Terms and Conditions
AUCTION TERMS AND CONDITIONS
1. Validity of the GTC. The following terms and conditions are deemed acknowledged and accepted with the personal or written participation in the auction or participation via telecommunications and with the delivery of items for auctioning, and they also apply for post-auction sale in the open market.
2. Auction for the client. The auction shall be effected voluntarily in the name and for the account of the client with the exception of proprietary items, which are indicted by figures not enclosed in brackets. Figures in brackets indicate the owner/ client.
3. Description of lots, exclusion of warranty. The catalogue descriptions are produced to our best knowledge and belief; however, no guarantee is given for the correctness of the descriptions. The condition descriptions in the catalogue texts of our varia and toy auctions are meant solely as indications for serious damage. The absence of information shall not be interpreted to the effect that an item is in good condition or free of faults or defects. Potential buyers are requested to establish for themselves or, if this is not possible to enquire about, the condition of all items to be auctioned. All items for auctioning can be inspected and examined before the auction and during the bidding. They shall be auctioned without any warranty whatsoever just as they are at the time of being knocked down. All representations by the auctioneer and his employees about designations, attributions, dimensions, weight, completeness etc. are given to their best knowledge and belief, likewise without warranty even if these representations have been made in the catalogue. In the case of doubt, the catalogue text shall take priority over an illustration.
4. Reversal of the sale in exceptional cases. However, if the buyer proves within four weeks from the date of the auction that factual representations on the auctioned item were incorrect in key respects, we shall take the item back and reimburse the purchase price. After this 4-week period, the auctioneer shall be entitled but not obliged to reverse the contract of sale in the name of the seller and reimburse the buyer the purchase price against return of the auctioned item for up to three years after the auction, if factual representations were incorrect in key respects; but will do so only with the seller's consent. In so far as the proceeds have already been disbursed, the seller shall return the disbursed proceeds to the auctioneer for reversing the sale. If the auctioneer intends to rescind the contract of sale due to a complaint, he shall notify the seller to that effect; sending the said notification to the last address known to the auctioneer shall suffice. The sale shall not be reversed if the seller objects to reversal of the sale within two weeks of notification. In that case, the buyer must take legal action to assert his or her claims.
5. Knockdown. The item shall be knocked down if no higher bid is submitted upon the third time of asking. If several persons make the same bid at the same time, and no higher bid is submitted upon the third time of asking, knockdown shall be decided by lot. In the same of identical written bids, knockdown shall be to the first bid received. If there are doubts whether the item has been knocked down or to whom or if a bid submitted in good time was overlooked or if the highest bidder does not want the bid to count, the auctioneer can withdraw the knockdown, which shall render it void, and offer the item for new bidding. Objections to a knockdown must be raised without undue delay, i.e. before the next lot is called. Where there is good cause, the auctioneer may reserve the knockdown in the client's name or refuse to declare a knockdown. This shall be the case in particular if at the auctioneer's invitation bidders cannot furnish collateral appropriate for the value of the bid before the auction. A bid shall lapse if it is rejected by the auctioneer, if the auction closed without a knockdown, or the item is put up for bidding again. A void higher bid shall not render the previous bid void.
6. Written and telephone bids. To ensure the execution of written bids, these must be received by the auctioneer at least 24 hours before the start of the auction. A written bid will only be effective if it contains a precise designation of the bidder's person or company and the lot. The written bid must also include a telephone number under which the bidder can normally be contacted. The bid is restricted to the stated lot number. Written bids shall be accepted by the auctioneer only with the amount required to outbid another submitted bid. Telephone bids shall be received by the bidder phoning before the desired lot is called. This is only possible for items with a limit exceeding EUR 150.00. Precondition for telephone participation is a written notification by the bidder received by the auctioneer 24 hours before the start of the auction at the latest. Telephone bidding presumes that the auction limit stated in the catalogue is deemed a minimum bid, even if the bidder cannot be reached at the time of the item to be auctioned. All bids are binding and cannot be cancelled or lowered.
7. Disclosures required from bidders. Before the start of the auction, all bidders must disclose their names and addresses. This applies, even if the bidder as acting as an agent at the auction. In that case, the bidder must also state the name and address of the principal. In the case of doubt, the bidder shall be deemed as buying in his or her own name and account. The bidder shall receive a bidder number for participating in auctions and shall be responsible for any misuse thereof.
New customers must submit a cash deposit or a current creditworthiness confirmation from their bank before the start of the auction.
8. Staging of the auction. The auctioneer reserves the right to merge or separate lot numbers, offer the same out of sequence or withdraw the same where there is good material reason to do so or to auction subject to reservation (under-reservation knockdown). The lot is the number under which the items in the auction shall be called and referred to in the auction catalogue or offered in open sale.
9. Limit. If the limit agreed with the seller is not achieved, the auctioneer can knock the item down subject to reservation (under reservation knockdown). In the case of a post-bid of the limit, the item can also be knocked down to another bidder without consultation or sold post auction in the open market. Bids with under reservation knockdowns are binding for bidders for 6 weeks but non-binding for the auctioneer, however. The item may also be knocked down for less than the limit.
10. Effect of the knockdown. The knockdown shall be effected in euros. The knockdown brings about a contract of sale giving rise to a duty of acceptance. Title shall only pass with the payment of the purchase price; risk for all and any harm or loss shall pass to the buyer already with the knockdown.
