Wormser Auktionshaus
Auction Terms and Conditions (Version 24.10.2024)
Preamble
Auktions- & Pfandleihhaus exclusive GmbH - hereinafter referred to as the Auctioneer - conducts auctions, with the exception of its own goods, in the name and for the account of its clients - hereinafter referred to as the Seller/Deliverer and/or Owner - in the order of the auction offer. The auctioned goods - hereinafter referred to as auction exhibits - are labelled according to a lot numbering system. The Auctioneer commissions auctioneers to conduct the auctions. The auctions are held for bidders/auctioneers in the auction room - hereinafter referred to as Present Bidders or Present Auctioneers -, for written bidders/auctioneers - hereinafter referred to as Remote Bidders and Remote Auctioneers -, for bidders/auctioneers via telephone - hereinafter referred to as Telephone Bidders and Telephone Auctioneers - and for bidders/auctioneers via external Internet live bidding systems - hereinafter referred to as Live Bidders or Live Auctioneers. The following auction conditions apply to the auctioneer, the seller/consignor, the bidder - hereinafter referred to as the bidder - and the buyer - hereinafter referred to as the successful bidder:
A. General provisions
1. consignors and bidders must present the auctioneer with a valid identity card or passport with an official confirmation of registration. If the auctioneer does not have a valid identity card or passport with an official confirmation of registration, the business relationship cannot be entered into.
2 The auctioneer reserves the right to withdraw or separate lot numbers or to auction them out of sequence.
3 The auctioneer exercises domiciliary rights in all premises and reserves the right to exclude persons from the preview or auction without giving reasons and not to recognise bids from persons.
4. the inspection and examination shall take place prior to the auction; the time and place are stated in the auctioneer‘s digital and print media. The auction exhibits will be auctioned as inspected. Complaints against present bidders are excluded. Information regarding the condition descriptions in the auctioneer‘s digital and print media are part of these auction conditions. The starting price represents a subjective assessment. The information in the auctioneer‘s auction offers is not a guarantee in accordance with §§ 443 BGB.
5. as long as the seller/consignor and bidder/auctioneer do not state otherwise, they assure that they will only sell and acquire the auction offers of the auctioneer which relate to the period from 1933 to 1945 and which fall or may fall under §§ 86, 86a StGB for the purposes specified in § 86 para. 3 StGB. These are: Civic education, defence against unconstitutional and anti-constitutional endeavours, scientific and art historical research, education and reporting on current events or military historical and uniform research. The seller/consignor and the auctioneer will only offer the items for auction under these conditions. By bidding, the bidder/consignor undertakes to acquire the auction exhibits only for the above-mentioned reasons and not to use them in any way for propaganda purposes, in particular within the meaning of Section 86a of the German Criminal Code (StGB). The Auctioneer is authorised not to put up auction exhibits that fall or may fall under § 86 and § 86a for auction without giving reasons and to refuse to accept a bidder if the latter does not offer any guarantee that the auction exhibits serve the purposes specified in § 86 Para. 3 StGB.
6 As an obliged party under the German Money Laundering Act (GwG ), the Auctioneer must comply with the due diligence obligations under money laundering law. In the event of the establishment of a business relationship, this includes establishing the identity by collecting information (name, address, date of birth, place of birth and nationality) and verifying the identity of the seller/consignor and successful bidder or the beneficial owner in the case of high-value auction items worth 10,000.00 euros or more, which are paid for in cash. This is a normal procedure to which the auctioneer is legally obliged and in which the seller/consignor and the successful bidder have a duty to co-operate. In the course of this identification, the auctioneer requires a copy of a valid identity card or a copy of a valid passport with an official confirmation of registration from the seller/consignor and the successful bidder. The seller/consignor must also provide the auctioneer with the signed original of the auctioneer‘s consignment contract. If the auctioneer does not have these documents, no business relationship can be established with the seller/consignor and the successful bidder. In the case of legal entities, an extract from the commercial register and a list of shareholders are required in order to identify the beneficial owner. The auctioneer points out that he is obliged to keep the data collected for at least 5 years.
