Terms and Conditions
Auction Terms - Terms and Conditions
The Richard Wersching e.K. (hereinafter referred to as "RWe.K.") carries out their auctions exclusively under the following conditions, which are recognized by personal, written, telephone and internet participation in the auctions. The conditions apply mutatis mutandis for the free or subsequent sale.
1. The auction is voluntary in the name and for the account of the client. This does not apply to own goods, which is marked separately.
2. The auctioneer reserves the right to unite, disassociate, disassociate or withdraw the catalog numbers.
3. The items are needed. The catalog descriptions are made to the best of our knowledge and belief, but are not guaranteed properties in the legal sense. They are based largely on information provided by the consignor. Condition descriptions in the catalog are intended as a guide only to our opinion, visually serious damage. Defects, defects, sticking and defects etc. are taken into account at the limit prices. The items are auctioned in the condition in which they are at the moment of the surcharge. The absence of a notice does not imply that the item is in perfect condition or is free from defects or defects. Sold is excluded under warranty.
4. During the preview, there is ample time and opportunity to inspect the items and verify their condition. The customer's admission that he did not carry out the preliminary inspection does not entitle him to any subsequent complaints. The auctioneer assumes no liability for the catalog details, age, origin, size, weight, signatures, brands and material as well as damages.
5. Signatures, stamps and the like are read but not checked (mistake reserved). Assignments and references are expressions of opinion and not guaranteed characteristics. In any case, we ask you to check yourself and to take the opportunity of the pre-inspection. Defects on frames are usually not mentioned. Dimensions are rounded. On illustrations of the paintings and graphics, the frame width is sometimes cropped in favor of the image size or only the image detail is shown. The illustrations generally serve as additional information - errors excepted. In the case of discrepancies between illustrations and text, the text is binding. If an article description is available in several languages, the German description is binding.
6. Books magazines, files, etc. are not collated.
7. Complaints of any kind can not be considered after the auction. The warranty is excluded.
8. Great care should be taken during the visit and during the auction, as each visitor must be fully responsible for the damage caused by him.
9. The call starts at the limit price printed in the catalog. Items without limit will be called with EUR 10, -, if there are not several higher written bids. Up to EUR 50, - is increased by EUR 5, -, above EUR 50, - by about 10%. The contract is awarded if, after repeating the highest bid three times, no superior bid is given and the limit price stipulated by the customer has been reached. The auctioneer can reject a bid. In this case, the immediately preceding bid remains binding. If several bidders simultaneously bid for the same amount, the lot decides. Disagreements over the last bid or a surcharge can be remedied by calling the thing again. This also applies if a bid submitted on time has been overlooked. A telephone bidder is automatically the bidder of the limit, even if he is not available when calling the item by phone. If a highest bidder does not wish to accept his bid, the auctioneer may nevertheless award the bid or call the item again. The contract requires acceptance and payment. With him, the risk for any loss, damage, confusion, etc. on the buyer.
10. If the limit agreed with the consignor is not reached, a surcharge will be made subject to reservation. The offer to the limit to the public remains, however, and the object can also be given to another interested party if the limit is offered. Bids with surcharges subject to reservation are binding for the bidder for four weeks, but non-binding for the auctioneer.
11. Each bidder buys in his own name and on his own account. If a bidder increases on behalf of third parties, he is personally responsible for acceptance and payment, even if the invoice is issued to his client. The entire amount to be paid by the buyer is due immediately and payable in cash on the day of the auction in the auction house Wersching. In the case of an order placed by letter, telephone or internet, payment must be made within ten days of the invoice date. In case of non-compliance with the payment period default interest is calculated according to §288 BGB; the assertion of further damage remains reserved. A delivery of the goods, however, takes place only after full payment of goods and default interest. Date of receipt of payment is the date of receipt on the bank statement of Richard Wersching e.K.
12. If you wish to ship after the payment has been made, the shipping conditions specified in paragraph 19 apply. The auctioneer is entitled to have goods that are not paid and collected within ten days of invoicing stored at the expense of the buyer or storage fees of € 1 for small objects and € 5 for larger objects such as furniture, per day and subject to rise. The prices are without VAT.
13. The bid is the net price. A hammer price of 25% is charged on the knockdown price, which includes VAT (?21.01% + 19% VAT = 25%). The contract requires acceptance and payment of the total price to the auction house. With the awarding of the contract, ownership and risk are transferred directly to the buyer, but ownership only after full payment. Incurring bank charges are charged to the buyer.
