Conditions of Sale
The auction will be conducted by Auktionshaus K?nigstein GmbH ("Auction House") in the name and for the account of a third party. The purchase contracts are mediated between the Vendor and the Buyer. This does not apply to separately marked own goods. Code numbers in the object descriptions identify the external vendor.
Catalogue descriptions are made to the best of our knowledge and belief. They are partly based on information provided by the vendor. Catalogue descriptions do not constitute guarantees or agreements on quality. This also applies to supplementary information and descriptions of condition. The Auction House reserves the right to correct catalogue details immediately before the auction. All items to be auctioned can be viewed and examined before the auction. Damages will only be mentioned in the auction catalogue if they significantly impair the overall impression of the object. Catalogue illustrations or Internet illustrations are not binding for technical reasons with regard to colours.
The auction house does not assume any warranty obligation under purchase law. Notices of defects submitted in due time will be forwarded to the consignor. Notice of defects must be given within one year of delivery. Default of acceptance by the buyer is equivalent to handover. A reversal of the transaction does not affect the Auction House's claim to the buyer's premium.
For bids of any kind, the catalogue number stated in the bid is binding.
The call is made at the price printed in the catalogue (limit). If no limit is indicated (o.L.), the call begins with a price determined by the auctioneer. Bids can be made in person in the auction room, in writing before the auction (pre-bid = bidding order), by telephone or via the Internet. The Auction House does not assume any guarantee for the establishment or maintenance of telecommunication connections. Auctions are usually held in steps of approx. 10%. The knockdown is awarded if an outbid is not made after the highest bid has been repeated three times. Purchase contracts concluded in the auction cannot be revoked under distance selling law, even if they were concluded exclusively via telecommunications.
The auctioneer may combine or separate catalogue items, offer them out of sequence or withdraw them.
The auctioneer may reject a bid without giving reasons. There is no claim to the award of the contract. The acceptance of a bid obliges the auctioneer to pay and to accept the auctioned item. Every bidder buys in his own name and on his own account.
A knockdown can also take place under reserve. In this case the bidder is bound to his bid for three weeks. A conditional acceptance of a bid becomes invalid if a higher bid is made during or after the auction and the bid is accepted.
premium: The hammer price is the net price. A premium of 20 % plus the statutory value added tax of currently 19 % (only on the premium) is charged on this price. This results in a total premium of 23.8 %.
The purchase price is due upon receipt of the invoice. There is default if the buyer does not pay 14 days after the due date and is responsible for this. In the event of default of payment, interest shall be charged on the purchase price at 5 % above the applicable base rate. In case of default of payment, the Auction House may, after setting a grace period on behalf of the Vendor, withdraw from the contract and claim damages.
A set-off with counterclaims is excluded, unless these are undisputed or legally binding.
Claims for damages against the Auction House for breach of duty are limited to intent and gross negligence. This shall not apply in the case of injury to life, body and health, nor in the case of breach of cardinal obligations (obligations which arise from the nature of the contract and whose breach endangers the achievement of the purpose of the contract) and damages caused by delay. Liability in the case of breach of cardinal contractual obligations shall be limited to regularly foreseeable damage.
The auctioned item will only be handed over and transferred after full payment. Storage, packaging, transport and dispatch are without exception at the expense and risk of the auctioneer and on the separate order of the auctioneer. Shipping costs will be charged separately. The auctioneer is not obliged to ship the goods.
Private sale: The above terms and conditions shall apply accordingly to private sale, in which case, however, a right of revocation shall exist in the case of distance selling.
Auction of objects of the Third Reich. Objects of the Third Reich will be auctioned off solely for the purposes of civic education, defence against unconstitutional endeavours, art or science, research or teaching, reporting on current events or history or for similar purposes.
Unless otherwise agreed, the place of performance and payment is the seat of the auction house.
If the buyer is a merchant or has no general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
German law shall apply unless special consumer protection regulations in the customer's EU home country take precedence. The UN Convention on Contracts for the International Sale of Goods is excluded.
We do not recognise any conflicting or deviating conditions of the customer unless we have expressly agreed to their validity in writing. Our terms and conditions of auction shall also apply if we provide or accept services without reservation in the knowledge of conflicting or deviating conditions of the customer.
Shipping Terms
Auctioned objects must always be collected personally. If a shipping order is placed for the auctioned objects, additional costs will be incurred, which are based on the cost of packaging and postage. Due to the diversity of the objects, this must be agreed upon for each individual case. We reserve the right to refuse shipment.
The buyer bears the shipping risk.
