Conditions of Sale for bidder and buyer
By submitting a verbal or written bid, placing a written order, or placing a live bid via an auction platform, the buyer accepts the following auction and sales conditions as solely binding on the auctioneer and seller. They apply accordingly to private sales, whereby the time of the bid acceptance corresponds to the time of contract conclusion.
1. All items are auctioned publicly and voluntarily on behalf of and for the account of the consignor, who remains anonymous in the auction. The auctioneer is entitled to refuse to provide information about the consignor even after the auction if and to the extent that he assumes joint and several liability for any liabilities of the seller.
2. Used items are auctioned in accordance with §34 b) para. 6 no. 5 b) of the German Trade Regulation Act (Gewerbeordnung). The auction house accepts no liability for any open or hidden defects of any kind. The bid/sale is made without warranty. However, the buyer is given the opportunity to thoroughly and comprehensively inspect all items during the preview.
Expert opinions can be viewed at any time, but no liability is assumed for their accuracy. In addition, prospective buyers have the right to obtain expert opinions on the auction items at their own expense, provided that this does not jeopardize the auction date. The bidder therefore purchases the items as seen and to the exclusion of any warranty claims against the auctioneer and seller. Complaints after the bid has been accepted, of whatever nature, but in particular regarding quality and attribution, can therefore no longer be considered. Written and verbal information provided by the auctioneer about the auctioned goods, in particular in the respective auction catalog, are merely descriptions of the auctioned goods, which are compiled to the best of our knowledge and belief, but do not constitute guaranteed characteristics within the meaning of § 459 ff BGB (German Civil Code). Illustrations in the catalog serve as additional information - errors excepted. The auctioneer's liability for negligence is limited to cases of gross negligence and intent. For remote bidders who participated in the auction by telephone or as online bidders, § 312d, paragraph 4 BGB applies. There is no right of revocation or return in accordance with § 312 d BGB.
a) Unless catalog owners, auction participants, and bidders state otherwise, they affirm that they are acquiring the catalog and the items depicted therein from the Third Reich era solely for the purposes of civic education, the prevention of unconstitutional activities, art or science, research or teaching, reporting on current events or history, or similar purposes (§§ 86a, 86 of the German Criminal Code). The auctioneer and the consignor offer and sell these items only under these conditions.
3. Auction visitors will receive a bidder number upon providing their name and personal data. New customers are asked to provide proof of identity with their identity card when the bidder card is issued. In the case of new customers, the auction house reserves the right to require the provision of a credit card number or a cash deposit in addition to the presentation of an identity card. Online bidders must provide security (credit card) upon request.
3.1 In accordance with the Money Laundering Act (GwG), the auctioneer is obliged to identify the purchaser or the party interested in a purchase, as well as any representative acting on their behalf and the "beneficial owner" within the meaning of Section 3 GwG for the purpose of executing the order, and to record and store the information collected and obtained. The aforementioned purchaser or interested party, or their representative, is obliged to cooperate in this regard, in particular by presenting the necessary identification documents, in particular a passport, identity card, or passport or identity card substitute that is recognized or approved under domestic or foreign law. The auctioneer is entitled to make a copy of this in compliance with data protection regulations. In the case of legal entities or partnerships, an extract from the commercial or cooperative register or a comparable official register or directory must be requested. The purchaser or interested party assures that the identification documents submitted and information provided for this purpose are accurate and that he or the person he represents is the "beneficial owner" as defined in Section 3 of the GwG.
4. Bids are made at intervals of approximately 10% and are determined individually by the auctioneer. For bids made via an online platform, the auctioneer follows the preset bidding increments. Bids are made in euros. The bid is accepted after the highest bid has been repeated three times. The auctioneer may, without giving reasons, call individual lots only collectively or not at all, reject bids, refuse to accept a bid, or accept it only with reservation. In the event of duplicate bids, the auctioneer shall decide. A bid that has already been accepted may be withdrawn during the course of the auction if there is doubt as to whether a bid submitted in time has been overlooked. A conditional acceptance binds the bidder to their bid for a period of three weeks, without excluding other sales of the lot. If the unconditional acceptance does not take place during this period, the bid expires.
5. Bidding by telephone is possible from a limit price of €100. For lower amounts, customers have the option of submitting a written bid in advance. The auction house does not guarantee that a telephone connection will be established. Registration for telephone bidding automatically means that a limit bid is submitted, even if the bidder cannot be reached at the time of the call. Written bids or registrations for telephone bidding must be received by 6 p.m. on the day before the auction at the latest.
6. The acceptance of the bid obliges the buyer to immediately accept the auctioned item and pay the purchase price. Interim payments may be required for ongoing auctions. For remote bidders, payment and acceptance of the auctioned goods within 10 days of the auction is still considered timely. With the acceptance of the bid/conclusion of the purchase contract, the risk of total loss or damage to the item is transferred to the buyer. The auction house remains liable only in cases of gross negligence or intent.
