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Contract and terms of usage for the Philasearch.com portal

 

Preliminary remarks:
 
The portal www.philasearch.com is offering individuals the possibility to place bids on auctions run by contractors of Philasearch or purchase goods at fixed prices. Should you be interested in one of these possibilities you will have to register as a user in advance. By registering you acknowledge and accept our terms of usage.
By checking the respective box during your registration you accept the following conditions and enter a contract with Philasearch.com GmbH, Lindenweg 1, 63877 Sailauf (CEOs Franz Fedra, Wolfram Eisert, Walter Christ, registered at the Aschaffenburg district court, HRB: 7960) in order to use the website.

 
Revocation disclaimer:
 
You may revoke the above contract within 14 days and without specific reasons in plain text (e.g. letter, fax, e-mail). The term will come into effect upon delivery of this disclaimer in plain text, however neither prior to the conclusion of this contract nor prior to the fulfillment of our information obligations according to German civil law (Art. 246 § 2 acc. § 1 par. 1 & 2; § 312e par. 1 sen. 1 acc. art. 246 § 3). To revoke your contract the posting date is relevant. Please direct your revocation to Philasearch.com GmbH, Lindenweg 1, 63877 Sailauf or via e-mail to widerspruch@philasearch.com.

 

Special advisory

Your right of revocation will expire prematurely if the contract is completely fulfilled by both parties, upon your express request, before you have exercised your right of revocation.

PhilaSearch.com GmbH

You may terminate the user contract at any time by written notice to the above address. Any complaints should be directed to the above address as well.

 

Terms and Conditions of Use

 

I. Use of the platform

1.      PhilaSearch enables registered internet users (‘User(s)’) to place bids in auctions of PhilaSearch partners, be it prior to or during a pending auction, or bids for purchasing a fixed price item, via the internet. PhilaSearch only acts as a platform for these purposes, not as a representative of User. It is expressly agreed that, in the event of a successful bid, a contract is entered into only between User and the PhilaSearch partner at the respective PhilaSearch partner’s terms and conditions. The partner’s terms and conditions are displayed on the screen immediately prior to the placing of a bid and must be specifically accepted by User.

2.      Registered PhilaSearch Users can use the PhilaSearch website only within the limits of the current state of the art. Technical disruptions in the power supply or transmission network, hardware or software failure, capacity shortage, safety or service related interruptions may impair availability. PhilaSearch offers no guarantee for the timely receipt of a bid by the auctioneer.

3.      The use of the PhilaSearch services by registered Users is free of charge.

 

II.Registration, personal details

1.      To register with the portal, User has to complete a form. The data requested in the form shall be provided completely and truthfully by User, comprising first name and surname, the current address and telephone number, the date of birth, a valid email address and, where applicable, the firm name. User shall notify PhilaSearch without delay of any changes in the required data as may occur after the registration.

2.      User shall truthfully provide the data required for the registration. PhilaSearch reserves the right to deactivate Users whose data are incomplete or obviously incorrect, or Users who have obtained a registration by technically bypassing the registration form.

3.     PhilaSearchPhilaSearch will transfer the personal data stated on the registration form to the relevant partner hosting the auction or offering the fixed price item for which User has placed a bid. The PhilaSearch partner has the right to object to the registration of a User by notice to PhilaSearch without stating any reason. If any such notice of objection has been given PhilaSearch will delete the registration and inform the User using the email address indicated on the registration.

4.      User’s consent to the aforementioned or any other use of User’s personal data will be obtained separately, where required. A registration without the required consent is incomplete and will be rejected.

5.      The registration will be confirmed by PhilaSearch.

 

III. Warranty, liability

1.      Since no contract concerning the sold items becomes effective between PhilaSearch and User upon the placing of bids in auctions or for purchasing fixed price items from PhilaSearch partners, PhilaSearch expressly points out in this context that PhilaSearch issues no warranty and accepts no liability for the accuracy and completeness of the information provided in connection with the items offered by the PhilaSearch partner.

2.      PhilaSearch accepts unlimited liability for damage caused by intent or gross negligence. For any breach by ordinary negligence of an obligation whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper performance of the contract and on whose fulfillment User could reasonably rely upon (‘essential obligation’), the liability shall be limited to foreseeable damage characteristic for the contract; any compensation of indirect losses, especially lost profits, shall be excluded in such cases. This limitation shall not apply in the event of injury to life, limb or health. PhilaSearch accepts no liability for a breach by ordinary negligence of accessory duties that are not essential obligations. PhilaSearch accepts liability for events of initial impossibility only if PhilaSearch was aware, or ought to have been aware but for gross negligence, of the circumstances barring performance, provided this does not concern an essential obligation. This shall not entail a reversal of the burden of proof to User’s disadvantage. Any exclusion or limitation of the liability of PhilaSearch applies also to the personal liability of the employees, staff, representatives and vicarious agents of PhilaSearch.

