Terms Of Auction
Preliminary remark: This is a courtesy translation. The German version is binding.
1) The auction takes place voluntarily in the name, on behalf and for account of the consignors, who are marked with the numbers after the lot number. Own goods will be auctioned and marked as such on own account and in own name.
2) The catalogue descriptions are made to the best of our knowledge and belief, but do not represent warranted characteristics within the meaning of §§ 459 BGB. All items put up for auction may be inspected and appraised prior to the auction. They will be auctioned in the condition in which they are, without guarantee and liability for obvious or hidden defects and attributions. Subsequent complaints of any kind whatsoever must therefore be disregarded.
No liability is accepted for catalogue descriptions or written or oral explanations.
Nevertheless, the respective condition of all used items is taken into account in the limit price.
Books which have been called up have not been reviewed.
3) The bid shall be accepted if there is no higher bid after three calls. The auctioneer can refuse the bid, e.g. if the limit price is not reached. If a bid is accepted subject to reservation, the bidder is bound to his bid for a period of three weeks. If he does not receive the unconditional knockdown within this period, it expires. If a reservation is not accepted, the catalogue number can be given to the limit bidder without further inquiries.
In case of disputes or doubts about the knockdown, or if the highest bidder does not want to accept the knockdown, the auctioneer is entitled to bid again.
Items without a limit are generally called at 10 - 20 €, unless there are higher bids.
Valued items are called at least 10% of the estimated price and limited items are called at their limit.
Up to € 160, the price is generally increased by € 10, thereafter by approx. 10 %.
4) The auctioneer can combine, separate, bid out of line or take back individual catalogue numbers. Written bids become obsolete as a result. Furthermore, the Auction House may reject a bidder or individual bids of the bidder. This is the case, for example, if the bidder is not known to the Auction House or if a required security has not been provided.
5) The knockdown obliges the buyer to pay for and accept the items purchased at the auction. The purchase price is to be paid immediately in Euro in cash or an issued invoice is to be transferred immediately. Any bank charges shall be borne in full by the buyer. Deferral of the purchase price cannot be granted. The purchase price consists of the hammer price and the auctioneer's premium in the amount of 24% of the hammer price plus VAT. (currently 19%), a total of 28.56%. The entire amount is to be paid to the auctioneer.
The buyer undertakes to collect the items purchased at the auction within 7 days. The auctioneer accepts no liability for loss or damage. The auctioned items will be dispatched at the buyer's expense and risk according to written dispatch instructions. After 14 days, the auctioneer is entitled to store the item at the expense of the buyer, for which a lump sum of up to € 5.00 per object and day plus VAT may be incurred. The buyer reserves the right to prove that costs have not been incurred or have not been incurred in this amount.
For works of art, the sale of which results in a resale right levy, the buyer must assume this levy and reimburse the auction house or the consignor/seller. According to § 26 UrhG (German Copyright Act), the amount of the share of the proceeds from the sale is: 4% for the part of the proceeds from the sale up to 50,000 Euro, 3% for the part of the proceeds from the sale between 50,000.01 and 200.000.00 Euro, 1% for the part of the proceeds from the sale of 200,000.01 to 350,000.00 Euro, 0.5% for the part of the proceeds from the sale of 350,000.01 to 500,000.00 Euro, 0.25% for the part of the proceeds from the sale of 500,000.00 Euro. The total amount of the royalty from a resale shall not exceed EUR 12,500. If the hammer price is less than € 400.00, no levy shall be due.
6) If the Purchaser refuses acceptance despite a reminder and after setting a deadline of two weeks and/or does not pay the amounts due, the Auctioneer is entitled, at his option, to enforce the rights from the knockdown or to re-auction the auctioned goods or to sell them freely. Any claims for damages shall remain unaffected.
7) Ownership of the items auctioned shall not pass to the purchaser until payment has been made in full. The transfer of risk and storage of the auctioned goods shall pass to or be borne by the purchaser upon acceptance of the bid. This also applies to the open sale.
8) The auctioned items must be accepted immediately. The auctioneer is not liable for any damage to or loss of the goods. Any storage and transport shall be at the buyer's expense and risk.
9) In the auction and business rooms, visitors (parents are liable for their children) are liable for all damages caused, especially during visits, regardless of fault.
10) Written bids are binding and cannot be revoked. They are carried out in the interest of the bidder. For written and telephone bids, the lot number is binding in order to be able to execute the bid. The price stated on the order form is the highest bid, the knockdown can also be made at a lower price. Written bids must be received by 6 p.m. of the day before the auction at the latest. Bids received thereafter may, but do not have to, be taken into account.
11) In the case of telephone bidders, the Auction House accepts no liability for the establishment of the connection. The risk of inaccessibility or connection failure is borne by the bidder.
The requirements for telephone bidders also apply mutatis mutandis to online bidders and to preliminary bids received through the lot-tissimo Internet portal. The Auction House shall bear no liability for the transmission by lot-tissimo of bidders of the Internet portal lot-tissimo. It is pointed out that the Internet portal of the Auction House forwards to the pages of the lot-tissimo portal. Bids on the Internet will only be accepted and processed by the lot-tissimo portal. Bids by email will only be accepted in exceptional cases if verified by the Auction House, otherwise they will be rejected.
12) The bidders' data will be processed and protected in accordance with the statutory data protection provisions. Users of the lot-tissimo or invaluable portal must contact the portal in this regard.
13) The Auction Terms and Conditions apply mutatis mutandis to post-auction sales or private sales.
14) The prices stated in the catalogue are limit prices or estimated prices.
15) The general auction conditions can be inspected at the box office. The submission of a bid implies the acceptance of these Auction Terms and Conditions.
16) If we auction objects of military history or objects of the Third Reich, this is done exclusively for the purposes of civic enlightenment, defence against unconstitutional efforts, art, reporting on events of the day or history or for similar purposes. Auction participants and bidders also insure this.
17) Claims for damages against the Auction House due to legal and material defects as well as for other legal reasons are excluded unless they are based on intentional or grossly negligent actions of the Auctioneer or on such a violation of essential contractual obligations by the Auctioneer. This also applies to vicarious agents of the Auctioneer. All claims against the Auctioneer shall become statute-barred one year after the transfer of the object of the auction, unless they are based on an intentional infringement of rights. The liability of the auctioneer for damages resulting from injury to life, body or health remains unaffected.
18) Should any of the above conditions be invalid in whole or in part, the validity of the remaining conditions shall remain unaffected.
19) Place of performance for both parties is Germany, 79194 Gundelfingen, the place of jurisdiction is Germany, Freiburg i. Br.
