TERMS
The following conditions apply to auctions and store purchases, as well as purchases made through the online shop. The Eppli Auction House auctions and sells items in the name of and on behalf of the consignor (client). The Eppli Company is authorized to act on behalf of the consignor in all matters relating to the auction or sale of the consigned items.
§2
The items to be auctioned are second-hand and are available be inspected and tried on prior to the auction. The Eppli Auction House (as the vendor) shall not be liable for any defects in the goods. All information and descriptions of the items do not represent a guarantee.
In accordance with § 459 BGB.
§3
The auctioneer can combine lot numbers, separate them, withdraw them, or call them out of order. He ultimately decides on the acceptance or rejection of a bid.
§4
Eppli Auction House shall not be liable for errors. The liability is restricted to intentional and gross negligence of the company, including all employees and agents (e.g. defects of title, noncompliance, impossibility of performance, failure to fulfill a contract, illegal activity).
§5
The submission of a written, telephone, or personal bid and the acceptance of it constitutes and irrevocable purchase contract, which includes the acceptance and payment of the bidded price plus premium. In the case of a disagreement over the contract or an overlooked bid, the auctioneer will decide whether to declare the contract null and void and auction the item again.
§6
If the contract is awarded, all risks are assumed by the successful bidder (e.g. risk of accidental loss or deterioration). Ownership is only awarded after the complete payment of the closing price as well as the buyer's premium.
§7
The closing price includes a buyer's premium of 20%.
§8
The purchase price is due within 7 days and the items must be collected (at the auction site within 3 days).
§9
In the case of delayed payment, a reminder is sent and a late fee of 3% is charged. If there is continued delay in payment, the Eppli Company can demand the fulfillment of the contract of sale or claim damages for non-performance. The items can be placed in another auction and sold there. Any losses arising from this sale, such as the costs and fees of the new auction, will be charged to the defaulting bidder. With the new sale, the rights of the defaulting bidder from the previous auction are revoked.
§10
If the buyer is delayed in the collection of their purchased item(s), a storage fee of 5 Euros per lot per day plus taxes will be charged. The collection of items placed in storage is only possible with a confirmed appointment.
§11
These conditions apply to all locations (Stuttgart and Leinf.- Echterdingen), as well as to all auctions and sales conducted on site.
§12
Place of execution and jurisdiction is Stuttgart. German law applies.
§13
Those in possession of our catalogue, auction participants, and visitors and buyers of post-auction items assure that - unless declared otherwise - that all items described or pictured in the catalogue or displayed in store from the third reich are only for the purposes of public education, the resistance of unconstitutional endeavors, as art or academics, for research or instruction, reporting of history, or similar purposes (§§ 86a, 86 Strafgesetzbuch). The auction house and its consignors offer these items only under these conditions and release them only under these conditions.
§14
Should any conditions become invalid, in whole or in part, the validity of the remaining conditions shall remain unaffected.
Buyers Premium
Lots are sold subject to the Authorship Warranty, as described in the catalogue (unless such description is changed or supplemented) and in the condition that they are in at the time of the sale on the following basis:
(a) The knowledge of Phillips in relation to each lot is partially dependent on information provided to us by the seller, and Phillips is not able to and does not carry out exhaustive due diligence on each lot. Prospective buyers acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the lots in which they may be interested. Notwithstanding the foregoing, we shall exercise such reasonable care when making express statements in catalogue descriptions or condition reports as is consistent with our role as auctioneer of lots in this sale and in light of (i) the information provided to us by the seller; (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made.
(b) Each lot offered for sale at Phillips is available for inspection by prospective buyers prior to the auction. Phillips accepts bids on lots on the basis that bidders (and independent experts on their behalf, to the extent appropriate given the nature and value of the lot and the bidder's own expertise) have fully inspected the lot prior to bidding and have satisfied themselves as to both the condition of the lot and the accuracy of its description.
(c) Prospective buyers acknowledge that many lots are of an age and type which means that they are not in perfect condition. As a courtesy to clients, Phillips may prepare and provide condition reports to assist prospective buyers when they are inspecting lots. Catalogue descriptions and condition reports may make reference to particular imperfections of a lot, but bidders should note that lots may have other faults not expressly referred to in the catalogue or condition report. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as precise indications of size or to convey full information as to the actual condition of lots.
(d) Information provided to prospective buyers in respect of any lot, including any pre-sale estimate, whether written or oral, and information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather a statement of opinion held by Phillips. Any pre-sale estimate may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time by Phillips in our absolute discretion. Neither Phillips nor any of our affiliated companies shall be liable for any difference between the pre-sale estimates for any lot and the actual price achieved at auction or upon resale.