 

IV. Governing law, severability

1.      These General Terms and Conditions including the Terms and Conditions of Use shall be governed by the substantive laws of Germany to the exclusion of the UN Sales Convention, provided User is a business. If User is a consumer, these General Terms and Conditions including the Terms and Conditions of Use shall be governed by the laws of Germany except where opposed by mandatory legal provisions, especially consumer protection laws.

2.      If any provision of these General Terms and Conditions is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof. Any invalid provision shall be deemed replaced by a legally valid provision which accomplishes, as closely as possible, the economic purpose and intent of the invalid provision.

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Privacy policy of PhilaSearch.com GmbH (‘PhilaSearch’) for the use of the portal provided on the "philasearch.com", "numissearch.com" und "antiquessearch.com" websites.

 

Your data

I. Legal requirements

The data of our customers are processed in compliance with the requirements of the German Telemedia Act and the German Data Protection Act. In accordance with these laws, we may use personal data for processing purposes as required to establish, define the terms of, or amend a contractual relationship (master data), as well as to render and, where applicable, bill the services (user data). Upon termination of the use, the user data will be processed and used only as necessary for accounting purposes (accounting data), including their transfer to third parties as required to determine the fee and bill the use. Where our customers request individual proof of the use of specific offers, accounting data will be stored until no later than the end of the 6th month after dispatch of the invoice, except where objections have been raised to an invoice.

We use technical and organizational safety precautions to protect the personal data provided by you against accidental or intentional manipulation, loss, destruction, or unauthorized access. Our safety precautions are improved and adjusted constantly to at all times comply with the state of the art.

For purposes of advertising, market research and the improvement of the user-friendliness of our offers, we may set up user profiles using pseudonyms for our customers, unless a customer objects. Please address your objection to widerspruch@philasearch.com. Under no circumstances will any user profiles be connected with the data of the user behind the pseudonym.

II. Your consent to data processing by PhilaSearch

  1. I am aware that I may use the online offer provided by PHILASEARCH without disclosing my identity; to be able to bid for auction lots or fixed price items, it is necessary to accurately state my first name and surname, my current address and telephone number, and a valid email address as well as, where applicable, my firm name.
  2. I consent to that PhilaSearch.com GmbH, Lindenweg 1, 63887 Sailauf may collect my above described personal data and process, store and use them to create, perform or terminate my user relationship with PhilaSearch.
  3. I consent to that PhilaSearch may transfer my registration data to the relevant providers (auction house, etc.) for purposes of performing the contract.
  4. I consent to that PhilaSearch may collect, process and use my user data, including by means of automated processes such as cookies. I am aware that cookies (small datasets including configuration details) are used to determine the frequency of use, to identify the users of the PhilaSearch websites, and to optimize advertising messages. I am also aware that advertisements may be placed on specific sites by companies or agencies that possibly use cookies which are beyond the control of or may not be separately indicated by PhilaSearch. I am further aware that I may adjust the settings of my internet browser to automatically refuse cookies; in that case, however, the use of the full features of the ‘PhilaSearch.com’ website cannot be guaranteed.
  5. I consent to that PhilaSearch may also collect, process and use the master and user data to investigate or to prevent any unauthorized use of the services offered by PhilaSearch or its partners.
  6. I consent to that PhilaSearch may process, use, or transmit to the prosecution authorities or to infringed third parties, including after the end of the user relationship, my personal data if there is actual documented evidence of any misuse of the PhilaSearch portal.
  7. I consent to that PhilaSearch may send periodical mailings (newsletters) for advertising and information purposes to the email address communicated by me, unless I have objected. Please address your objection to widerspruch@philasearch.com.

I am aware that I may revoke my consent or parts thereof at any time. Notice of revocation must be given in writing to PHILASEARCH.COM GmbH, Lindenweg 1, 63877 Sailauf, or by email to the following address: widerspruch@philasearch.com. However, this does not extend to the data required to process orders (accounting data). On receipt of the notice of revocation PhilaSearch will cease using the relevant data for any purposes other than processing your orders.

Datenschutzerklärung für die Nutzung von Facebook-Plugins (Like-Button)
Auf unseren Seiten sind Plugins des sozialen Netzwerks Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA integriert. Die Facebook-Plugins erkennen Sie an dem Facebook-Logo oder dem "Like-Button" ("Gefällt mir") auf unserer Seite. Eine Übersicht über die Facebook-Plugins finden Sie hier: http://developers.facebook.com/docs/plugins/.
Wenn Sie unsere Seiten besuchen, wird über das Plugin eine direkte Verbindung zwischen Ihrem Browser und dem Facebook-Server hergestellt. Facebook erhält dadurch die Information, dass Sie mit Ihrer IP-Adresse unsere Seite besucht haben. Wenn Sie den Facebook "Like-Button" anklicken während Sie in Ihrem Facebook-Account eingeloggt sind, können Sie die Inhalte unserer Seiten auf Ihrem Facebook-Profil verlinken. Dadurch kann Facebook den Besuch unserer Seiten Ihrem Benutzerkonto zuordnen. Wir weisen darauf hin, dass wir als Anbieter der Seiten keine Kenntnis vom Inhalt der übermittelten Daten sowie deren Nutzung durch Facebook erhalten. Weitere Informationen hierzu finden Sie in der Datenschutzerklärung von facebook unter http://de-de.facebook.com/policy.php

Wenn Sie nicht wünschen, dass Facebook den Besuch unserer Seiten Ihrem Facebook-Nutzerkonto zuordnen kann, loggen Sie sich bitte aus Ihrem Facebook-Benutzerkonto aus.
 
