Overview of Fees

The sales price of the respective items listed in the Online Shop includes the Buyer’s Premium, the Contribution to the Resale Royalty Right (if required) and VAT. Auctionata charges additionally to the aforementioned sales price the Transport Costs and Transport Insurance Costs (including VAT). The total price for an item including the Transport Costs and Transport Insurance Costs will be communicated to the Client clearly on the ordering page. This means that before submitting an order subject to costs the Client will be informed regarding the total price including the Buyer’s Premium, the Contribution to the Resale Royalty Right (if required), the Transport Costs and Transport Insurance Costs and VAT.

Note:
VAT is not stated. Differential taxation according to Sec. 25a Turnover Tax Law (“UStG”) is applicable.

1. Buyer’s Premium

The sales price specified in the Online Shop in respect of a single item includes the Buyer’s Premium amounting to 23.80% (including VAT).

2. Contribution to the Resale Royalty Right

Due to the legal obligation for the resale royalty in the art market the following applies:

As a result of its membership in the AV Kunst, Auctionata charges the contribution to the AV Kunst of currently 2.1% of the revenues from the sale of fine arts and photographs pro rata towards the buyer as a part of the sales price. The price published in the Online Shop therefore contains – as far as a good has been classified as a piece of fine art or photography, which was created since the 1st January of 1900 – a pro rata contribution (plus VAT) regarding the Resale Royalty Right. Auctionata properly remits the contribution to the Resale Royalty Right to the AV Kunst.

3. Transport and Transport Insurance Costs

The Transport and Transport Insurance Costs are additionally charged to the sales price specified in the Online Shop in respect of a single item. Here applies the following:

The amount of the Transport and Transport Insurance Costs will be displayed for each item by klicking the info-button at the following text in the offer: “This price includes all taxes and duties. Add shipping, delivery and postage costs”.

When buying multiple goods, the following rule applies:

• 2-3 items: You pay the cost of shipping the largest item only.
• 4-7 items: You pay twice the cost of shipping the largest item.
• 8-15 items: You pay three times the cost of shipping the largest item.
• 15+ items: You pay the cost of shipping the largest item in every multiple of 5.

Deliveries to non-EU countries are subject to additional custom duties and import tax.

Further Information to custom duties and import tax can for example be found here:

http://www.zoll.de/DE/Home/home_node.html;jsessionid=BA5864B4CA08BA56593274FD649E3105

A buyer shall enter into payment default if he has not rendered payment within 10 days after the payment due date and receipt of an invoice; the relevant date is the date that Auctionata receives the payment into its account. Section 286 Paragraph 4 German Civil Code (“BGB”) remains unaffected. In the event of payment default, the purchase price towards buyers who are consumers shall accrue interest during the payment default period in the amount of 5% points above the respectively valid base lending rate (in accordance with the statutory directives published by the German Central Bank) plus VAT. For an entrepreneur, the interest during the payment default period shall be 8% points above the base lending rate plus VAT. The interest shall be calculated per year and charged to the current account.

In the case that the buyer is in default of payment or acceptance, Auctionata can charge the following storage fees from the beginning of delay:

The storage fee shall be charged monthly at a rate of 2.38% (including VAT) of the sales price specified in the Online Shop in respect of a single item.

A buyer shall enter into payment default if he has not rendered payment within 10 days after the payment due date and receipt of an invoice; the relevant date is the date that Auctionata receives the payment into its account. Section 286 Paragraph 4 German Civil Code (“BGB”) remains unaffected. The Buyer is in default regarding the acceptance if he does not collect the bought item at the agreed time.

The prices listed in the Auction Catalog (“starting prices”) do not include the Buyer’s Premium, the Contribution to the Resale Royalty Right (if required), the Transport Costs and Transport Insurance Costs and VAT. Furthermore bids during an auction refer to a purchase price without the Buyer’s Premium, the Contribution to the Resale Royalty Right (if required), the Transport Costs and Transport Insurance Costs and VAT. But Auctionata charges additionally to the accepted bid price (“hammer price”) the Buyer’s Premium, the Contribution to the Resale Royalty Right (if required), the Transport Costs and Transport Insurance Costs and VAT.

Note:
VAT is not stated. Differential taxation according to Sec. 25a Turnover Tax Law (“UStG”) is applicable.

1. Buyer’s Premium

The purchase price stated in the auction catalogue (“Starting price”) does not include the buyer`s premium inclusive VAT. This is also the case with the hammer price. Thus Auctionata charges the Buyer’s Premium additionally.

