Conditions of Sale
1. Warranty the Fa. Auction House David assumes no liability for defects in the goods. Warranty claims are directed exclusively to the consignor. The catalog information is not a guarantee according to §443 BGB. The auction offers are used and can be visited before the auction.
2. Warranty the Fa. Auction House David guarantees independently a refund of the purchase price, if the bidder / buyer within 30 days after the auction substantiates justified defects and deviating condition to the catalog data. In cases of doubt, these deficiencies must be proven by expert reports. Excluded from the guarantee are technical color deviations in the catalog to the original, minor damage, age-related signs of wear and normal wear and tear that do not significantly affect the value. In addition, the Auction House David or its vicarious agents liable only for intent and gross negligence, further for damages resulting from injury to life, limb or health, which are based on a negligent breach of duty by the company Auction House David or his vicarious agents.
3. Bidding orders must be made in writing and shall be deemed irrevocable. There may be a notification from the company. Auction House David, if a bid is below the highest bid of other bidding; In this case, the bidding order will not become ineffective. When auctioning, the increase rate is normally 10% to the next higher 100, 1,000 or 10,000 amount. Estimates do not represent limit prices but reflect the (price range of) expected sales prices. The lower price is the starting price of the auction. The limit price is based on an agreement of the company Auction House David with the respective consignor and does not have to be communicated to the bidders. If the limit price is not reached, the surcharge can be awarded "with reservation" and requires the consent of the consignor. The company Auction House David can offer for the consignor up to the agreed limit price, without indicating this and regardless of whether other bids are submitted. Written bids are served "cheaply" regardless of their amount, i. the company Auction House David only undertakes to surpass the last bid with the maximum amount that is given as an increase rate. In the case of "Without Limit Offers" the company Auction House David starts at the highest written bid that may have been given before the auction.
4. Surcharge The contract will be awarded if, after calling the highest bid three times, no higher bid takes place. With the contract, a contract of sale is concluded between the bidder and the consignor. Bid entries on the day of the auction are subject to change. The same applies to first bidders without credit ratings. Telephone bidders are called before calling the desired position, if there is a written order. A guarantee for the conclusion of the telephone connection takes over the Fa. Auction House David not. The call will be made at the expense of the Auction House David. The surcharge may be reserved or refused on behalf of the consignor. If there are several equal bids, the order of the order will be decisive. If an erroneous bid or telephone order has been missed in due time, the Auction House David is authorized to withdraw the bid and resubmit the item. This also applies to all incidents and complaints immediately after the auction or after the auction. In the case of reservation surcharges, the bidder is bound by his bid for 14 days. This clause does not apply to Internet auctions where the surcharge is due to time-out.
5. The Auction House David does not guarantee the technical possibility of setting up an Internet connection or the timely submission of bids during an auction. In this case, an early bidding is recommended to be considered in the auction safely.
6. Payment and buyer's premium The surcharge, required for immediate payment in cash plus 19% buyer's premium. Plus the legal VAT on the buyer's premium. In the case of objects marked with an asterisk, we additionally charge the surcharge amount of 19% for the import tax imposed on us. The VAT from the buyer's premium as well as the export tax on sales will be reimbursed if within one month a customs export certificate is furnished or the export is to be effected by the auctioneer. Invoices to remote bidders are due no later than 10 days after the invoice date. Payments are only valid after irrevocable credit. A later or non-cash payment is only permitted with the consent of the auctioneer. All costs, taxes, expenses, etc. of a non-cash payment shall be borne by the buyer / buyer.
7. Cancellation Policy (Subject to Number 11.)
Right of Withdrawal You have the right to revoke the concluded contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, the Auction House David, of your decision to withdraw from this Agreement by means of a clear statement (such as a letter sent by post, fax or e-mail). You can use the enclosed model withdrawal form, which is not required. You can electronically fill out and submit the model withdrawal form or any other unequivocal declaration on our website www.auktionshaus-david.de. If you make use of this option, we will promptly (for example by e-mail) send you a confirmation of receipt of such revocation. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal: If you withdraw from this contract, we will have you all the payments we have received from you, including delivery charges (except for the additional costs that may result from giving you a different type of delivery than that offered by us , have chosen favorable standard delivery), immediately and at the latest within 14 days from the day on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment as you used in the original transaction, unless something was expressly agreed with you; In no case will you be charged for the repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any case within 14 days at the latest from the day you inform us of the cancellation, to return it to us or hand it over to us. The deadline is met if you send the goods before the deadline of 14 days. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
8. Exclusion Right of Withdrawal The right of revocation exists only in distance selling transactions in the sense of the BGB. The right of revocation is excluded for distance contracts, which are concluded in the form of auctions (§ 156BGB), in particular in the context of the Internet - Live - Bidding system according to Section 7, as well as distance contracts for the delivery of goods made for the buyer according to its specification or were cut (especially for substances).
9. Transfer of possession and risk The possession and risk of accidental loss and accidental damage shall pass to the buyer immediately upon acceptance / purchase - ownership only after full payment. The delivery of purchased / purchased goods is carried out by the service company Fa. Brandel on behalf of and at the expense of the buyer, if this was noted on the order.
10. Collection Otherwise, the buyer is obliged to pick up the purchased good immediately and / or pay the purchase price. If the buyer does not pick up the goods within 10 days of the auction or purchase date, he will be in default. The Auction House David has the option to store the goods at the expense of the buyer or to ship them to the buyer. In the case of storage, the Auction House David calculates 3% of the gross sales price (plus value added tax) for handling, storage and insurance, but at least 5, - Euro per item (plus value added tax) per commenced month. In the case of dispatch, the packaging and delivery is made via the affiliated service company Fa.Brandel (see shipping and delivery service).
11. Default of payment If the buyer has to pay the legal interest in this respect. Another payment request is not. If we can not record a credit note on our account by that date, we reserve all rights on behalf of the seller as well as in our own name. In particular, we reserve the right to sue the seller for the invoice amount plus the additional costs or to assert claims for damages according to the agreed conditions of auction and delivery (premium, discount, default interest and other delay damages) or to re-order the goods in one of the next Auction, whereby the buyer has no claim to any additional proceeds and has to compensate for any shortfall.
12. Place of fulfillment and place of jurisdiction is the buyer Kaufmann is the place of performance and place of jurisdiction is the registered office of the company Auction House David Auktionshaus. German law applies. Should one of the conditions be wholly or partially ineffective, the validity of the remaining provisions remains unaffected.