Datenschutzerklärung für die Nutzung von Google Analytics
Diese Website benutzt Google Analytics, einen Webanalysedienst der Google Inc. („Google“). Google Analytics verwendet sog. „Cookies“, Textdateien, die auf Ihrem Computer gespeichert werden und die eine Analyse der Benutzung der Website durch Sie ermöglichen. Die durch den Cookie erzeugten Informationen über Ihre Benutzung dieser Website werden in der Regel an einen Server von Google in den USA übertragen und dort gespeichert. Im Falle der Aktivierung der IP-Anonymisierung auf dieser Website, wird Ihre IP-Adresse von Google jedoch innerhalb von Mitgliedstaaten der Europäischen Union oder in anderen Vertragsstaaten des Abkommens über den Europäischen Wirtschaftsraum zuvor gekürzt. Nur in Ausnahmefällen wird die volle IP-Adresse an einen Server von Google in den USA übertragen und dort gekürzt. Im Auftrag des Betreibers dieser Website wird Google diese Informationen benutzen, um Ihre Nutzung der Website auszuwerten, um Reports über die Websiteaktivitäten zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen gegenüber dem Websitebetreiber zu erbringen. Die im Rahmen von Google Analytics von Ihrem Browser übermittelte IP-Adresse wird nicht mit anderen Daten von Google zusammengeführt. Sie können die Speicherung der Cookies durch eine entsprechende Einstellung Ihrer Browser-Software verhindern; wir weisen Sie jedoch darauf hin, dass Sie in diesem Fall gegebenenfalls nicht sämtliche Funktionen dieser Website vollumfänglich werden nutzen können. Sie können darüber hinaus die Erfassung der durch das Cookie erzeugten und auf Ihre Nutzung der Website bezogenen Daten (inkl. Ihrer IP-Adresse) an Google sowie die Verarbeitung dieser Daten durch Google verhindern, indem sie das unter dem folgenden Link (http://tools.google.com/dlpage/gaoptout?hl=de) verfügbare Browser-Plugin herunterladen und installieren.

Sie können die Erfassung durch Google Analytics verhindern, indem Sie auf folgenden Link klicken. Es wird ein Opt-Out-Cookie gesetzt, der die zukünftige Erfassung Ihrer Daten beim Besuch dieser Website verhindert:
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Nähere Informationen zu Nutzungsbedingungen und Datenschutz finden Sie unter http://www.google.com/analytics/terms/de.html. Wir weisen Sie darauf hin, dass auf dieser Website Google Analytics um den Code „gat._anonymizeIp();“ erweitert wurde, um eine anonymisierte Erfassung von IP-Adressen (sog. IP-Masking) zu gewährleisten.  

Datenschutzerklärung für die Nutzung von Google +1
Erfassung und Weitergabe von Informationen:
Mithilfe der Google +1-Schaltfläche können Sie Informationen weltweit veröffentlichen. über die Google +1-Schaltfläche erhalten Sie und andere Nutzer personalisierte Inhalte von Google und unseren Partnern. Google speichert sowohl die Information, dass Sie für einen Inhalt +1 gegeben haben, als auch Informationen über die Seite, die Sie beim Klicken auf +1 angesehen haben. Ihre +1 können als Hinweise zusammen mit Ihrem Profilnamen und Ihrem Foto in Google-Diensten, wie etwa in Suchergebnissen oder in Ihrem Google-Profil, oder an anderen Stellen auf Websites und Anzeigen im Internet eingeblendet werden.
Google zeichnet Informationen über Ihre +1-Aktivitäten auf, um die Google-Dienste für Sie und andere zu verbessern. Um die Google +1-Schaltfläche verwenden zu können, benötigen Sie ein weltweit sichtbares, öffentliches Google-Profil, das zumindest den für das Profil gewählten Namen enthalten muss. Dieser Name wird in allen Google-Diensten verwendet. In manchen Fällen kann dieser Name auch einen anderen Namen ersetzen, den Sie beim Teilen von Inhalten über Ihr Google-Konto verwendet haben. Die Identität Ihres Google-Profils kann Nutzern angezeigt werden, die Ihre E-Mail-Adresse kennen oder über andere identifizierende Informationen von Ihnen verfügen.
Verwendung der erfassten Informationen:
Neben den oben erläuterten Verwendungszwecken werden die von Ihnen bereitgestellten Informationen gemäß den geltenden Google-Datenschutzbestimmungen genutzt. Google veröffentlicht möglicherweise zusammengefasste Statistiken über die +1-Aktivitäten der Nutzer bzw. gibt diese an Nutzer und Partner weiter, wie etwa Publisher, Inserenten oder verbundene Websites.
 