The amount of the buyer`s premium is calculated as follows:

• at a hammer price up to 1.000.000,00 Euro the buyer´s premium is 23,80% (including VAT)
• at a hammer price between 1.000.000,01 Euro and 2.000.000,00 Euro the buyer´s premium is 23,80% (including VAT) for the (partial) amount of 1.000.000,00 Euro and 17,85% (including VAT) for the (partial) amount between 1.000.000,01 Euro and 2.000.000,00 Euro
• at a hammer price more than 2.000.000,01 Euro the buyer´s premium is 23,80% (including VAT) for the (partial) amount of 1.000.000,00 Euro, 17,85% (including VAT) for the (partial) amount between 1.000.000,01 Euro and 2.000.000,00 Euro and 14,28% (including VAT) for the (partial) amount beginning with 2.000.000,01 Euro.

2. Contribution to the Resale Royalty Right

Due to the legal obligation for the resale royalty in the art market the following applies:

As a result of its membership in the AV Kunst, Auctionata charges additionally to the hammer price the contribution to the AV Kunst of currently 2.1% of the revenues from the sale of fine arts and photographs pro rata towards the buyer. Auctionata therefore charges additionally – as far as a good has been classified as a piece of fine art or photography, which was created since the 1st January of 1900 – a contribution currently amounting to 2.1% of the hammer price (plus VAT) as a pro rata contribution to the resale royalty right. Auctionata properly remits the contribution to the resale royalty right to the AV Kunst.

3. Transport Costs

The Transport Costs are charged additionally to the Hammer price. These costs are calculated up to an aforementioned price amounting to 5.000 Euro as follows:

Table of fees

For a price more than 5.000 Euro the costs will be announced on request.

When buying multiple goods, the goods may – if possible – be packed together on request to lower the costs for shipping.

4. Transport Insurance Costs

The Transport Insurance Costs are charged additionally to the Hammer price. These costs are calculated up to Hammer Price amounting to 5.000 Euro as follows:

The transport insurance shall cost 2.98% (including VAT) of the Hammer price plus Buyer’s Premium (including VAT).

For price more than 5.000 Euro the costs will be announced on request.

A buyer shall enter into payment default if he has not rendered payment within 10 days after the payment due date and receipt of an invoice; the relevant date is the date that Auctionata receives the payment into its account. Section 286 Paragraph 4 German Civil Code (“BGB”) remains unaffected. In the event of payment default, the purchase price towards buyers who are consumers shall accrue interest during the payment default period in the amount of 5% points above the respectively valid base lending rate (in accordance with the statutory directives published by the German Central Bank) plus VAT. For an entrepreneur, the interest during the payment default period shall be 8% points above the base lending rate plus VAT. The interest shall be calculated per year and charged to the current account.

Deliveries to non-EU countries are subject to additional custom duties and import tax.
Further Information to custom duties and import tax can for example be found here:

http://www.zoll.de/DE/Home/home_node.html;jsessionid=BA5864B4CA08BA56593274FD649E3105

Auctionata charges an administration fee amounting to 119 Euro (including VAT) per item specified in the order form in the case that the cancellation notice is given 72 hours before the auction begins.

Auctionata charges an administration fee amounting to 238 Euro (including VAT) per item specified in the order form in the case that the cancellation notice is permissibly given (at the discretion of Auctionata) later than 72 hours before the auctions begins or after the start of the auction.

In the case that the buyer is in default of payment or acceptance, Auctionata can charge the following storage fees from the beginning of delay:

The storage fee shall be charged monthly at a rate of 2.38% (including VAT) of the sales price of an item.

A buyer shall enter into payment default if he has not rendered payment within 10 days after the payment due date and receipt of an invoice; the relevant date is the date that Auctionata receives the payment into its account. Section 286 Paragraph 4 German Civil Code (“BGB”) remains unaffected.

The Buyer is in default regarding the acceptance if he does not collect the bought item at the agreed time.

At Auctionata, you can have your first five items valuated free of charge. If you would like to have more than five objects valuated, or if you have a legacy or a collection that you would like to have valuated, you can request an estimate free of charge and without obligation. We will then let you know straightaway whether a valuation would be subject to fees or not.

If you decide to have items we have valuated sold by Auctionata, and you consign the items within one year, the valuation of these items will also be free of charge.

1. Valuation Fee

For the obtaining of fee based valuations, Auctionata charges the following fee rates:

2. Transport Costs and Transport Insurance Costs

For the transport of the respective goods to Auctionata shall apply that the client has to bear the Transport Costs and Transport Insurance Costs. If agreed in writing that Auctionata organizes the transport for the client, the Transport Costs and Transport Insurance Costs will be charged and invoiced towards the client.

In the case that after an estimate Auctionata offers the conclusion of a Consignment Agreement to the client and the client rejects the offering shall apply that the client has to bear the return transport costs, too. If agreed in writing that Auctionata organizes the return transport for the client, the Transport Costs and Transport Insurance Costs will be charged and invoiced towards the client.

Transport- and Transport Insurance Costs are calculated as follows:

a. Transport Costs

The Transport Costs are charged as follows:

Table of fees

b. Transport Insurance Costs

The transport insurance shall cost 2, 98% (including VAT) of the ideal estimated value of the respective item.

