Auction Terms and Conditions of Auktions
By participating in the auction, the following conditions are acknowledged:
01. The company HANSEART (hereinafter referred to as "HANSEART" or "Auctioneer") auctions publicly as a commission agent in its own name and on behalf of the consignors (hereinafter referred to as "Consignors"). There is no entitlement to the disclosure of the Consignors. The auction is conducted voluntarily.
02. The catalog price indications are reserve prices (limits).
03. Written or telephone bids must be submitted at least 24 hours before the auction and must include the item, the catalog number, and the offered price. The same applies to bids via email, which must be submitted on the bid form and signed. The bid is understood as the hammer price excluding buyer's premium and value-added tax (VAT). Any uncertainties or inaccuracies shall be at the bidder's expense; in case of doubt, only the catalog number shall apply. In the case of telephone bids, the bidder assumes the risk of establishing the connection. Telephone bidders are bidding the reserve price as the minimum bid.
04. HANSEART reserves the right to combine, separate, call out of sequence, or withdraw catalog numbers. The call and increment are at the discretion of HANSEART. Generally, increments are 10%.
05. HANSEART reserves the right to withhold or refuse the acceptance of a bid for special reasons. If multiple persons submit the same bid and no higher bid is made after three calls, the decision is made by drawing lots. If HANSEART overlooks a timely higher bid and the bidder immediately protests, or if there are other doubts about the award, HANSEART may at its discretion repeat the award in favor of a specific bidder or reoffer the item until the conclusion of the auction. In such cases, the previous award is voided. If no award is made despite a bid, HANSEART is only liable to the bidder for willful misconduct or gross negligence.
06. The acceptance of a bid (hammer price) is awarded when no higher bid is made after three calls of a bid. If a bid is accepted under reservation, the bidder is bound to their bid for three weeks. If an unconditional acceptance is not received within this period, it expires. If a reservation is not accepted, the item may be sold without further inquiry to a bidder who offers the reserve or higher.
07. The hammer price obliges acceptance and payment. Upon the acceptance of the bid, the risk of accidental damage, loss, confusion, etc., of the auctioned item passes to the purchaser, who also bears the burdens.
08. A buyer's premium of 26% plus VAT and any applicable resale levy is added to the hammer price. Since January 1, 1995, differential taxation applies. The purchase price is due upon acceptance of the bid. Invoices issued during or immediately after the auction are subject to verification and potential correction. Errors excepted. Oral statements without written confirmation are non-binding.
09. HANSEART is not liable for timely presentation, protest, notification, or return of unpaid payments/instruments. If HANSEART agrees to a non-cash payment, all costs, taxes, and fees triggered by the payment (including bank fees deducted from the auctioneer) are borne by the buyer. Auctioned items are only handed over after payment of all amounts due from the buyer has been made (for non-cash payments only after unconditional bank credit). Ownership remains reserved until all claims existing at the time of the hammer price against the buyer have been fulfilled. The buyer can only offset claims against HANSEART that are undisputed or legally established. The buyer's rights of retention are excluded unless they are based on the same contractual relationship.
10. In the event of default, interest of 2% for each commenced month will be charged. HANSEART may, at its discretion, demand fulfillment of the purchase contract or, without setting a deadline, claim damages for non-performance and, independently, auction the item again at the expense of the purchaser/buyer. In this case, the defaulting buyer, whose rights from the previous hammer price are voided, is liable for any shortfall. The defaulting buyer is not permitted to place a new bid and has no claim to any surplus proceeds.
11. The buyer is obligated to collect their acquisition within seven days after the auction. After this period, HANSEART may claim damages for delay and auction the item again, calculating their damages in the same manner as for payment default. From the moment of the hammer price, the auctioned item is stored at the buyer's expense and risk with HANSEART, who is entitled to take out insurance at the buyer's expense or take other measures to secure the value or store the item in the name and on behalf of the buyer with a third party. For in-house storage by HANSEART, a storage fee customary for commercial forwarding companies plus handling costs will be charged. Shipping is only carried out upon request and following the buyer's instructions, at the buyer's expense and risk.
12. All items coming up for auction can be viewed and examined before the auction. They are used and are auctioned off in the condition they are in at the moment of the hammer price, without warranty and liability from HANSEART for open and hidden defects as well as attributions. The catalog information does not constitute assurances or guarantees within the legal sense of §§ 434 ff., BGB, and serves only for information; it does not become part of the contractual nature of the item. The same applies to any kind of information (condition descriptions), whether oral or written. The condition is not consistently noted in the catalog so that missing information also does not constitute a condition agreement.
13. However, HANSEART undertakes, in case of discrepancies from catalog descriptions that nullify or significantly diminish the value or usability and which are reasonably presented within a one-year limitation period after the hammer price, to assert its rights against the consignor, if necessary also judicially. In the case of successful claims against the consignor, HANSEART will reimburse the buyer exclusively for the purchase price, but not for any other costs or expenses incurred by the buyer. Otherwise, HANSEART is not liable for defects.
14. Claims for damages due to a defect, loss, or damage of the auctioned item, regardless of the legal grounds, or due to deviations from catalog information or other provided information, are excluded unless HANSEART acted willfully or with gross negligence or violated essential contractual obligations; otherwise, clause 12 applies.
15. Only German law applies. The UN Convention on Contracts for the International Sale of Goods dated April 11, 1980 (CISG; BGBl 89 II) is excluded. Munich is agreed as the place of payment and performance and the exclusive place of jurisdiction in the event that a) the contracting parties are merchants in the sense of the HGB; b) the party to be sued has moved its residence or habitual abode out of the scope of the German Code of Civil Procedure after concluding the contract or its whereabouts are unknown at the time of the action being filed; c) the contracting partner has no general place of jurisdiction within the Federal Republic of Germany.
16. Should any provisions be entirely or partially ineffective, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by an effective one that most closely achieves the economic substance and purpose of the ineffective provision.
17. These auction conditions also apply correspondingly to the subsequent private sale of items by HANSEART to a purchaser.
