Terms of Sale

Auction conditions Berliner Auktionshaus für Geschichte GmbH & Co.KG

hereinafter referred to as “Berliner Auktionshaus”:

1 Content:

2 General Provisions

2.1 Scope

2.2 Appropriate application

2.3 Distance selling

2.4 Authorization of the auctioneer

2.5 Choice of law

2.6 Place of jurisdiction / place of performance

2.7 Exclusion of certain people

3 catalog

3.1 Catalog descriptions

3.2 Price information

4 sightseeing

4.1 Sightseeing options

4.2 Testing properties

5 auction

5.1 Call

5.2 Go

5.3 Commandments

5.3.1 Commandments of those present

5.3.2 Written commandments

5.3.3 Telephone bids

5.3.4 Internet Bidding

5.3.5 Withdrawal of bids

5.3.6 Rejection

5.3.7 Liability

5.3.8 Underbids

6 surcharge

6.1 Grant

6.2 Denial

6.3 Surcharge subject to change

6.4 equal bids

6.5 Recall

6.6 Effect of the surcharge

6.7 Person of the bidder

6.8 Free sale

7 Purchase price payment

7.1 Composition

7.2 Due date

7.3 Payment

7.4 Reimbursement of VAT

7.5 Auctioneer’s right of retention

7.6 Retention of title

7.7 Offsetting/right of retention of the successful bidder

7.8 Late payment/refusal to accept delivery

8 Acceptance Transfer of Risk Storage Shipping

8.1 Acceptance

8.2 Transfer of risk

8.3 Shipping

9 Warranty / Liability /

9.1 General

9.2 Warranty at auction as representative of the consignor (normal case)

9.3 Warranty as a commission agent

9.4 other liability

9.5 Reversal in special cases

10 Auction of items that contain license plates within the meaning of Section 86a StGB

11 Weapons Act



————————————————————————————————-



2 General Provisions

2.1 Scope

These auction conditions apply to the viewing, the auction including subsequent sales and the processing of the agreement concluded through the auction by “Berliner Auktionshaus” including its reversal.

2.2 Appropriate application

To the extent that “Berliner Auktionshaus” operates auctions electronically (online auction) or sells goods privately, these General Terms and Conditions apply accordingly, unless “Special Terms and Conditions” (BVB-Online, BVB-Sales) stipulate otherwise.

2.3 Distance selling

The provisions regarding distance selling contracts

§ 312d(4), 5 (§156) BGB must be observed.

2.4 Authorization of the auctioneer

Berliner Auktionshaus” offers (in the absence of an express declaration to the contrary)

the auction items offered on the basis of the orders placed by the consignor as part of the auction carried out by it in the name and for the account of the consignor.

“Berliner Auktionshaus” is authorized by the consignor to make all declarations or take actions on behalf of the consignor as their representative that are necessary for or related to the transfer of ownership and/or handover to the bidder. BAfhG is equally authorized to collect claims from consignors and, if necessary, to assert them in court.

There is no right to name the client/consignor, unless this is expressly provided for in the General Terms and Conditions.

2.5 Choice of law

All legal relationships to which these General Terms and Conditions apply are subject exclusively to German law, excluding international private law and international sales law, unless more compelling law conflicts with this.



2.6 Place of jurisdiction / place of performance

If the bidder is a merchant or a legal entity under public law or a special fund under public law, the place of jurisdiction and place of performance is the registered office of “Berliner Auktionshaus”, currently Berlin. In active proceedings, “Berliner Auktionshaus” may choose a permissible place of jurisdiction that deviates from this.



2.7. Exclusion of certain people



The auctioneer reserves the right to exclude people from the auction without giving reasons, especially those who trade, exchange, appear disruptively during the auction or who are in default of acceptance or payment.

The same applies to the lack of a necessary registration, which is a prerequisite for using our electronic auction platform.



3 descriptions



3.1 Descriptions





The descriptions are created to the best of our knowledge and belief. They serve to individualize the object description of the items to be auctioned. The descriptions do not contain any guarantee of quality within the meaning of Section 443 of the German Civil Code (BGB), unless such a guarantee is expressly stated. This also applies if an expert opinion is attached to the description or reference is made to one. Unless otherwise stated, guarantee declarations are only made in the name of the consignor. Catalog descriptions are not quality information. It is the bidder’s responsibility to inspect the items offered in detail and to check their condition. The items put up for auction are generally used.



3.2 Price information



The prices in EUR stated in the catalog are minimum prices.



4 sightseeing



4.1 Sightseeing options



All auction items can be inspected in detail before the auction or before ordering in the offices of the “Berliner Auktionshaus” at the designated times.



