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Auction conditions live auction

1. The auction of the objects shall take place publicly and voluntarily on behalf of and for the account of the contracting authorities, who shall remain unnamed in the auction. Used objects are auctioned, for whose functionality in particular with used clocks, no warranty is given. Old jewellery and watches are considered antiques and are not auctioned off as articles of daily use. The Auctioneer is entitled, even after the auction, to refuse to provide information on the person of the Consignor if and to the extent that he simultaneously assumes absolute liability for any liabilities of the Seller.

2. All items can be viewed and inspected at least 2 hours before the auction. Bidders generally buy „as inspected“ or „as could have been inspected“. The images on the Internet are not binding in particular as to size, and color concerns. All items will be auctioned in the condition in which they were at the time of the auction. No liability is assumed for quality, condition, completeness, functionality, obvious and hidden defects, damage, special properties or the like. The bidder therefore acquires the items as seen and to the exclusion of any warranty claims against the auctioneer and the seller. Written and verbal information provided by the Auctioneer on the goods to be auctioned, in particular in the respective auction catalogue, are merely descriptions of the goods to be auctioned, but under no circumstances do they represent warranted characteristics within the meaning of § 443 ff and § 434 BGB and do not constitute liability for legal or material defects. This also applies in particular to counterfeits or plagiarisms. The information on the stones and replacement values has been compiled to the best of our knowledge and belief, taking into account the care required in commercial transactions. However, no guarantee is given that the objects will be classified in accordance with our valuation when they are presented to jewellery and gemstone laboratories or similar institutions. The auctioneer is liable for errors only in the case of intent and gross negligence. This also applies to the personal liability of employees and vicarious agents. Justified complaints must be submitted in writing within one week after receipt of the goods. 312d, paragraph 4 BGB applies to remote bidders who participate in the auction by telephone. There is no right of revocation and return according to § 312 d BGB.

3. Auction visitors receive a bidder number against indication of the name and their personal data. You will be asked to identify yourself with your identity card.  A bidder may be represented by the auctioneer with a written pre-bid, but the auctioneer may also refuse acceptance. The written pre-bid, the application for the telephone bid and the personal data must be submitted at least 24 hours before the start of the auction. With telephone bidders no guarantee is taken over for the coming off of a connection. With online bidders, no guarantee is given for the technical possibility of establishing an Internet connection or the timely transmission of bids. The Auctioneer may reject bids for objective reasons or lack of proof of creditworthiness and exclude persons from the auction without stating any reasons. The Auctioneer is not liable for any written, telephone, oral or online bids that have not been made and no reason for complaint can be derived from this.

4. The bid will be accepted if there is no higher bid after three calls. If there are several equally high written bids, the first bid received will be awarded, provided that no bidder in the room exceeds the bid. If a bid by an online bidder and a room bidder is made at the same time, the room bidder has priority. The increments are approximately 10% and are determined in detail by the auctioneer. According to §§ 158 BGB (German Civil Code) the purchaser is bound to a conditional knockdown. This binding is valid until 1 week after the auction. If the purchaser does not receive the unconditional knockdown by then, the bid shall lapse.

5. Without giving reasons, the auctioneer may only collect individual lots or not call them at all, reject bids, refuse to knock them down or only award them with reservation. In the event of disputes and doubts of any kind about the knockdown or if the Highest Bidder does not wish to accept the knockdown or if a timely and clear bid (also in writing, by telephone) has been erroneously overlooked, the Auctioneer shall be entitled to withdraw the knockdown and to offer the Object again.

