Here you will find the general terms and conditions of our book and art auctions
GENERAL TERMS AND CONDITIONS OF OUR BOOK AND ART AUCTIONS
The auction is conducted voluntarily on the basis of consignors’ instructions. The Auction House acts as commission agent in its own name and for the account of its principals (consignors), whose identities remain undisclosed. The list of consignors is located at the end of the catalog. The auction is conducted against immediate cash payment or bank transfer. Payments by absentee bidders who have submitted written, email, or telephone bids are due within 14 days after the invoice date. In case of discrepancies or conflicts between different language versions, only the German version of these Terms and Conditions shall be authoritative and prevail.
The customer agrees that their personal data, in particular name, address, and information regarding their purchases, may be electronically stored and processed by Jeschke Jádi Auction House for the purpose of fulfilling the contract as well as for information about future auctions and offers.
The lot shall generally be opened at two-thirds of the estimate, unless a minimum sale price (reserve) set by the consignor prevents this. Bidding increments are in the range of 5 to 10 percent. The lot shall be knocked down after three calls to the highest bidder. The auctioneer is entitled to reject written or oral bids without justification or to award a lot subject to reservation; in the latter case, the bidder shall remain bound to the bid for two weeks. If multiple bidders submit identical bids and no higher bid is forthcoming after three calls, the decision shall be made by lot. The auctioneer may withdraw the hammer and re-offer the item if a timely bid was inadvertently overlooked, if the highest bidder will not accept their bid, or if other doubts regarding the award exist.
The auctioneer reserves the right to auction catalog numbers out of sequence, to separate, combine, or withdraw items. The auction is conducted by a natural person holding an auctioneer’s license; designation of this person is at the auctioneer’s discretion. The auctioneer or the Auction House is entitled to appoint suitable representatives pursuant to Section 47 of the German Trade Regulation Act (GewO) to conduct the auction. Claims arising out of or in connection with the auction exist only against the auctioneer.
A buyer’s premium of 28.95% shall be added to the hammer price, which includes statutory value-added tax without separate disclosure (margin scheme). For lots marked with an “*” in the catalog, a buyer’s premium of 24.95% shall be charged on the hammer price, plus 19% VAT only on the premium, and the prevailing VAT on the object itself—currently 7% (reduced) or 19%—(standard taxation). For buyers outside the EU, a 24.95% premium on the hammer price shall be charged (tax-free). For all original works of fine art and photography whose creator died less than 70 years ago, an additional levy currently of 2% (subject to change) on the hammer price shall be charged for VG Bild-Kunst pursuant to Section 26 German Copyright Act.
For German businesses entitled to deduct input VAT for books and art objects, the final invoice may upon request be issued under normal taxation. For foreign buyers outside the EU—and for businesses within the EU providing their VAT ID number as proof of entitlement to tax-exempt intra-community delivery—no VAT will be charged if shipment is handled by us. EU buyers not meeting these criteria will be charged VAT. If goods are collected in person, VAT must be charged. Invoices issued during or immediately after the auction are subject to verification and possible correction. Errors excepted. If a standard-taxed item is sold and delivered to a private customer in another EU Member State, the VAT regulations of the destination country shall apply under Section 3c German VAT Act. For payments exceeding €10,000, Jeschke Jádi is required under Section 3 of the German Money Laundering Act to make and retain a copy of the purchaser’s photo ID; this also applies where multiple invoices cumulatively exceed €10,000. For purchasers taking items to non-EU countries personally, VAT will be refunded once proof of export and recipient is provided. Invoices are sent by email unless the bidder expressly requests postal delivery. Requests for changes to the invoice—such as issuance in a name other than the bidder’s—must be made immediately after the auction in writing and are subject to successful identity checks for both the original bidder and the new named party under Section 1(3) of the German Money Laundering Act. Invoices are issued only to persons responsible for payment.
5.a. When using live bidding via online auction platforms, third-party fees of 3–5% (plus VAT) will be charged in addition to the buyer’s premium.
5.b. The auctioneer assumes no liability or warranty for the continuous, disruption-free availability and usability of websites, internet, or telephone connections. The auctioneer will make reasonable efforts to contact a telephone bidder at the number provided during the auction, but is not responsible if such bidder cannot be reached or if connection disruptions occur.
The fall of the hammer obligates the purchaser to accept and pay for the lot. Agents are liable in this respect for their principals. Title to the auctioned property passes only upon full payment; risk of damage, however, transfers to the purchaser upon the fall of the hammer.