14. Extra charges for LIVE bidding via the Internet will incur an additional charge of 3% (Lot-tissimo & the-saleroom) or 5% (Invaluable) plus VAT.
15. If the buyer remains in arrears with the acceptance of the auctioned items or the payment, the auction house is entitled to claim for acceptance or for damages for non-performance or to withdraw from the purchase contract. If the Auction House wishes to claim damages, then without prejudice to the possibility of asserting a higher actual loss, 30% of the aggregate amount may be demanded as flat-rate compensation without proof. The auction house is entitled to assert not only its own but also all claims of the consignor against the purchaser in and out of court. The Auction House may at any time transfer from the settlement claim to the claim for damages.
16. If RWe.K. Auctioned objects of the Third Reich, this is done solely for purposes of civic education, the defense against unconstitutional aspirations, the arts or science, research or teaching, reporting on events of the day or for similar purposes.
17. For special reasons, the auctioneer may exclude persons from the auction, in particular those who disturb the auction or sightseeing or are in arrears of payment or collection.
18. Trading and bartering is prohibited to unauthorized persons in the auction house. In case of infringement, damages are claimed and banned.
19. If written or telephone bidders wish to have the items awarded to them sent to us, we ask for a written order. Shipping is exclusively and in all respects at the risk of the buyer. We ask you to pay attention and to take this into account. Shipping costs are calculated per package depending on weight and packaging costs. Every parcel sent within Germany is automatically insured up to EUR 500, -. If the buyer desires a higher insured sum at his own expense, this must be communicated to the auctioneer in writing in good time. Mailing is generally only up to the packaging size 60x60x120cm and max. 30kg weight. Paintings, glazed graphics, larger, fragile bundles, slightly fragile items such as service, etc. are only shipped by freight forwarding at the expense of the buyer.
20. Written bids are carried out in the interest of the tenderer. The price noted on the order form is considered the highest bid, the surcharge can also be made at a lower price. Bidder orders can only be executed if they are clearly filled out, signed and available in good time before the start of the auction. The specified catalog number and not the title of the object is binding.
21. Place of fulfillment is Neu-Ulm, place of jurisdiction is Neu-Ulm. The legal relationship is governed by German law.
22. Should one of the above provisions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
Shipping Terms
If written, telephone bidders or other remote bidders want to have sent the items they have awarded, we ask for a written order. Shipping is exclusively and in all respects at the risk of the buyer. We ask you to pay attention and to take this into account. Shipping costs are calculated per package depending on weight and packaging costs. Every parcel sent within Germany is automatically insured up to EUR 500, -. If the buyer desires a higher insured sum at his own expense, this must be communicated to the auctioneer in writing in good time. Mailing is generally only up to the packaging size 60x60x120cm and max. 30kg weight. Paintings, glazed graphics, larger, fragile bundles, slightly fragile items such as service, etc. are only shipped by freight forwarding at the expense of the buyer. For shipping outside germany, extra costs may arise. Customs and other costs for shipping are at the expense of the buyer.
Please note
11. Each bidder buys in his own name and on his own account. If a bidder increases on behalf of third parties, he is personally responsible for acceptance and payment, even if the invoice is issued to his client. The entire amount to be paid by the buyer is due immediately and payable in cash on the day of the auction in the auction house Wersching. In the case of an order placed by letter, telephone or internet, payment must be made within ten days of the invoice date. In case of non-compliance with the payment period default interest is calculated according to §288 BGB; the assertion of further damage remains reserved. A delivery of the goods, however, takes place only after full payment of goods and default interest. Date of receipt of payment is the date of receipt on the bank statement of Richard Wersching e.K.
15. If the buyer remains in arrears with the acceptance of the auctioned items or the payment, the auction house is entitled to claim for acceptance or for damages for non-performance or to withdraw from the purchase contract. If the Auction House wishes to claim damages, then without prejudice to the possibility of asserting a higher actual loss, 30% of the aggregate amount may be demanded as flat-rate compensation without proof. The auction house is entitled to assert not only its own but also all claims of the consignor against the purchaser in and out of court. The Auction House may at any time transfer from the settlement claim to the claim for damages.
17. For special reasons, the auctioneer may exclude persons from the auction, in particular those who disturb the auction or sightseeing or are in arrears of payment or collection.
