- 拍品描述
翻译
Please note this Lot is to be sold at No Reserve. 本拍品不設底價
Superbly worked in gauze with couched gold thread and satin stitch on the front and back with nine five-clawed dragons and shou medallions, amidst dense stylized clouds interspersed with bats confronting double peaches, auspicious characters and the twelve imperial symbols above the terrestrial diagram with lishui stripe at the hem, all picked out in shades of blue, green, purple, red, and ochre, and reserved on an Imperial yellow ground. With a black-ground dragon border at the collar, cuffs and mid-sleeves, and a second narrow band of stylized wan diapered design on black ground. The lack of a front and back vent and the inclusion of sleeve extensions identify this as a woman's robe.
Provenance: The Property of a Gentleman. Christie’s New York, 21-22 September 1995, lot 517. An important American collection of Chinese robes, acquired from the above. To the side, a Christie’s label, ’22 Sep 95 Sale 8220 Lot 517.’ Note that according to Christies “it appears that the Empress Dowager used all Twelve Symbols” (on her robes) “when she ruled during the minority of her son” (see the corresponding auction catalog entry from 1995).
Condition: The present robe is likely the finest example of an Imperial twelve-symbol robe that exists. It is exceptionally well-preserved and remains in superb condition overall. There are only minimal signs of wear, with very few loose threads present. There are no stains, spots, or soiling, and the robe has not suffered any material loss whatsoever. The colors of the robe are remarkably vibrant and sharp. It is important to note that this particular robe has never been exposed to sunlight or displayed. It may have been worn on one or two occasions, but certainly not more frequently. In general, the discovery of a robe in such pristine condition is an exceptionally rare occurrence.
Dimensions: Length 129 cm, Width 183 cm (across sleeves)
Expert’s note:
Very few robes have been attributed to Empress Dowager Cixi, and notably, none of them have been found in gauze fabric, let alone in mint condition. The remarkable absence of any signs of wear on this robe is a testament to its impeccable storage and care over the past 150 years. Unlike most Qing Dynasty robes discovered today, which have not been preserved across multiple generations in such a meticulous manner, this robe's pristine state suggests that the person who originally brought it from China to the West was fully aware of its historical significance.
Moreover, it is likely that this individual acquired knowledge of the robe's importance from a trusted and credible source. Considering the tumultuous period of the Boxer Rebellion in 1906 when the robe probably left the Forbidden City in Beijing, reliable sources were rare. Therefore, it seems probable that the robe was initially obtained either from someone in close proximity to the Empress Dowager or directly from Cixi herself. In either case, this person would have imparted the robe's exceptional significance to the subsequent owner, ensuring the passage of this valuable information from one generation to the next.
As a result, the present robe has consistently been safeguarded under a stringent and comprehensive regime throughout its whole journey, which elucidates its enduring pristine condition until the present day. The continued responsibility and preservation of a robe of this importance, thus, becomes an important duty for its future keepers.
Lot Essay:
Imperial clothes were designed to indicate rank and status, becoming so distinct that the wearer’s position in court could be ascertained at a glance. Yellow was considered to be the most auspicious shade, and was reserved for the royal family. Minor princes or noblemen were permitted to wear blue (the Qing dynasty’s official color) or brown, while blue-black fabric indicated the wearer was a court official. Emperor’s robes were decorated with the ‘Twelve Symbols of Imperial Authority’: the sun, moon, seven-star constellation, mountain, fu pattern, axe head, dragon, flowery creature, seaweed, sacrificial cup, flames and the grain. Civil and military officials were divided into nine ranks, from first (highest) to ninth (lowest). Each was indicated by a corresponding animal, stitched on to a rank badge, or bufu, displayed on an outer coat. Civil ranks were represented by birds, while real and mythical animals indicated military status.
The Twelve Symbols of Imperial Authority first appeared on the Manchu emperor's clothing after 1759. These symbols were superimposed on the general decorative schema of Qing court garments, losing the visual prominence they had enjoyed during the Ming dynasty. Nonetheless, they emphatically demonstrated the Qing intention of embracing the traditional role as rulers of the Chinese empire. Under the Qing, the first four symbols, notably the sun, moon, stars, and mountain, were placed at the shoulders, chest and mid-back. The symbol of distinction, notably the axe, rule, paired dragons, and golden pheasant appeared at waist level. The temple-cups, aquatic grass, grains of millet, and flames were placed at knee level on the skirts of the coat.
