Auction conditions (as of March 2021)
1.1 The Auktionshaus am See GmbH (hereinafter referred to as Auktionshaus am See) voluntarily sells at public auction in the name of and for the account of the vendors to buyers (hereinafter referred to as customers). The identification of the vendor is guaranteed.
1.2 The items to be auctioned may be inspected and examined prior to the auction at the times indicated.
2.Conduct of the Auction, Bids
2.1 The prices stated in the online catalogue are not maximum or estimated prices, but serve only as an indication of the market value of the items without guarantee of accuracy.
2.2 The Auktionshaus am See has the right to separate or combine catalogue numbers, to offer them out of sequence, or to withdraw them.
2.3 Each customer will receive a bidder number from the Auktionshaus am See upon presentation of a valid identification document with a current registration address. Only bids submitted under this number will be considered at the auction.
2.4 The bidding shall start at the catalogue price, unless higher bids have already been received in text form. Bids will be increased at the discretion of the Auktionshaus am See, as a rule by at least 10%.
2.5 The Auktionshaus am See may reject a bid for good reasons; in particular, if a bidder is not known to the Auktionshaus am See.
2.6 Customers who cannot be present at the auction or who do not wish to place the bid themselves may instruct the Auktionshaus am See in text form to bid on certain auction goods on their behalf. Alternatively, these customers may, after having placed their order in text form, place a bid themselves by telephone during the ongoing auction.
2.7 Telephone bids can only be accepted if the starting price is €250.00 or more. Telephone bids may be recorded by the Auktionshaus am See. By placing an order for telephone bidding, the customer agrees to the recording by the Auktionshaus am See. The Auktionshaus am See is not liable for the establishment and maintenance of telecommunication connections or for transmission errors.
2.8 Telephone bidders can submit their highest bid in text form in advance. If the telephone line cannot be established, the Auktionshaus am See will then automatically bid for the customer up to this amount.
2.9 The processing of bids in absentia is without guarantee. Bids submitted in absentia are equal to bids submitted among those present at the auction.
2.10 In case of two identical bids, the winning bid will be decided by drawing lots. Disagreement over the last bid or the winning bid shall be resolved by bidding again. This also applies if a higher bid submitted in time has been overlooked.
2.11 Customers who have registered with an online portal such as ‘Lot-tissimo’ (Auction Technology Group Germany GmbH) can use their external service for online bidding. The Auktionshaus am See assumes no liability for the activities and services of Lot-tissimo or other online platforms. It neither assumes liability for the technical establishment of the online connection. Via the online platforms, so-called ‘pre-bids’ can be submitted before the auction begins, as well as so-called ‘live bids’ during the auction broadcast on the internet, as well as so-called ‘post-bids’ after the auction has ended. Live bids are regarded in the same way as bids from the auction room. As with telephone bids, the Auktionshaus am See is not liable for the establishment of the technical connection or for transmission errors in the case of internet bids.
2.12 Bids in absentia must be received no later than 24 hours before the start of the auction. Bids are binding and do not include buyer’s premium and sales tax.
2.13 The post-auction sale is part of the auction. In the case of post-bids, a contract is only concluded if the Auktionshaus am See accepts the bid.
3. Acceptance of Bid, Obligation to Accept, Drawing Lots
3.1 The acceptance of the bid will be made after three calls to the highest bidder. With the acceptance of the bid, a purchase contract is concluded between the Auktionshaus am See and the customer whose bid is accepted. The Auktionshaus am See may refuse to accept the bid or may accept it with reservations.
3.2 The customer undertakes to immediately accept and pay the purchase price including the buyer’s premium.
3.3 If a bid is rejected, the previous bid remains effective. If several persons submit the same bid and no higher bid is made after three calls, the decision shall be made by drawing lots (see above).
3.4 In case of a conditional acceptance of a bid, the respective customer remains bound to his bid for one month. A conditional acceptance of a bid shall only become effective if the Auktionshaus am See confirms the bid in text form within one month after the day of the auction.
