180. Auktion Einzellose

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