6. The knockdown obliges the buyer to immediately pay for and accept the auctioned goods. The invoice and goods must be carefully checked immediately upon receipt. Later complaints cannot be considered. Upon acceptance of the bid, possession, risk and storage of the item purchased at auction shall pass directly to the purchaser. The auctioneer is not liable for any damage or loss of the goods. Ownership is only transferred to the buyer after full payment has been made. In the case of remote tenants, the invoice is due immediately and payment and acceptance of the items within 10 days shall be deemed to have been made in due time. If the shipping costs are paid on the invoice, this is automatically regarded as a shipping order. Costs of payment transactions, shipping and possible insurance are at the expense of the buyer. Foreign customers buy according to the foreign exchange, customs and tax regulations of their country. The invoices of the auction are subject to verification and correction. The goods shall only be sent to the Buyer at the express request of the Buyer and at the Buyer’s risk and expense. The auctioneer is not obliged to store or dispatch the objects, there is no insurance. In the case of transport by a forwarder, the transport invoice is paid directly by the buyer to the forwarder.
Shipping costs on explicit request :
Within Germany up to a goods value of Euro 5.000,- afterwards on request:
Euro 10,- plus 1% insurance fee each plus 19% value added tax.
Within the European Union up to a goods value of Euro 25.000,- afterwards on request:
Euro 25,- plus 1% insurance fee plus 19% value added tax.
Outside the European Union only on request

7. The purchase price is to be paid immediately by buyers present. A later payment is only possible in agreement with the auctioneer. A surcharge is levied on the hammer price as follows:

Premium of 23% plus 19% statutory VAT = 27,37 %.

In case of doubt, the auction record shall be decisive for the amount of the hammer price. Payment can be made in cash, by EC card or  by bank transfer.

8. All knockdown prices of the auction include the respective sales tax. However no value added tax is proven, since the goods offered here originate either from private or the value added tax law (UStG) § 25a difference taxation are subject and this is applied to second-hand objects, objects of art, collection pieces and antiques. Exceptions to this are clearly marked. Only on the commission, forwarding expenses, possibly insurances etc. the value added tax is raised.

9. The auctioneer can collect or sue for purchase money and purchase money arrears in her own name. If the auctioned goods are not accepted and paid for or if the buyer refuses acceptance or payment, the auctioned goods shall not be handed over to the buyer. In this case, the auctioneer can either demand fulfilment of the purchase contract or compensation for non-performance. If the auctioneer demands compensation for non-performance, the buyer loses his rights from the knockdown. It may re-auction the items at the buyer’s expense in accordance with the applicable auction terms and conditions and subsequently sell them free in the event of a non-award. In this case, the buyer shall also be liable for any shortfall in proceeds including auction costs. The auctioneer can hold the buyer liable for the loss, but the buyer has no claim to any additional proceeds and can be excluded from further bids. In the event of default, the buyer shall be liable for all damages arising therefrom. The Auctioneer’s right to choose shall not expire until all claims have been satisfied.

10. In the event of default, the buyer shall pay interest on the outstanding purchase sum at an interest rate of 4% above the applicable discount rate, but at least 8%, subject to the assertion of a claim for damages in excess thereof.

11. If the Auctioneer agrees that a concluded purchase contract is extended to a third party named by the Bidder, the joint liability of the Bidder shall nevertheless remain in force until the complete fulfilment of this contract. He may not internally claim to have acted on behalf of other persons.

12. In the auction rooms, visitors (parents for their children) are liable for all damages caused, in particular during viewing, regardless of fault.

13. The submission of a bid in any form means the express acceptance of these auction conditions. The auction conditions also apply to post-auction sales.

14. German law applies exclusively. And only the German text of the auction conditions is legally valid. The provisions of international sales law and the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Place of jurisdiction and place of performance is the registered office of the auctioneer in the district of Neumünster. This also applies to fully commercial transactions and the dunning procedure. The same applies to purchasers who live abroad, who move their place of residence there or whose place of residence is unknown.

15. Should one of the conditions be wholly or partially invalid, the validity of the remaining conditions shall remain unaffected. The invalid provision shall be replaced by a provision that is legally permissible and comes closest to the intended economic purpose.

Auction conditions online only

1. The objects are auctioned publicly and voluntarily in the name and on behalf of and for the account of the clients, who remain unnamed in the auction. Used items are auctioned off, and no guarantee is given for their functionality, particularly in the case of used watches.  Old jewellery and old watches are considered antiques and will not be auctioned as used items. The Auctioneer is authorised to refuse to provide information about the person of the consignor, even after the auction, if and insofar as the consignor simultaneously assumes absolute liability for any liabilities of the seller.