4.2 Testing properties



In addition to the inspection, inspections of the condition through inspection shipments are possible by arrangement and against a security deposit.



5 auction

5.1 Call

After the individual auction lot has been called up and the auctioneer has stated the amount for the first bid (minimum bid), the auction begins with bids being submitted by those present, telephone bidders and possibly live bidders via the Internet.

5.2 Go

The auction takes place in the order of the catalog numbers. However, “Berliner Auktionshaus” is entitled to combine, separate, withdraw or call up lots out of order.

5.3 Commandments

Bids are made in German and in euros.

5.3.1 Bids from those present and internet live bidders

A bid is validly submitted when it comes to the attention of the auctioneer. An overbid that is submitted at the same time as or after the acceptance of the bid will remain unconsidered.

5.3.2 Written commandments

Written bids will be executed conscientiously by “Berliner Auktionshaus”, but without guarantee. It undertakes to use only one increase level above the next bid below (approx. 5-10%). In case of doubt, bids such as “or” and “maximum” (for several lots) are not taken into account.

Written bids may be ignored by the auctioneer if they are not received by the auctioneer the day before the start of the auction.



5.3.3 Telephone bids

Telephone bidding is only possible after prior written registration, with an individual bid amount of at least EUR 100 and automatically means bidding at the limit price.

No liability is assumed for the establishment of the telephone connection or for incorrect telephone information of any kind.



5.3.4 Live Internet Bidding

Live bidding over the Internet is only possible after prior registration with the respective provider and activation by “Berliner Auktionshaus” and automatically means bidding at the limit price. There is no guarantee that the internet connection will be established.

5.3.5 Withdrawal of bids

For the withdrawal of bid orders that have already been placed, a flat-rate processing fee of EUR 30 net per lot will be charged, provided the withdrawal is later than

5 working days before the auction. In general, this requires the written form.

5.3.6 Rejection

The auctioneer may reject bids without giving reasons. A bidder remains bound to his bid if a subsequent higher bid is ineffective or is rejected by the auctioneer.



5.3.7 Liability



Due to the large number of bids, input errors can occur, so that a bidder may not be able to win an item he has bid for. In such cases, we generally exclude claims for damages.



5.3.8 Underbids

Underbids will be increased upon call!



6 surcharge

6.1 Grant

The contract is awarded against the highest bid and is awarded if no higher bid is submitted after three calls.

6.2 Denial

“Berliner Auktionshaus” can refuse the hammer in justified cases, in particular if the minimum price has not been reached or if the bidder from another auction of the “Berliner Auktionshaus” is in default of payment or he does not provide an agreed security or cannot offer sufficient references.

6.3 Surcharge subject to change

Berliner Auktionshaus” can award the contract subject to reservation. The surcharge can be reserved in particular under the condition of the consignor’s consent, the non-immediate payment of the purchase price or part thereof and/or without the existence or deposit of sufficient purchase price security. The surcharge can also be reserved provided there is no written declaration or no proof that the auctioned items, which fall or at least may fall under Section 86a StGB, will be used exclusively for the permissible purposes mentioned under 10.

If the auctioneer accepts the bid with reservations, the bidder remains bound to his bid for a period of four weeks after the knockdown. Acceptance takes place when the auctioneer’s declaration of acceptance is sent to the address specified by the bidder. If the deadline expires without a declaration of acceptance, the knockdown becomes invalid and the auctioneer can call up the lot again.

In case of doubt, “Berliner Auktionshaus” can ultimately refuse the bid and call up the lot again. The bids submitted up to that point binding until this point in time.

6.4 Equal bids

If the distance bid is the same, the time of actual receipt decides. If several people submit an identical offer at the same time, the lottery decides.

6.5 Recall

Disagreements about the highest bid or reasonable doubts about the acceptance of the bid will be resolved by calling up the lot again. This also applies if a timely bid was accidentally overlooked. The auctioneer can ignore objections to the knockdown if they are not raised immediately after the knockdown. With the renewed call, a contract that has already been awarded expires.

6.6 Effect of the surcharge

When the bid is accepted, the contract between the consignor and the bidder is concluded. The presence of both parties when the contract is awarded is irrelevant. The auction protocol is decisive for the hammer price.



6.7 Person of the bidder

The bidder is obliged to provide the auctioneer with his name and address and, if necessary, to provide evidence of this. The auctioneer is entitled to store this data for the purpose of processing the contract resulting from the winning bid and, if necessary, to communicate it to the consignor.

