Auktionshaus Mette
Owner: Stephanie Mette-Ernst
Appraiser of Art and Antiques. Gemstone and Diamond Expert,
Certified Expert, Auctioneer
Lehmweg 55, 20251 Hamburg – Eppendorf
Conditions of Sale
By submitting a bid, the bidder agrees to the following auction and sales conditions.
Important notice for consumers!
At our publicly accessible auctions, consumers do not have a right of withdrawal even if the contract is concluded solely by means of distance communication; § 312g para. 2 no. 10 German Civil Code (BGB). In addition, the supplementary provisions on consumer sales contracts do not apply. This particularly concerns warranty rights for defects, sales by dispatch, and other special provisions (cf. §§ 474 et seq. BGB).
- The auction is conducted voluntarily and publicly in the name and for the account of the consignors, who shall remain anonymous during the auction. The auction house acts as intermediary. It is entitled, even after the auction, to refuse disclosure of the consignor’s identity, provided that it assumes joint and several liability for any obligations of the seller.
- All objects offered at auction or by private treaty are without exception second-hand and are sold in the condition they are in at the time of the fall of the hammer or at the conclusion of the private treaty sale. No liability is assumed for visible or hidden defects. Prospective buyers are obliged to examine the objects during the preview and to review any available expert reports, for the accuracy of which no liability is assumed. Prospective buyers may also obtain expert opinions at their own expense, provided this does not jeopardise the auction date. Written and oral descriptions of objects in the auction, private sales, and in the printed or digital auction catalogue are prepared to the best of knowledge and belief and serve solely as information. They do not constitute warranted characteristics and are not guaranteed by the auction house.
- The liability of the auction house as intermediary is excluded, unless its owners, representatives or agents are guilty of intent or gross negligence. This limitation of liability does not apply to damages arising from injury to life, body or health caused by negligent breach of duty or by intentional or negligent breach of duty by a representative or agent, nor does it apply to breaches of cardinal obligations (obligations essential for achieving the purpose of the contract) or damages resulting from delay.
- At the auction, the lot will be knocked down to the highest bidder after being called three times. There is no entitlement to a successful bid. Bidding usually starts at the reserve price stated in the catalogue. Bids are submitted in euros and generally increase in increments of 10%. If two or more persons simultaneously submit the same bid and the auctioneer’s request for a higher bid remains unsuccessful, the auctioneer shall decide. If a bid submitted in due time has inadvertently been overlooked, or if there is uncertainty about the knockdown, the auctioneer is authorised to cancel the knockdown and to re-offer the lot.
- To obtain a bidder number, presentation of an identity card is required. The auction house reserves the right to demand, in addition, a credit card number or a cash deposit. In accordance with the German Anti-Money Laundering Act, the auction house is obliged to identify buyers and prospective buyers for the execution of the mandate and to document and retain the information. The duty to cooperate includes, in particular, presenting valid identification documents (identity card, passport, substitute ID). The auction house is entitled, in compliance with data protection law, to copy or scan and retain the documents. In the case of legal entities or partnerships, an extract from the commercial or cooperative register (or equivalent) must be presented. Buyers and prospective buyers warrant the accuracy of their information.
- Upon the fall of the hammer, the buyer is obliged to accept the purchased object and to pay the purchase price. In case of doubt, the auction record is decisive as to the hammer price. The knockdown may be subject to reservation, particularly if the reserve has not been met (underbids). In such case, the bidder remains bound to their bid for a period of three weeks. Any packaging, shipping, and insurance costs that may arise will be charged in addition. All shipments are made exclusively at the expense and risk of the buyer. Shipping instructions must be given in writing. Insurance of the goods will only be effected upon express request of the buyer. Upon the fall of the hammer or conclusion of a private treaty sale, the risk of total or partial loss or damage to the auctioned or purchased objects passes to the buyer, although ownership is acquired only upon full payment of the total invoice amount. The auction house is not liable for the goods after the fall of the hammer or the private sale, except in cases of intent or gross negligence.
- The purchase price falls due upon the fall of the hammer and must be paid to the auction house within ten days. Extensions of time for payment are not permitted. The purchase price consists of the hammer price, a 20% buyer’s premium, and VAT at 19% on the premium. Since VAT is charged only on the premium as a service fee, refunds in the case of export by private buyers (EU and non-EU) are not possible. For live bidding via online platforms (e.g. lot-tissimo, Invaluable, Drouot, Live Auctioneers etc.), the platform’s respective fee (usually 5% of the hammer price plus VAT) is payable in addition and will be itemised separately. In the event of payment default, the auction house reserves the right to take legal action after two reminders. Invoices issued during or immediately after the auction are subject to verification and possible correction; errors excepted. Delivery of acquired objects is subject to prior payment of the purchase price for all lots purchased. Ownership passes only upon full payment and delivery.
- Identical written bids will be considered in the order of their receipt. The catalogue number indicated is decisive without exception. The bids submitted are regarded as maximum bids for the knockdown. The buyer’s premium will be added separately. Telephone bidders will be called before the lot they wish to bid on is offered, provided that a written request is submitted at least 24 hours before the start of the auction. Submission of a telephone bid request is deemed to constitute a bid at the reserve price, even if the bidder cannot be reached at the time of the call. The auction house assumes no liability for establishing or maintaining a telephone connection. The provisions on distance contracts pursuant to §§ 355 BGB do not apply, as § 312g para. 2 BGB applies (see notice before section 1). The auction house reserves the right to exclude persons from the auction without stating reasons.
- Place of performance is the registered office of the auction house (Hamburg). If the buyer is a merchant or has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes shall be the registered office of the auction house. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Objects from the period of the Third Reich are only sold for the purposes of civic education, the prevention of unconstitutional activities, art, science, research, or teaching, reporting on historical or current events, or for similar legitimate purposes (§§ 86a, 86 German Criminal Code). The auctioneer offers these objects solely under this condition. By submitting a bid, the bidder expressly acknowledges this.
- Additional or deviating agreements must be made in writing. Should any of the foregoing conditions be or become invalid, a provision shall apply which corresponds to the meaning and, in particular, to the economic purpose of the invalid provision. The validity of the remaining conditions of sale shall not be affected thereby.
Version as of 09/2025