Terms and conditions for auction
1. The auctioneer acts on behalf of and for the account of third parties. The auctioneer is authorised, on behalf of the consignor, to assert all rights arising from the consignor’s instructions and the knockdown. The acceptance of a bid means a contract of sale is concluded between the consignor and the successful bidder. The auctioneer is legally obligated, on the request of the consignor or the buyer, to name the respective other contracting party.
2. The auctioneer reserves the right to combine, separate or withdraw numbers in the catalogue or offer them in a different order to that listed in the catalogue during the auction - all while safeguarding the interests of the consignors.
3. The items put up for auction may be viewed and checked before the auction. No warranty for the catalogue descriptions, which are given to the best of knowledge and belief, is given by the auctioneer in the legal sense - with the exception of what is stipulated in number 12. In the case of accumulations, the information provided does not relate to contractually agreed qualities in terms of purchasing law. The auctioneer also accepts no warranty for individual stamps and their qualities as far as these originate from accumulations. Expressions such as “mint” or “complete” reflect the impression given by random samples but are no warranty however. Any accumulations are only auctioned as they are. In the case of individual lots, the buyer, if he or she is an entrepreneur, may not assert claims against the auctioneer based on material defects if the auctioneer has fulfilled his or her obligations to exercise due diligence. However, in the event of justified complaints he or she is notified of no later than 3 weeks after the auction has ended, the auctioneer shall assert his or her claims for defects against the consignor within a period of 12 months. In the case of a successful claim, he or she shall refund the purchase price to the buyer along with an additional fee; any further claims, including for the reimbursement of inspection and postage expenses or interest, are not possible. Only in the case of a forgery or a falsification shall the auctioneer refund the costs of an certified expert from the BPP (German philatelic experts’ association). Liability for bodily injury and damage to health remains unaffected.
4. The sale goes to the highest bidder after three calls. In justified cases, the auctioneer can refuse to knock down a item or accept a bid under reserve. He or she can withdraw the knockdown and offer the item for sale again if a bid submitted in time has been overlooked or if the highest bidder does not allow his or her bid to stand or should there otherwise be doubt surrounding the bid accepted. In the case of bids accepted under reserve, the bidder shall be bound to his or her bid until the consignor has been conferredwith, and in any case until at least sixweeks have passed; the same applies for the submission of lower bids and for purchases in the post-auction sale.
5. Upon the bid being accepted, the risk of losses or damages that are beyond the auctioneer’s control shall pass to the buyer. Ownership of the auctioned item is only transferred to the buyer once the auctioneer has received full payment.
6. Acceptance of a bid commits the bidder to accepting the item auctioned. The items are to be taken immediately after the auction. If the buyer would like the items to be shipped, he or she must bear the costs of this. In the case that the buyer is an entrepreneur, the risk is passed to the carrier or a person or institute otherwise intended for shipping as soon as the items are handed over. If shipping is not possible or reasonable, due for example to non-fulfillable customs legislation, the auctioneer may, at his or her own discretion, decide not to dispatch but to merely make the auctioned lots available to the buyer for collection. In this case the buyer must collect the auctioned goods or have them collected from the auctioneer at his or her own expense.
7. The auctioneer shall receive a commission from the buyer of 20%of the hammer price plus 2.00 Euro per lot. In the case of bids made in writing, the postage and insurance flat ratewill be charged separately. The legally applicable value added tax at the rate of currently 19%is only charged on additional expenses (additional fees, lot fee, postage etc.) because a purely intermediary service is being provided. Intermediary services are provided to business customers from other EU countries with a VAT no. under the “reverse charge system”, i.e. the commissions, the lot fees and the other costs are not subject to German value added tax. In these cases, the customer is obligated to pay the value added tax on these charges in his or her home country. For intermediary services provided to business customers from a third country, no value added tax is payable if
commercial status can be proven in an appropriate manner. The intermediary services provided to private customers from third countries are exempt from value added tax if proof of export can be furnished. Invoices issued during the auction are only valid subject to a special subsequent inspection for errors.
8. The invoice amount is due upon the bid being accepted and is payable in cash or by certified cheque. Buyers from outside, who submitted their bid in writing or by telephone, are due to pay their invoices within 10 days of receiving them.
