General Terms of Sale of the Berliner Au
1 content
2 General provisions
2.1 Area of ??application
2.2 Analogous application
2.3 Distance Selling
2.4 Authorization of the auctioneer
2.5 Choice of Law
2.6 Place of jurisdiction / place of performance
3 catalog
3.1 Catalog descriptions
3.2 Prices
4 inspection
4.1 Viewing options
4.2 Testing of properties
5 auction
5.1 Call
5.2 Lot
5.3 Commandments
5.3.1 Commandments of those present
5.3.2 Written bids
5.3.3 Telephone bids
5.3.4 Live and Internet bids
5.3.5 Withdrawal of bids
5.3.6 Rejection
5.3.7 Liability
5.3.8 Sub-bids
6 surcharge
6.1 Grant
6.2 Refusal
6.3 Surcharge with reservation
6.4 Equally high bids
6.5 Calling again
6.6 Effect of the surcharge
6.7 Person of the bidder
6.8 Open Sale
7 Payment of the purchase price
7.1 Composition
7.2 Due date
7.3 Payment
7.4 VAT refund
7.5 Auctioneer's right of retention
7.6 Retention of title
7.7 Offsetting / right of retention of
Bidder
7.8 Default in payment / refusal of acceptance
8 Acceptance of transfer of risk, storage, shipping
8.1 Acceptance
8.2 Transfer of risk
8.3 Shipping
9 Warranty / liability /
9.1 General
9.2 Warranty in the event of an auction as a representative
of the consignor (as a rule)
9.3 Warranty as a commission agent
9.4 Other liability
10 auction of items bearing the mark
included in the sense of § 86a StGB
11 Arms Act
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2 General provisions
2.1 Area of ??application
These auction terms and conditions apply to the inspection, the auction including the post-sale and the processing of the agreement made through the auction by "Berliner Auktionshaus für Geschichte GmbH & Co.KG", hereinafter referred to as "Berliner Auktionshaus", including its reversal.
2.2 Analogous application
Insofar as "Berliner Auktionshaus" conducts electronic auctions (online auction) or sells goods over the counter, these VB apply mutatis mutandis, unless "Special Terms and Conditions" (BVB online, BVB sales) stipulate otherwise.
2.3 Distance Selling
The provisions on distance contracts (§§ 312b - 312d BGB) do not apply
2.4 Authorization of the auctioneer
"Berliner Auktionshaus" offers (in the absence of a different express declaration) the auction items on the basis of the orders placed by the consignor, within the framework of the auction carried out by it, in the name and for the account of the consignor.
"Berliner Auktionshaus" is authorized by the consignor to make all declarations or actions that are necessary for the transfer of ownership and / or handover to the bidder or are related to it with effect for the consignor as their representative. BAfhG is equally authorized to collect claims from the consignor and, if necessary, to assert them in court.
There is no entitlement to the naming of the client / consignor.
2.5 Choice of Law
All legal relationships to which these VB extend are subject exclusively to German law to the exclusion of international private law and international sales law, insofar as this does not conflict with more mandatory law.
2.6 Place of jurisdiction / place of performance
The place of jurisdiction is Berlin, regardless of where a disputed object is located.
If the bidder is a merchant or a legal entity under public law or special fund under public law, the place of jurisdiction and performance is also the seat of "Berliner Auktionshaus", currently Berlin.
In active litigation, "Berliner Auktionshaus" can choose a different, permissible place of jurisdiction.
3 descriptions
3.1 Descriptions
The descriptions are created to the best of our knowledge and belief. They serve the individualizing object description of the objects to be auctioned. Descriptions do not contain any guarantee of quality or even originality in the sense of § 443 BGB, unless such a guarantee is expressly declared. This also applies if the description is accompanied by an expertise or a reference is made to such a report. In the absence of any other declaration, declarations of guarantee are only made in the name of the consignor or the guarantor. Catalog descriptions are not information on properties, but merely a voluntary service provided by "Berliner Auktionshaus". It is up to the bidder to inspect the offered items in detail and to check their quality and provenance. The items to be auctioned are basically used.
3.2 Prices
The prices in EUR given in the catalog are minimum prices.
4 inspection
4.1 Viewing options & testing of properties
All auction items can be viewed in detail before the auction or before the order is placed in the business premises of the "Berliner Auktionshaus" at the designated times.
