The following conditions are accepted with the personal, written or telephone participation in the auction, postage and freehand sales:
I. General information
2. The auction house has an official permission for auctions pursuant to § 34b GewO. The auction is a public auction i. See §§ 474 para. 2 sentence 2, 312d para. 2 no. 4 German Civil Code (BGB). A right of revocation with regard to the right of withdrawal, § 156 of the German Civil Code (BGB) does not exist.
3. General terms and conditions of the bidders shall not apply without the express objection of the auctioneer against the use of the tenderer's general terms and conditions.
II. Auction catalog, inspection, inspection
1. The items that are auctioned are presented in advance by the auction house in an auction catalog. A catalog number is assigned to the individual items. In addition, the limit price determined by the customer for the respective object is indicated.
2. All items entering the auction may be inspected and inspected prior to the auction during the opening hours as well as in the time set for the auction. The interested parties are liable for the damage they cause to the displayed items. The things are usually used. The catalog information given to the best of our knowledge is not a specification in the sense of § 434 ff. German Civil Code (BGB), quality or durability guarantees which become the object of the contract.
3. The auction house is entitled to take items offered in the auction catalog without stating reasons up to the surcharge from the auction. This applies in particular in the event that a client withdraws an item from the auction. There is no claim to offer an object presented in the auction catalog.
4. The Auction House reserves the right to unite, separate, sell, sell or sell sales / lot numbers out of order. The sales / lot number is the number under which the items are called up in the auction, or are listed in the auction catalog or are offered in free hand sales.
5. The auction house shall be free to exclude bidders from participating in the auctions if there is any doubt as to their creditworthiness or identity, or if the tenderer's place of residence or delivery is located in a country in which the object offered is not imported may.
6. The auction house is free to demand a credit assessment from the bidder or to make the acceptance of a bid dependent on a deposit or a security line. In addition, the auction house may exclude a bidder from participating in the auction if the bidder has not yet paid for the items already purchased.
1. Participation in the auction takes place through the personal participation in the auction in the auction hall of the auction house. Furthermore, bids can be submitted via the auction house's website, in writing, by phone, via e-mail or via the online platforms the-saleroom.com or lot-tissimo.
2. Each bidder must indicate his name and address before the start of the auction. This also applies if he is involved as a representative at the auction. In this case, he shall also specify the name and address of the person represented. In case of doubt the bidder acquires in his own name and on his own account.
3. In order to ensure the execution of written bids as well as bids by fax or e-mail, they must be received at the auction house at least 24 hours before the start of the auction.Subsequent bids can, but need not be considered. For the effective submission of a written bid, the exact particulars of the person or firm of the bidder and the sales number are required. When submitting the bid, a telephone number must be provided, under which the bidder can be reached regularly. The bid is limited exclusively to the sales number indicated. Written bidding is used by the auction house only with the amount required to surpass another bid placed by an increase step.
4. In order to participate in an auction by telephone or via the homepage of the auction house, the bidder must inform the auction house at least 24 hours before the auction starts, the exact details of the person or company of the bidder and the sales number. A telephone number must also be indicated under which the bidder can be reached during the auction. The auction house assumes no guarantee for the condition collection or the existence of a telephone connection when calling the respective object. The bidder bears the risk of non-availability. If a telephone connection is not established, the bidder of the limit price stated in the auction catalog is considered as offered. If the telephone connection is interrupted during the bidding process, the last call for the telephone service provider applies.
5. In the case of participation in the auction via the auction house's homepage or the Internet portal the-saleroom.com and lot-tissimo, the bidder bears the risk of submitting his bids.
6. A bid expires if it is rejected by the auction house when the auction is closed without the award or the item is called again. An ineffective surplus does not lead to the extinction of the previous commandment.
7. The contract will be awarded to the highest bidder after three times the maximum bid. If several people have submitted the same bid and there is no higher bid after three calls, the lot decides. In the case of similar written bids, the first receipt shall be awarded. If there is any doubt as to the person or identity of the tenderer or whether or to whom the award has been made, or if a bid submitted in time has been omitted, the auction house may repeat the bid in favor of a particular tenderer or re-open the case New offer. In these cases, a previous surcharge will be invalid. Objections to a surcharge shall be charged immediately, ie before the next sales number is called. It is usually increased by 10%. It is at the discretion of the auctioneer to choose a different rate of increase.
8. If the limit agreed with the bidder is not reached, the auctioneer may place the order under reserve. However, the offer to the limit to the general public remains. Of the
In the event of a supplement to the limit, the object may be sold without consultation to other bidders or sold in free hand selling. Bids with reservation surcharges are binding for bidders for four weeks, but the auction house is free of charge. The estimate is not a limit; The surcharge can also be made under the estimated price.
