Conditions of sale as from February 2022
By submitting a bid orally or by telex or by issuing a written order for this, as well as a live bid via an auction platform, the buyer recognizes the following auction and sale conditions as solely binding towards the auctioneer and seller. They apply accordingly to the free sale, whereby the time of the knockdown then corresponds to the time of the conclusion of the contract.
1. All items are auctioned publicly and voluntarily in the name and for the account of the consignor, who remains anonymous in the auction. The auctioneer is entitled to refuse information about the consignor after the auction if and to the extent that he simultaneously assumes joint and several liability for any liabilities of the seller.
2. Used items will be auctioned in accordance with §34 b) Paragraph 6 No. 5 b) Trade Regulations. The auction house assumes no liability for obvious or hidden defects of any kind. The buyer is given the opportunity to examine all items thoroughly and comprehensively during the preview. Expert opinions can be viewed at any time without liability for their correctness. In addition, prospective buyers have the right to have expert opinions on the auction item obtained at their own expense, provided this does not jeopardize the auction date. The bidder therefore acquires the items as seen and to the exclusion of any warranty claims against the auctioneer and seller. Complaints after the award, no matter what kind, but in particular for quality and attribution, can therefore no longer be considered. Written and verbal information provided by the auctioneer about the auction item, particularly in the respective auction catalogue, are merely descriptions of the auction item that have been created to the best of our knowledge and belief, but do not represent any guaranteed properties within the meaning of § 459 ff BGB Additional information - errors excepted. No liability is assumed for the functionality and safety of electrical devices. The fault liability of the auctioneer is limited to cases of gross negligence and intent.
a) As long as the catalog owner, auction participant and bidder do not express themselves to the contrary, they assure that they are only using the catalog and the objects from the Third Reich shown therein for the purposes of civic education, the defense against unconstitutional efforts, art or science, the research or teaching, reporting on current affairs or history or similar purposes (§§ 86a, 86 Penal Code). The auctioneer and the consignor only offer and deliver these items under these conditions.
3. Auction visitors will receive a bidder number if they provide their name and personal data. New customers are asked to identify themselves with their identity card when the bidder card is issued. In the case of new customers, the auction house reserves the right to ask for a credit card number or a cash security deposit in addition to presenting their identity card. Online bidders must provide security (credit card) upon request.
4. As a rule, bids are increased by 5% - 10% of the previous bid in euros, and the amount is determined in detail by the auctioneer. In the case of Internet auctions, the auctioneer orients himself to the specified bidding steps for online auctions.
The bids are submitted in euros. The bid is accepted after the highest bid has been repeated three times. Without giving reasons, the auctioneer can only call up individual lots collectively or not at all, reject bids, refuse the bid or only award it with reservations. In the case of double bids, the auctioneer decides. A bid that has already been accepted can be withdrawn in the course of the auction if there are doubts as to whether a bid submitted in good time was overlooked. A conditional surcharge binds the bidder to his bid for a period of three weeks, without excluding other sales of the lot. If the bid is not accepted without reservation within this period, the bid expires.
5. Bidding by telephone is possible from a limit price of EUR 100.00. For smaller amounts, customers have the option of submitting a written bid in advance. The auction house assumes no liability for the establishment of a telephone connection. Registering to bid by telephone automatically means placing a limit bid - even if the bidder cannot be reached at the time the bid is called. Written bids or registrations for telephone bidding must be received by 6 p.m. the day before the auction at the latest.
6. The surcharge obliges the buyer to immediately accept the auctioned object and pay the purchase price. Intermediate payment may be requested for ongoing auctions. In the case of remote bidders, payment and acceptance of the auction item within 10 days of the auction is still considered timely. The risk of total loss or damage to the item is transferred to the buyer upon acceptance/conclusion of the purchase contract. The auction house only remains liable in cases of gross negligence or intent.
7. The buyer has to pay the auction house the hammer price and a 22% premium plus statutory VAT (19%) on top of this, making a total of 26.18%. In the case of online bids, a live fee, which is displayed on the respective auction platform before the bid is submitted, must also be paid (usually 3-5% of the hammer price plus VAT). In case of doubt, the auction record is decisive for the amount of the hammer price. Payment can be made in cash, by bank transfer or credit card (Visa and Mastercard).
8. Ownership of the purchased items is only transferred to the buyer after full payment of the amount specified in Section 7. Only then can the buyer demand that the purchased items be handed over. If, as an exception, the purchased item is handed over before the purchase price has been paid in full, this is done with the express reservation of the consignor's ownership, including an extended reservation of ownership, i.e. the prior assignment of all claims of the buyer to the seller acquired from the resale, destruction or damage of the purchased item, which are due to complete Payment of the purchase price is subject to a condition subsequent.
9. Bidders present buy in their own name and on their own account. If the auctioneer agrees that a concluded purchase contract is extended to a third party named by the bidder, the bidder remains jointly liable until the contract has been completely fulfilled.
10. The bidder has no right of withdrawal, even if the contract was concluded outside the auctioneer's business premises or as a distance contract, because the auction is open to the public in accordance with Section 312g Paragraph 2 Sentence 1 No. 10 BGB.
11. If the auctioned items are not picked up within 10 days of the bid being accepted or if the payment due is not made in full and on time despite a reminder, the auctioneer can choose to demand fulfillment of the purchase contract or compensation for non-performance in his own name. In the first case, he can store the purchased items with a carrier or have them shipped at the expense of the buyer. If he demands damages due to non-performance, he may auction the items again at the buyer's expense in accordance with the applicable auction conditions and then sell them freely if the bid is not accepted. In this case, the buyer is also liable for any upcoming minimum proceeds including auction costs. However, there is no entitlement to the payment of any additional proceeds. In any case, the auctioneer has a right of lien on the purchased items until the costs resulting from these measures have been paid. The auctioneer's right to choose only expires when all claims have been fulfilled. A storage fee of EUR 5.00 per calendar day will be charged for furniture and larger objects that are not picked up on time. A delivery to the buyer (by post or forwarding agent) only takes place at the buyer's express request at his risk and expense. The auction house is not obliged to store or ship the items, and there is no insurance. In the case of transport by a carrier, the buyer pays the transport invoice directly to the carrier. 12. In the event of default, the buyer must pay interest on the outstanding purchase price at a rate of 4% above the currently valid discount rate, but at least 8%, subject to the assertion of a claim for damages in excess of this.
13. The data provided by the bidder will be stored in the customer file of the company Auktionshaus "Rotherbaum" OHG for the execution/processing of the orders placed, for any queries and for customer care and will be treated within the framework of the statutory provisions (in particular the Federal Data Protection Act). The bidder can object to the use of his personal data for marketing purposes at any time and to the data processing of his data after the purchase has been made in the future by sending an informal message to the company Auktionshaus "Rotherbaum" OHG or by sending an email to info@ah-rotherbaum. en disagree.
14. Place of fulfillment is Hamburg. Hamburg is also the place of jurisdiction in relation to registered traders as well as persons under public law and special funds. The same applies to Bankers who live abroad, have moved their place of residence there or whose place of residence is unknown. The legal relationships between the parties are based exclusively on German law.
As of February 2022.