Datenschutzerklärung für die Nutzung von Twitter
Auf unseren Seiten sind Funktionen des Dienstes Twitter eingebunden. Diese Funktionen werden angeboten durch die Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Durch das Benutzen von Twitter und der Funktion "Re-Tweet" werden die von Ihnen besuchten Webseiten mit Ihrem Twitter-Account verknüpft und anderen Nutzern bekannt gegeben. Dabei werden auch Daten an Twitter übertragen.
Wir weisen darauf hin, dass wir als Anbieter der Seiten keine Kenntnis vom Inhalt der übermittelten Daten sowie deren Nutzung durch Twitter erhalten. Weitere Informationen hierzu finden Sie in der Datenschutzerklärung von Twitter unter http://twitter.com/privacy.

Ihre Datenschutzeinstellungen bei Twitter können Sie in den Konto-Einstellungen unter http://twitter.com/account/settings ändern.
 

Quellenangaben: Disclaimer von eRecht24, dem Portal zum Internetrecht von Rechtsanwalt Sören Siebert, eRecht24 Facebook Datenschutzerklärung, Google Analytics Terms, Datenschutzerklärung für Google +1, Datenschutzerklärung Twitter

Terms and conditions for Live Auctions

Terms and conditions for live auctions:

 

Preliminary remarks:


The portal www.philasearch.com provides users with the ablility to make orders and place bids auctions with our trade partners through the internet. If you are interested in this option, you will have to complete a special registration first for each particular auction at PhilaSearch. The registration is subject to the following terms and conditions.

 


By clicking the checkbox at the end of the terms and conditions you accept the following conditions and you conclude a contract with PhilaSearch.com GmbH, Lindenweg 1, 63877 Sailauf for the use of the Philasearch.com website.


You can terminate your licence agreement and the subsequent conditions of participation in writing within two weeks of accepting the agreement . Contact Philasearch.com GmbH, Lindenweg 1, 63877 Sailauf or send an e-mail to the following address service@philasearch.com. However, the right of termination is invalidated as soon as you have place a bid on an auction. Apart from that you can terminate the licence agreement at anytime by sending a written statement to the above referenced address. Comments, questions or complaints can also be sent to the above address.

 

Conditions of participation:


I. General methods of use


1. PhilaSearch allows the registered internet user (named "User") to bid In the auctions of the PhilaSearch trade partners before and during the current auction through the internet. Insofar PhilaSearch acts merely as a carrier and not as a representative or agent for the user. In this respect it is clarified that in the case of a successful bid a contract is exclusively made between the user and the trade partner of PhilaSearch, based on the particular auction conditions of the PhilaSearchtrade partner. The respective auction conditions of the trade partner are shown during completing the special registration process and have to be accepted explicitly by the user in order to successfully complete the special registration.

 


2. Registered users of PhilaSearch can only use the PhilaSearch web page within the current standard of technology. Technical disorders or failure of the power supply, transmission networks, hardwareand software faults, bottlenecks in capacity, safety or service interruptions can affect the utilizationand access of the service. The quickness of the data transmission is dependant on the existing hardware and internet connection of the user. PhilaSearch assumes no liability for a bid arriving in time to the auctioneer.


3. The use of the PhilaSearch services is free for registered users.
 

 

II. Registration, Personal data


1. A user has to complete a form to be registered. The user has to provide all of the requested data/information completely and correctly. This includes first and last name, current address and telephone number, a valid e-mail addressand if applicable, company. If the requested changes after registration the user is required to submit the edits immediately to PhilaSearch.

 


2. The user must state the necessary registration data truthfully. PhilaSearch reserves the right to prohibit users, whose data is incorrect or obviously wrong, as well as users, which have submitted a registration by bypassing the form.


3.Philasearch will relay the personal data provided in the registration form to the particular trade partner who is performing the auction for which the user has registered. The PhilaSearch trade partner has the right to reject any registration submitted via PhilaSearch without a specification of reasons. In the case of rejection, PhilaSearch will delete the registration and inform the user via the e-mail address, provided during the registration.


4. The registration is followed by a confirmation process through PhilaSearch A confirmation code will be sent to the e-mail address of the user.


5. A registration at PhilaSearch is only valid for one auction. If a user wants to participate in additional auctions, a new registration is needed. Once the registration is complete and initialised the user can place bids.

 

III. Warranty and liability


1. As there is no contract between PhilaSearch and the user for bids onauctions of PhilaSearch trade partners, PhilaSearch again indicates explicitly that PhilaSearch assumes no liability for the accuracy and completeness of the data provided with the offered articles of PhilaSearch trade partners.