By edict, the twelve symbols of Imperial authority were reserved for the Emperor in the Huangchao Liqi Tushi (Illustrated Regulations for Ceremonial Paraphenalia of the Qing dynasty) published in 1766. This can be further ascertained from the absence of the symbols from the design of the court robes of the empress and even the crown prince. No other rank of noble was permitted to use all or any of the Twelve Symbols. Nevertheless, the emperor could, if he so wished, confer the right to use even this highest distinction as a mark of favor. In European and American collections, both public and private, there are a number of Qing court robes, in various colors and tailored for both men and women which bear 12, 8, 4, or even 2 of the Twelve Symbols. Most of these robes date from the second half of the nineteenth century. Those that have all Twelve Symbols and were made for women usually have a yellow ground. It seems most likely that these were worn by an empress or Empress Dowager and there is significant evidence to support this view. We know, for example, that the Empress Dowager Xiaoho, a widow of the Jiaqing Emperor, wore dragon robes with at least three of the four highest symbols.
The Empress Dowager Cixi (1835-1908) used all Twelve Symbols on her Imperial yellow robes when she ruled during the minority of her son, and possibly again toward the very end of her life, in the early 1900s. The reign of her son, the Tongzhi Emperor (1856-1875), effectively lasted through his adolescence, from 1861-1875, and was largely overshadowed by the rule of his mother. Tongzhi himself had rather little influence over state affairs, a fact that today may be regarded as a possible reason why his mother chose to wear robes that originally were meant to be worn exclusively by the Emperor. Photographs of Empress Dowager Cixi, wearing what is probably a Twelve Symbol dragon robe, have survived to support this theory and now reside in the Freer Gallery of Art, Smithsonian Institution, Washington. The Constellation, Sun and Moon are clearly visible on this robe, and the Sacrificial Vessels and Water Plant can be glimpsed above the water motifs at the bottom.
The discovery of “Lauth’s Purple” by Charles Lauth in 1861 led to the use of purple dye worldwide and was introduced in China during Empress Cixi’s rule around 1862. This quite characteristic and vibrant hue was especially favored by the Empress Dowager and employed in many parts of her attire at the time of her reign during the minority of her son, as can be seen in the present robe’s flawlessly woven seven shaded lishui band, which includes this specific and distinct purple tone. The dragons on the present robe are worked in gold-wrapped threads, with clouds primarily in shades of blue against a yellow ground. Yellow was considered to be the most auspicious shade and was reserved for the Imperial family.
In Chinese numerology, 12 is an important number. During the Qing period, the Chinese recognized the 12 signs of the zodiac although they were named differently from those of the West. The Twelve Symbols were associated with the principal annual sacrifices offered by the emperor on behalf of the people at the great Imperial altars. These ritual events were linked with the four major astronomical events in the year, the solstices and equinoxes. Scholars have long believed that the Twelve Symbols may originally have had an astronomical significance.
Literature comparison:
Compare to a closely related embroidered satin robe in a London collection with a predominant blue and yellow schema for an emperor's twelve-symbol 'dragon' robe, dated to the late 18th century, in G. Dickinson and L. Wrigglesworth, Imperial Wardrobe, London, 1990, p. 32-33, pl. 23. Also compare a photograph of Empress Dowager Cixi reproduced in the same monograph, pp. 93, pl. 75. Also compare to a closely related robe, dated to the nineteenth century, in J. E. Vollmer, Decoding Dragons: Status Garments in Ch'ing dynasty China, Eugene, Oregon, Museum of Art, 1983. pp. 143 and 209. Compare a closely related yellow-ground Manchu Empress’s semiformal twelve symbol court robe (chi-fu) in the Minneapolis Institute of Art, dated 1821-1850, length 146.5 cm, accession number 42.8.61, illustrated in Imperial Silks, Ch'ing Dynasty Textiles in The Minneapolis Institute of Arts, Volume I, Robert D. Jacobsen, 2000, pp. 107. Also compare a closely related woman’s dragon robe with twelve Imperial symbols, dated to the mid-19th century, in the Santa Barbara Museum of Arts, object number 1984.53.31.