9. In the case of delayed payment, interest at an amount of 2% per month shall be charged as damage caused by default. Furthermore, the auctioneer can demand either fulfilment or, after setting a deadline, compensation of damages for non-fulfilment; the compensation of damages can also be charged for through the item being put up for sale again in a new auction and the defaulting buyer having to compensate for a possible shortfall in proceeds compared to the earlier auction along with the special costs of the repeated auction including the fees of the auctioneer.1.In the case of delayed payment, interest at an amount of 2% per month shall be charged as damage caused by default. Furthermore, the auctioneer can demand either fulfilment or, after setting a deadline, compensation of damages for non-fulfilment; the compensation of damages can also be charged for through the item being put up for sale again in a new auction and the defaulting buyer having to compensate for a possible shortfall in proceeds compared to the earlier auction along with the special costs of the repeated auction including the fees of the auctioneer.
10. Written orders to bid and those sent by email will always be executed safeguarding the client’s interests, but without any guarantee. In case of best or highest bids, the auctioneer may bid up to five times the start price. “Bid” lots shall be knocked down at the highest bid and cannot be included in a possible purchase price limitation or bid limitation. Bids on “bid” lots are executed independently in such cases also. Customers who would like to bid by telephone during the auction must offer at least the estimated price and place an order in writing before the auction. If the customer cannot be contacted by telephone, the auctioneer shall execute the order at the estimated price. In the case of telephone bidding, the auctioneer makes no guarantee for the connection being successful.
11. As far as catalogue owners, auction participants and bidders do not state anything to the contrary, they affirm that they will only acquire the catalogue and the articles illustrated therein from the time of the Third Empire for the purpose of the civil enlightenment, prevention of anti-constitutional endeavours, for arts or science, research or instruction, for reporting of proceedings of the present time or of history, or for similar purposes (§§ 86a, 86 of the German Criminal Code (StGB)).
12. The auctioneer guarantees the authenticity of all purchased individual lots of the German classic period up until 1875 to the successful bidder for a period of five years. If the lots are subject to a current inspection carried out by an association expert who is personally liable for his or her inspection, the auctioneer will only be liable to the extent that the expert is liable towards him. The liability is limited to the repayment of the purchase price.
13. The place of fulfilment and legal venue for commercial dealings is Mülheim an der Ruhr. German law shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
14. If one of the preceding conditions should be ineffective in whole or in part, the validity of the remaining conditions shall not be affected by this. The preceding provisions shall also apply mutatis mutandis to the post-auction sale. The provisions relating to distance sales shall not be applied here.
This translation of the "Versteiergungsbediungugnen" is provided for information only; the german version is to be taken as authoritative.
Justified complaints relating to individual lots must have been received by the auctioneer within 14 days of receiving the lots. If you wish for an inspection to be carried out by an certified expert from the BPP (German philatelic experts’ association), the time for submitting a complaint will be extended accordingly until the inspection results have been received. Please let us know if this is the case. An inspection by other experts from outside the BPP shall only be accepted if this has been arranged with us beforehand. In such a case, the strict rule also applies that the lots have to be paid for within the stipulated period.
No complaints will be accepted for accumulations under any circumstances. Written bidders also buy “as seen”. Complaints will also not be accepted for lots that have not been paid for on time.
We will be happy to make copies of individual lots and accumulations for 30 cents per copy (black and white) or 1.20 euro per colour copy (ink print) as well as 1.50 euro postage. Scans sent by email will be free of charge for the first four pages, and 30 cents per page thereafter. Please make the necessary arrangements and enclose the sufficient amount in stamps or banknotes with your copy request. Overpaid amounts will be refunded. We will be willing to provide information over the telephone, although not regarding extensive accumulations, “rummage boxes” and the like. We are also not able to provide any information by telephone for “bid” lots or copy these. As has been the case hitherto, the lots will be sent to clients who we know personally or have first-class references with their invoice enclosed. New clients who cannot provide good references will have to pay up front. The lots will be dispatched as quickly as possible. Purchased lots/advance invoices will normally reach you in the first week following the auction. Please understand therefore that, however much we would like to, we cannot fulfil special postage wishes. Please note that, when there is special cause, we can make delivery of the goods conditional upon bank references being submitted or securities being provided, even for existing customers.
All invoices are payable within three days of receipt. This applies in particular if you have received the lots “against invoice”. Payment can only be made in Euro, and not in a foreign currency or by offsetting the amount in valid postage stamps. Times for payment must be agreed upon beforehand! Overseas clients are asked to not send us any cheques but make a no-fee bank transfer (SEPA).