IV. Purchase contract, purchase price, due date
1. With the award of the surcharge, a purchase contract is concluded between the bidder and the customer. All risks, in particular the risk of accidental loss and the accidental deterioration of the object of auction, are transferred to the bidder. The contract shall be binding on the purchase price and acceptance of the goods. The title to the auction items shall be transferred to the bidder only upon full purchase price payment. The tenderer is obligated to perform the service.
2. For the execution of the auction, the auction house receives a commission (surcharge) of 21% of the purchase price for the item to be ordered by the bidder plus the respective statutory value-added tax levied on this commission.
3. A VAT on the purchase price is not charged separately. If this is the case, it is already included in the award price. Customers and bidders are responsible for proper taxation.
4. The purchase price and the premium are due with the surcharge and are to be paid to the auction house immediately in cash or with bank-certified check. Checks shall be accepted for the sake of fulfillment, their acceptance shall not affect the retention of title and the goods shall be handed over in this case only upon receipt of the equivalent value. Payment is also possible by debit card or invoice. In the case of payment by invoice, the auctioned item will be handed over to the respective bidder only after receipt of the invoice amount. In the case of purchasers who have offered the-saleroom.com or lot-tissimo in writing, by fax, by e-mail, by telephone or via the online platforms, the claim is due with receipt of the invoice. The tenderer is not allowed to set off any claims, unless this is undisputed or legally established.
5. The bidder is obligated to receive the goods immediately after the auction or to collect or collect them at the latest 14 days after the auction. Dispatch of auctioned items shall be carried out at the expense and risk of the bidder, subject to specific instructions. For the dispatch, the auction house will charge the bidder the shipping costs (including packaging and personnel costs) plus the valid statutory value-added tax.
6. If the Bidder is in arrears with the collection, the Auction House shall be entitled to store the auctioned items at the expense of the Bidder or to hand them over to third parties for storage. For warehousing, storage costs of 5% of the purchase price are subject to a minimum of € 20.00 plus VAT. The bidder is allowed to prove that storage costs have not been incurred at all or to a much lesser extent, the auction house, that higher storage costs are incurred. We reserve the right to assert further claims for damages.
7. The defaulting bidder shall bear the costs of the necessary insurance. The issuing of stored objects is only possible at the dates notified in writing by the auction house.
8. The goods will only be handed over against full payment of the purchase price. The property shall be transferred to the bidder only upon full payment of the purchase price.Up to this point, the customer reserves the right to ownership of the goods. In the event of a delay in payment, interest on arrears shall be charged as a minimum loss in accordance with statutory provisions of 5% (for transactions involving a consumer) or 9% (for transactions not involving a consumer) above the base rate of the European Central Bank. The assertion of a higher damage caused by default remains reserved. In the event of a delay in payment, the customer may also exercise his statutory rights.
1. Insofar as the purchase contract between contractors on the contracting and bidding side, between consumers on the contracting party and the bidding side, and between consumers as contracting entities and contractors as bidders, any liability of the client for property and / or legal deficiencies (Sections 434 and 435 BGB) shall be excluded, unless the client has maliciously concealed the defect, has given a quality guarantee, is a newly manufactured thing or the customer is intent on a charge (§ 276 Abs.3 BGB).Furthermore, the exclusion of liability does not apply to damages resulting from injury to life, body or health resulting from a negligent breach of duty on the part of the client or a deliberate or negligent breach of duty by his legal representative or his vicarious agents. The exclusion of liability also does not apply to other damages which result from a grossly negligent breach of duty on the part of the customer or a deliberate or grossly negligent breach of duty by his legal representative or vicarious agents.
2. The contractual and statutory liability of the auction house is also excluded as a whole. The exclusion of liability does not apply to damages resulting from injury to life, body or health resulting from a negligent breach of duty by the auction house or a deliberate or negligent breach of duty by its legal representative or its vicarious agents. The exclusion of liability also does not apply to other damages which result from a grossly negligent breach of duty by the auction house or on an intentional or grossly negligent breach of duty by its legal representative or vicarious agents. The exclusion of liability also does not apply to the intention of the auction house, its legal representative or its vicarious agents in the sense of § 276 Abs.3 BGB.
The auction house undertakes to submit the complainant in good time to the client, provided that the tenderer is not able to reach it for actual reasons.
VI. data protection
The bidder is responsible for the storage and use of the data transmitted by him to the auction house (especially the first and last name, company, address, telephone and fax number, e-mail address) Of the purchase contract.
VII. Final provisions
1. The place of performance is Wiesbaden. If the bidder is an authorized buyer or if he does not have a general jurisdiction in Germany, then the court of jurisdiction is Wiesbaden. Only German law applies. The application of the UN purchase law is excluded.
2. Should one or more provisions of these auction regulations be wholly or partly invalid, the effectiveness of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the parties by means of an effective provision which is in accordance with the economic purpose.
3. Verbal ancillary agreements do not exist. All changes and additions to these conditions of sale require the written form to be effective. This also applies to the abolition, amendment and amendment of the written form clause itself. The priority of the individual agreement remains unaffected.