.
2. All lots may be examined during viewing days in time and place specified by Karabela Auctions GmbH before the auction. Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of description. Lots cannot be sent to prospective bidders for purposes of their inspection. All lots are sold „as is“, with all faults, imperfections and errors of description. Prospective buyers submitting written „order bids“, may file complaints within 6 weeks after sale, however, this in no way entitles them to delay final payment. Catalogue descriptions are made as conscientiously as possible, nevertheless, no statement shall be deemed as a warranty. No guarantee as to the operation or firing condition of any weapon offered for sale is made by Karabela Auctions GmbH.
3. All oral and/or written information provided to bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of Karabela Auction GmbH opinion and not representations of fact.
4. Karabela Auctions GmbH reserves the right to rearrange, separate, exclude or withdraw any lot without giving a reason.
5. Karabela Auctions GmbH has absolute discretion to refuse participation of any bidder in auction. Bidders must complete online registration form and supply such information and references as Karabela Auctions GmbH requires. Karabela Auctions GmbH will use information supplied by bidders or otherwise obtained lawfully by Karabela Auctions GmbH for the provision of auction related services, client administration, marketing and as otherwise required by law.
6. Order bids will be handled carefully and at no additional charge, however, without warranty. Telephone bidding may be recorded.
7. A lot goes to the highest bidder. However, the auctioneer may refuse any bid submitted either in person or by mail, if said bidder is unknown to him, does not have a satisfactory reference or has not made a sufficient deposit prior to the auction. Likewise, the aforementioned right of refusal also applies to a customer, whose account has not been settled in full at auction time. Identical bids will be decided by drawing lots. Bidding may be renewed on any items in dispute.
8. The successful bidder is obligated to take and pay for the lot. From then on, he bears all risks, however, until full payment, the lot remains the property of Karabela Auctions GmbH. Commission charges are 15 % including V.A.T. The V.A.T. is not refundable. Payment is due in Euro, within 10 days after receipt of our invoice. The invoice will be sent to the address specified after the auction.
If you indicated an email address, a copy of the invoice will be sent to you beforehand for your information. Checks are only accepted on special arrangement and must cover the total amount due, including all bank charges. The exchange rate indicated by the bank on our statement is the sole basis for settlement. Any overpayment will be credited towards future purchases or refunded upon request. Payment may also be made by the following credit cards: Visa, Mastercard. An additional administrative charge of 2.9 % will be added. When paying by PayPal, administrative charge of 4,8 % will be added. A buyer acting as agent for a third party may be held responsible, as well as the third party, in whose name the invoice is made out.
9. It is understood that invoices issued during or immediately after the auction are subject to confirmation and may subsequently require correction.
10. No lot may be claimed until the respective invoice has been paid in full. Should the buyer fail to fulfil his payment obligations within 2 weeks after invoice date, he is automatically in default and as a consequence, the invoice amount rises by 2 %, plus possible reminder and/or collection charges and interest of 1 % per month. Karabela Auctions GmbH may resell or store a lot at the buyer’s expense, if he fails to pay on time. Moreover, Karabela Auctions GmbH reserves the right to withdraw from the contract if the buyer has not paid his purchase/s in full and/or collected it/them within the granted time limit. In that event Karabela Auctions GmbH shall be entitled to compensation for damage from the buyer for failure to fulfil the contract. Such compensation shall consist of at least a lump sum equal to forty per cent (40 %) of the sale price. The buyer, however, has the right to demonstrate that Karabela Auctions GmbH has suffered damage to a lesser value than the said forty per cent of the sale price, or no damage at all. Similarly, Karabela Auctions GmbH has the right to demonstrate that the damage suffered is greater in value than the said forty per cent of the sale price.
11. Karabela Auctions GmbH is not obligated to repurchase or insure lots left on its premises after sale. All consignments are made at the buyer’s risk and expense. In case of shipping damage or loss, it is the buyer’s obligation to file claim with the post office or shipping agents. If the buyer fails to do so, the insurance company can not be held responsible for the loss.
12. Karabela Auctions GmbH is not responsible for any malfunction, error or misunderstanding resulting from a voice or data communication.
13. Any item in possession of the auctioneer may be kept as security until the customer’s account is settled in full.
14. Karabela Auctions GmbH reserves the right of excluding any person from the auction without explanation.
15. All foregoing conditions also apply to unsold lots.
16. All questions, contestations and controversies arising out of the auction contract as well as out of all other commercial relations between Karabela Auctions GmbH and the buyer or between Karabela Auctions GmbH and the seller shall be settled exclusively in accordance with the rights, privileges and duties of both parties as defined and enforced by Austrian law. Place of jurisdiction for all parties is Vienna, Austria.
17. Items dating from before 1947 and containing materials from endangered species (see the Convention on International Trade in Endangered Species) are considered as antiques and are permitted for trade in the EU without requiring an exemption from the ban on commercial use. However, an export permit is required for the export/re-export to non-EU member countries. Karabela Auctions GmbH will apply for this document at the appropriate authority.
18. Items dating from between 1947 and 1975 (that is before the CITES agreement came into force) and consisting partially or entirely of materials from endangered species are not considered as antiques. They, as well as unmodified tusks of African elephants, rhinoceros horns, corals etc., may be exempt from the ban of commercial use if evidence exists that the item is of legal origin or that the owner or a third person possessed the item before the species from which it derives was listed as “subject to special protection” (besonders geschützt). If no documents are available to provide sufficient proof of the date of purchase (or when the specimen was taken from the wild), an affidavit or a testimony given under oath may be submitted to verify that the respective item had been in the possession of the owner before the species from which it derives became listed as “subject to special protection”.
19. Processed ivory imported between 27.02.1976 and 17.01.1990 may be permitted for trade in the EU on presentation of an exemption from the ban of commercial use, however the exportation to a non-EU member country is not approvable.
20. In promising cases (that is if stylistic characteristics clearly indicate that the item dates from before 1947 or if photographs and/or affidavits prove unequivocally that the material was taken from the wild and/or processed before the CITES agreement came into force), Karabela Auctions GmbH can apply for the exemption from the ban on commercial use) and other possibly necessary export permit(s) for a fee of € 150. This process may take up to 6 months. All costs ensuing from the issue of these documents will be charged to the buyer.
21. Buyers are reminded that they are responsible for inquiring about and adhering to any relevant national import regulations prior to bidding.
22. Objects which are classified as cultural goods according to the EU Regulation on the export of cultural property (EEC No. 3911/92, Official Journal No. L395 of 31/12/92) require an EU license to be exported from the European Community. This regulation concerns a multitude of items depending on their age and value, like for example archaeological objects over 100 years old of all price levels. Other items like single pieces from zoological, botanical, mineralogical, anatomical collections are subject to less severe conditions. Arms with a value below € 50.000 and an age under 50 years do not require any export permit according to the above EU Regulation.
23. Karabela Auctions GmbH urgently suggests that buyers check on the above mentioned EU Regulation No. 3911/92 and their national import regulations. The buyer bears the sole responsibility for bids on items for which an export or import permit cannot be obtained. In the case of denial of any export or import license or delay in obtaining such licenses, the buyer is still responsible for full and final payment of the total purchase price for the lot(s). No restriction whatsoever shall justify the rescinding of any sales contract.
24. Karabela Auctions GmbH is prepared to apply for any necessary export permit(s) at a fee of € 50. The duration of this procedure can take up to 6 months.
25. If any part of these conditions of business is held to be unenforceable or invalid, the remaining parts shall remain in full force and effect.