CONDITIONS OF SALE
The following is an abridged translation of the German version, which alone has legal force. All bidders agree to the conditions of sale as stated below:
1. pastbuy.net Auktionshaus für Historica GmbH & Co KG (in the following referred to as pastbuy.net) is an auction house, which acts as commissioner for unnamed consignors. All business is conducted in Euro.
2. All lots are sold "as is", with all faults, imperfections and errors of description. Catalogue descriptions are made as conscientiously as possible, nevertheless, no statement shall be deemed as a warranty. All auctioned items can be previewed by appointment and can be examined by descriptions, photographs and, if necessary, by inquiries. The lots cannot be sent to prospective bidders for purposes of their inspection.
3. pastbuy.net reserves the right to rearrange, separate, exclude or withdraw any lot without giving a reason.
4. The selling of a lot ends with the fall of the hammer or the expiration of time (in the case of a timed auction) and the lot goes to the highest bidder. However, the auctioneer may refuse any bid submitted either in person or by mail, if said bidder is unknown to him, does not have a satisfactory reference or has not made a sufficient deposit prior to the auction. Identical bids will be decided by drawing lots. Bidding may be renewed on any items in dispute.
5. Until full payment, the lot remains the property of pastbuy.net. Commission charges (buyer's premium) are 19 % plus 19 % V.A.T on the commission. An Invaluable service charge of 5 percent (on the hammer price) plus V.A.T will be added to all successful internet bids. If the original of a work of the fine arts (produced after 1900) is sold, possibly the so called right of resale fee on works of art created after the year 1900 (§26UrhG) may be added. Calculation basis for this fee is the hammer price.
6. The V.A.T of 19 % has to be paid on the buyer's premium as well as on other costs (e.g. shipping costs, payment costs). Foreign deliveries are exempt under certain conditions from the VAT. Once these are met, and the proof of export is provided within that period, the VAT paid shall be refunded.
7. It is understood that invoices issued during or immediately after the auction are subject to confirmation and may subsequently require correction.
8. All fees and costs of paying an invoice must be paid by the bidder.
9. No lot may be claimed until the respective invoice has been paid in full. The bidder's credit cards may be charged 4 days after an invoice has been sent if pastbuy.net has not received the full payment of the bidder's invoice. Pastbuy.net may resell or store a lot at the buyer's expense, if for any reason the buyer fails to pay within two weeks. Moreover, if the buyer has not paid his purchase/s in full and/or collected it/them within the granted time limit, pastbuy.net reserves the right to withdraw from the contract.
10. pastbuy.net is not obligated to repurchase or insure lots left on its premises after sale. All consignments are made at the buyer's risk and expense. In case of shipping damage or loss, it is the buyer's obligation to file claim with the post office or shipping agents. If the buyer fails to do so, the insurance company can't be held responsible for the loss.
11. Any item in possession of the auctioneer may be kept as security until the customer's account is settled in full.
12. Pastbuy.net reserves the right of excluding any person from the auction without explanation.
13. Pastbuy.net is not responsible for any malfunction, error or misunderstanding resulting from a voice or data communication.
14. All foregoing conditions also apply to unsold lots.
15. Orders and medals of the Federal Republic of Germany and of all federal states in Germany, as well as their miniature decorations, ribbons and rosettes can only be sold to authorized persons according to art. 14 para. 3 of the German titles, medals and decorations law (OrdenG). Authorized persons are the recipients of the award or persons who own a collecting license. By ordering orders and medals of the Federal Republic of Germany and their federal states the client assures that he accordingly owns a collecting license. Purchase orders will only be accepted under these conditions.
16. All questions, contestations and controversies arising out of the auction contract as well as out of all other commercial relations between pastbuy.net and the buyer or between pastbuy.net and the seller shall be settled exclusively in accordance with the rights, privileges and duties of both parties as defined and enforced by German law. Place of jurisdiction for all parties is Witzhave, Germany.
17. Orders and medals of the Federal Republic of Germany and of all federal states in Germany, as well as their miniature decorations, ribbons and rosettes can only be sold to authorized persons according to art. 14 para. 3 of the German titles, medals and decorations law (OrdenG). Authorized persons are the recipients of the award or persons who own a collecting license. By ordering orders and medals of the Federal Republic of Germany and their federal states the client assures that he accordingly owns a collecting license. Purchase orders will only be accepted under these conditions.
18. According to the current German distance selling regulation, a successful bidder of a "Timed Auction" has the right to return a lot within 14 days after he has received it. The bidder has to pay the costs of the return shipping. After a timely return of the lot, which must be in the same condition as it has been sold, pastbuy.net will refund the purchase price minus the costs for packing and shipping.
19. If any part of these conditions of business is held to be unenforceable or invalid, the remaining parts shall remain in full force and effect.
