69. Gert Müller Auction
Terms and Conditions for Auctions
Auctions are voluntary and public. The auctioneer acts in the name of a third party and for a third-partyaccount. The auctioneer is empowered to enforce the rights of the seller fromhis order and the acceptance of a bid in the name of the seller. With theacceptance of a bid, a purchase agreement is concluded between the seller and the bidder.
The auctioneer reserves theright to combine or separate catalog numbers as well as to offer them externallyto the sequence or separate them from it during the auction while safeguardingthe interests of the seller.
The items to be auctioned canbe viewed and inspected before the auction. The auctioneer does not provide anyguarantees in a legal sense for catalog descriptions made according to goodfaith and fair dealing. The information about them for collective lots does notrefer to a contractually agreed-upon property in terms of lawful purchasing, and consequently complaints are excluded. For single lots, the purchaser – if he is an entrepreneur – cannot fault the auctioneer due to material defects if the latter has fulfilled his responsibility to take due care. However, the auctioneer shall assert his claims for defects against the seller if there are well-founded complaints, which are announced to him at the latest three weeks after the auction closing, within a period of 12 (twelve) months. In the case of a successful claim, he shall reimburse the purchase price to the purchaser, including surcharge as well as inspection and postage expenses. A more far-reaching claim is excluded.
Gert Müller GmbH & CoKG accepts no liability for any defect of the goods. Warranty claims are directed exclusively to the consignor. The catalog information is no guarantee according to §443 BGB.
The auction listings are used and can be viewed before the auction. The motor vehicles will be sold as collector items and not as means of transport. Buyers must particulary note, that spare parts may have been buit in to the vehicles. Furthermore the paintwork could have been renewed and that the vehicles could contain parts from other vehicles.
Gert Müller GmbH &CoKG relies on information from the consignor and experts on age, condition and authenticity and does not perform their own inspections on vehicles.
The highest bid wins the bidafter three calls for another bid. The auctioneer can reject a bid in justifiedcases or accept it with reservation. He can cancel acceptance of a bid andagain auction the item if a bid submitted on time is overseen or if the highestbidder does not want to exercise his bid acceptance or otherwise doubts concerning the acceptance of a bid exist. The increase amounts are between 5% and 10% of the opening bid or according to the currently submitted bid depending on the circumstances. The auktioneer has got the right to differ from this.
The danger of risks of loss ordamage of the item shall pass to the buyer with the acceptance of the bid. Theownership of the auctioned item shall only transfer the auctioned item aftercomplete payment receipt by the auctioneer.
The auctioneer shall providethe name and address of the seller or bidder to the other respective party onrequest.
The European Commission provides a platform for online dispute resolution (OS). You can find the platform under http://ec.europa.eu/consumers/odr/.
The acceptance of bid obligatesacceptance. Possession of the items is to be taken immediately after theauction. If the buyer wants shipment, the costs and risks are incurred by him.
The auctioneer shall receive acommission of 20% of the bid price as well as € 2.– per lot. When shipping the auction lots, the postage and insurance costs will be charged. The legallyapplicable value added tax of currently 19% shall be added to the commissionand incidental costs (surcharge, lot fee, postage, insurance, etc.) only. The legal VAT is not charged on goods shipped to countries outside of the EU if the corresponding export certificate is submitted. The procurement services for customers from the EU, no German value added tax is charged under application of the reverse- charge mechanism if it concerns company customers and these customers can prove their identity as a business enterprise via submission of their national VAT ID number with the bid. For lots that are marked at the end of the description with (X), subject to additional import costs by 7% (import expenses) of the bid. These come from consignors outside the EU.
There is no value added taxadded to the commission and incidental costs in the case of individual piecesof investment gold or lots, which only contain investment gold.
The invoiced amount is due withacceptance of the bid and payable in cash or by a certified bank check.Payments of buyers not present, who bid in writing or on the phone, are duewithin 10 (ten) days after the invoice date.
In case of delay in payment,interest in the amount of 2% per month shall be charged as damage due to delayin performance. In addition, the auctioneer can optionally demand partialfulfillment or claim for damages after setting a grace period due tonon-fulfillment; the claim for damages can be calculated in that the item is auctioned again in a new auction and the defaulting buyer is responsible for a possibly lower price compared to the previous auction and for the special costs of a renewed auction, including the fees of the auctioneer.
Written purchase bids arehandled with strict observance of interests. The best or highest bids remain inthe bidding until the fifth call. “Bid" lots are awarded to the highestbid. Customers, who want to bid by telephone during the auction, must registerin writing before the auction. In the case of inability to reach the person, the auctioneer will execute the order at the estimated price. The auctioneer does not provide any guarantee for establishment of telephone connections.
As long as catalog owner,auction participants and bidders do not state anything to the contrary, theyassure that the catalog and the items depicted in it from the time of the ThirdReich are only purchased for purposes of civic instruction, defending againstunconstitutional endeavors, art or science, research or teaching, reporting about historical events or similar purposes (Subsection 86a, 86 of the Penal Code). Gert Müller GmbH & Co. KG and seller only auction and surrender these items under these prerequisites.
Place of performance and legalvenue for the business transaction is Ettlingen. German law shall be in effect.The United Nation's Convention concerning International Sale of Goods (CISG) isnot applicable.
Should one or more of theprovisions above be or become wholly or partially ineffective or inapplicable,the validity of the others shall not be affected by this. The provisions aboveapply by analogy to after sales. The provisions concerning after sales indistance selling do not apply.
This translation of the “AllgemeinenVersteigerungsbedingungen” is provided for information only; the German text isto be taken as authoritative.
Information for Online Disputes"Online Dispute Resolution" (ODR platform by EU regulation)
Link to EU online dispute resolution (splatform)
Information according to Paragraph. 14 of EU Regulation no. 524/2013 (ODR Regulation)
Information for online dispute resolution: The European Commission presents from 15.02.2016 an Internet platform for online dispute settlement (so-called "ODR platform") as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising from online contracts on goods or services used.
The EU Commission OS platform can be accessed at the link: http://ec.europa.eu/consumers/odr
We can be reached via e-mail address: firstname.lastname@example.org
Gert Müller GmbH & Co. KG
Internationale Briefmarken- und Münzauktionen
Telefon 07243 56174-0
Telefax 07243 56174-29
Persönlich haftende Gesellschafterin:
Briefmarkenhaus Verwaltungs GmbH
Holger Thull ×