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 § 459 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.
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 20% plus 19% statutory VAT = 23,80
Bids placed via the Invaluable Internet platform will be subject to an additional fee of of 5% . Live bids via the internet platform lot-tissimo and the saleroom are subject to an additional fee of 3% plus 19% VAT. 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 in agreement with the auctioneer 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.