Fine Jewels

GENERAL INFORMATION

Conditions
Please note that the objects offered in the catalogue show signs of age-related use. These are not explicitly listed in the catalogue descriptions. The absence of such a reference does not exclude the possibility that such a lot may have damages or restorations. The condition of the offered objects can vary considerably depending on their age and history.

Specifications of Alloy Content and Weight Determination
The alloy content of unmarked as well as unstamped precious metals are examined with gold acid tests. The term »total weight« refers to the jewel or the group in its entirely, including precious metals, stones, and organic substances. The carat (weight) determinations of diamonds and other precious stones are calculated in their present state using the Presidium Electronic Gemstone Gauge or based on an attached examination, which should be used for guidance only. Discrepancies in the examination of diamonds and precious stones may result. VAN HAM assumes no responsibility for these differences. The calculated carat value is approximate (denoted by »circa«). VAN HAM is not responsible for any discrepancies within reasonable limits.

Treatment of Precious Stones
Conventionally, gemstones have been treated with different technical processes to enhance their color or improve their general appearance. Rubies and sapphires were usually heated, while emeralds were treated with oil or resin to improve color and purity. These and other techniques such as coloring, irradiation, coating, and impregnation may be applied to other gemstones. Although it is widely believed that heat treatments are permanent, buyers should assume that any treatment might subside and that a gemstone may require special care over a longer period of time. We wish to remind potential clients that, in the event that no specific note about the natural state of the stone has been made in the catalogue description, we presume a possible prior treatment and that such a treatment is not necessarily permanent. Our estimates take this into account.

Specifications in Appraisals
In the event that VAN HAM possesses laboratory reports indicating specific details about the treatment of a stone, these reports will be shared with potential clients. Extant reports from internationally recognized gemological laboratories would be noted in the catalogue description of the object. New types of treatments and new scientific methods of detecting these treatments are constantly being developed. As a result, there may be discrepancies between laboratories as to particular treatments, the nature of such treatments, as well as their durability. Such statements or reports from gemological laboratories are for guidance only. VAN HAM is in no way responsible for errors or omissions in these documents, or in any supplemental reports.

Condition Reports
Information about the condition of lots is usually provided in catalogue descriptions. However, a lack of information does not indicate the immaculate condition of a lot, or that it is blemish-free. VAN HAM gladly advises its potential clients about any lot included in its auctions. Please contact one of our specialists. Contact information can be found in any auction catalogue.

Measurements
The measurements are in order of height, width, depth. For two-dimensional works height before width.

PLEASE NOTE

The catalogue information is a partial reproduction of the text contained in VAN HAM’s published catalogue for the sale for which you have requested access and is available to our visitors for their convenience. Certain important information and notices contained in the published catalogue may not be included in the catalogue text available online. Please note that the published version of the catalogue constitutes the original source material for the catalogue information you have requested. To the extent that there is any difference between the published catalogue and the catalogue information available to you online, the terms of the published catalogue will prevail. The text contained on this site may be modified at any time during the pre-sale period, lots may be added or withdrawn and important announcements concerning lots or the terms under which they are offered may be made or circulated to bidders at the actual auction. VAN HAM is not responsible for any errors or omissions contained in the catalogue material you have requested. The catalogue information may be amended by written notice posted during the exhibition prior to the sale or by an oral announcement made during the sale. VAN HAM retains exclusive copyright to the catalogue information you have requested. You may not duplicate or otherwise reproduce the catalogue information without the express written permission of VAN HAM.

EXPORT

Export
Exports to third (i.e. non-EU) countries will be exempt from VAT, and so will be exports made by companies from other EU member states if they state their VAT identification number. Persons who have bought an item at auction and export it as personal Luggage to any third country will be refunded the VAT as soon as the form certifying the exportation and the exporter’s identity has been returned to the auctioneer. Our staff will be glad to advise you on the export formalities. Export to countries outside the European Community is subject to the restrictions of the European Agreement for the Protection of Cultural Heritage from 1993 and the Unesco conventions from 1970.

Export from the EU:
Proof of lawful export at the customs is obligatory if the overall value is € 1,000 or more. For preparing the documents of proof we will charge € 25. Art work that are older than 50 years and exceed the following values need an additional permit by the State Ministry of Culture:

• Paintings with a value of € 150,000 or more
• Water colours, gouaches und pastels with a value of € 30.000 or more
• Sculptures with a value of € 50.000 or more
• Antiques with a value of € 50.000 or more

Export within the EU:
The new Act to Protect German Cultural Property against Removal (Kulturgutschutzgesetz, hereafter KGSG) has come into effect on 6 August, 2016 also for exports into another EU country. Art works that are older than 75 years and exceed the following values need an additional permit by the State Ministry of Culture:

• Paintings with a value of € 300,000 or more
• Water colours, gouaches und pastels with a value of € 100.000 or more
• Sculptures with a value of € 100.000 or more
• Antiques with a value of € 100.000 or more

VAN HAM will apply for the export license at the State Ministry of Culture which according to the KGSG shall be approved within 10 days. If you have further questions, please contact Olga Patriki (o.patriki@van-ham.com. phone: +49 (221) 925862-152).

Cites
Objects marked with a ‡ are made of materials, for whose export into countries outside the EU contract area a permission due to Cites regulations is necessary. We point out that such a permission is usually not given.