Auction result comparison:
Type: Closely related
Auction: Bonhams London, 5 November 2020, lot 115
Price: GBP 112,562 or approx. EUR 167,000 converted and adjusted for inflation at the time of writing
Description: A rare Imperial embroidered yellow-ground Twelve-Symbol dragon robe, jifu, 19th century
Expert remark: Note that according to Bonhams this robe measures only 149 cm, compared to the present robe which measures 183 cm across sleeves.
Auction result comparison:
Type: Closely related
Auction: Christie's London, 18 May 2012, lot 1255
Price: GBP 139,250 or approx. EUR 257,750 converted and adjusted for inflation at the time of writing
Description: An Emperor's Twelve Symbol Formal Court Robe (Chifu), Qing Dynasty (1644-1911), End of 19th, Beginning of 20th Century
Expert remark: Note that according to Christies the body of this robe has been later relined in yellow silk, and the buttons and loops have been replaced in the 20th century.
Auction result comparison:
Type: Closely related
Auction: Christie’s New York, 22 March 2019, lot 1656
Price: USD 125,000 or approx. EUR 137,000 converted and adjusted for inflation at the time of writing
Description: An imperial yellow Kesi Twelve Symbol ‘dragon robe,’ Longpao, Guangxu period (1875-1908)
Expert remark: Note that according to Christies, the brocade borders of the cuffs on this robe are likely a later replacement, and that there are a few areas of expected minor splitting of the weave, and some faint areas of staining at the lishui stripe.
Lot Essay II:
The Twelve Symbols of the Imperial Robe, each shown in full detail and with their individual location on the present robe determined.
On the left shoulder:
- The Sun, depicted as a three-legged cockerel against a red disc.
On the right shoulder:
- The Moon, depicted as the white hare pounding the elixir of life.
On the nape of the neck:
- The Rock, depicted at the nape of the neck probably represents the element earth.
To the breast, center:
- The Constellation, represented by three dots joined by blue lines.
Front view of the robe:
- The Rule/Law, fu, depicted as two opposing blue lines.
- The Axe-head was traditionally an emblem of sovereignty and the emperor’s power over the life and death of his subjects.
- The Water Plant traditionally represented purity.
- The Sacrificial Vessels depicting two strange tiger-like animals. The tiger was associated with the metal element and the west.
Back view of the robe:
- The Dragon, represented as a pair of tiny dragons, once ascending and one descending.
- The Flowery Creature, depicted as a mythical golden pheasant.
- The Fire, the flames representing the fire element.
- The Grain, depicted as a dish containing 30 grains of millet, traditionally the first cereal crop raised in China.
約1861-1875年御製明黃色雲龍十二章紋吉服，或為慈禧太后所做
龍袍圓領，右衽，馬蹄式袖口，直身長袍式，綴銅鎏金鏨花扣。領口飾有石青地雲龍紋，龍身修長，其間點綴紅蝠、火焰。主體明黃綢地，以撚金線繡龍紋，前後及肩部共繡有九龍，領前後正龍各一條，膝部左、右、前、後和交襟處行龍各一條，襟左右開。所修龍紋面端鼻尖呈如意狀，龍爪銳利，龍鬚細長而捲曲，龍發向後綜聚飛起，龍爪如輪，強勁有力，龍腹有長條形彩斑龍鱗鮮明飽和，紋樣端莊敦碩，繡工精妙，龍追逐火珠。通身繡藍色如意雲，其間亦穿插紅色絲繡高繡而成的蝙蝠、八吉祥、暗八仙等圖案，而紅色蝙蝠紋即紅蝠，寓意吉祥。下幅裝飾海水江崖與八寶立水紋。前後沒有開衩，有袖子延伸部分，
表明這是女袍。
來源：一位紳士的財產；紐約佳士得1995年9月21-22日，lot 517；一個美國重要中國禮服收藏，購於上述拍賣。可見佳士得標籤“22 Sep 95 Sale 8220 Lot 517.” 根據佳士得 “it appears that the Empress Dowager used all Twelve Symbols” (on her robes) “when she ruled during the minority of her son” (見1995年拍賣目錄).
