Conditions of Sale
Valid ist the german version. All translations are for information only.
[Parts in square brackets are added as explanations.]
1. Participating in the auction is voluntary. Sale takes place in the name of our clients - with exception of goods owned by the auction house. These are not marked with client-numbers in brackets. The owner or client is indicated and identified with numbers in brackets.
2. Prices, including bidding and invoices are given in Euro.
3. The auctioneer has the right to auction numbers out of order of the catalog and to unite, separate or withdraw numbers.
4. The contract will be awarded, if there is no higher bid after three calls for a bid. The auctioneer may, in the name of the client, reserve or refuse the award if a special reason exists. If several persons submit the same bid at the same time and no higher bid is made after three calls, the lot decides on the award. The auctioneer is authorized to withdraw the award and resubmit the matter, if a higher bid has been missed in due time and this has been immediately objected to by the bidder or if there is any doubt as to the award (German law: § 2, paragraph 4, Verst. V.)
5. A contract of sale is concluded with the award and the buyer is obliged to accept the purchase. The property is only transferred to the buyer upon payment of the purchase price, the risk of any damage already with the award of the sale.
6. The purchase price is due with awarding the lot and consists of the hammer-price and a 15% surcharge to the auctioneer, plus 19% VAT on the buyer's premium. The VAT is charged only on the premium and thus on domestic service; It is not refundable for foreign bidders. Artisans belonging to a professional association can be granted a reduction of 3% to 12% on the surcharge, if payment is received within two weeks.[If the bidder is using a bidding platform, which charges fees for the buyer, these can be collected by Leo Spik KG.]
7. If payment is delayed, an interest rate is charged. The amount is based on the money market and is identical to the interest rates charged by the banks in the case of disposition loans.
In the event of payment in foreign currency, any exchange loss or fees have to be covered by thw buyer.. The same applies to checks which can only be accepted as fulfillment after unconditional cashing by our bank. [Therefore fees for bidding via online platforms are to be covered by the buyer.]
Even without a reminder, the buyer is liable for reimbursement of any resulting cost in case of late payment or the refusal to accept a purchased.
The auctioneer can choose to demand the fulfillment of the purchase or compensation for non-performance and can, independently of his choice, resell the goods at the expense of the buyer. In this case the rights of the buyer from the previous contract are forfeited, but he is liable for any loss; he has no claim to a surplus and is not admitted to another bid.
8. Payment of goods and all additional fees and cost may be collected by the auctioneer for the clients, and he may also file complaints or law suits against the buyer in the name of the clients.
9. The descriptions in the catalog are made to the best of our knowledge, but do not represent any assured characteristics within the meaning of §§ 459 (and following) of the German Civil Code (BGB). All items entering the auction may be inspected and inspected before the auction and during the bidding. They are auctioned in the condition in which they are at this time. The things are used.
The auctioneer accepts no liability for open and hidden defects as well as attributions, however, he is obliged to forward complaints to his clients, if these complaints are uttered whithout delay and are reasonable. This won?t apply if it is not possible for him to actually reach the consignor. Later or subsequent complaints, whatever their nature, must be disregarded.
10.The purchasers are obliged to receive or fetch their auctioned items immediately after the auction. The auctioneer shall not be liable for any damage or loss of the items. Any storage or transport shall be at the risk and expense of the Purchaser.
11. By placing a bid or issuing a written order, the buyer acknowledges the above conditions. They also apply analogous to the later purchase of goods after the auction (aka "free handed sale"). Should one of the provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
12.Buyers and sellers may, after completion of the auction, learn from the auctioneer the address of the other contracting party.
13. The place of fulfillment for both parties is Berlin. Jurisdiction is Berlin, if the buyer is a professional, a natural or legal person of public law or a public fund or if the buyer has no residence within the scope of the German laws or if his whereabouts are unknown at the time the complaint is filed. The legal relations are governed by German law, with the exclusion of the uniform law on the conclusion of international purchase contracts for movable goods.