7. the personal data provided in the forms purchase order, preliminary inspection list, catalogue order, advertisement placement and other contracts, in particular name, address, telephone number, bank details, which are necessary and required solely for the purpose of implementing the resulting contractual relationship between auctioneer and seller/deliverer, bidder and successful bidder, are collected on the basis of statutory authorisations. Any further use of personal data and the collection of additional information regularly requires the consent of the seller/consignor, bidder and successful bidder. The Auctioneer, the Seller/Deliverer, the Bidder and the successful Bidder undertake to maintain confidentiality regarding experience, observations and business and trade secrets entrusted or otherwise made known as a result of the contractual relationship, as well as regarding the content of the contracts themselves. Furthermore, the Auctioneer undertakes to comply with the provisions of § 53 of the Federal Data Protection Act (BDSG). The Auctioneer points out that, in particular, protected personal data will not be collected, processed, used or passed on to unauthorised persons without authorisation (data secrecy). Data sent to the auctioneer by e-mail is secured by SSL encryption, thus preventing identity theft of the data sent.
8. the minimum bidding rate shall be approx. 10 per cent of the stated starting price of the auction offer. The auctioneer may authorise or set other bidding rates. The prices stated in the auctioneer‘s auction offer are minimum prices. If no knockdown is made at the starting price, the auction exhibits will be sold by private treaty and can be purchased for the stated starting price plus buyer‘s premium.
9. the knockdown is awarded if no overbid is submitted after a bid has been called three times. The acceptance of a bid obliges the bidder to accept it. Objections must be raised immediately; in this case, a new call will be made. In the event of several bids of the same amount, the item will be knocked down to the first bidder. Bidders present, remote bidders and telephone bidders will always be awarded the lot if their bids are equal to those of the live bidders. At this moment, the bidder becomes the successful bidder. A contract of sale is concluded between the seller/consignor, who is represented by the auctioneer, and the successful bidder. Telephone bidders will be called before the desired item is called if a written bid has been submitted. A minimum bid per item applies to telephone bidders: 100.00 euros for the toy and art|numismatics|jewellery auctions and 500.00 euros for the militaria auctions.
10. ownership shall remain with the seller/supplier until the purchase price has been paid in full. A claim for surrender only exists after payment. Purchasers present at the auction have the opportunity to pay for the auctioned items on the day of the auction and take them away directly. Payment can be made in cash or by German EC card. Bidders who are not present will receive an invoice for the amount due, which they must pay within the period stated on the invoice. The invoice amount is due without deduction; this also applies to PayPal users. PayPal fees are to be paid by the successful bidder. The invoice will be sent by post after the auction. However, if the auctioneer has the e-mail address of the successful bidder, the auctioneer will send the invoice to the successful bidder by e-mail.
11 The costs for parcel shipping, packaging and labour costs are invoiced in the form of a flat rate. A flat rate of 20.00 euros is charged per parcel for domestic deliveries, 35.00 euros for deliveries to other European countries and 90.00 euros for overseas deliveries plus VAT. This refers to one parcel. Parcel shipping for auctioned exhibits with an invoice amount of over 1,000 euros to non-EU countries will be charged a customs fee of 50.00 euros per parcel. If there are several parcels and these are not shown on the invoice, our stated shipping flat rates for parcel shipping, packaging and labour costs will be charged retrospectively for each parcel (domestic - other European countries - overseas). Bulky goods parcels will be charged at our stated flat-rate shipping costs plus the actual costs incurred by the respective shipping service provider. In these cases, a separate invoice will be submitted subsequently. The postage and packaging costs only apply to parcels for the shipping services contracted with the auctioneer. Additional insurance or special shipping methods such as courier, express or similar shall be borne by the successful bidder. Subsequently requested invoice changes regarding shipping costs, address changes etc. will be charged with a processing fee of 10.00 Euro.