7. The buyer must pay the auction house the hammer price and a 22% surcharge plus statutory value-added tax (19%) on this amount, i.e. a total of 26.18%. For online bids, a live fee may also be charged, which is displayed on the respective auction platform before the bid is placed (usually 2-5% of the hammer price plus VAT). In case of doubt, the auction record shall be decisive for the amount of the hammer price. Payment can be made in cash or by bank transfer. In case of doubt, the auction record shall be decisive for the amount of the hammer price. Payment can be made in cash or by bank transfer.
8. Ownership of the purchased items shall only pass to the buyer after full payment of the amount specified in clause 7. Only then can the buyer demand delivery of the purchased items. If, in exceptional cases, the purchased item is handed over before full payment of the purchase price, this shall be done under the express reservation of ownership by the consignor, including extended retention of title, i.e. the advance assignment to the seller of all claims acquired by the buyer in the event of resale, destruction, or damage to the purchased item, which is subject to the condition precedent of full payment of the purchase price.
9. Bidders present shall always purchase in their own name and on their own account. If the auctioneer agrees that a concluded purchase contract shall be extended to a third party named by the bidder, the bidder shall nevertheless remain jointly liable until this contract has been fulfilled in full.
10. If the auctioned items are not collected 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 may, in his own name, either demand fulfillment of the purchase contract or claim damages for non-performance. In the first case, he may store the purchased items with a shipping company or have them shipped at the buyer's expense. If he demands compensation for non-performance, he may auction the items again at the buyer's expense in accordance with the applicable auction conditions and, if the bid is not accepted, sell them freely. In this case, the buyer shall also be liable for any minimum proceeds, including auction costs. However, there shall be no claim to any additional proceeds. In any case, the auctioneer shall have a lien on the purchased items until the costs resulting from these measures have been paid. The auctioneer's right of choice shall only expire upon fulfillment of all claims.
A storage fee of €5.00 per calendar day will be charged for late collection of furniture and larger items. Items will only be sent to the buyer (by post or freight forwarder) at the express request of the buyer, at the buyer's risk and expense. The auction house is not obliged to store or ship the items, and no insurance is provided. In the case of transport by a shipping company, the transport invoice shall be paid by the buyer directly to the shipping company.
11. In the event of default, the buyer shall pay interest on the outstanding purchase price at a rate of 4% above the applicable discount rate, but at least 8%, subject to the assertion of further damages.
12. The place of performance is Hamburg. In relation to registered traders, public-law entities, and special funds, Hamburg is also the place of jurisdiction. The same applies to buyers who live abroad, have moved their place of residence there, or whose place of residence is unknown. The legal relationships between the parties are governed exclusively by German law.
Hamburg, 17. Juni 2025
Shipping Terms
We would like to inform you that we do not offer in-house shipping of auction items.
Shipping is carried out by our long-standing and reliable shipping partner MailBoxesEtc. (MBE).
If you have any questions about estimated shipping costs, do not hesitate to contact MBE: mbe0116@mbe.de
Please note that it may take a few days to process your inquiry.
MBE will take care of the appropriate packaging of the auctioned goods and select a suitable transport service (DPD, UPS, FedEx).
The parcels are given a tracking number. This allows the dispatch to be tracked digitally.
Additional insurance of the auction goods against loss or damage can be booked as an option.
As soon as the auction goods have been packed, weighed and stamped, you will receive a shipping invoice, which must be paid directly to MBE.
Once payment has been received, your parcel will be dispatched.
If you would like your auction goods to be dispatched, please send us an email stating your invoice number and the delivery address if this differs from the invoice address.
We will organise the delivery of your goods to MBE.
For large and heavy objects and furniture or extensive porcelain services, we recommend transport by a forwarding agent. If necessary, do not hesitate to contact us.
We will be happy to answer any further questions you may have.
Shipping Terms
We would like to inform you that we do not offer in-house shipping of auction items.
Shipping is carried out by our long-standing and reliable shipping partner MailBoxesEtc. (MBE).
If you have any questions about estimated shipping costs, do not hesitate to contact MBE: mbe0116@mbe.de
Please note that it may take a few days to process your inquiry.
MBE will take care of the appropriate packaging of the auctioned goods and select a suitable transport service (DPD, UPS, FedEx).
The parcels are given a tracking number. This allows the dispatch to be tracked digitally.
Additional insurance of the auction goods against loss or damage can be booked as an option.
As soon as the auction goods have been packed, weighed and stamped, you will receive a shipping invoice, which must be paid directly to MBE.
Once payment has been received, your parcel will be dispatched.
If you would like your auction goods to be dispatched, please send us an email stating your invoice number and the delivery address if this differs from the invoice address.
We will organise the delivery of your goods to MBE.
For large and heavy objects and furniture or extensive porcelain services, we recommend transport by a forwarding agent. If necessary, do not hesitate to contact us.
We will be happy to answer any further questions you may have.