11. Purchase price. The purchase price shall be due and payable with the knockdown and comprises the hammer price and 20% premium incl. 19% VAT (net 16.81%). VAT is levied on the premium only and thus on the domestic performance; it is not reimbursable for foreign bidders. Payment by credit card shall incur a processing fee of 3.5% of the invoice amount plus VAT, Maestro cards issued by foreign banks 0.5% plus VAT
12. Payment default. Payment default shall incur at least default interest of 8 percentage points above pertinent base rate pursuant to Section 247 Civil Code. If the buyer can prove that a loss of that amount was not incurred, only the statutory default interest rate shall be applied. In the case of payment in a foreign currency, any exchange-rate loss and bank charges shall be borne by the buyer. The same shall apply for cheques, which can be acknowledged as fulfilment only after unconditional bank crediting. Even without a reminder, the buyer shall be liable in the case of late or refused payment and acceptance of a knocked down item for all and any loss or harm incurred as a result. The auctioneer can opt to demand performance of the contract of sale or damages for non-performance and, regardless of the choice, auction the item again at the buyer's expense. In that case, the buyer, whose rights under the previous knockdown shall be void, shall be liable for the loss without being entitled to any additional proceeds and shall be barred from bidding for the item again.
13. Collection by the auctioneer. The auctioneer can collect or sue for purchase prices, arrears on purchase prices and also ancillary payments in his client's name.
14. Settlement, delivery. After payment each buyer shall receive an invoice showing the auction numbers, designations and prices including the premium and VAT. The items shall be handed over after payment has been rendered against presentation of the receipted invoice. After the auction, buyer and seller can ask the auctioneer about the corresponding contractual party. If the buyer does not collect the items within 8 days after the end of the auction, they shall be held without any liability for loss and damage. Storage, also externally, packaging, insurance and shipping auctioned items shall be at the buyer's expense and risk; the auctioneer is merely the intermediary of such services. Shipping orders will only be carried out if the auctioneer or the company he engages therefor is in possession of a shipping order signed by the buyer and the ascertained shipping charges and all the auctioneer's other claims have been paid. During the auction, release and removal of auctioned items shall be permitted only in exceptional cases and with the auctioneer's prior approval.
15. Withdrawal of the auction commission. If the seller withdraws the entire or part of the commission, he or she shall pay the auctioneer 10% of the estimated value plus 19% VAT and the costs incurred until collection. The seller is entitled to prove that no or a significantly less loss or harm has arisen.
16. Oral arrangements. Arrangements agreed orally or over the telephone shall only be effective if they are confirmed by the auctioneer in writing.
17. No re-sale in the auction room. No trading or re-sale of auctioned items is permitted in the auction room.
18. Limitation of liability. The auctioneer shall be liable for loss or harm caused by him, his statutory representatives or agents intentionally or negligently from the breach of cardinal duties or in the case of the fatalities, personal injury or impairment of health. Cardinal duties are those duties whose fulfilment renders the proper execution of the contract possible and on whose compliance the contractual party could generally rely. In all other cases, in particular the damage of items or financial losses (also default losses) through breach of secondary, protective or other duties not being cardinal duties, the auctioneer shall be liable only for damages for intention or gross negligence, and only to reimbursement of foreseeable loss or harm. This shall also apply for his statutory representatives and agents.
19. Place of fulfilment, legal forum, choice of law. The place of fulfilment for both parties is Berlin. The legal forum is Berlin, if the buyer is a registered merchant, a public-law legal entity or special fund within the meaning of the German terms or the buyer is not domiciled within the scope of German statutes or his or her whereabouts are not known at the time legal action is taken. The legal relationships shall be governed by German law with exclusion of the uniform act on the international purchase of movable goods and of the uniform law regarding the conclusion of international sales contracts relating to movable goods.
20. Items from the era the Third Reich. Unless they expressly state otherwise, the catalogue owners, auction participants and bidders warrant that they purchased the catalogue and the items illustrated or described therein from the era of the Third Reich only for purposes of civic instruction, prevention of anti-constitutional endeavours, for arts or science, research or teaching, for reporting of events of the present time or of history, or for similar purposes (Sections 86a, 86 German Criminal Code). Sellers offer these items only under the aforementioned conditions, Auktionshaus Reiner Dannenberg and its auctioneers furnish them solely under those conditions.
21. Severability clause. Should any clauses in these Auction Terms and Conditions be partially or totally invalid, this shall not affect the validity of the remaining clauses.
Payment Terms
Purchase price. The purchase price shall be due and payable with the knockdown and comprises the hammer price and 23 % premium plus 19% VAT (net 27,37 %). VAT is levied on the premium only and thus on the domestic performance; it is not reimbursable for foreign bidders. Payment by credit card shall incur a processing fee of 3.5% of the invoice amount plus VAT, Maestro cards issued by foreign banks 0.5% plus VAT
Payment default. Payment default shall incur at least default interest of 8 percentage points above pertinent base rate pursuant to Section 247 Civil Code. If the buyer can prove that a loss of that amount was not incurred, only the statutory default interest rate shall be applied. In the case of payment in a foreign currency, any exchange-rate loss and bank charges shall be borne by the buyer. The same shall apply for cheques, which can be acknowledged as fulfilment only after unconditional bank crediting. Even without a reminder, the buyer shall be liable in the case of late or refused payment and acceptance of a knocked down item for all and any loss or harm incurred as a result. The auctioneer can opt to demand performance of the contract of sale or damages for non-performance and, regardless of the choice, auction the item again at the buyer's expense. In that case, the buyer, whose rights under the previous knockdown shall be void, shall be liable for the loss without being entitled to any additional proceeds and shall be barred from bidding for the item again.
