Terms of Public Auction
The conditions published in German apply. This is a translation only and is intended to help you orient yourself.
Terms of Public Auction
1. Participation in the auction
1.1 Personal participation in the auction is only possible with a bidder number. This is granted for the duration of the auction. The prerequisite is that the bidder identifies himself, gives his full name and a domestic address or provides appropriate securities. Bidders who bid on behalf of someone else are jointly and severally liable. The participant is liable for the loss and any improper use of the bidder number assigned to him. The owner of a bidder number under which a bid was submitted is jointly and severally liable for the fulfillment alongside the buyer if he is responsible for the use of his bidder number.
1.2. The auctioneer can exclude persons from the auction without giving reasons, in particular persons who disrupt the auction or inspection or who are in default of payment or collection. Trading and bartering is prohibited for unauthorized persons at the auction site. In the event of an infringement, claims for damages will be made and a house ban will be issued.
2. Obligation to inspect and exclusion of warranty
2.1 The auction item can be inspected and checked before the auction. The independent commissioning of devices, machines, vehicles, etc. is strictly prohibited. Admitting that you did not take advantage of the opportunity to inspect the property does not entitle you to make a complaint at a later date. Every visitor is liable for any damage caused by him. Fault cannot be proven in this case.
2.2 The catalog descriptions are made to the best of our knowledge and belief and do not constitute a guarantee within the meaning of § 443 BGB. The same applies to verbal or written information of any kind. Specified technical data, dimensions, weights, years of construction, etc. are non-binding. Errors excepted. The bidder also waives the assertion of any product liability with regard to the statutory inspection options. The bidder(s) acknowledge that any complaints are excluded and no guarantee is given for quality, condition, completeness, open or hidden defects, other damage or special properties. The items are usually used and are sold in the condition in which they were sold.
2.3. Claims for damages against the auctioneer due to breaches of duty are limited to intent and gross negligence. This does not apply in the case of injury to life, limb or health, nor in the case of a breach of obligations that arise from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract, as well as damage caused by delay. Liability in the event of a breach of essential contractual obligations is limited to the regularly foreseeable damage.
2.4. If objects from the Third Reich are offered and auctioned off, this is done solely for the purposes of civic education, defense against unconstitutional efforts, art or science, research or teaching, reporting on current or historical events or for similar purposes. By submitting a bid, you are assured that you only want to acquire these items for the above-mentioned purposes.
3. Procedure of the auction
3.1 All items are offered subject to change and are subject to change up to the auction date. The auctioneer has the right to combine, separate, offer out of sequence or withdraw numbers. The call is at the discretion of the auctioneer. It usually takes place at the specified limit. As a rule, auctions are increased by €10 up to €180, and by approx. 10% above that, or at the discretion of the auctioneer. Bids on unlimited items are accepted at our discretion and generally only from a bid of €10.
3.2 Purchase orders (written bids) must be placed in writing and received by the auctioneer no later than 24 hours before the start of the auction. The prices contained therein apply as a limit for the bid. The surcharge will be invoiced additionally. Orders by e-mail require confirmation by the auctioneer. Orders by telephone will only be considered after prior legitimation, see above, and confirmation by the auctioneer. Orders can be rejected at any time without giving reasons.
3.3 Telephone bids can only be placed on items priced at €200 or more. If the bidder cannot be reached by telephone at the time of the call, the auctioneer will bid up to the highest bid specified in the order. If no maximum bid is specified in the order, the limit is generally bid. Bids below the limit are not possible as telephone bids.
3.4 The auctioneer is not liable for technical transmission errors or the establishment of connections (e-mail, fax, telephone).
3.5 The bid is accepted after the highest bidder has been called three times. Bids are binding and cannot be withdrawn. The auctioneer has the right to reject a bid or to accept a bid with reservations. The unconditional award becomes effective when the written notification or invoice is sent to the address specified by the bidder. The auctioneer determines the amount of the minimum bid. (Errors and omissions excepted). Prices / limits and bids are in EURO for each item from the auction location, foundation or location undismantled and unloaded.