For the obtaining of fee based valuations, Auctionata charges the following fee rate:

15 Euro (including VAT) for each valuation.

A client shall enter into payment default if he has not rendered payment within 10 days after the payment due date an receipt of an invoice; the relevant date is the date that Auctionata receives the payment into its account. Section 286 Paragraph 4 German Civil Code (“BGB”) remains unaffected. In the event of payment default, the fee towards clients who are consumers shall accrue interest during the payment default period in the amount of 5% points above the respectively valid base lending rate (in accordance with the statutory directives published by the German Central Bank) plus VAT. For an entrepreneur, the interest during the payment default period shall be 8% points above the base lending rate plus VAT. The interest shall be calculated per year and charged to the current account.

All Fees for Consignment shall also be contractually stipulated in the Consignment Agreement. In the event of doubt, the Consignor Agreement shall apply.

a) Sales Commission

The Sales Commission is 23,80% (including VAT) of the highest bid achieved in the auction (excluding Buyer’s Premium, Resale Rights Tax, Transport Costs and Transport Insurance Costs) or of the sales price achieved in the Online Shop (excluding Buyer’s Premium, Resale Rights Tax, Transport Costs and Transport Insurance Costs).

b) Travel Costs and other Expenses

In case that Auctionata visits the consignor at his private or business address Travel Costs and other expenses are incurred, if explicitly agreed in writing before.

c) Transport Costs and Transport Insurance Costs

For the transport of the respective goods to Auctionata shall apply that the consignor has to bear the Transport Costs and Transport Insurance Costs. If agreed in writing that Auctionata organizes the transport for the consignor, the Transport Costs and Transport Insurance Costs will be charged and invoiced towards the consignor. These are calculated as follows:

aa) Transport Costs

The Transport Costs are charged as follows:

Table of fees

bb) Transport Insurance Costs

The transport insurance shall cost 2, 98% (including VAT) of the agreed estimated value of the respective item.

d) Fee for the Termination of the Consignment Agreement before an auction or before the offering of an item in the Online Shop or before the expiration of the agreed first sales period for the sale via the Online Shop

The cancellation fee in the case of termination or whole or partial cancellation of the Consignment Agreement before an auction or before the offering of an item in the Online Shop or before the expiration of the agreed first sales period for the sale via the Online Shop shall be 29.75 % (including VAT) of the agreed estimated value of the respective item.

e) Fee for the Termination of the Consignment Agreement after an auction or after the expiration of the Consignment Agreement’s first sales period that has been agreed for the sale via the Online Shop

The cancellation fee in the case of termination, whole or partial cancellation of the Consignment Agreement after an auction or after the expiration of the agreed first sales period for the sale via the Online Shop shall be 4.76% (including VAT) of the agreed estimated value of the respective item.

f) Storage Fees

The storage fee shall be charged at a monthly rate of 2.38% (including VAT) of the estimated value of an item and shall be billed to the consignor from the beginning of the second sale period or from such a time as the consignor has failed to collect an item withdrawn from sale by the agreed date.

A client shall enter into payment default if he has not rendered payment within 10 days after the payment due date an receipt of an invoice; the relevant date is the date that Auctionata receives the payment into its account. Section 286 Paragraph 4 German Civil Code (“BGB”) remains unaffected. In the event of payment default, the fee towards clients who are consumers shall accrue interest during the payment default period in the amount of 5% points above the respectively valid base lending rate (in accordance with the statutory directives published by the German Central Bank) plus the statutory VAT. For an entrepreneur, the interest during the payment default period shall be 8% points above the base lending rate plus the statutory VAT. The interest shall be calculated per year and charged to the current account.

Auctionata may grant a consignor a cash advance of up to 20% of the calculated estimated value of the supplied items. If such an advance is granted and paid out to the consignor, it shall become interest-accruing at a rate of the 3-month EURIBOR (monthly average) that applies on the respective date that the cash advance is granted and shall be updated on a rolling basis respectively thereafter after three months (according to the publication issued by the German Central Bank) plus 6% points as a premium plus VAT p.a. (e.g. 3-M EURIBOR 11/2011 average: 1.48% + 6% premium plus 19% VAT = 8.90%) beginning on the date of payout to the consignor. The interest shall be charged to the consignor’s current account.

Due to the legal obligation for the resale royalty according to Sec. 26 German Copyright Law (UrhG) applies, that Auctionata remits the resale royalty because of her membership in the AV Kunst for the Consignor. Through this the Consignor gets relieved from his obligation to pay the resale royalty. Auctionata charges the lump-sum contribution according to the membership in the AV Kunst pro rata as a part of the sales price towards the buyer. Auctionata will hold the charged amounts in escrow and properly remit them to the AV Kunst.