6.8 Free sale after the auction

All offers for free lots are subject to acceptance errors. Invoicing does not automatically mean availability of the invoiced object. Any free sale after the auction is subject to prior sale at the auction house. Claims for release cannot be made.



7 Purchase price payment

By winning the bid, the buyer undertakes to pay the purchase price to the “Berliner Auktionshaus” as the consignor’s representative.

7.1 Composition

The purchase price consists of the hammer price and the premium of 20%. In addition, additional fees may apply for storage, shipping and insurance.

If the auction is held in the name of the consignor, the bidder must also pay the applicable VAT on the buyer’s premium. Foreign deliveries are exempt from VAT under certain conditions. As soon as these are met and proof of export is provided on time, the VAT paid will be refunded. The “Berliner Auktionshaus” is entitled to demand additional VAT that has not been collected if the tax authorities do not recognize the reduced tax rate.

7.2 Due date

The total price is due immediately upon bids from those present.

If written and permissible telephone bids are accepted, the total price is due 8 days after the invoice has been sent to the address provided by the winning bidder without any further costs.

The longest payment deadline is 1 calendar month after the corresponding auction.

Berliner Auktionshaus” may charge a fee for this.

7.3 Payment



You have the following options to pay for the lots you have purchased from us:



1. Bar on site



2. Transfer



Payee: Berliner Auktionshaus für Geschichte GmbH & Co. KG



Purpose: customer number, invoice number



Bank details: Postbank Berlin

Account holder: Berliner Auktionshaus GmbH & Co. KG



IBAN: DE19 1001 0010 0050 3101 33



BIC: PBNKDEFXXX



Fees:

Please make the transfer free of charge for the payee. Within the EU it is best to use a SEPA transfer.



3. Credit card



We accept Visa, Mastercard, American Express



Please send or fax us a copy of the credit card along with the following information:



Cardholder name, credit card number, expiration date and card security number CVC



Signed authorization to charge your credit card



Fees: VISA, Mastercard, AMEX: 5% of the invoice amount



4. PayPal



PayPal address: [email protected]



Fees: 5% of the invoice amount



7.4 Reimbursement of VAT

EC residents who export auction items they have purchased abroad will receive a refund of the VAT they have paid if they present the German customs export certificate within two weeks. If the auctioneer sends the auction items abroad, proof of export is not relevant if the auctioneer’s VAT number was stated when the shipping order was placed.

7.5 Auctioneer’s right of retention

The release or delivery, even if the bid is accepted in response to written bids, will only take place after the total price requirement has been met in full.

7.6 Retention of title

If an item is released before the total price requirement has been met, the transfer of ownership is subject to the suspensive condition of full fulfillment of the total price requirement. The bidder is not entitled to resell the goods or make any changes to them until then.

7.7 Offsetting/right of retention of the successful bidder



The bidder can only appeal against the demand for payment of the total price offset against undisputed or legally established claims or assert a right of retention due to such claims.7.8 Late payment/refusal to accept

If payment is made later than 8 days after the invoice is issued, “Berliner Auktionshaus” is entitled to charge financing costs of at least 5% of the hammer price. If the bidder refuses acceptance or does not pay within a further 14 days after a one-time reminder (reminder fee of €5), “Berliner Auktionshaus” can either assert its rights through debt collection companies, lawyers or a direct reminder or revoke the bid and sell the items freely or auction again. The auctioneer’s rights expire and he is liable for any shortfall in proceeds and the resulting disadvantages for the consignor and the auctioneer, in particular for the total commission lost as a result and all costs in this context.

The successful bidder is not entitled to any additional proceeds.

8 Acceptance Transfer of Risk Storage Shipping

8.1 Acceptance

Upon acceptance of the bid, the bidder is obliged to immediately accept the auction item. The auctioneer can specify different collection times in the catalog or in the auction date.

8.2 Transfer of risk

With the acceptance of the bid, the risk of accidental loss and loss as well as accidental deterioration or damage to the auction item passes to the bidder.

8.3.1 Shipping

8.3 Storage, dismantling, assembly and shipping are carried out at the bidder’s expense and risk. The auctioneer is only liable for damage caused intentionally and culpably. Freight forwarders and comparable companies are not vicarious agents of the auctioneer. Damage to received shipments must be reported to the auctioneer within 3 days, regardless of whether it is hidden or overt. According to AdSB, freight forwarders are only liable for complaints within this time.



Shipping is generally carried out as an insured package. Minimum shipping fee within Germany is €15 (Europe from €25/Overseas from €50), regardless of the value or weight of each registered shipment!