"Berliner Auktionshaus" also enables long-distance bidders to bspecial service of the "view broadcast".
For this purpose, the interested party has to pay the limit price plus commission and shipping costs in advance to "Berliner Auktionshaus" and undertake to return the item (s) on the same day, at the latest on the following working day.
The security deposit will be refunded if the return is undamaged. In the event of damage, loss or destruction, the interested party no longer has the right to reimbursement of the security deposit and must pay in full for any further costs in this context.
5 auction
5.1 Call
After calling up the individual auction lot and naming the amount for the first bid (minimum bid) by the auctioneer, the auction begins with the submission of bids by those present, telephone bidders and possibly live bidders via the Internet.
5.2 Lot
The auction takes place in the order of the catalog numbers. However, "Berliner Auktionshaus" is entitled to combine, separate, withdraw or call up lots out of sequence.
5.3 Commandments
Bids are submitted in German and in euros.
5.3.1 Bids from present and Internet live bidders
A bid is valid if it reaches the auctioneer's knowledge in good time.
5.3.2 Written bids
Written bids are conscientiously carried out by the "Berliner Auktionshaus", but without guarantee.
It undertakes to use only one increase step above the next lower bid (approx. 5-10%). Bids such as "or" and "maximum" (for several lots) are not taken into account in case of doubt.
The bidding steps must be followed by all bidders.
20 € -70 € = 5 €, 80,90,100,110,120,135,150,165,180,200,220,240,260,280,300,330,360,
€ 400-1000 = € 50, € 1100-5000 = € 100, € 5500-20,000 = € 500, € 20,000-100,000 = € 1,000
Bids that do not correspond to the bidding steps will be increased to the next higher step. Bids such as
So € 111 will be increased to € 120, bids like € 516 will be increased to € 550, etc.
Written bids can be ignored by the auctioneer if they are not received by the auctioneer on the same day and before the start of the auction.
5.3.3 Telephone bids
Telephone bidding is only possible after prior written registration, with an individual bid of at least EUR 100 and automatically means bidding at the limit price. There is no guarantee for the establishment of the telephone connection or for incorrect telephone information of any kind.
5.3.4 Live and Internet bids
Bids via the Internet can be made directly on our website as pre-bids at any time and free of charge.
There may be costs on other platforms on which our auctions are offered.
Live bidding is possible directly on our website after prior registration and will be charged at up to 3% of the hammer price.
Live bids from other providers are also only possible after activation by the "Berlin auction house" and can include different costs.
In principle, there is no guarantee that an internet connection will be established or maintained.
5.3.5 Withdrawal of bids
A flat-rate processing fee of EUR 30.00 net per lot will be charged for withdrawing bid orders that have already been placed, provided that the withdrawal is made later than 5 working days before the auction. In general, this must be done in writing.
5.3.6 Rejection
The auctioneer may reject bids without giving reasons. A bidder remains bound by his bid if another, higher bid is invalid or is rejected by the auctioneer.
5.3.7 Liability
The large number of bids can lead to input errors, so that a bidder may not receive any bids or the wrong bids for objects he is bidding for.
In the event of incorrect bids, "Berliner Auktionshaus" can call up each lot again.
The error correction will be carried out in the 5 working days following the auction.
"Berliner Auktionshaus" excludes any claims for damages in this context.
5.3.8 Sub-bids
Sub-bids are raised on exclamation.
6 surcharge
6.1 Grant
The knockdown is against the highest bid and is awarded if no higher bid is submitted after being called three times.
6.2 Refusal
The "Berliner Auktionshaus" can refuse the bid in justified cases, especially if the minimum price has not been reached or if the bidder is in default of payment from another auction of the "Berliner Auktionshaus" or he does not provide an agreed security or cannot offer sufficient references.
6.3 Surcharge with reservation
"Berliner Auktionshaus" can accept the bid with reservations. The surcharge can be reserved, in particular if the consignor agrees, the non-immediate payment of the purchase price or a part thereof and / or without the presence or deposit of a sufficient amountnden purchase price security. The knockdown can also be reserved under the condition of a missing written declaration or the lack of evidence that the auctioned items, which fall or at least may fall under Section 86a of the Criminal Code, will be used exclusively for the permissible purposes mentioned under 10.
If the auctioneer strikes with reservations, the bidder remains bound to his bid for a period of four weeks after the award. Acceptance takes place when the auctioneer sends the declaration of acceptance to the address given by the bidder. If the deadline expires without a declaration of acceptance, the knockdown becomes invalid and the auctioneer can call up the lot again.