品相：這件長袍可能是現存清宮十二章紋吉服中最好的例子。它保存得非常完好，整體狀況極佳。只有極少的磨損跡象與線頭鬆動，沒有汙漬或斑點，沒有遭受任何損失。吉服顏色非常鮮豔。值得注意的是，這件特殊的吉服從未暴露在陽光下或展示過。它可能被穿過一兩次，但肯定不會更頻繁。
保存如此之好的吉服是非常罕見的。
尺寸：長 129 釐米，寬183 釐米 (兩袖之間)
專家注釋：
很少有一件長袍能被認定為是屬於慈禧太后的。值得注意的是，沒有一件長袍是紗布材質的，更不用說完好無損了。這件長袍沒有任何磨損跡象，證明瞭它在過去 150 年裡的存放和保養都無可挑剔。與今天發現的大多數清代長袍不同，這些長袍沒有經過多代人的精心保存，這件長袍的原始狀態表明
最初將其從中國帶到西方的人完全意識到它的歷史意義。
此外，這個人很可能是從可信的來源獲得了關於長袍重要性的知識。考慮到 1906 年義和團運動時期，袍子很可能離開了北京紫禁城。因此，這件袍子最初很可能是從太後身邊的人那裡得到的，或者是直接從慈禧本人那裡得到的。無論哪種情況，這個人都會將長袍的特殊意義傳承給後來的主人，確保這一有價值的資訊代代相傳。
因此，此件吉服一直受到嚴格而全面的保護。因此，對如此重要的長袍的持續責任和保存成為其未來保管者的一項重要職責。
關於拍品:
中國古代服飾講究身份與等級，不同身份，不同職位，依其制度，穿對等的服飾，不可僭越。黃色是最吉祥的顏色，是皇室專用的顏色。王子或貴族可以穿藍色（清朝的官方顏色）或棕色，而藍黑色的織物表明穿著者是宮廷官員。皇帝的袍服上飾有“十二章紋”。所謂十二章紋，即日、月、星辰、山、龍、華蟲、宗彝、藻、火、粉米、黼、黻等十二圖案，這十二章紋並不是任意為之的，而是具有象徵意義。文武官員分為九品，從一品（最高）到九品（最低）。 每一個都由相應的動物表示，縫在補子上。鳥類代表文官，走獸則代表武官。
1759年編訂成《欽定皇朝禮器圖式》，確定清朝的宮廷服飾制度，更強調了清朝統治者的角色。在清代，日、月、星辰、山被放置在肩膀、胸部和中背。黼、黻、龍和華蟲出現在腰部，宗彝、藻、火、粉米置於齊膝處。1766年的《皇朝禮器圖式》刻本中，十二章紋保留給皇帝。皇后甚至太子的宮廷禮服包括其他等級的官員都不得使用。如果皇帝願意的話，他可以授予使用這一最高榮譽作為賞賜。在歐美國家的公共和私人收藏中，有不少清代宮廷袍服，顏色各異，上面有十二章紋中的十二個、八個、四個，甚至兩個。這些長袍大部分可以追溯到十九世紀下半葉。那些具有所有十二章紋並且為女性設計的通常是黃色地。這些似乎很可能是皇后或太后所穿戴的，並且有大量證據支持這一觀點。例如，我們知道，嘉慶皇帝的遺孀孝和太后所穿的龍袍上至少有四個最高符號中的三個。
十二章紋原本只限於帝王的龍袍上使用，在清代是帝王身份的標誌。慈禧也曾用過了，體現了她不一樣的地位和身份。慈禧太后（1835-1908）執政時期曾在她的皇袍上使用了所有十二章紋，並在她下葬時，也穿著黃江綢繡五彩五蝠平金佛字女龍袍。而現在現在存放在華盛頓史密森學會的弗利爾藝術舘裏的龍袍，上面日月星辰清晰可見，祭器和水藻在底部的水圖案上方可以瞥見。
Charles Lauth於 1861 年發現“勞斯紫”，使紫色染料在全球得以推廣，並於 1862 年慈禧太后統治時期引入中國。這種頗具特色且充滿活力的顔色特別受到太后的青睞，並在許多地方使用。這件龍袍七色麗水帶中就可以看出，其中包括這種特殊而獨特的紫色色調。本件長袍上的龍是用金線包裹的，祥雲主要是藍色的，背景是黃色的。
在中國命理學中，十二是一個重要的數字。 在清朝時期，中國人有十二生肖，儘管它們的名稱與西方不同。 十二章紋與皇帝祭祀有關。 這些儀式活動與一年中的冬至日和春分有關。學者們一直認為十二符號最初可能具有天文意義。
