Auction Conditions
AUCTION CONDITIONS
The auctions at the Kunst & Auktionshaus Walter Ginhart ( hereinafter referred to as "Auctioneer" / Auction House) are subject to the following conditions, which are recognized by personal, written, telephone or online participation in the auctions via the Internet. These conditions also apply analogously to open-air sales.
1. Fundamentals of the auction and material defects
a) The auction house auctions in a public auction as commission agent in its own name and for the account of the consignors who remain unnamed.
b) All objects that come up for auction can be viewed and checked before the auction. The things are used. The catalog descriptions are made to the best of our knowledge and belief, they are for information only and are not part of the contractually agreed quality of the items and are in particular no guarantees in the legal sense. The same applies to oral or written information of all kinds as well as the description of the objects when called up. If an Internet catalog is also created, the information in the printed version is nevertheless authoritative. Impairments to the state of preservation are not always indicated, so that missing information also does not constitute a quality agreement. The auction house reserves the right to correct catalog information. This correction is made by means of a written notice at the auction site and orally by the auctioneer immediately before the auction of the individual item. The corrected information replaces the catalog descriptions. All items are auctioned in the state in which they are at the auction. The auction house assumes no liability for incorrect translations of the catalog texts from German into other languages. Own goods are marked with an * asterisk. The auction house assumes no liability for incorrect translations of the catalog texts from German into other languages. Own goods are marked with an * asterisk. The auction house assumes no liability for incorrect translations of the catalog texts from German into other languages. Own goods are marked with an * asterisk.
c) The auction house undertakes to assert its claims against the consignor in the event of material defects that have been asserted within 12 months of the knockdown, provided the buyer has paid the auction house's invoice in full. In order to assert a material defect, the submission of the report of a recognized expert who proves the defect is required at the expense of the buyer. In the event of successful use of the seller, the auction house will only reimburse the buyer, step by step, against the return of the item. The buyer remains obliged to pay the premium as a service charge. Liability for the auction house due to material defects is excluded.
2. Bids, knockdown
Each bidder must provide his name and address before the auction begins. This also applies if he participates in the auction as a representative. In this case, he must also state the name and address of the person represented. If in doubt, the bidder acquires in his own name and for his own account. To ensure the execution of written bids, they must be received on the form provided - at least 5 hours before the start of the auction at the auction house. The bidder is required to provide proof of access. In order to be able to submit a written bid effectively, it is necessary to specify the tenderer's person or company and the lot number. When submitting the bid, a telephone number must be given, under which the bidder can be reached regularly. The bid is limited to the specified lot number. Written bids will only be used by the auction house with the amount necessary to outbid another bid. Telephone bids will be accepted. A prerequisite for participation by telephone is a written notification that is received by the auction house at least 24 hours before the start of the auction day. The auction house assumes no liability for the establishment or maintenance of telecommunications connections as well as the proper transmission and timely access of online offers to the auction house. What is decisive for the auction and its course of events is what is going on in the hall (eg with regard to corrections in accordance with Section 1 b). Only the bids made in the hall are binding. The auction house can reject bids if there are factual reasons. This applies in particular if, at the auction house's request, bidders cannot provide sufficient security prior to the auction that corresponds to the value of the bid. If a bid is rejected, the bid placed immediately before remains binding. The auction house reserves the right to combine lot numbers, to separate them, to offer them out of sequence, to withdraw them if there is a factual reason or to reserve them (UV surcharge). The lot number is the number under which the items are called up in the auction, recorded in the auction catalog or offered on the open market. The bid is accepted after three calls to the highest bidder. If more than one person places the same bid and after three calls, no higher bid is made, the lot will be decided. In the case of identical written bids, the first receipt is awarded. If there are doubts as to whether or to whom the bid has been awarded, or if a bid submitted in time has been overlooked, or if the highest bidder does not wish to accept his bid, the auction house can refuse the bid. To protect the delivered item, the auction house is entitled to award the seller to the seller at agreed limits. In this case there is a decrease. In the event of a subsequent bid for the limit, the item can be sold to another bidder without prior consultation or sold in the post-sale. A bid expires if the auction house rejects it, if the auction is closed without a knockdown or the item is called up again. An ineffective overbid does not invalidate the previous bid. With the knockdown by the auction house, the bidder is obliged to accept the item and to pay. Ownership of the auction items is only transferred to the buyer once all claims of the auction house have been fully settled. When paying by check, the unconditional bank credit or receipt of payment is only considered a fulfillment. The risk of accidental loss and accidental deterioration of the item passes to the buyer with the knockdown. The post-sale is part of the auction at which the interested party places an order in writing with a certain amount. The provisions on distance contracts according to Sections 312b ff BGB do not apply.