In case of doubt, the "Berlin auction house" can finally refuse the bid and call up the lot again. The bids submitted up to then remain binding until this point in time.
6.4 Equally high bids
If the remote bid is the same, the time of actual receipt decides. If several people submit an offer of the same name at the same time, the lot decides.
6.5 Calling again
Disagreement about the highest bid or justified doubts about the knockdown will be resolved by calling the lot again. This also applies if a bid submitted in time has inadvertently been overlooked. The auctioneer can ignore objections to the knockdown if they are not raised immediately after the knockdown. With the renewed call, an already granted award expires.
6.6 Effect of the surcharge
When the bid is accepted, the contract between the consignor and the bidder comes into being.
It does not depend on the presence of both parties when the contract is awarded.
The auction protocol is decisive for the knockdown price.
6.7 Person of the bidder
The bidder is obliged to inform the auctioneer of his name and address and to provide evidence of this if necessary. The auctioneer is entitled to save this data for the processing of the contract resulting from the knockdown and, if necessary, to inform the consignor.
6.8 Free sale after the auction
The free sale of an auction is always part of the respective auction and is legally equivalent to it. Orders for free lots are treated like bids after an auction and the knockdown occurs at the time of receipt.
All offers for free lots are made subject to errors in the auctioning process. Invoicing does not automatically mean the availability of the invoiced property. Any free sale after the auction is subject to prior sale in the auction house. Claims for surrender cannot be made.
7 Payment of the purchase price
By winning the bid, the buyer undertakes to pay the purchase price to the "Berlin auction house" as the consignor's representative.
7.1 Composition
The purchase price consists of the hammer price and the buyer's premium of 18%. In addition, there may be additional charges for storage, shipping and insurance. The "Berliner Auktionshaus" is entitled to demand that the shipping costs are insufficient.
When auctioning in the name of the consignor (as a rule), the bidder also has to pay the applicable VAT on the buyer's premium. Foreign deliveries are exempt from VAT under certain conditions. As soon as these have been fulfilled and the proof of export has been provided on time, the VAT paid will be refunded. The "Berliner Auktionshaus" is entitled to claim insufficient VAT if the tax authorities do not recognize the reduced tax rate.
7.2 Due date
The total price is due immediately with the acceptance of bids from those present.
In the event of acceptance of written and admissible telephone bids, the total price is due 8 days after the invoice has been sent to the address provided by the bidder or the specified email address, without additional costs.
The longest payment term is 1 calendar month after the relevant auction.
The "Berliner Auktionshaus" can charge a fee (financing costs) for this.
7.3 Payment
Payments by bidders present are to be made in cash or by card. Checks are not accepted. If the "Berlin auction house" makes use of a direct debit authorization issued by the bidder, fulfillment only occurs with the auctioneer's effective confirmation to his account-holding bank. In the case of international transfers, the buyer has to bear all bank charges incurred.
7.4 VAT refund
EU residents who export the auction items they have purchased abroad will be reimbursed the VAT paid if they present the German customs export certificate within two weeks. If the auctioneer sends the auction items abroad, the proof of export does not matter if the VAT number of the auctioneer was given when the shipping order was placed.
7.5 Restthe auctioneer's right of retention
The surrender or delivery, even if the bid is accepted in writing, takes place at the earliest after the total price claim has been fully met.
7.6 Retention of title
If an item is returned before the total price claim has been met, the transfer of ownership is subject to the condition precedent that the total price claim has been met in full. The bidder is not entitled to resell the goods or make changes to them until then.
7.7 Offsetting / right of retention of the bidder
The bidder can only offset the claim for payment of the total price with undisputed or legally established claims or assert a right of retention on account of such claims.
7.8 Default in payment / refusal of acceptance
If payment is made later than 8 days after the invoice has been issued, the "Berliner Auktionshaus" is entitled to charge financing costs of at least 5% of the hammer price. If the bidder refuses to take delivery or does not pay within a further 14 days after a one-off reminder (reminder fee 5 €), the "Berlin auction house" can either assert its rights through debt collection agencies, lawyers or a direct dunning notice or revoke the bid and sell the items freely or auction again. The rights of the auctioneer expire and he is liable for any shortfall in proceeds and the disadvantages resulting from this for the consignor and the auctioneer, in particular for the total commission lost as a result and all costs in this context. The bidder is not entitled to any additional proceeds.