 

 

IV. Other


1. The present business conditions including the licence agreement are subject to the laws of the Federal Republic of Germany and without possibility of recourse, the UN-consumer rights laws, as far as the user is an entrepreneur. If the user is a consumer, the business conditions including the licence agreement are subject to the laws of the Federal Republic of Germany, especially consumer protection regulations.

 


2. In the event that one of the above terms and conditions is effectless, due to a conflicting law or regulation, the remaining terms and conditions will remain valid.

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Terms and conditions

Burda Auction, s.r.o. General Trading Terms


 

These General Trading Terms of the Company (hereinafter "GTTC") set the basic rules for:

A. Internet trade (terms and conditions of sale and purchase of stamp collecting items and other collectibles as well sale of goods, particularly through the www.burda-auction.com portal)

B. Written auctions (terms and conditions of a written auction held to mediate the sale and purchase of stamp collecting items and other collectibles between the buyer and the owner of an item)

C. Room auctions (terms and conditions of a room auction held to mediate the sale and purchase of stamp collecting items and other collectibles between the buyer and the owner of an item)


 

Definition of terms and common provisions

1. Burda Auction, s.r.o.

Burda Auction, s.r.o., (hereinafter the Company) is a company with the trade name Burda Auction, s.r.o. and registered office at Střelice, Malá Stránka 8, post code 664 47, identification number: 27697754, VAT registration number: CZ27697754, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 52858.

At the registered office, the Company management is based and it is in this place that the documents addressed to the Company are received.

2. Commercial Premises

The term Commercial Premises designates the premises hired by Burda Auction, s.r.o. for communication with the public at Bohunická 81, Brno, post code 619 00 and at Terronská 7, Praha 6, post code 160 00. The current opening hours are available in the Commercial Premises and at the Company's web portal.

3. Effect of the General Trading Terms of the Company

These GTTC come into effect on 1 st August 2009. The Company reserves the right to make changes in the GTTC even after this date. The Clients will be informed of any such changes at the Company's web portal.

4. Legal Relationships

The legal relationships concerning the mediation of sales and purchases of stamp collecting items and other collectibles via the Internet trade established by the Company and the mediation of sales and purchases of stamp collecting items and other collectibles via a written auction and a room auction as well as the sale of goods via the Internet trade, and direct sale on the Commercial Premises are governed by the general regulations currently in effect in the Czech Republic and by the above GTTC. In the event of a legal dispute arising from the sale or purchase of goods, the District Court of Brno-venkov will be the court having jurisdiction.

5. Cultural Objects

Trading in and exporting of cultural objects is governed by Act no. 71/1994 Coll., concerning the trading in and exporting of cultural objects, as amended. A cultural object may only be exported from the Czech Republic after producing an official document certifying that such an object has not been adjudged a cultural monument ( kultůrní památka ) and neither is it part of a set adjudged a cultural monument in the sense of the Care of Historic Monuments Act. The Buyers are obliged to get acquainted with the terms and conditions of the sale of cultural objects as stipulated by the provisions of Act no. 71/1994 Coll.

6. Personal Data

Before taking part in a written or room auction, a Client must provide his or her personal data. Burda Auction, s.r.o. (the Manager) will handle such data in conformance with the regulations currently in force, particularly those of Act no. 101/2000 Coll. The Manager will protect any personal data against misuse. The Clients' personal data as stored will not be shared with any applications of third parties. By providing his or her personal data, a Client consents to the Manager processing the data to offer products and services, send information on the Manager's activities (e-mail) as stipulated by Act no. 480/2004 Coll. for a period until such consent is withdrawn. The Manager may authorise a third party to process personal data. In this way, the Manager informs the Clients and explicitly instructs them on their rights given by Act no. 101/2000 Coll. concerning the protection of personal data, including but not restricted to the fact that such a provision of personal data for the Manager is voluntary, the right of a Client to access such data, the right to withdraw the above consent in a letter sent to the Manager's address, and the right, in the event of his or her rights being violated, to address the Office For Personal Data Protection demanding an adequate remedy for the violation as provided by Sections 11 and 21 of the above Act. If a Client wishes to correct his or her personal data processed by the Manager, he or she may ask the Manager do so in a letter or by e-mail.

7. Copyright

Burda Auction, s.r.o. is the owner of the copyright of the entire content of the www.burda-auction.com site, of the catalogue and other printed matter unless otherwise explicitly stated. No part of this portal or catalogue may be used without a written consent of the Company. An exception is the use for non-commercial purposes (copying, printing, referring to the content) provided that the content is not modified and/or further disseminated. Even after a Buyer acquires title to an item, Burda Auction, s.r.o. will be entitled to use the text and pictorial description thereof.