文獻比較： 比較一件相近的十八世紀藍黃色地十二章紋龍袍，見G. Dickinson 和 L. Wrigglesworth，《Imperial Wardrobe》，1990年，頁32-33，圖 23。還可以比較同一專著中轉載的慈禧太后的照片，頁93，圖 75。比較另一件十九世紀的長袍，見J.E. Vollmer，《Decoding Dragons: Status Garments in Ch'ing Dynasty China》，俄勒岡州尤金藝術博物館，1983 年，頁143和209。比較一件非常相近的1821-1850 年黃地滿族皇后的半正式十二章紋宮廷吉服，收藏於明尼亞波利斯藝術博物館，長146.5 厘米，收藏編號42.8.61，見《Imperial Silks，Ch'ing Dynasty Textiles in The Minneapolis Institute of Arts》，第一卷，Robert D. Jacobsen，2000 年，頁107。比較一件非常相近的十九世紀中期十二章紋女性吉服，收藏於聖巴巴拉藝術博物館，館藏編號 1984.53.31。
拍賣結果比較：
形制：非常相近
拍賣：倫敦邦瀚斯，2020年11月5日，lot 115
價格：GBP 112,562（相當於今日
EUR 167,000）
描述：十九世紀明黃緞繡五彩金龍十二章紋吉服袍
專家評論：請注意此袍寬度僅149 釐米。
拍賣結果比較：
形制：非常相近
拍賣：倫敦佳士得，2012年5月18日，lot 1255
價格：GBP 139,250（相當於今日
EUR 257,750 ）
描述：十九世紀末至二十世紀初十二章紋龍袍
專家評論：請注意根據佳士得的描述，這件長袍的衣身後來用黃色絲綢重新襯裡，鈕扣和環在20世紀已被更換。
拍賣結果比較：
形制：非常相近
拍賣：紐約佳士得，2019年3月22日，lot 1656
價格：USD 125,000（相當於今日
EUR 137,000）
描述：清光緒御製黃地緙絲金龍十二章龍袍
專家評論：請注意根據佳士得的描述，這件長袍袖口的錦緞鑲邊很可能是後來有替換過，並且有一些輕微撕裂，以及在立水條紋處有一些淡淡的染色區域。
關於拍品2：
龍袍十二章紋，每種章紋皆明確展示於龍袍各處。
左肩部分：
1. 日，以紅日為地，繪有三足烏鴉。
右肩部分：
2. 月，繪有月兔搗藥。
頸背部分：
3. 山，為群山之象。
胸部正中：
4. 星辰，以若干小圓點表示星星，之間以直線相連，成星宿圖案。
袍子正面：
5. 黻，為深淺青色相間的兩「弓」形相背之紋飾。
6. 黼，為青白相次的斧形，刃白身青。
7. 藻，為水草形，代表純潔。
8. 宗彝，宗廟彝器，器皿上描繪著兩種奇怪的虎狀動物。
袍子背面：
9. 龍，龍形一升一降。
10. 華蟲，描繪為一隻神秘的金鳳凰。
11. 火，火焰代表著火元素。
12. 粉米，描繪一盤含有30粒小米的盤子，傳統上是中國種植的第一種穀物作物。
---以下为第三方软件翻译，仅供参考---
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§ 3) Most items shall be subject to differential taxation. A uniform surcharge of 22% plus the value added tax applicable to the surcharge to the amount of 20% shall be added to the achieved highest bid (final and highest bid). Thus, the surcharge shall be 26.4% of the final and highest bid in total. Items with added VAT are marked in the online catalog.