2.  All items can be viewed and inspected at the designated times or by appointment prior to the auction.  Bidders buy ‘as seen’ or ‘as could have been seen’. The pictures on the Internet are not binding, especially with regard to size and colour. All items are auctioned in the condition in which they are at the time of the auction. No liability is accepted for quality, condition, completeness, functionality, obvious and hidden defects, damage, special features or similar. The bidder therefore acquires the items as seen and to the exclusion of any warranty claims against the auctioneer and the seller § 474 paragraph 2, § 312 paragraph 2 no. 10 BGB. Written and verbal information provided by the Auctioneer on the auctioned items, in particular in the respective auction catalogue, are merely descriptions of the auctioned items, but in no case do they constitute warranted characteristics within the meaning of § 443 ff and § 434 BGB and do not establish any liability for defects of title or quality. This also applies in particular to counterfeits or plagiarisms. The information on the stones and the replacement values has been compiled to the best of our knowledge and belief, taking into account the care required in commercial transactions. However, no guarantee is given that the objects will be classified according to our valuation when presented to jewellery and gemstone laboratories or similar institutions. The auctioneer is only liable for errors in the case of intent and gross negligence. This also applies to the personal liability of employees and vicarious agents.  Justified complaints must be submitted in writing within one week of receipt of the goods.

3. The prior registration of a free customer account on the corresponding Internet platform is required for the submission of bids in the context of Internet auctions. When entering the data required for registration, the customer undertakes to provide truthful and complete information. Auktionshaus C. Semprich reserves the right to accept or reject the registration for the Internet auction at its own discretion. Each bidder receives a bidder number from Auktionshaus C. Semprich and recognises these General Terms and Conditions as binding. A bidder can also be represented by the auctioneer with a written pre-bid, but the auctioneer can also refuse acceptance. The written pre-bid and the personal data must be submitted at least 24 hours before the start of the auction. In the case of online bidders, no guarantee is given for the technical possibility of establishing an Internet connection or the timely transmission of bids. The Auctioneer may reject bids or exclude persons from the auction without giving reasons if there are objective reasons for doing so or if there is insufficient proof of creditworthiness. The Auctioneer shall not be liable for any bids not executed in writing, by telephone, verbally or online and no grounds for complaint can be derived from this.

4. The presentation of an item on the Internet portal does not constitute an offer for sale. The auction house C. Semprich sets a starting price and a deadline for each item offered in the Internet auction. Customers can submit bids for the items within this period (bidding period). The customer submits a bid by submitting a hammer price offer via the corresponding function on the Internet portal. The highest bid submitted by a customer is binding.
At the end of the bidding period or in the event of premature termination of the bidding period by Auktionshaus C. Semprich, Auktionshaus C. Semprich accepts the bid of the customer from whom the highest hammer price bid was received within the bidding period. This results in the conclusion of a purchase contract between the highest bidder and Auktionshaus C. Semprich for the purchase of the item in question. With the effective realisation of the purchase contract, all other bids from other customers for the object expire.
If a customer submits a hammer price offer during the period of 2 minutes before the end of the offer period, the offer period is extended by 2 minutes. Customers can again submit hammer price bids during the extended bidding period.
Each bidder can submit a highest bid in an Internet auction. This is the highest hammer price that the bidder is prepared to pay for the item. If several customers place an identical highest bid, only the earliest bid will be considered. This highest bid will not be shown to other bidders. Only the current highest bid is visible. If other interested parties bid on the property, the current bid is automatically increased step by step so that the bidder who has submitted the highest bid remains the highest bidder until this bid is surpassed again. The automatic increase of the hammer price bid takes place in the bidding increments specified by Auktionshaus C. Semprich for each item. If for any reason a contract of sale is not concluded between Auktionshaus C. Semprich and a buyer, Auktionshaus C. Semprich is entitled but not obliged to make an offer to other interested parties who have submitted a lower purchase price offer to purchase the property at a fixed price.