8. Flat Shipping Rates

For an item the sale of which has been mediated and for a sold item, the Company is entitled to charge a flat shipping rate (postage and packing). For an item priced up to 1000 CZK, 20 CZK including VAT is charged for packing. For an item priced more than 1000 CZK, 40 CZK including VAT is charged for packing. For a heavy parcel or shipment, 100 CZK including VAT is charged for packing. The flat shipping rate is not charged if an item has been collected in person on the Commercial Premises. The postage (or transport) charge is calculated by a special computer program based on the prices currently charged by the transport companies including but not restricted to Česká pošta, s.p., and PPL CZ, s.r.o. The postage (transport) charged may differ from the postage (transport) as actually charged by a transport company. This provides no ground for complaining or seeking compensation for the difference. Because of high overhead costs, the Company does not accept orders priced lower than 200 CZK.

9. Method of Payment and Delivery of a Shipment

Burda Auction, s.r.o., will hand over an item to the recipient (buyer) in person or by post or using other means of transport only after such an item has been completely paid for. The recipient may pay the price of an item: (a) in cash if collecting the item on the Commercial Premises, (b) in advance by a bank transfer or using a postal money order, (c) on C.O.D. terms. The company sends the goods by registered or insured mail. The risks related to the potential loss or damage during distribution are born by the buyer.

10. Bidding Rules

The asking bid prices are set as minimum prices. A bid lower than the asking bid will not be accepted by the Company until a result sheet is set up.

The Company will not accept bids by the owner of an item or by the next of kin for that same item.

A Buyer may submit several bids for a single item, but it is always the last bid that is in effect. The Company does not accept bid prices being lowered. The bid increments are given by the below scale. If a bid does not respect the scale, the Company will modify the price of such a bid downwards:

From

To

Bid Increment

0 CZK

950 CZK

50 CZK

1,000 CZK

1,900 CZK

100 CZK

2,000 CZK

4,800 CZK

200 CZK

5,000 CZK

19,500 CZK

500 CZK

20,000 CZK

49,000 CZK

1,000 CZK

50,000 CZK

98,000 CZK

2,000 CZK

100,000 CZK

195,000 CZK

5,000 CZK

200,000 CZK

490,000 CZK

10,000 CZK

500,000 CZK

980,000 CZK

20,000 CZK

1,000,000 CZK

and more

50,000 CZK


 

11. Acquiring Title

The Buyer or a participant acquires title to an item of written auction, room auction as well as to goods and items of an Internet trade once it has been paid for or received.

12. Presentation of Items

Items are presented at the Company's web portal and in printed form particularly in a catalogue . The pictures on the web provide additional information especially on the quality of the items . The item prices listed in catalogues (POFIS, MICHEL, and others) are to be taken only as guiding ones and a difference between the price of an item listed in a catalogue and one determined otherwise or the current market price constitutes no ground for complaint. If the price of an item is apparently wrong (due to a misprint), the Company will not be obliged to accept the offer of a Buyer.

13. Complaints about Defects of Items

It is the owner of an item who is responsible for its genuineness and quality rather than Burda Auction, s.r.o. Complaints may be sent to the Company at its address. Sending items back to the company on C.O.D. terms is not possible and all such shipments will be rejected and returned to sender by the Company. The following are the deadlines for sending complaints about defects of items to the company: (a) within 3 days from receiving the shipment in the case of Internet trade, (b) within 20 days after a written auction is closed, (c) immediately in the room or within 20 days after a room auction is closed. The buyers are obliged to take over items in time.

The deadline for sending complaints to the Company may be extended if a Buyer, having received an unverified item, has the item verified at his or her own cost. The Company should be informed about this prior to the deadline for sending complaints to the Company.

Complaints cannot be made about :

  • Defects apparent from the description or the picture of the item on the Company's web

  • Items consisting of 10 or more components (series, sets, volutes)

  • Items marked KVP in the text (quality to be inspected)

  • Items marked [COLLECTIONS] or [SB Í RKY]

The purchase of the items mentioned above without prior inspection is made by the buyer at his/her own risk. Therefore the Company recommends personal inspection and collection.

The Buyer agrees that the Company will mediate the purchase of collections, sets, and parts of collections in their original conditions as per Section 501 of the Czech Civil Code and thus no defects of such items can be claimed.

14. Acceptance of the General Trading Terms of the Company

By placing an order, taking part in a written or room auction, and/or registering at the Company's web portal a peerson accepts these GTTC. It is the Czech version of the GTTC that is decisive in the event of disputes, for exercising rights and meeting obligations.


 

A.
Internet Trade

Terms and conditions of mediating sale and purchase of stamp collecting items and other collectibles as well sale of goods through the web portal of the Company

1. Definition of Terms

The term Mediator or Buyer will, for the purposes of part (A) of the General Trading Terms of the Company, denote Burda Auction, s.r.o..

2. Objects

The Mediator uses the web portal of the Company to mediate sale and purchase of stamp collecting items and other collectibles (hereinafter the items) between the Owner (the owner of an item or a person otherwise authorised to transfer title to the item) and the Buyer. In addition, the Mediator, as a seller, also uses the web portal, a printed catalogue, or other printed matter to offer the sale of packaging material and other goods related to stamp collecting such as stock books, magnifying glasses, and tweezers (hereinafter the Goods) .