§ 4) In the event of sales abroad, the value added tax will be repaid if the item is sold to a country which is not a member country of the European Union (third country), the legal requirements are met, and the proof of exportation is provided. The value added tax shall not be shown separately on the invoice.
§ 5) The auction buyer must pay the purchase price immediately upon acceptance of the bid (final and highest bid plus 22% surcharge, plus the value added tax applicable to the surcharge to the amount of 20%, or the added VAT on top of the final price, when a lot is highlighted accordingly in the auction catalog). The company may grant an auction buyer a term of payment for the purchase price in whole or in part when this has been formally applied for in writing before the auction.
§ 6) In the event of a term of payment, or any payment delay, in whole or in part, the company shall be entitled to charge default interest (12% p.a.) as well as storage charges (2.4% pf the final and highest bid per month commenced) after 14 days upon acceptance of the bid. The item purchased at auction shall be handed over exclusively upon full payment of the purchase price including all costs and charges accrued since the acceptance of the bid.
§ 7) The buyer should take acquired items into possession, as far as possible, immediately or after the end of the auction. Items which have been fully paid for shall be handed over in our show rooms in GALERIE ZACKE, MARIAHILFERSTRASSE 112, 1070 VIENNA. If a deferred purchase price is not paid within the set period, the company shall be entitled to auction the item again in order to recoup its claim from the defaulting auction buyer. In this case, the defaulting auction buyer shall be liable to the company for the total loss of commission incurred by the company due to the re-auctioning as well as for any default interest and storage charges.
§ 8) The company shall be entitled to a lien on all items of the buyer irrespective of whether the buyer bought them within the scope of an auction or in free sale or the company secured ownership of these items otherwise. This lien shall serve to secure all current and future, qualified, limited and unmatured claims to which the company is entitled and which result from all legal transactions concluded with the buyer.
§ 9) The items received for auction will be exhibited and may be viewed prior to the auction. In doing so, the company shall give everyone the opportunity to check the nature and the condition of the exhibited items to the extent deemed possible within the scope of the exhibition. Every bidder shall be deemed to act on its own behalf unless it provides a written confirmation saying that it acts as a representative or agent of a well-known principal. The company may refuse bids; this shall particularly apply if a bidder who is unknown to the company or with whom the company has no business connections yet does not provide a security deposit before the auction. However, in principle there shall be no claim to accept a bid. If a bid has been refused, the previous bid shall remain effective.
§ 10) The company’s experts evaluate and describe the items received for auction and determine the starting prices unless otherwise stated in the catalog or expert opinion. The information concerning production technique or material, state of preservation, origin, design and age of an item is based on published or otherwise generally accessible (scientific) findings concluded by the company’s expert with the necessary care and accuracy. The company shall warrant to the buyer according to §34-38 of the AGB (Terms and Conditions) that properties are correct provided that any complaints referring to this are made within 45 days after the auction day. Subsequent complaints shall be excluded in principle. The company shall not be liable for any further information in the catalog and expert opinion as well. This shall also apply to illustrations in the catalog. The purpose of these illustrations is to guide the potential buyer during the preview. They shall not be authoritative for the condition or the characteristics of the pictured item. The published condition reports shall only mention defects and damage affecting the artistic or commercial value significantly. Complaints concerning the price shall be excluded upon acceptance of the bid. The company reserves the right to amend the catalog online prior to the auction. These amendments shall also be made public orally by the auctioneer during the auction. In this case, the company shall be liable for the amendment only. All items offered may be checked prior to the auction. These items are used. Any claims for damages exceeding the liability named above and resulting from other material defects or other defects of the item shall be excluded. When making the bid, the bidder confirms that he/she has inspected the item prior to the auction and has made sure that the item corresponds to the description.
