Terms Of Auction
Preliminary remark: This is a courtesy translation. The German version is binding.
1. The auction shall be held voluntarily in the name, on behalf and for the account of the consignors, who are identified by the numbers after the lot number. Own goods shall be auctioned for the auctioneer's own account and in the auctioneer's own name and shall be marked as such. 2.
The catalogue descriptions are made to the best of our knowledge and belief, but do not constitute warranted characteristics within the meaning of §§ 459 BGB. All items to be auctioned may be inspected and examined prior to the auction. They will be auctioned in the condition in which they are found, without guarantee and liability for obvious or hidden defects as well as attributions. Subsequent complaints, of whatever nature, must therefore be disregarded.
2. No liability is accepted for catalogue descriptions or written or verbal explanations.
Nevertheless, the respective condition of all used items is taken into account in the limit price.
Books which are put up for bidding have not been checked. 3.
3. The lot is knocked down if there is no overbid after three calls. The auctioneer may refuse to accept the bid, e.g. if the limit price is not reached. If a bid is accepted with reservation, the bidder is bound to his bid for a period of three weeks. If he does not receive the unconditional acceptance of the bid within this period, it expires. If a reservation is not accepted, the catalogue number may be awarded to the limit bidder without further inquiry.
In the event of disputes or doubts about the knockdown, or if the highest bidder does not wish to accept the knockdown, the auctioneer is entitled to re-bid.
Items without a limit are generally knocked down at € 10 - 20, unless there are higher preliminary bids.
Valued items will be called with at least 10% of the estimated price and limited items will be called with their limit.
Up to € 160, items are generally increased by € 10, thereafter by approx. 10 %.
4. The auctioneer may combine or separate individual catalogue numbers, bid them out of sequence or withdraw them. Written pre-bids shall thereby become invalid. Furthermore, the auction house may reject a bidder or individual bids of the bidder. This is the case, for example, if the bidder is not known to the Auction House or if a required security deposit has not been provided. 5.
5. The acceptance of a bid obliges the bidder to pay for and accept the auctioned items. The purchase price shall be paid immediately in Euro in cash or an issued invoice shall be transferred immediately. Any bank charges shall be borne in full by the buyer. A deferment of the purchase price cannot be granted. The purchase price is made up of the hammer price and the auctioneer's premium amounting to 24% of the hammer price plus VAT (currently 19%). (currently 19%), i.e. a total of 28.56%. The entire sum is to be paid to the auctioneer. When bidding live via Bid4it, an additional fee of 3% plus VAT applies. (currently an additional 3.57%). The total amount (28.56% + 3.57%) is to be paid to the auctioneer. In the case of live bidding via lot-tissimo or invaluable, the respective percentage rates of the bidders apply, which are also payable to the auctioneer.
The buyer undertakes to collect the auctioned items within 7 days. The auctioneer assumes no liability for loss or damage. Any dispatch of auctioned items shall be at the expense and risk of the purchaser in accordance with written dispatch instructions. After the expiry of 14 days, the auctioneer is entitled to store the item at his premises at the expense of the buyer, for which a flat rate of up to € 5.00 plus VAT may be charged per item and day. The buyer reserves the right to prove that costs were not incurred or were not incurred in this amount.
For works of art from the sale of which a resale rights levy arises, the Buyer shall assume this levy and reimburse it to the Auction House or the Consignor/Seller. Pursuant to Section 26 UrhG, the amount of the share of the sale proceeds is: 4% for the part of the sale proceeds up to 50,000 Euros, 3% for the part of the sale proceeds from 50,000.01 to 200. 000.00 Euro, 1% for the part of the sale proceeds from 200,000.01 to 350,000.00 Euro, 0.5% for the part of the sale proceeds from 350,000.01 to 500,000.00 Euro, 0.25% for the part of the sale proceeds exceeding 500,000.00 Euro. The total amount of the resale right remuneration from a resale shall not exceed 12,500 Euros. If the hammer price is less than €400.00, no levy is payable.