3. Prices of Items, Goods, and Services

The Mediator is a value-added-tax payer. The prices of items as listed for the Internet trade already include the VAT and are definite for the Buyer.

The Buyer accepts the price listed once he or she places an order.

4. Inspection of Items

Collectibles have been scanned and pictures of them are posted on the Internet portal. Collections and parts of collections may not be displayed completely. The Buyer is entitled to inspect the items displayed on the Internet trade portal in person on the Commercial Premises of the Mediator if previously arranged by phone.

5. Sale of Protective Packaging

When selling protective packaging under serial number 100 to 199, the Seller gives a discount of 5 percent if the price of a packaging item exceeds 1000 CZK and a discount of ten percent if the price exceeds 1500 CZK.

If selling goods, the Mediator is in the position of a seller and as such may be denoted as the Seller hereinafter.

6. Complaints about Defects of Items and Goods

Complaints about defects of items and goods are governed by the relevant provisions of the Civil Code, Commercial Code, and Consumer Protection Act.

a) Complaints about defects of items (stamp collecting items and other collectibles): The procedure to be used to claim defects of items is governed by the common provisions of these GTTC (Complaints about Defects of Items).

b) Complaints about defects of Goods (new stamp collecting accessories):

The complaints about defects of new goods are governed by Sections 621, 622, and 625 of the Civil Code.

B.
Written Auction

Terms and condition of a written auction held to mediate sale and purchase of stamp collecting items and other collectibles between the buyers and the owners of items

1. Definition of Terms

The word Mediator will, for the purposes of part (B) of the General Trading Terms of the Company, denote Burda Auction, s.r.o..

The word Buyer will denote any person participating in the current auction (hereinafter the Buyer).

The owner is the owner of an item or a person authorised to transfer title to an item (hereinafter the Owner).

2. Objects

The Mediator holds a written auction in order to mediate sale and purchase of stamp collection items and other collectibles including stamp collecting accessories (hereinafter the Object of Auction) between the Owner and the Buyer.

3. How a Written Auction Works

Auction items are sold following written bids so that the item to be sold is bought by the auction participant with the highest bid with maximum advantage, that is, for the price of the bid immediately higher than the second highest bid or the asking price of the item. In the event of a tie bid in value, the bidder who bid on the item first will win the tie. Decisive for the determination of the order of bids is the date of the post stamp, date of the e-mail or fax of a written instruction.

The Mediator accepts only written bids delivered by means of communication by the date and time of the written bid acceptance deadline for the auction in question.

The rules governing the submission of bids are stipulated in the common provisions of the GTTC under Bidding Rules. Inspections of items start in the places and at the times announced before the opening of an auction and listed in an auction catalogue and at the Company's web portal.

During an auction, the Mediator announces the results on a continual basis (the current purchase prices - not the highest bid price) at its web portal or by phone. The Mediator provides no further information.

4. Commissions, Settlements, Terms of Payment

For mediating a purchase, the Mediator charges the Buyer a commission of 19 % including VAT of the price auctioned. In items marked D+, the organizer charges a commission of 19% of the price auctioned + 21% VAT of the price achieved by auctioning increased by the commission.

After an auction is closed, the Buyers who have not registered at the Company's web portal will receive invoices by post. Each registered Buyer will have access to the invoices made in his or her Personal Section at the Company's web portal. Buyer is obliged to pay the Object of Auction within the due date of the invoice. Once the invoice has been paid, the Mediator will hand over the Object of Auction to the Buyer. The method of acceptance will be specified by the Buyer in a written instruction in advance. The Object of Auction may be accepted in person on the Commercial Premises of the Mediator by the deadlines announced.

Items not sold in an auction may be bought for the asking price + 17 percent commission including VAT.

5. Obstruction of Auction

An auction is obstructed if the price reached by bidding has not been paid. An auction may also be obstructed if an auctioned item has not been accepted. If an auction has been obstructed, the Mediator is entitled to a lump-sum compensation of up to 20 percent of the price of the auctioned Object of Auction and the person who has obstructed the auction by his or her conduct is obliged to pay this lump sum immediately.

C.
Room Auction

Terms and condition of a room auction held to mediate sale and purchase of stamp collecting items and other collectibles between the buyers and the owners of items

1. Definition of Terms

The auction organizer under this part (C) of the General Trading Terms of the Company is Burda Auction, s.r.o., (hereinafter the Auction Organizer or the Mediator), which holds a room auction to mediate sale and purchase of collectibles (Object of Auction).

2. Auction Participant

An auction participant (hereinafter the Participant) may only be a person with legal capacity. Persons who cannot acquire title to Objects of Auction and persons who have been adjudicated bankrupt cannot take part in a room auction. This also applies to persons with respect to whom petition for bankruptcy has been dismissed for lack of property or for persons for whose property a compulsory composition with creditors has been reconfirmed within three years from a bankruptcy being cancelled, dismissed for lack of property or within three years from a repeated composition. The persons who cannot take part in a room auction also include authorised representatives of the auction organiser and members of its supervisory board, the auctioneer, their next of kin, the auction organiser's employees, and any participant of a previous room auction with the same object and by the same organiser who had obstructed such a room auction.

