180. Auktion Autographen
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Sammlungen • Versteigerung • 24. Juni 2023 |<br />
General auction conditions<br />
I NT ERNAT IONA L E AUKT ION 180<br />
Which are also applicable exclusively without written<br />
acknowledgement upon submission of personal or written bids.<br />
1. The auctioneer acts in his own name for the<br />
account of his client, who remains anonymous (as<br />
commission agent).<br />
2. During the auction, the auctioneer reserves the<br />
right to combine or separate the lot numbers of the<br />
catalogue, to offer these out of sequence or to<br />
withdraw them.<br />
3. The items to be auctioned can be viewed prior to<br />
the auction. The catalogue descriptions are given to<br />
the best of our knowledge and belief and are no<br />
guaranties according to the Sale of Goods Act. The<br />
auction house accepts no liability for defects, insofar<br />
as it has complied with its duty of care. Apart from<br />
collections, the auction house does however engage<br />
to claim warranty rights from the supplier for justified<br />
claims, which must be notified to the auction house<br />
at the latest within one week of receipt of the item,<br />
within the 1 year period of limitation. In the event of a<br />
successful claim against the supplier, the paid<br />
purchase price, including the buyer’s premium, will<br />
be refunded. Any additional claim, including<br />
compensation for the costs of the claim, such as<br />
postage, inspection fees, etc., is excluded.<br />
4. Knockdown takes place to the highest bidder after<br />
it has been proclaimed three times. In justified cases,<br />
the auctioneer can refuse to knockdown or to award<br />
it subject to a proviso. The auctioneer can withdraw<br />
the knockdown and offer the item again, where a bid<br />
that was made in time was overlooked or where the<br />
highest bidder does not wish for his bid to stand, or<br />
where other doubts arise as to the knockdown. Where<br />
bids are made to the same value, a written bid has<br />
priority over a bid in the room. Telephoned bids must<br />
be subsequently confirmed in writing. The Auctioneer<br />
will accept no liability whatsoever for establishing the<br />
telephone connection or for the communication of<br />
bids – including those<br />
submitted by e-mail or via the internet. In the event<br />
of a knockdown subject to a proviso, until<br />
clarification with the supplier has been obtained, the<br />
bidder is bound by his bid for a minimum of six<br />
weeks; the same applies where bids lower than<br />
starting price are given and sales of unsold lots after<br />
completion of the auction. Bids such as “best” also<br />
rise by up to ten times the proclaimed price.<br />
5. Participation via the internet („Live-Bidding“) and<br />
use of the systems is limited by the auction houses<br />
equipment and the current technical state of said<br />
equipment. The auction house reserves the right to<br />
implement any changes to said equipment to<br />
improve the service provided. The participants accept<br />
that technical faults can occur and shall inform the<br />
auction house when this happens. The auction<br />
house/auctioneer shall not be liable for any<br />
disruption to the online connection nor for the<br />
compatibility of the hardware and software used.<br />
Sellers and bidders have no claims against the<br />
auction house/auctioneer, if a bid or closure does not<br />
come through or is delayed.<br />
6. Upon knockdown being given, the risk for loss or<br />
damage beyond the control of the auctioneer, passes<br />
to the purchaser. Ownership of the purchased item<br />
only passes to the purchaser when complete payment<br />
has been made to the auction house.<br />
7. The obligation to accept arises with the knockdown.<br />
The items are to be received immediately after the<br />
auction. If the purchaser requires shipment within<br />
Germany, this shall be provided at his own expense<br />
and, insofar as he is also a businessman, at his own<br />
risk.<br />
8. The sale of auction lots is subject to differential<br />
taxation. The acquisition price forms the basis for<br />
calculating the premium to be paid by the buyer. A fee<br />
of €3 is charged per auction lot. No VAT is indicated<br />
for goods that are subject to differential taxation.<br />
For buyers in European Union countries: Consumers<br />
pay a standard premium of 25% plus lot fee, postage<br />
and insurance.<br />