6. If the successful bidder refuses to take delivery despite a reminder and after setting a deadline of two weeks, and/or does not pay the amounts due, the auctioneer is entitled, at his discretion, to enforce the rights arising from the knockdown or to auction the auctioned property again or to sell it freely. Any claims for damages shall remain unaffected. 7.
7. Ownership of the auctioned items shall not pass to the purchaser until payment has been made in full. Transfer of risk and storage of the auctioned goods shall pass to the purchaser from the moment of the knockdown or shall be at the purchaser's expense. This shall also apply to private sales.
8. The acceptance of the auctioned items must take place immediately. The auctioneer shall not be liable for any damage to or loss of the goods. Any storage and transport shall be at the expense and risk of the purchaser. 9.
9. In the auction and business premises, visitors (parents are liable for their children) are liable for all damage caused, in particular during inspections, regardless of fault.
10. Written bids are binding and cannot be revoked. They are carried out in the interest of the bidder. In the case of written bids as well as bids by telephone, the lot number is binding in order to be able to execute the bid. The price noted on the order form shall be deemed to be the highest bid; the contract may also be awarded at a lower price. Written bids must be received no later than 6 p.m. on the day before the auction. Pre-bids received after this time may, but need not, be taken into consideration. 11.
11. The Auction House does not assume any liability for the connection of telephone bidders. The risk of non-availability or connection failure shall be borne by the bidder.
The requirements for telephone bidders shall apply mutatis mutandis to online bidders as well as to pre-bids received through the internet portal lot-tissimo. In the case of bidders of the internet portal lot-tissimo, the Auction House shall not be liable for the transmission on the part of lot-tissimo. It is pointed out that the Internet portal of the auction house forwards to the pages of the lot-tissimo portal. Bids on the Internet will only be accepted and processed by the lot-tissimo portal. Bids by e-mail will only be accepted in exceptional cases upon verification by the auction house, otherwise they will be rejected. 12.
12. bidders' data will be processed and protected in accordance with the statutory data protection provisions. Users of the lot-tissimo portal must contact the portal in this regard.
13. The conditions of auction apply mutatis mutandis to post-auction sales or sales by private treaty.
14. The prices indicated in the catalogue are limit prices or estimated prices.
15.The general auction conditions are available at the cash desk and on the website. The submission of a bid implies acceptance of these auction conditions. 16.
16. If we auction objects of military history or objects of the Third Reich, this shall be done exclusively for the purposes of civic education, defence against unconstitutional endeavours, art, reporting on contemporary events or history or for similar purposes. Auction participants and bidders also affirm this.
17. Claims for damages against the Auction House due to defects of title and quality as well as for other legal reasons are excluded, unless they are based on intentional or grossly negligent acts of the Auctioneer or on such a violation of essential contractual obligations by the Auctioneer. This shall also apply to the Auctioneer's vicarious agents and assistants. All claims against the Auctioneer shall become statute-barred one year after the handover of the object to be auctioned, unless they are based on an intentional violation of the law. The Auctioneer's liability for damages arising from injury to life, body or health shall remain unaffected. 18.
18. Should any of the above terms and conditions be invalid in whole or in part, the validity of the remaining terms and conditions shall not be affected thereby.
19. Place of performance for both parties is 79194 Gundelfingen, place of jurisdiction is Freiburg i. Br.
Auktionshaus Sieglin GmbH
Gewerbestr. 49
D - 79194 Gundelfingen
Shipping Terms
Preliminary remark: This is a courtesy translation. The German version is binding.
In principle, you are obliged to collect the auctioned items yourself or have them collected. However, we can offer to pack items that can be shipped and send them to you by parcel service. The prices for this service vary depending on the quantity of objects, size, packaging effort and delivery destination. You will be informed of the shipping costs on request or they will be shown separately on the invoice. You can then decide whether to pay the invoice with or without shipping. If you wish to have the item shipped and pay the invoice accordingly, the risk of damage, loss or destruction shall pass to you as stated in the terms and conditions of auction. In the case of items that cannot be shipped by parcel service, we can provide you with the name of a carrier whom you must commission yourself.