The Participants, their agents, and their agent's representatives must put their names on a list of the room auction participants.

When registering for a room auction, upon the auction organizer's request, a natural person who is a Participant, an agent, an agent's representative, an authorised representative or member of a board of authorised representatives of such entities is obliged to produce a valid proof of identity (identity card, passport, residence permit for the Czech Republic). When registering for a room auction, upon the auction organizer's request or upon the request of a person authorised in writing by the auction organiser, a legal entity that is a Participant, an agent, an agent's representative, an authorised representative of such entities is obliged to produce a copy not older than three months of an entry in the Commercial Register or any such registry in which it is listed. This copy must clearly prove that the person submitting it is authorised to act on behalf of a legal entity including the granting of authorisations and, if this is not the case, the authorisation to act must be proved by relevant documents such as the minutes of a general assembly meeting. The copies of entries in foreign registries and documents proving authorisation to represent (with the exception of the Slovak Republic) must be certified accordingly with an apostille or super-legalization.

3. Representation

A Participant may authorise an agent to represent him/her in the auction using a written power of attorney with officially certified signature. If the Participant is a legal entity, it may be represented by an authorised representative or by a proctor. If the Participant is interested, the agent may be guided by phone or by any other means of communication.

4. How a Room Auction Works

A catalogue is issued for each room auction. Inspections of items are announced in the catalogue and at the Company's web portal. During a room auction, written bids received are processed and published at the Company's web portal (just the current prices, not the highest bids). The results published on a continual base will be last updated two days before the room auction takes place. The auction organiser provides no further information.

Objects of Auction are put up to auction as listed in the catalogue. The asking prices are the minimum prices.

Objects of Auction are sold (a) in person during a room auction, that is by a Participant raising a bidding number, (b) by a written bid sent to the auction organiser, (c) by real-time bidding on the Internet during an auction using a special on-line interface (d) by proxy.

The right to take part in a room auction via on-line access is granted by the auction organizer. The auction organizer reserves the right to turn down a request for on-line access or condition the granting of on-line access by a principal amount being deposited.

The Auction Organiser only accepts written bids and requests for on-line access delivered by the date and time of the auction written bidding deadline.

If, during an auction, a serious technical failure occurs that prevents bids from being made on-line , the organizer reserves the right to discontinue the auction postponing it to a later date announced well ahead.

the auction will continue without the on-line bidders. The on-line bidders take part in an auction at their own risk being aware of the possibility of a technical failure preventing them from bidding

The auctioneer undertakes to make his or her bids in a manner that is optimal for bidders by bidding one step higher than a written bid, on-line bid, or a bid made by a person present in the auction room. A person present in the auction room makes his or her bid by raising a bidding number.

The rules governing the putting in of bids are stipulated in the common provisions of the GTTC under Bidding Rules.

If, despite two calls by the auctioneer, no higher bid is made, the auctioneer repeats once more the last bid price and, after a third call, knocks it down to the highest bidder. The highest bidder is bound by the bid made. In the event of a tie bid, a written bid takes precedence over that made in the auction room in person and that made on-line.

The auctioneer decides about the order in which bids are made and about the highest bid knocked down.

If, even after a repeated call, no lowest bid is made, the Object of Auction in question is deemed not sold.

5. The Price Reached by Bidding and its Payment

The price reached by bidding is the price of the highest bid made and such a price cannot be reduced later on. A Participant is obliged to pay the price reached by bidding (a) within one hour from auction termination if the bidder is present in the auction room, (b) by a money order or transfer into the auction organizer's account or on C.O.D. terms if the bidder's bids have been sent in by post or via on-line access within the due date of the invoice.

Along with every Object of Auction bought, the highest bidder is obliged to pay the auction organizer a commission of 17 per cent of the highest-bid price including VAT (19% commission + 21% VAT of the commission only). In items marked D+, the organizer charges a commission of 19% of the price auctioned + 21% VAT of the price achieved by auctioning increased by the commission..

Items not sold in an auction mat be bought for the asking price + 17 percent commission including VAT.

6. Obstruction of Auction

A room auction is obstructed if the price reached by bidding has not been paid. A room auction may also be obstructed if an auctioned item has not been accepted. If a room auction has been obstructed, the organizer is entitled to a lump-sum compensation of up to 20 percent of the price of the auctioned Object of Auction and the person who has obstructed the auction by his or her conduct is obliged to pay this lump sum to the auction organizer immediately.

7. Accepting Object of Auction

If an Object of Auction is auctioned by a written or on-line bid, the Auction Organiser will send it to the address as specified by the bidder. All the transport costs for the Object of Auction shall be paid by the bidder. The shipping rates are specified in the common part of these GTTC under Flat Shipping Rates.

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