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Terms and conditions for auction
The auctioneer acts on behalf of and for the account of third parties. The auctioneer is authorised, on behalf of the consignor, to assert all rights arising from the consignor’s instructions and the knockdown. The acceptance of a bid means a contract of sale is concluded between the consignor and the successful bidder. The auctioneer is legally obligated, on the request of the consignor or the buyer, to name the respective other contracting party.
The auctioneer reserves the right to combine, separate or withdraw numbers in the catalogue or offer them in a different order to that listed in the catalogue during the auction - all while safeguarding the interests of the consignors.
The items put up for auction may be viewed and checked before the auction. No warranty for the catalogue descriptions, which are given to the best of knowledge and belief, is given by the auctioneer in the legal sense - with the exception of what is stipulated in number 12. In the case of accumulations, the information provided does not relate to contractually agreed qualities in terms of purchasing law. The auctioneer also accepts no warranty for individual stamps and their qualities as far as these originate from accumulations. Expressions such as “mint” or “complete” reflect the impression given by random samples but are no warranty however. Any accumulations are only auctioned as they are. In the case of individual lots, the buyer, if he or she is an entrepreneur, may not assert claims against the auctioneer based on material defects if the auctioneer has fulfilled his or her obligations to exercise due diligence. However, in the event of justified complaints he or she is notified of no later than 3 weeks after the auction has ended, the auctioneer shall assert his or her claims for defects against the consignor within a period of 12 months. In the case of a successful claim, he or she shall refund the purchase price to the buyer along with an additional fee; any further claims, including for the reimbursement of inspection and postage expenses or interest, are not possible. Only in the case of a forgery or a falsification shall the auctioneer refund the costs of an certified expert from the BPP (German philatelic experts’ association). Liability for bodily injury and damage to health remains unaffected.
The sale goes to the highest bidder after three calls. In justified cases, the auctioneer can refuse to knock down a item or accept a bid under reserve. He or she can withdraw the knockdown and offer the item for sale again if a bid submitted in time has been overlooked or if the highest bidder does not allow his or her bid to stand or should there otherwise be doubt surrounding the bid accepted. In the case of bids accepted under reserve, the bidder shall be bound to his or her bid until the consignor has been conferredwith, and in any case until at least sixweeks have passed; the same applies for the submission of lower bids and for purchases in the post-auction sale.
Upon the bid being accepted, the risk of losses or damages that are beyond the auctioneer’s control shall pass to the buyer. Ownership of the auctioned item is only transferred to the buyer once the auctioneer has received full payment.
Acceptance of a bid commits the bidder to accepting the item auctioned. The items are to be taken immediately after the auction. If the buyer would like the items to be shipped, he or she must bear the costs of this. In the case that the buyer is an entrepreneur, the risk is passed to the carrier or a person or institute otherwise intended for shipping as soon as the items are handed over. If shipping is not possible or reasonable, due for example to non-fulfillable customs legislation, the auctioneer may, at his or her own discretion, decide not to dispatch but to merely make the auctioned lots available to the buyer for collection. In this case the buyer must collect the auctioned goods or have them collected from the auctioneer at his or her own expense.
The auctioneer shall receive a commission from the buyer of 20%of the hammer price plus 2.00 Euro per lot. In the case of bids made in writing, the postage and insurance flat ratewill be charged separately. The legally applicable value added tax at the rate of currently 19%is only charged on additional expenses (additional fees, lot fee, postage etc.) because a purely intermediary service is being provided. Intermediary services are provided to business customers from other EU countries with a VAT no. under the “reverse charge system”, i.e. the commissions, the lot fees and the other costs are not subject to German value added tax. In these cases, the customer is obligated to pay the value added tax on these charges in his or her home country. For intermediary services provided to business customers from a third country, no value added tax is payable if commercial status can be proven in an appropriate manner. Also intermediary services provided to private customers from third countries are with value added tax. Invoices issued during the auction are only valid subject to a special subsequent inspection for errors.
The invoice amount is due upon the bid being accepted and is payable in cash or by certified cheque. Buyers from outside, who submitted their bid in writing or by telephone, are due to pay their invoices within 10 days of receiving them.
In the case of delayed payment, interest at an amount of 2% per month shall be charged as damage caused by default. Furthermore, the auctioneer can demand either fulfilment or, after setting a deadline, compensation of damages for non-fulfilment; the compensation of damages can also be charged for through the item being put up for sale again in a new auction and the defaulting buyer having to compensate for a possible shortfall in proceeds compared to the earlier auction along with the special costs of the repeated auction including the fees of the auctioneer.1.In the case of delayed payment, interest at an amount of 2% per month shall be charged as damage caused by default. Furthermore, the auctioneer can demand either fulfilment or, after setting a deadline, compensation of damages for non-fulfilment; the compensation of damages can also be charged for through the item being put up for sale again in a new auction and the defaulting buyer having to compensate for a possible shortfall in proceeds compared to the earlier auction along with the special costs of the repeated auction including the fees of the auctioneer.
Written orders to bid and those sent by email will always be executed safeguarding the client’s interests, but without any guarantee. In case of best or highest bids, the auctioneer may bid up to five times the start price. “Bid” lots shall be knocked down at the highest bid and cannot be included in a possible purchase price limitation or bid limitation. Bids on “bid” lots are executed independently in such cases also. Customers who would like to bid by telephone during the auction must offer at least the estimated price and place an order in writing before the auction. If the customer cannot be contacted by telephone, the auctioneer shall execute the order at the estimated price. In the case of telephone bidding, the auctioneer makes no guarantee for the connection being successful.
As far as catalogue owners, auction participants and bidders do not state anything to the contrary, they affirm that they will only acquire the catalogue and the articles illustrated therein from the time of the Third Empire for the purpose of the civil enlightenment, prevention of anti-constitutional endeavours, for arts or science, research or instruction, for reporting of proceedings of the present time or of history, or for similar purposes (§§ 86a, 86 of the German Criminal Code (StGB)).
The auctioneer guarantees the authenticity of all purchased individual lots of the German classic period up until 1875 to the successful bidder for a period of five years. If the lots are subject to a current inspection carried out by an association expert who is personally liable for his or her inspection, the auctioneer will only be liable to the extent that the expert is liable towards him. The liability is limited to the repayment of the purchase price.
The place of fulfilment and legal venue for commercial dealings is Mülheim an der Ruhr. German law shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If one of the preceding conditions should be ineffective in whole or in part, the validity of the remaining conditions shall not be affected by this. The preceding provisions shall also apply mutatis mutandis to the post-auction sale. The provisions relating to distance sales shall not be applied here. This translation of the "Versteigerungsbedingungen" is provided for information only; the german version is to be taken as authoritative.