For Traders (as defined in the German VAT Act –<br />
UStG) pay a premium of 25% on goods that are<br />
subject to differential taxation (this premium<br />
includes 19% VAT) plus lot fee, postage and<br />
insurance. In the case of goods that are subject to<br />
regular taxation, a premium of 21% is charged, plus<br />
19% VAT charged on the total sum of acquisition<br />
price, premium, lot fee and postage/insurance. The<br />
movement of goods within the EU can be exempted<br />
from VAT in accordance with statutory provisions.<br />
For buyers resident in third-party countries (outside<br />
the EU): Buyers pay a 21% premium plus lot fee,<br />
postage and insurance. If <strong>Auktion</strong>shaus Ulrich<br />
Felzmann GmbH & Co. KG exports the goods to<br />
third-party countries itself, the invoice will not<br />
contain VAT. If the goods are exported by the buyer<br />
him/herself or via a third party, VAT will be charged<br />
and reimbursed on presentation of the necessary<br />
proof of export.In all cases, the buyer him/herself will<br />
assume any import taxes or customs duties.<br />
A premium of 21% will be charged for gold coins that<br />
are exempt from VAT.<br />
9. The invoiced amount becomes due with the<br />
knockdown and is payable in cash or by means of a<br />
bank certified cheque. Payments by external<br />
purchasers, who have bid in writing or by phone,<br />
become due within one week of the date of invoice.<br />
Where the purchase is made for a third party, the<br />
bidder shall be liable together with the third party as<br />
a joint and several debtor.<br />
10.In the event of a payment delay or refusal to accept<br />
the acquired lots, the buyer shall lose his/her rights<br />
relating to the acquisition price. Interest of 1.5% per<br />
month shall be charged in the event of a payment<br />
delay. In addition, the auction house can demand, as<br />
it sees fit, fulfilment or, after setting a deadline,<br />
compensation for non-fulfilment. The compensation<br />
can also be calculated in such a way that the item is<br />
auctioned again in a further auction and the<br />
defaulting purchaser is liable for any reduced<br />
proceeds compared with the previous auction and<br />
the special costs for repeat auctioning, including the<br />
fees of the auctioneer. In the event that sold lots are<br />
not paid for in full within a maximum of three months<br />
after the original auction date, the Auctioneer shall<br />
invoice said purchaser for at least the forgone<br />
auctioneer’s fees as compensation for non-fulfilment.<br />
The onus shall be on the purchaser to demonstrate<br />
that the Auctioneer did not incur any damages or<br />
incurred damages of a significantly lesser degree than<br />
the amount in question.<br />
11. German law shall apply. This shall not affect any<br />
protection that is granted to consumers on the<br />
strength of more favourable regulations afforded by<br />
legislation in the state in which they are resident or<br />
habitually reside (favourability principle). Should one<br />
of these General Auction Conditions prove to be<br />
wholly or partly void, this shall not affect the validity<br />
of the remaining conditions. In this case, the invalid<br />
conditions shall be replaced by valid conditions that<br />
most closely approximate the commercial substance<br />
and intent of the invalid conditions. The same shall<br />
apply for legal loopholes.<br />
When texts are provided in several languages, the<br />
German version shall be binding in the event of<br />
differences of opinion. The place of fulfilment and<br />
jurisdiction for business transactions shall be<br />
Düsseldorf, Germany.<br />
12. The afore-mentioned conditions do also apply to<br />
any lot sale after the date of auction. The sale of<br />
unsold lots is only possible for a limited amount of<br />
time. A winning bid which has been awarded via<br />
online catalogue, an online platform, telephone,<br />
email, or any other form will only be considered<br />
binding upon receipt of an invoice. The surcharges<br />
are calculated in line with point 8 of these terms and<br />
conditions.<br />
13. If one of the above mentioned conditions shall be<br />
wholly or partly void, this shall not affect the validity<br />
of the remaining conditions. In case of any<br />
discrepancies between the German and the English<br />
language version of these General Auction<br />
Conditions as well as any lot description the German<br />
language version is relevant.<br />
Status: March 2023<br />
The Auctioneer