8 Acceptance of transfer of risk, storage, shipping
8.1 Acceptance
The bidder is obliged to accept the auction item immediately upon acceptance of the bid. The auctioneer can specify different collection periods in the catalog or in the auction date.
8.2 Transfer of risk
With the knockdown, the risk of accidental destruction and loss as well as accidental deterioration or damage to the auction item is transferred to the bidder.
8.3 Shipping
Storage, dismantling, assembly and shipping are carried out at the cost and risk of the bidder. In this respect, the auctioneer is only liable for damage caused intentionally and culpably. Freight forwarders and comparable companies are not vicarious agents of the auctioneer. Damage to consignments received, irrespective of whether they are concealed or open, must be reported to the auctioneer within 3 days. According to the AdSB, freight forwarders are only liable for complaints within this period.
The dispatch takes place in principle in the insured package. The minimum flat rate for shipping within Germany is € 12 (Europe € 25 / overseas € 50), regardless of the value or weight of each registered shipment! The buyer bears all shipping costs and also the shipping risk.
Other forms of dispatch cannot be adequately insured by post. The following variants are possible: collection by the customer, insured shipping, commissioning a shipping company to be borne by the buyer or taking out individual shipping insurance to be borne by the buyer. The following also applies to domestic shipments: Postage and insurance costs for valuable, bulky or fragile goods are calculated individually and can also be requested.
9 Warranty / liability
9.1 General
All items up for auction are used. They will be auctioned in the condition in which they are at the time of the knockdown, with no guarantee for obvious or hidden defects or the existence of the properties described in the catalog. Books and albums have not been checked for completeness, for example, normal signs of wear, notes or deletions are not mentioned in the catalog or when they are called up.
The properties of the material are described based on visual and experience.
In principle, only non-destructive test methods are used (e.g. optical / UV / magnetic).
As a rule, objects are not disassembled.
Before the auction, each bidder is free to have objects non-destructive (e.g. x-ray / microscope) checked at his own expense and after consultation with the "Berlin auction house" and the respective consignor.
The costs of so-called expert opinions are generally borne by the interested party and are not reimbursed.
9.2 Warranty in the event of an auction as a representative of the consignor (normal case)
The auction items are auctioned in the name of the consignor. "Berliner Auktionshaus" does not guarantee the quality or originality of objects. However, it undertakes to forward any notifications of defects to the consignor within the statutory warranty periods after the acceptance of the contract without reservation.
9.3 Warranty as a commission agent
"Berliner Auktionshaus" is only liable for defects in cases of culpable violation of its own duty of care; liability is excludeden if "Berliner Auktionshaus" did not recognize the error as a result of slight negligence. The warranty claims are limited in this context to claims from §§ 437 No. 3, 311a BGB.
9.4 Other liability
Damages resulting from misunderstandings or transmission errors between the "Berlin auction house" and the buyer are at the expense of the bidder.
"Berliner Auktionshaus" is only liable to third parties for willful or grossly negligent breaches of duty and beyond that only within the framework of the auction insurance.
In the event of loss, destruction, etc., reimbursement will be made at the current limit according to the catalog minus the agreed commission.
10 Auctioning of items that contain labels within the meaning of Section 86a of the Criminal Code
As long as the consignor and bidder / bidder do not express themselves to the contrary, they assure that they will only use the catalog and the items offered in it, which relate to the period from 1933 to 1945 and which fall or may fall under Sections 86, 86a StGB, only to those in 86 (3) StGB for specific purposes (civic education, defense against unconstitutional and anti-constitutional endeavors, scientific and art-historical research, education and reporting on current affairs or military-historical and uniform research). The seller only offers the items named in the catalog under these conditions. With the bid, the bidder undertakes to acquire the items only for the reasons mentioned above and not to use them for propaganda purposes in any way, in particular in the sense of Section 86a of the German Criminal Code.
The auctioneer is entitled not to auction objects that fall or may fall under Sections 86, 86a StGB without giving reasons and to refuse the bid if the bidder does not offer any guarantee that these objects will meet the requirements set out in Section 86 (3) of the Criminal Code.
11 The following applies to the auctioning of firearms that do not require a permit and / or ammunition that does not require a permit, as well as other free weapons:
Sold only to people over the age of 18.