Inspection reserves on individual lots will be accepted without any problems. Any verifications must be performed by the buyer and for his/her account! In the case of a counterfeit or a falsification, we will refund the costs of a BPP expert. In order to ensure speedy processing, you should make sure that you submit the lots to the expert on our original lot cards.
IBAN: DE05 3601 0043 0506 6444 32
SWIFT-BIC: PBNK DE FF
IBAN: DE57 3602 0030 0000 9055 77
SWIFT-BIC: NBAG DE 3 E
IBAN: DE10 3625 0000 0352 0068 07
SWIFT-BIC: SPMH DE 3EXXX
IBAN: DE66 3628 0071 0324 3850 00
Forwarding expenses do not just include the usual postal charges, but also additional services such as packaging (envelopes, cardboard boxes etc.), the time spent on packaging as well as the private insurance of the postal item. Because of the software we use, the minimum forwarding expenses are 5.13 euro for individual lots and 7.50 euro for accumulations (statistic average value of postage expenses). Please bear this in mind in the case of smaller lots. Please understand that a large number of lots, including individual lots, are sent by parcel post in order to keep the costs of insurance and postage within bearable limits.
We must receive written orders by Thursday 5th February 2015 at the latest (faxes and emails by 18:00 hrs). Any bids that get to us later can unfortunately only be considered for the post-auction sale. We always carry out bidding in strict safeguarding of the client’s interests. You will receive the lots at the call price if there are no counterbidders, or otherwise at one increment above the next lowest bid. Guaranteed! “Gebot” lots (lots without a fixed starting price) are knocked down at the highest bid. These lots should always be inspected. Unrealistic bids just cause unnecessary work for you and us. Orders cannot be cancelled once they have been submitted. Lower bids will only be accepted up to 10% below the call price.
Experience has shown that the demand for lots of certain price categories (up to approx. 250 euro) of popular countries is very high and while such many lots receive a high number of bids, yet they can only be sold once.We recommend the following procedure: Please bid for as many lots as possible and limit the purchase price. You can also submit alternative bids, specify the sequence etc. This will increase your chances tremendously! Keeping to a precise sequence and taking exact consideration of any limit bid is not always possible due to the information being collected prior to the auction. Also, “Gebot” lots (lots without a fixed starting price) cannot be included in the total limit.
We will be happy to send lots on approval if the costs are reimbursed. If you are a new customer, please send us some references. Lots sent on approval must be returned within 24 hours of receipt. Please ensure you return the lots as quickly as possible since other interested parties will often also ask to be sent the lots on approval. Our postage expenses must be refunded with the return in enclosed valid german stamps. Please do not transfer the amount. Please make sure to comply with this procedure. A special service we offer you is to have our computer program scan all lots of this auction for your keyword e.g. “registered mail”, “Munich” etc. All you need to do is send us the keyword and a stamped self-addressed envelope.
We would like to request consignments for our next auction now. Please see our “consignments” brochure for conditions and further information. We will readily send you this brochure free of charge and without obligation. Mr. Rauhut will also gladly give you any desired information by telephone or in person. In the light of recent events, we would like to please ask for no lots under an individual call price of 100 euro to be consigned. Unfortunately, we can only accept lots under a call price of 100 euro as part of larger consignments (call price of approx. 3,000 euro). We will be happy to visit you in person. The auction on Friday 06.02.2015 will take place at Reichspräsidentenstrasse 21-25. The auction on Saturday 07.02.2015 will take place in “Haus Dimbeck”, Dimbeck 31, 45470 Mülheim. The lots will be handed over in Reichspräsidentenstrasse as well as at Werdener Weg 44. The bidder cards will be issued and accounts settled in the Dimbeck building. Please come with some time on your hands. After the auction session has finished, there may be short waiting times of up to half an hour. Our office is closed on the Monday and Tuesday following the auction due to dispatching work. We will only be able to provide information on knockdowns or unsold lots as of Wednesday 11th February 2015. Collecting lots etc. will only be possible starting from Tuesday 17.02.2015. Viewing unsold lots without prior arrangement will only be possible from Tuesday to Thursday 17th - 19th Februar 2015. The bidders of the last Rauhut & Kruschel auction will receive a list of results, otherwise please request one f rom us refunding postage of 0.60 euro. The results will be available on our homepage as of the Monday following the auction. Please note that we can only begin selling unsold lots once the goods sold at the auction have been completely dispatched. We would like to thank you in advance for taking part in the auction and hope you enjoy looking through the auction catalogue. ×