12) The Auctioneer maintains internal contractual relationships with external live Internet bidding systems. As soon as a bidder/purchaser bids live via one of these external Internet live bidding systems, e.g. via Lot-tissimo during an auction of the auctioneer, the auctioneer does not guarantee the technical possibility of establishing an Internet connection or the timely transmission of bids. The auctioneer recommends submitting bids early in order to be sure of being considered in the auction. It can take up to 24 hours to check and approve the registration for live Internet bidding systems. If live bidders register later than 24 hours before the start of the auction, it may not be possible to process the registration in time. For the use of external Internet live bidding systems, the live bidder pays an additional premium after the knockdown, e.g. Lot-tissimo is 5% plus VAT. The premium is paid by the auctioneer to the initiators of the respective Internet live bidding system. In principle, the auctioneer‘s terms and conditions apply. In addition, the bidder/purchaser must observe the General Terms and Conditions of the respective external Internet live bidding system provider.
13. Auctioneers who have indicated that they wish to collect their auction items from the auctioneer, or auctioneers who have been awarded lots that are only intended for self-collection, must collect the auction items from the auctioneer within four weeks. Failure to do so will result in storage costs of 30.00 euros per month.
14 The auctioneer will charge the following premium on the hammer price:
Bidders present in the auction room 20% + VAT; remote and telephone bidders 21% + €1 per lot + VAT; live bidders via Lot-tissimo 21% + (5% live fee Lot-tissimo) + €1 per lot + VAT .
The auctioneer will invoice separately for the VAT due on the commission and ancillary costs (1.00 Euro lot fee, shipping costs).
15. upon receipt of the auctioned items, bidders must immediately complain to the auctioneer about obvious faults or defects. As soon as a reason for complaint exists, the auctioneer must be sent the auction exhibits to be complained about within 8 days.
16. if the successful bidder is in default of payment, he shall pay default interest of 1.5 % per month or part thereof and storage costs of 15.00 euros per month. The successful bidder is at liberty to prove that the damage has not occurred or is less than the above lump sum. After setting a deadline with a threat of rejection, the successful bidder loses all rights arising from the knockdown, the auction exhibits are realised at the expense of the successful bidder, he is liable for the loss and has no claim to the additional proceeds. The auctioneer is entitled to claim damages for non-fulfilment in the amount of 25 % of the hammer price.The auctioneer shall be entitled to demand compensation for non-fulfilment in the amount of 25% of the hammer price (due to the auctioneer‘s loss of commission); the auctioneer reserves the right to prove increased expenses; the successful bidder shall be at liberty to prove reduced expenses.
17 The Auctioneer is authorised to collect or sue for the purchase money, purchase money arrears and/or ancillary payments in the name of third parties.
18 The above conditions also apply to subsequent sales. The provisions on distance selling in accordance with §§ 312 b ff BGB do not apply.
19. every visitor to the auction on site is liable for any damage caused by him.
20. the auctioneer and the owner of the auction exhibits at the time of publication are exclusively entitled to the alienable and inheritable rights of utilisation, use and copyright to the illustrations of the auction exhibits. The illustrations are not transferred to the successful bidder upon purchase during the auction. The right to these images expressly includes reproduction and publication as well as the exercise of all ancillary and subsequent rights. The successful bidder of these auction exhibits in the context of the auction waives all rights to these images. The bidder and successful bidder are prohibited from using the images and texts contained in all digital and print media, even after the auction. Any breach of this agreement shall give rise to claims for damages against the bidder and successful bidder without the need for qualified proof.
21. by these auction conditions, the seller/deliverer, bidder and successful bidder agree that the auctioneer may regularly send information/advertising in digital form, e.g. newsletters, flyers (letter, e-mail/SMS, telephone, fax) and in printed form, e.g. catalogues, flyers (by letter or parcel). The seller/consignor, bidder and successful bidder can revoke this consent at any time by sending an e-mail to
[email protected] or in writing to Wormser Auktionshaus, Weinbrennerstraße 20, 67551 Worms-Pfeddersheim.
22 The place of fulfilment for all contracting parties is the registered office of Auktions- & Pfandleihhaus exclusive GmbH.