3.6 If several people submit identical bids, the auctioneer decides. Disagreement about the final bid is resolved by bidding again. This also applies if a timely higher bid was mistakenly overlooked.
4. Surcharge, transfer of risk, collection, shipping
4.1 A purchase contract is concluded between the client and the bidder when the bid is accepted or an agreement is reached on a bid outside of the post-auction sale. The bid obliges to accept and pay the purchase price. These main performance obligations are due immediately. The buyer is obliged to make advance payments. The property of the seller remains reserved until the complete fulfillment of the contract by the buyer. With the award of the bid, ownership and risk are transferred directly to the buyer; ownership is only transferred after full payment of the purchase price.
4.1 The purchase price consists of the hammer price and a premium of 16.81% on the hammer price plus the applicable VAT. An additional fee of 3% (www.niederauer-auktionen.de, lot-tissimo, the-saleroom) plus the applicable VAT will be charged for surcharges that are offered via LIVE bidding.
4.2 The knocked down items are to be removed immediately after the end of the auction. Absent buyers are obligated to pick up auctioned items immediately after notification of the bid (duty to collect). If bidders participate in the auction exclusively by means of written bids, the purchase price must be paid within 7 days of the invoice date and the items must be accepted within the same period. A free custody order between the auctioneer/client and the bidder will not be concluded. There is no property insurance for items purchased at auction. Neither the auctioneer nor the customer shall be liable for the loss or subsequent defects of or on items purchased at auction. The bidder is responsible for guarding or insuring items bought at auction.
4.3 Items purchased at auction will only be shipped by separate agreement and exclusively at the expense and risk of the buyer. The co-transfer of a shipping fee specified on an invoice is considered to be an order for shipping. Shipping will only take place after payment and any additional information that may be required, such as telephone number, different shipping address, etc. The auctioneer is free to choose the shipping service provider. Shipping costs are calculated depending on packaging costs and the costs of the shipping service provider. The packaging is always done according to the DHL standard packaging method, protection level 1 (non-fragile items).
4.4 Import and export restrictions, restrictions through sanctions and other statutory provisions. Regulations, especially outside the European Union, for certain objects and materials (e.g. ivory), can prevent the import and/or export of objects, including shipping. In the event that an item purchased by him is subject to such restrictions, the buyer must obtain the necessary permits and make them available to the auctioneer for the purpose of shipping. Any costs, customs duties, levies, etc. arising in this context are to be borne by the buyer.
Export declarations from a total goods value of €1,000 are only carried out for goods sent by DHL parcel.
5.1 If the buyer refuses acceptance or payment or defaults on payment of the purchase price, the auctioneer can either demand performance of the purchase contract or compensation for non-performance. Irrespective of the possibility of claiming higher actual damage, the auctioneer is entitled to demand 37% of the hammer price as flat-rate compensation without proof. The auctioneer can switch from a claim for performance to a claim for damages at any time. The auctioneer can assert claims of the client for his account in his own name.
5.2 Items that have not been picked up will either be put into or temporarily stored by a forwarding agent at the expense of the buyer, whereby all storage and transport, dismantling, etc. are carried out for the account and risk of the buyer, or offered for sale again. The first buyer is liable for the loss of revenue and any costs incurred with the new offer.
6. Miscellaneous Provisions
6.1 If the auctioneer is obliged to pay compensation for any reason, he does not have to bear any consequential damage.
6.2 Invoices issued during or immediately after the auction must be checked again and are issued subject to subsequent corrections.
6.3 The sales contract is exclusively subject to German law. Supranational rights or other rights are waived. The place of jurisdiction for dunning matters for commercial transactions is 72458 Albstadt.
6.4 Conflicting terms and conditions of customers are not recognized. The assignment of claims by buyers is excluded. Data collected as part of the auction will only be stored to process legal transactions and to fulfill legal obligations. Address data may also be stored for the purpose of providing information about future auctions, provided this is not objected to. Further information can be found in the data protection information.
6.5 Should one of the above auction conditions be or become invalid, a valid regulation that corresponds to the meaning and in particular the economic purpose of the invalid regulation shall take its place. This does not affect the effectiveness of the remaining auction conditions.