Auctioned property will be released only after full and expense-free payment has been received by the seller. Storage and shipment are at the purchaser’s expense; costs for shipping, packaging, and transport insurance shall be included in the total invoice. Any shipment of auctioned items at the purchaser’s request occurs at the purchaser’s risk. Framed lots will only be shipped with frame and glass at the express request and risk of the purchaser due to breakage risk. The Auction House will, where possible, assert claims for shipping damage against the carrier for the client. Upon delivery, purchasers acting in the course of business must inspect items immediately for damage and notify the carrier; later claims for non-concealed damage are excluded. If the carrier or insurer refuses settlement, Jeschke Jádi is not obliged to reimburse the purchaser. In case of payment default, the Auction House will charge default interest at the customary bank rate, but at least the statutory default interest rate under Sections 288, 247 German Civil Code, without prejudice to further claims, including legal costs. The auctioneer may demand either performance of the purchase contract or, after setting a deadline, damages for non-performance. Such damages may be calculated by re-selling the item in a new auction, with the defaulting purchaser—whose rights from the previous purchase are extinguished and who will not be permitted to bid again—liable for any shortfall and for all costs of the re-auction, including auction house fees. The purchaser has no claim to any surplus.
Warranty claims are excluded. All items offered may be viewed and inspected at the times stated. Items are used; unless otherwise stated, their condition is good and commensurate with age. Prior owner marks such as inscriptions, bookplates, or stamps and minor age-related defects may not always be mentioned. They are sold in the condition they are in at the fall of the hammer. Catalog descriptions, made to the best of knowledge and belief, are not contractual guarantees of quality in the legal sense. Periodicals, serial works, multi-volume sets, lots, and collections are not fully collated, though immediately apparent defects are noted. Condition reports provided upon request are for orientation only and reflect the auctioneer’s opinion. For purchasers acting in the course of business, the auctioneer accepts no liability for defects where he has met his duty of care in describing items. Catalog holders, participants, and bidders affirm that any items from the Nazi era pictured in the catalog are acquired exclusively for civic education, defense against unconstitutional endeavors, art, science, research, teaching, reporting on events of current interest or history, or similar purposes (Sections 86a, 86 German Criminal Code). Jeschke Jádi Auctions GmbH sells such items only under these conditions.
After the fall of the hammer, attributions and conditions cannot be contested; completeness claims must be made in writing within 5 days of receipt. Claims made up to 5 weeks after the auction will be addressed as a matter of goodwill. Later justified completeness complaints will, within a 12-month limitation period, be asserted by the auctioneer against the consignor; in the event of successful recourse, the auctioneer will refund the purchase price paid (including buyer’s premium); any further claim is excluded. Return of a purchased lot requires that it be in unchanged condition since the auction.
Bids may be submitted before the auction in writing or by email. They will be used only to the extent necessary to outbid other bids.
Written commissions are undertaken by Jeschke Jádi free of charge to the client. Telephone, telegraph, and telex orders require written confirmation. Telephone bids or internet bids during the auction require prior registration and approval by the auctioneer. Telephone bids are accepted only if the bidder undertakes to bid at least the minimum price notified for the lot. Even if the connection is not made, such a bid is binding at the minimum price. The Auction House assumes no warranty for the availability of telephone or online communications, nor liability for absent or incomplete bids due to technical or other disruptions. No liability is assumed for orders received less than 24 hours before the auction or during it. Transmission errors and postal delays are at the client’s risk. The statutory right of withdrawal and return for distance contracts does not apply to telephone and internet bids.
Place of performance and exclusive jurisdiction for merchants, public-law entities, or special public-law funds is Berlin-Mitte. German law exclusively applies; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. German law and the Cultural Property Protection Act apply. These conditions also apply to post-auction sales, which are part of the auction; the statutory right of withdrawal and return for distance contracts does not apply. Reference is made to the privacy policy on our website. The customer may set off only undisputed or legally established claims, or those counterclaims connected to Jeschke Jádi’s claim. A right of retention from other transactions with Jeschke Jádi is excluded. Where the customer is a merchant, they expressly waive rights under Sections 273 and 320 German Civil Code.
Should any provision of the foregoing be wholly or partially invalid, the validity of the remainder shall not be affected. By submitting an oral or written bid, the bidder confirms having taken notice of and accepted these Conditions of Sale.
THE AUCTIONEERS: Hans-Joachim Jeschke and Balázs Jádi
AS OF: October 2025