LEGAL

Terms & Conditions

These terms apply to Bavaria Auction House auctions, bidders, buyers, sellers and professional representatives, together with any applicable auction notice or written agreement.

Definitions

In these Terms, Bavaria means Bavaria Auction House; Seller means the person or entity consigning a Lot; Buyer means the successful bidder; Lot means property offered for sale; Hammer Price means the final accepted bid excluding the Buyer’s Premium and applicable taxes; and Auction means the relevant Bavaria sale.

Age Requirement

You must be at least 18 years old to register an account, bid, buy or consign with Bavaria. By registering, you confirm that you are 18 or older. Bavaria may ask for proof of age and may decline or cancel a registration, bid or sale where this requirement is not met.

Registration of Bidders

Bidders must provide accurate registration information, accept these Terms and satisfy any account, identity or compliance requirements requested by Bavaria. Registration may be accepted, declined or suspended at Bavaria’s discretion.

Bidding

A bid is a binding offer to purchase a Lot subject to these Terms. Bidders are responsible for their bids and must review the catalogue, condition information and applicable charges before bidding.

Hammer Price

The Hammer Price is the final accepted bid for the Lot. It excludes the Buyer’s Premium and any applicable taxes relating to the auctioned Lot.

Buyer’s Premium

Under the Limited Launch Offer, a Buyer’s Premium of 8% of the Hammer Price will be charged to the successful bidder, with no VAT added to Bavaria’s premium while Bavaria is not VAT registered. The standard tariff after the launch offer is 10% of the Hammer Price.

VAT

Bavaria is currently not VAT registered, so no VAT is added to Bavaria’s Buyer’s Premium or Seller’s Commission. VAT treatment of the auctioned Lot itself, where applicable, remains separate and is stated in the relevant Lot information or auction terms.

Payment

The Buyer must pay the Hammer Price, Buyer’s Premium, any applicable taxes relating to the auctioned Lot and any other agreed amounts in cleared funds in accordance with the applicable invoice and auction terms.

Collection of Purchased Lots

Purchased Lots must be collected or released in accordance with the applicable auction terms and arrangements communicated by Bavaria. Buyers are responsible for suitable collection, transport and insurance arrangements unless otherwise agreed.

Risk and Ownership

Risk in a purchased Lot passes in accordance with the applicable auction terms. Ownership does not pass until Bavaria has received cleared payment of all amounts due and any required release conditions have been met.

Defaulting Buyers

If a Buyer fails to pay or collect a Lot, Bavaria may take steps available under the applicable agreement or law, including cancelling the sale, re-offering the Lot, retaining amounts received or recovering losses, costs and charges where applicable.

Reserves

Lots with a low auction estimate below R1,200 will ordinarily be offered without reserve. By consigning such a Lot, the Seller authorises Bavaria Auction House to sell the Lot to the highest bidder irrespective of the price achieved. For Lots with a low auction estimate of R1,200 or more, a reserve may be agreed between Bavaria Auction House and the Seller. Any reserve must be agreed in writing before the auction, remains confidential and should not exceed the published low auction estimate. Where no reserve applies, Bavaria Auction House is not liable merely because the Hammer Price is below the auction estimate.

Seller’s Commission

Under the Limited Launch Offer, the Seller’s Commission is 5% of the Hammer Price, with no VAT added to Bavaria’s commission while Bavaria is not VAT registered. The standard tariff after the launch offer is 8% of the Hammer Price. Preferential commission structures may be available for significant collections, deceased estates and high-value consignments. Rates are agreed in writing prior to consignment.

Seller Charges

Any applicable services, costs or charges payable by a Seller must be agreed or disclosed in writing before consignment. No specific charge is implied by these Terms unless it is applicable to the instruction.

Withdrawal of Lots

A Seller may not withdraw a Lot after consignment except in accordance with the applicable Consignment Agreement. Bavaria may withdraw a Lot where required by the Seller’s instructions, legal requirements, authenticity concerns, catalogue correction or operational considerations.

Unsold Lots

Unsold Lots are dealt with according to the applicable Consignment Agreement and the instructions of the authorised Seller or estate representative.

Seller Settlement

Subject to Bavaria Auction House having received the purchase price in full and in cleared funds, and subject to completion of any required verification, compliance or administrative procedures, the net proceeds due to the Seller will ordinarily be settled within 14 days after the purchaser has paid in full and the funds have cleared. Bavaria Auction House is not required to advance funds to a Seller before cleared payment has been received from the purchaser. Net proceeds comprise the Hammer Price less the Seller's Commission, applicable Lot charges or taxes, agreed charges and expenses, and any other amounts properly due under the Consignment Agreement.

Client Money and Auction Proceeds

Payments received from purchasers may be held by Bavaria Auction House pending completion of the transaction and settlement with the Seller. The treatment of funds, including any interest arising while funds are held, will be governed by the applicable banking arrangement, applicable law and the contractual terms agreed between Bavaria Auction House and the relevant parties.

Interest on Funds

No entitlement to interest is created by these Terms. Any treatment of interest arising while funds are held is subject to the applicable banking arrangement, applicable law and the relevant written agreement.

Deceased Estates

Bavaria may assess complete or partial deceased estates subject to the nature, location, quantity and estimated value of the assets. Property may only be consigned by a person with appropriate authority. Bavaria does not provide legal, tax or estate-administration advice.

Executors and Professional Representatives

An executor, attorney, fiduciary practitioner or other professional representative may instruct Bavaria on behalf of an estate or client where appropriate authority can be established. The representative remains responsible for the authority and instructions provided.

Condition Reports

Condition information is provided in good faith where available. Buyers should inspect Lots, request information and satisfy themselves as to condition before bidding. Condition descriptions do not replace personal inspection.

Estimates and Valuations

Estimates are opinions of likely auction ranges and do not guarantee a selling price. Any valuation service is subject to its specific scope and written terms.

Authenticity and Attribution

Catalogue descriptions, attributions and authenticity statements are made in good faith based on available information. Buyers should review the applicable Lot information and raise questions before bidding.

Online Bidding

Online bidding is subject to registration, platform availability and these Terms. Bavaria may refuse, correct, suspend or cancel bids where an error, irregularity, suspected misuse or technical issue occurs.

Technical Failures

Bavaria is not responsible for interruptions, delays, connectivity issues, device failures or other technical problems beyond its reasonable control. Bavaria may extend, suspend or cancel an auction where appropriate.

POPIA / Personal Information

Personal information is processed for registration, auction administration, communication, payment, compliance and related business purposes in accordance with applicable privacy law and Bavaria’s privacy practices.

Limitation of Liability

To the extent permitted by law, Bavaria is not liable for indirect or consequential loss arising from bidding, sale, collection, valuation, technical failure or reliance on catalogue information. Nothing excludes liability that cannot lawfully be excluded.

Governing Law

These Terms and the relevant auction or consignment relationship are governed by the laws of the Republic of South Africa.

General Provisions

If any provision is unenforceable, the remaining provisions remain effective. These Terms should be read with the applicable catalogue, invoice, auction notice and Consignment Agreement. Bavaria may update these Terms, with the applicable version governing the relevant transaction.

Questions about a specific auction or consignment should be raised before bidding or instruction. Contact Bavaria Auction House.