4. Payment, Buyer’s Premium, Maturity, Euro, Default
4.1 In addition to the hammer price, the buyer’s premium of 21 % (plus the currently applicable statutory VAT) shall be paid by the customer.
4.2 The purchase price and the buyer’s premium are due for payment immediately after the acceptance of the bid and the issuing of the invoice.
4.3 For the exchange of services between the Auktionshaus am See GmbH and domestic customers, third country customers and European customers (intra-community service), the German VAT law applies.
4.4 Invoices issued during the auction shall only be valid subject to verification of their correctness.
4.5 Insofar as the auctioning of items is subject to resale rights pursuant to (currently) section 26 (1) of the German Copyright Act (UrhG), the buyer shall be obliged to pay the resale rights levy from a hammer price of €400.00 onwards. The amount of the resale rights fee to be paid shall be governed by the statutory provisions.
4.6 Payment of the total amount, which is due with the acceptance of the bid, shall be made via the Girocard system or by bank transfer. All taxes, costs and fees incurred by the bank transfer (including bank charges deducted from the Auktionshaus am See) shall be borne by the customer. Cash payments are only accepted up to an amount of €10,000.
4.7 If the customer has purchased the item by live online bidding via an external platform (e.g. Invaluable, Lot-tissimo or The Saleroom), the Auktionshaus am See shall charge a fee of 3–5% (plus the currently applicable VAT), depending on the platform used, to compensate for the third-party costs thereby incurred.
4.8 Due to legal regulations, payments can be accepted only from the registered bidder. After issuance and verification of the invoice, transfer to a third party is no longer possible.
4.9 Payments are to be made to the Auktionshaus am See in euros.
4.10 In the event of default in payment, interest on arrears shall be charged at a rate of 4% per month or part thereof. In case of delayed payment, the Auktionshaus am See may either demand the fulfilment of the purchase contract or withdraw from the contract after setting a reasonable deadline. In case of withdrawal, all rights of the customer to the auctioned item expire and the Auktionshaus am See is entitled to claim damages in the amount of the lost profit for the respective item (consignor’s commission and buyer’s premium)
5. Condition, Possibility of Inspection, Catalogue Details and Exclusion of Warranty and Liability
5.1 The items to be auctioned, which can be examined and inspected during the preliminary inspection, are – without exception – used items, and shall be auctioned in the condition in which they are at the moment of the acceptance of the bid.
5.2 Their state of preservation corresponds to their age and provenance.
5.3 Descriptions in the catalogue, in particular the specifications regarding dimensions, weight, origin, age, completeness, state of preservation, etc. have been included in the catalogue to the best of our knowledge and belief. However, they only serve to distinguish the auctioned items from one another and do not constitute quality specifications under purchase law. In particular, they do not constitute an application for the conclusion of a quality agreement.
5.4 Missing information on the state of preservation of the auctioned goods shall also not constitute a quality agreement.
5.5 The same applies to all images in the online catalogue. While these images serve the purpose of giving the interested party an impression of the item, they are neither part of the quality agreement nor a guarantee for its quality.
5.6 The Auktionshaus am See assumes no guarantees regarding the condition or durability of the auctioned items.
5.7 The Auktionshaus am See auctions the items to the exclusion of any warranty.
5.8 Any liability of the Auktionshaus am See is excluded, unless it concerns damages resulting from injury to life, body or health which are based at least on a negligent breach of duty by the Auktionshaus am See or a legal representative or vicarious agent or it concerns damages which are based on an intentional or grossly negligent breach of duty by the Auktionshaus am See or a legal representative or vicarious agent.
6. Collection, Assumption of Risk, Retention of Title, Set-off
6.1 The acceptance of a bid obligates the customer to accept the item(s). Absent customers are obliged to collect the purchased items from the Auktionshaus am See immediately after notification of the acceptance of the bid.