PURCHASES

Rules on the sale of consumer goods (§§ 474 ff BGB) do not apply
Our auctions are publicly accessible auctions within the meaning of Section 312g (2) number 10) of the German Civil Code (BGB) in which we only sell used items. Therefore the regulations for the purchase of consumer goods, §§ 474 ff BGB, do not apply according to § 474 Abs. 2 S. 2 BGB. This means that the various special consumer protection provisions of §§ 474 ff BGB (e.g. certain notification obligations, facilitation of evidence) do not apply to a purchase contract concluded by you within the context of the auction. You are therefore not entitled to exercise the rights regulated there.

Catalogue mailing
We will be happy to send you our latest catalogue which you may order by telephone +49 221 925862-104 or via our home page (www.van-ham.com) and pay by credit card. You may also order a catalogue subscription.

Preview
All items to be auctioned may be inspected at our premises during our preview. Our experts will be available for any questions you might have.

Registering for Auction
In the event that you are bidding at VAN HAM for the first time, please register as a bidder at least 24 hours before the auction begins by filling out the relevant “Registration Form for First Time Bidders”, which can be found on our homepage under the rubric “Buy”.

Commission/Telephone/Live Bids
Please note that written or faxed bids or bids via our online catalogue must be received at least 24 hours before the auction commences. Otherwise we will not be able to warrant consideration. The stated maximum bid will only be exploited until the reserve has been achieved or a bidder at the auction resp. other written quotations are outbid. On lots with estimates exceeding € 500 you are also able to bid by telephone. To submit your bid please use the bidding form at the end of the catalogue. Via My VAN HAM you can participate live and securely in our auctions. Please register anew before each auction and at least 24 hours before each auction.

Announcement and bidding steps
The objects listed in the catalogue will be offered for sale approximately 20% below the estimated price i.e. usually below the reserve. Auctioning will progress in max. 10%-steps; the auctioneer reserves the right to deviations.

Buyers premium
For objects sold under the margin scheme a buyers premium of 32% on the first € 500,000 and 27% on all monies in excess thereof including VAT will be added on the bid award. This includes statutory VAT, which will, however, not be listed separately due to the margin scheme as per § 25a UStG (German Sales Tax Act). Lots marked with * will be sold with VAT and are calculated in line with standard taxation, i.e. statutory turnover tax is levied on the bid price plus 25% premium on the first € 500,000 and 21% on all monies in excess thereof. VAT currently amounts to 19%. Dealers who are entitled to prior-tax deduction generally have the option of regular taxation. We kindly request these dealers to inform us before invoicing. If the customer has purchased the item by live-online bid via an external platform (e.g. www.the-saleroom.com), VAN HAM will charge a fee of 3% to compensate for the resulting third-party costs, for a live-online bid via the VAN HAM platform (My VAN HAM) a fee of 0% will be charged.

Artist’s Resale Right
In accordance with § 26 of the German Copyright Law (UrhG) VAN HAM is legally obligated to pay droit de suite (artist’s resale right) on all original works of art as well as original photographic works, whose authors have not been deceased at least 70 years before the end of the legal year of purchase. The buyer is currently required to contribute 1.5 % of the hammer price for this purpose.

Acquisition from third countries
Objects, that have been imported from outside the EU are marked with “N”. When VAN HAM releases such property to the buyer, he/she will become the importer and must pay VAN HAM’s import VAT of currently 7% to VAN HAM. These lots will be invoiced under the margin scheme and are thus offered under on-charging the import VAT as apportionment in the amount of 8%. Upon request immediately after the auction the invoice for these objects can be made out with regular taxation. The value added tax can then entitle to deduct pre-tax or be refunded with an export certificate for a third country.

Payment
Payment of the total amount shall be made via Electronic Cash, by wire transfer or by bank certified cheque. VAN HAM is sending the invoice by email together with a paylink. This gives you as a customer from a third country the possibility to pay with credit card via Klarna. Cheques shall only be accepted on account of performance. Any taxes, costs, transfer or encashment fees (including any bank fees charged to VAN HAM) shall be borne by the buyer. Payments from € 10,000 per calendar year will be registered according to legal requirements. Payments can only be made by the person named on the invoice. We charge a processing fee of € 25 for any changes afterwards. In the event of a delay in payment, delay interest shall be charged at a rate of 1% per month begun.

Pick-up
Paid objects may be picked up during the auction. In case of pick-up at a later date, we kindly request notification in order to avoid waiting times. Objects not picked up three weeks after invoicing at the latest may be stored at the purchaser’s expenses.

Shipment/Export licence
Upon receipt of a written shipment notification, shipment will be made to the best conditions possible and will be insured upon request. For shipment to a NON-EU-country in case of invoices of more than € 1,000 export documents have to be presented at costumes which we will prepare for your for a fee of € 25.

Auction results
Auction results are transferred in real time to the online catalogue. No responsibility is taken for the correctness of the results. List of results and unsold items will be mailed upon request. Starting the first workday after the auction, you may enquire about the results and find them at www.vanham.com (telephone: +49 221 925862-0).

After sale
Starting the first day after the auction, the unsold objects may be inspected at our premises and may be purchased at the estimate plus premium.