§ 11) If a customer is not able to participate in an auction personally, the company shall accept purchase orders. These orders may be placed in writing via mail, e-mail, fax, www.zacke.at or a third party bidding platform. In the case of a purchase order placed by phone or orally, the company shall reserve the right to make the performance dependent on a confirmation from the principal communicated in writing. Furthermore, the company shall not be liable for the performance of purchase orders. Equal purchase orders or live bids will be considered in the order of their receipt. Bids which below the estimate shall be exhausted completely. Bids which do not correspond to the increments determined by the company (see bidding increment table) will be rounded up to the next higher increment. The table of these increments can be sent upon request. The written bid (purchase order) must include the item, the catalog number and the offered top bid limit which is quoted as the amount of the acceptance of the bid without buyer’s commission and without taxes. Ambiguities shall be carried by the bidder. A purchase order which has already been placed may only be cancelled if the written withdrawal is received by the company at least 72 hours prior to the beginning of the auction.
§ 12) The company may refuse a purchase order without explanation or make its execution dependent on payment of a security deposit. In the event of an unsuccessful order, such a deposit will be reimbursed by the company within 5 working days. Processing of purchase orders is free of charge.
§ 13) Every seller shall in principle be entitled to withdraw the items offered for auction until the start of the auction. Therefore, it is impossible to assume liability or to give warranty for the actual offering.
§ 14) Paid items must be collected within 30 days after payment. Items which have not been collected may be re-offered without further communication at the starting price from the recent auction reduced by 50%. Items which have not been collected within 30 days after the auction or for which the company does not receive any proper shipping instructions stating the type of shipping and the address of dispatch (independent of a possibly placed purchase order) shall be stored at the owner’s risk. Furthermore, the company shall be entitled to store items which have been purchased at auction and paid but not collected at the buyer ? risk and expense, including the costs for an insurance, with a forwarding agency. It shall be understood that the provision concerning the re-auctioning of unpaid and paid but not collected items must also apply to items not exhibited or stored on the premises of the company. The ownership shall be transferred to the buyer at the time of handing over the issuing note.
§ 15) In the case of mixed lots with a starting price of less than EUR 350.00, the company shall not warrant for the completeness or correctness of the individual items within a mixed lot.
§ 16) A registration for a bid by telephone for one or several items shall automatically represent a bid at the estimate price of these items. If the company cannot reach a bidder by telephone, it will bid on behalf of this bidder up to the estimate price when the respective lot is up for auction.
§ 17) Payments made to the company by mistake (through the payer ? fault) (e. g. due to miscalculation of the exchange rate by the payer) or payments made to the company for the same invoice several times shall be compensated in form of a credit note for goods for an indefinite period of time. The repayment of such payments in cash shall be excluded.
§ 18) Certain auction lots may exist several times (multiples). In such a case, the auctioneer may accept a second, third or even more bids from the underbidder(s). In this case, the text in the catalog and not the illustration shall be exclusively binding with regard to the warranty.
§ 19) The company reserves the right to assign to the buyer all rights and obligations resulting from the contractual relationship between the company and the seller by way of a respective declaration, as well as to assign to the seller all rights and obligations resulting from the contractual relationship between the company and the buyer by way of a respective declaration, in each case in terms of a complete assignment of contract with the result that the contractual relationship - following the submission of the aforementioned declarations by the company – shall exclusively be between the seller and the buyer, all of which is in accordance with the basic model of the commission agreement. Buyers and sellers shall already now give their explicit consent to this contract assignment.
§ 20) The place of performance of the contract brought about between the company on the one hand and the seller as well as the buyer on the other hand shall be the place of business of the company. The legal relationships and contracts existing between the company, the sellers and the buyers shall be subject to Austrian law. The company, the sellers and the buyers shall agree to settle all disputes resulting from, concerning and in connection with this contract before the territorially competent court of Vienna.
§ 21) The export of certain art objects from Austria shall require a permit from the Bundesdenkmalamt [Federal Monuments Office]. The company will orally provide information about art objects for which such export permit will probably not be granted at the beginning of the auction.
§ 22) Whenever making a bid, whether personally or via an agent, in writing, online, telephone, or in any other way, the bidder fully and unconditionally accepts the Terms of Auction, the ‘Important Information’ section in the auction catalog, the Terms and Conditions (AGB) of Galerie Zacke, §1-48, the Fee Tariff, and the Bidding Increments table, all as published on www.zacke.at on the day of the auction.
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