6.2 The Auktionshaus am See organises the insurance and the transport of the auctioned items to the customer only upon his instruction in text form and at his expense and risk. Because the purchase price is due immediately and since the purchaser is obliged to collect the items without delay, the purchaser will become in default of acceptance at the latest by 2 weeks after the acceptance of the bid or acceptance of the subsequent bid.
6.3 If the customer has not collected the purchased items from the Auktionshaus am See at the latest 2 weeks after the acceptance of the bid or after notification thereof, the Auktionshaus am See reserves the right to store the items with a storage company or by itself. A storage fee for unclaimed items will be due after the end of the payment period. The fee is currently: small art / books €5.00/day, pictures / small furniture €10.00/day, bulky items €20.00/day (plus the currently applicable statutory VAT). The fees may be adjusted appropriately at any time.
6.4 The Auktionshaus am See does not assume any liability for loss or damage of items not collected or not handed over due to lack of payment.
6.5 The Auktionshaus am See points out that certain items / item materials (in particular tortoise shell, ivory or rhinoceros horn) are subject to import or export restrictions (in particular outside the European Union), which may prevent the items from being shipped to third countries. The customer is responsible for finding out whether an item which he/she purchases is subject to such restrictions and whether a corresponding permit can be obtained in this regard. Any costs, customs duties or levies, etc. incurred in relation to the export and import of the item shall be borne by the customer.
6.6 The vendor’s title to the item to be auctioned shall remain retained until the purchase price for these goods has been paid in full. During the existence of the reservation of ownership, the customer may not sell the goods or otherwise dispose of ownership of them.
6.7 The items will be handed over only after full payment of all amounts owed by the customer.
6.8 The customer shall only be entitled to rights of set-off or retention in relation to the claim for payment of the purchase price and payment of the buyer’s premium insofar as his claim has been legally established or is undisputed.
7. Money Laundering Act
7.1 Insofar as the Auktionshaus am See is obliged under the Money Laundering Act (hereinafter MLA) to identify the customer and/or a beneficial owner standing behind the customer (currently section 3 MLA), customers are obliged to cooperate in this identification. In particular, customers must provide the Auktionshaus am See with the information and documents necessary for the identification of the customer and/or a beneficial owner standing behind the customer and immediately notify the Auktionshaus am See in text form of any changes arising in the course of the business relationship.
7.2 If the customer does not comply with his duties of identification for himself and/or for a beneficial owner standing behind the customer vis-à-vis the Auktionshaus am See, or if a suspicion of money laundering arises for the Auktionshaus am See for other reasons, the Auktionshaus am See is entitled to withdraw from the contract if the customer does not dispel the suspicion of money laundering without delay, but no later than within a period of seven calendar days after a corresponding request by the Auktionshaus am See.
7.3 Claims for damages of the Auktionshaus am See against the customer, in particular (but without being limited to this) due to reduced proceeds in the post-sale, shall remain unaffected by such withdrawal.
8. Other Provisions
8.1 These Auction Terms and Conditions govern all relations between the customer and the Auktionshaus am See. General terms and conditions of the customer are not valid. Verbal collateral agreements do not exist. Changes must be made in text form in order to be valid.
8.2 The place of performance and jurisdiction is Constance, Germany.
8.3 German law shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
8.4 The above provisions shall apply, mutatis mutandis, to the private sale of the items consigned to auction and in particular to the post-auction sale.
8.5 Should any of the above conditions be invalid in whole or in part, the validity of the remaining conditions shall not be affected. The invalid provision shall be replaced by a valid provision which comes closest to the invalid provision in its economic content. The same shall apply if the contract contains a gap that needs to be filled.
Pursuant to section 126b of the German Civil Code (BGB), there are three requirements for text form:
- legible declaration;
- in which the person making the declaration is named;
- in a document or in another manner suitable for permanent reproduction in written characters (durable medium).
Auktionshaus am See GmbH
District court Freiburg im Breisgau – HRB723097
Managing Director: Constanze Maria Preiß and Dagmar Ender