The buyer bears all shipping costs and also the shipping risk.



Shipping paintings/sabers and swords and other bulky items

from 25 € shipping costs within Germany



Our calculations are based on empirical values and consist of shipping and packaging costs.



Other forms of shipping cannot be adequately insured by post. The following variants are possible:

Self-collection, insured shipping, commissioning a shipping company at the buyer’s expense or taking out individual shipping insurance at the buyer’s expense.

The same applies to domestic shipments: postage and insurance costs for valuable, bulky or fragile goods are calculated individually and can also be requested later.



DELIVERY TIMES



Germany: approx. 1 – 7 days



Europe: approx. 3 – 10 days



All other countries: approx. 3 – 14 days



We ask our customers from Berlin and the surrounding area to pick up their items during our opening hours.



9 Warranty / Liability

9.1 General

All items up for auction are used. They are auctioned in the condition in which they are at the time of acceptance, with no guarantee for obvious or hidden defects or the existence of the conditions described in the catalog. Books and albums, for example, have not been checked for completeness; normal signs of use, comments or deletions are not mentioned in the catalog or when called up.

Material properties are described based on visual inspection and experience.

In principle, only non-destructive testing methods are used (e.g. optical/UV/magnetic).

As a rule, objects are not disassembled.

Every bidder is free to have objects examined non-destructively (e.g. X-ray/microscope) before the auction at their own expense and after consultation with the “Berliner Auktionshaus” and the respective consignor.

9.2 Warranty at auction as representative of the consignor (normal case)

The auction items are auctioned in the name of the consignor. “Berliner Auktionshaus” itself assumes no liability for the quality of items. It undertakes to submit any complaints about defects to the consignor within the statutory warranty periods after the contract has been awarded without reservation.

9.3 Warranty as a commission agent

Berliner Auktionshaus” is only liable for defects in cases of culpable breach of its own duty of care; Liability is excluded if “Berliner Auktionshaus” did not recognize the error due to slight negligence. The warranty claims in this context are limited to claims from §§ 437 No. 3, 311a BGB.

9.4 other liability

Damages resulting from misunderstandings or transmission errors between the costs incurred by the “Berliner Auktionshaus” and the buyer are at the expense of the successful bidder. “Berliner Auktionshaus” is only liable to third parties for intentional or grossly negligent breaches of duty and beyond that only within the framework of the auction insurance taken out. The conditions for securing, storage and shipping required by the insurance are adhered to by “Berliner Auktionshaus”. In the event of loss, destruction, etc. will be reimbursed at most up to the limit according to the catalog, less the agreed commission.



9.5. Reversal in special cases



If a buyer can prove within four weeks of the auction date that essential information about the auctioned item is incorrect, we will refund the purchase price against return.

After this period has expired, the auctioneer is still entitled (not obliged) to reverse the purchase contract on behalf of the consignor up to three years after the auction and to refund the purchase price to the buyer against return. If crucial information was incorrect in essential respects, this can generally only be done with the consent of the consignor.

If the auction proceeds have already been paid out to him, the consignor must make the amount paid out to him available to the auctioneer again for reversal. If the auctioneer intends to cancel the purchase contract due to a complaint, he will inform the consignor of this. Sending the goods to the last known address of the auctioneer is sufficient.



If the consignor objects to a reversal within two weeks of being informed, a reversal is not possible in this way. In this case, the buyer must take legal action to make his request known.



10 Auction of items that contain license plates within the meaning of Section 86a StGB

As long as the consignor and bidder/buyer do not express themselves to the contrary, they assure that they can only use the catalog and the items offered therein, which relate to the period from 1933 to 1945 and fall or can fall under Sections 86, 86a StGB, for the purposes specified in § 86 Para. 3 StGB for specific purposes (civic education, defense against unconstitutional and anti-constitutional efforts, scientific and art historical research, education and reporting on current events or military history and uniform research). The seller only offers the items mentioned in the catalog under these conditions. By bidding, the bidder undertakes to purchase the items only for the reasons mentioned above and not to use them for propaganda purposes in any way, especially within the meaning of Section 86a of the German Criminal Code.

The auctioneer is entitled, without giving reasons, not to bring auction items that fall or may fall under Sections 86 and 86a of the German Criminal Code (StGB) to auction and to refuse the bid to a bidder if the bidder does not guarantee that these items meet the requirements set out in Section 86 Para. 3 StGB serve the purposes mentioned.



11 The following applies to the auction of firearms and/or ammunition that do not require a permit, as well as other weapons:

Only available to people over the age of 18!

As of: November 2023