3. Purchase price
a) A premium of 23% is charged on the hammer price . This includes the statutory sales tax, which is not shown due to the application of differential taxation according to § 25 a UStG.
b) Regular taxation continues to apply to goods that do not meet the requirements of § 25 a UStG. A surcharge of 19.32% is then levied on the hammer price and the statutory sales tax on the total (hammer price + hammer premium).
c) In the cases according to b), the following text can be found in the description text: "Rgb." = 19% VAT. / "Rgb. *" = 7% VAT.
d) Deliveries to third countries are exempt from VAT and - if the VAT ID no. - also to companies in EU member countries. If buyers bring auctioned items to third countries themselves, you will be reimbursed for the sales tax as soon as the auction house receives the customs export certificate and the import certificate of the importing country.
e) Invoices issued during or immediately after the auction require verification; In this respect, errors are reserved.
f) The rewriting of invoices is time-consuming and therefore subject to charges.
4. Due date, payment and delay
Buyers personally participating in the auction must pay the final price (hammer price plus buyer's premium and sales tax) to the auction house in cash or with EC, Visa or bank-confirmed check immediately after the successful bid. For buyers who bid in writing, by telephone or online, the claim is due upon receipt of the invoice. The buyer waives the right of retention from other, also previous transactions of the current business relationship. The buyer is only allowed to offset counterclaims if they are undisputed or have been legally established. The buyer, if he is an entrepreneur, waives the right to refuse performance according to § 320 (§ 322) BGB. In the event of late payment, default interest will be charged; the amount is 5% above the base rate of the ECB pa for private buyers (consumers), 8% above the base rate pa for commercial buyers (entrepreneurs). If the payment is made in a foreign currency, any exchange rate loss and redemption fees will be charged to the buyer. In addition, the auction house can claim the buyer for damages due to culpable breach of duty. For this purpose, a default fee of 3% of the total claim can be charged after the second reminder as a lump sum, unless the buyer can prove that no damage has occurred or that the damage has been incurred to a significantly lesser extent. Instead of the lump sum for damages, the auction house can demand compensation for the specifically incurred damage. This can be calculated that the item is auctioned again in a further auction with a limit determined at the auction house's due discretion and that the defaulting buyer has to pay for the minimum proceeds compared to the previous auction and for the costs of the repeated auction including commission and expenses of the auction house. In this case, he is not entitled to additional proceeds. The rights from the previously awarded surcharge expire with the new surcharge. Upon default, all claims of the auction house against the buyer become due immediately. The auction house is entitled to pass on information about defaulting buyers to the Association of German Art Auctioneers or to their members.
5. Collection, dispatch, storage
The buyer is obliged to receive the items immediately after the auction. Buyers who took part in the auction in writing, by telephone or online must collect the items no later than 14 days after receipt of the invoice. However, items purchased at auction will only be released with full settlement of all claims. If the buyer defaults on acceptance, the auction house is entitled to store the item at its own risk or at the expense of third parties. The buyer also bears the cost of necessary insurance. For storage, a cost reimbursement of up to EUR 6 (plus VAT) or the rate of the warehouse company will be charged per object and day. The buyer reserves the right to prove that costs have not been incurred or have not been incurred in this amount. The date for the return of stored items is to be agreed with the auction house or third parties. The packaging, insurance and dispatch of auctioned items is at the expense and risk of the buyer; the auction house is only an intermediary for these services. Shipping orders will only be executed if the auction house or the company entrusted with this task has the shipping order signed by the buyer and the determined shipping costs and all other claims of the auction house have been paid. If the buyer has been in default of acceptance for at least 12 months, the auction house is entitled to dispose of the items. The auction house is entitled to deduct all claims against the buyer from the proceeds from the sale.
6. Liability
The auction house is fully liable for intent and gross negligence. In the event of negligent breach of essential contractual obligations, the auction house is liable up to the limit or estimated price. The auction house is not liable for slight negligence in the event of a violation of simple, ie non-essential, obligations. This disclaimer also applies to the personal liability of legal representatives, senior executives and vicarious agents.
7. General
These conditions regulate all legal relationships between the bidder or buyer and the auction house. General terms and conditions of the bidder or buyer are not applicable. Verbal collateral agreements do not exist. Changes must be made in writing in order to be valid. The place of performance and jurisdiction, insofar as it can be agreed, is Rosenheim. German law applies exclusively. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. The costs of any legal prosecution abroad are borne by the buyer insofar as they are not reimbursable under the respective national law. Should one or more provisions of these auction conditions be wholly or partially ineffective, the effectiveness of the remaining provisions remains unaffected.
8. Requirements for the acquisition of histories
As long as catalog owners, auction participants and bidders do not state otherwise, they assure that they will only use the catalog and the items from the "Third Reich" period that may be offered and depicted therein for the purposes of civic education, the defense against unconstitutional efforts, art or science , research or teaching, reporting on current events or history, or similar purposes (Sections 86a, 86 Criminal Code). The Kunst & Auktionshaus Ginhart, their auctioneers and consignors only offer and hand over these items under these conditions. Saber, cutting and stabbing weapons that are not subject to the Weapons Act may only be handed over to persons over the age of 18.