5. A premium will be charged on the hammer price as follows:

     Premium of 23% plus 19% statutory VAT = 27.37%.

     Payment can be made in cash, by EC card or by bank transfer

6.  The highest bid obliges to immediate payment and acceptance of the auctioned goods. The invoice and goods must be carefully checked immediately upon receipt. Later complaints cannot be considered. From the time the bid is accepted, possession, risk and storage of the auctioned item shall pass directly to the purchaser. The auctioneer accepts no liability for any damage to or loss of the goods. Ownership is only transferred to the buyer after full payment has been made. In the case of remote bidders, the invoice issued shall be due immediately and payment and acceptance of the items within 10 days shall be deemed to have been made on time. The costs of payment transactions, despatch and any insurance shall be borne by the buyer.  If the shipping costs are also paid on the invoice, this is automatically deemed to be a shipping order. Foreign customers buy according to the foreign exchange, customs and tax regulations of their country. Auction invoices are subject to verification and correction. Items will only be sent to the buyer at the buyer’s express request and at the buyer’s risk and expense. The Auctioneer is not obliged to store or dispatch the items; there is no insurance. In the case of transport by a forwarding agent, the transport invoice shall be paid by the buyer directly to the forwarding agent.

      Shipping costs on express request :

      Within Germany up to a goods value of Euro 5.000,- thereafter on request:

      Euro 10,- plus 1% insurance fee plus 19% VAT.

      Within the European Union up to a value of goods of Euro 25.000,- thereafter on request :

      Euro 25,- plus 1% insurance fee plus 19% VAT.     

      Outside the European Union only on request       

7.   All hammer prices of the auction include the respective VAT. However, no VAT is shown, as the goods offered here either come from private individuals or are subject to the Value Added Tax Act (UStG) § 25a differential taxation and this is applied to used items, works of art, collectors‘ items and antiques.  Exceptions to this are clearly labelled. VAT is only charged on commission, shipping costs, insurance etc. if applicable.

8.  The Auctioneer may collect or sue for purchase money and arrears of purchase money in its own name. If there is no acceptance and payment of the auctioned item or if the buyer refuses acceptance or payment, the auctioned item will not be handed over to the buyer. In this case, the Auctioneer may demand either fulfilment of the purchase contract or compensation for non-fulfilment. If the auctioneer demands compensation for non-fulfilment, the buyer loses his rights arising from the knockdown. The auctioneer may auction the items again at the buyer’s expense in accordance with the applicable auction terms and conditions and, in the event of non-acceptance, subsequently sell them freely. In this case, the buyer shall also be liable for any shortfall in proceeds including auction costs. The auctioneer can hold the buyer liable for the loss, but the buyer has no claim to any additional proceeds and can be excluded from further bids. In the event of default, the buyer shall be liable for all resulting damages. The auctioneer’s right of choice shall only expire upon fulfilment of all claims.

9. In the event of default, the buyer shall pay interest on the outstanding purchase price at a rate of 4% above the applicable discount rate, but at least 8%, subject to the assertion of any further damages.

10. If the Auctioneer agrees that a concluded purchase contract is extended to a third party named by the Bidder, the Bidder’s joint liability shall remain in force until complete fulfilment of this contract. The Bidder may not claim in the internal relationship that he has acted on behalf of other persons.

11. In the auction rooms, visitors (parents for their children) are liable for all damage caused, in particular during viewing, regardless of fault.

12.The submission of a bid in any form implies express acceptance of these auction conditions. The auction conditions also apply to subsequent sales

13. German law shall apply exclusively. And only the German text of the auction conditions is legally valid. The provisions of international sales law and the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The place of jurisdiction and place of fulfilment is the registered office of the Auctioneer in the district of Neumünster.  This also applies to commercial transactions and dunning procedures. The same applies to buyers who live abroad, have moved their place of residence there or whose place of residence is unknown.

14. Should one of the terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining terms and conditions. The invalid provision shall be replaced by a provision that is legally permissible and comes closest to the intended economic purpose.