23. these terms and conditions of auction shall always be subject to the German version and German law in the event of discrepancies. The Vienna UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
24. the place of jurisdiction for all disputes arising from or in connection with these auction conditions is Worms.
(25) Should any provision be or become void, invalid or unenforceable in whole or in part, the validity and enforceability of all other remaining provisions shall not be affected thereby. The void, invalid or unenforceable provision shall, to the extent permitted by law, be deemed to be replaced by a valid and enforceable provision that comes closest to the economic purpose of the void, invalid or unenforceable provision in terms of subject matter, extent, time, place and scope. The same applies to the filling of any gaps in these auction conditions.
26 All prices are quoted in euros.
27 The right of cancellation according to § 312 g BGB does not apply to publicly accessible auctions.
28. by submitting a bid, bidders/purchasers expressly agree to the „Auction Terms and Conditions“, „Information Condition Descriptions“, as well as „Abbreviations in the Descriptions“ and their explanation. In general, a pre-inspection is expressly recommended. Complaints against the auctioneer are therefore excluded.
B. General disclaimer
1. the auctioneer cannot rule out the possibility that in rare cases, due to the large number of written bids, input errors may occur which may result in a remote bidder not winning an auction item he has bid for.
2. for bids received during the auction week, the auctioneer cannot guarantee the consideration or correctness of the entry, not even if the bids were entered by hand.
3. the auctioneer does not guarantee that the telephone connection will be established.
4 The colour illustrations of the auction exhibits may differ from the actual colours.
5 Until payment and transfer of ownership, storage shall be at the expense and risk of the successful bidder.
6. as soon as the successful bidder has collected the auction exhibit from the auctioneer on site and signed the note „Auction exhibit received“, the auction exhibit is deemed to have been received. A later complaint is excluded.
C. Exclusion of liability Claims for damages
Claims for damages against the auctioneer, whether arising from delay, impossibility of performance, positive breach of contract, culpa in contrahendo, tort, as well as liability for damages caused by the auctioned auction items, are excluded, unless the damage was caused intentionally or through gross negligence.
D. Disclaimer Description
1. the auction items are described by the auctioneer to the best of his knowledge and belief.
2. the auctioneer accepts no liability for any damage caused by lot numbers affixed to the auction items.
3 If the lot numbers of the image and text differ by mistake, the lot number of the text always applies.
4. the auctioneer is not one hundred per cent sure of the originality of a property described as „presumably“ or „originality questionable“.
5. The condition descriptions of the auction exhibits can be found at
wormser-auktionshaus.de/auktionen.html#spielzeugauktion-hinweise
or in our auction catalogs on the “Information board” pages.
E. Shipping disclaimer
1. dispatch shall take place after receipt of payment at the expense and risk of the successful bidder.
2. It is the responsibility of the successful bidder to protect himself against the risks of loss, theft, damage or destruction of the auction items in question by taking out appropriate insurance; this also applies to parcels that show no external damage and were not sent by us.
3. as the quantity and scope of the auction items to be auctioned vary for the Auctioneer depending on the auction, it may take more than 14 days for the individual auction items to reach the successful bidder.
4. The shipment of heavy, fragile items, bulky parcels, shipments outside the EU and items in the 70000 category (even if it is only one lot) is carried out exclusively by the external company Mail Boxes Etc. - Center MBE 3283, which is indicated on the invoice. Please contact this company to clarify shipping arrangements.
F. Disclaimer Google Translater
Via the auctioneer‘s website > www.wormser-auktionshaus.de, sellers/consignors, bidders, successful bidders or other users can have the contents of the website translated into other languages using a „Google Translate“ button. As this process is automated, the auctioneer cannot guarantee a complete and error-free translation. The auctioneer therefore excludes any liability for incorrect information due to translation errors.
Please note: Only the German version of the auction conditions is valid! Should the lot numbers of the picture and text differ by mistake, the lot number of the text always applies. The English translation of the Terms and Conditions of Auction has been produced by an automatic translation programme. In the event of any discrepancies in the translations, the German version shall be legally binding.
