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Auktionshaus Pfandleihhaus Presse Ergebnisliste/Restanten Archiv ab Kat 103 Bilderservice Impressum/Disclaimer foreign customers

Auktions- & Pfandleihhaus exclusive GmbH – hereinafter Vendue Master – conducts auctions, except for own goods, in the name and for the account of its principals – hereinafter Seller/Consignor and/or Possessor, Owner – in the order of the catalogue range. The auction goods – hereinafter Auction Exhibits – are marked according to a batch numbering process. The Vendue Master engages auctioneers to conduct the auctions. The Vendue Master, the Seller/Consignor, the bidder – hereinafter Bidder – and the purchaser – hereinafter Successful Bidder – are subject to the following auction terms and conditions:

1.Under consideration of section 6 of these Auction Terms and Conditions, the Successful Bidder may be informed of the Seller/Consignor’s address and the Seller/Consignor may be informed of the Successful Bidder’s address at any time.

2.The Vendue Master reserves the right to withdraw, separate, and auction batch numbers out of order, to exclude specific individuals from the auction and to reject written bids.

3.Inspection and testing shall be made before the auction; place and time shall be specified in the catalogue. The Auction Exhibits shall be auctioned as inspected. The Auction Exhibits shall be deemed described in the catalogue to the best of one‘s knowledge and belief, in part by consulting relevant literature. The bid price shall constitute a subjective evaluation. The catalogue details shall not be guarantee details acc. to Section 443 German Civil Code (BGB). Any liability of the Vendue Master for errors in the Auction Exhibits shall be excluded. Unless explicitly specified otherwise, functioning of the Auction Exhibits has not been tested. Transformers and switching devices do not comply with the current VDE regulations. They shall thus only be offered for collecting purposes, with any liability being excluded. The Auction Exhibits are used. The “mint condition” catalogue detail shall relate to the optical condition. Unless indicated otherwise, Steiff animals shall always be without button, tag and banner. In principle, mixed lots cannot be exchanged. In case of larger mixed lots with more than ten items, the quantity indications shall be specified in “approx.” and their condition shall only be spot-checked.

4.Unless stated otherwise by the Seller/Consignor and Bidder/Successful Bidder, they shall assure that they shall alienate and acquire the catalogue and the objects offered therein, which relate to the period from 1933 to 1945 and shall or may be subject to Sections 86, 86a German Criminal Code (StGB), only for the purposes defined in Section 86 Para. 3 StGB. These shall include: civil education, aversion of unconstitutional and anticonstitutional movements, scientific and art historical research, education and reporting about current events or military history and uniform research. The Seller/Consignor and the Vendue Master shall offer the Auction Exhibits specified in the catalogue only on these conditions. By submitting a bid, the Bidder/Successful Bidder undertakes to acquire the Auction Exhibits only for the reasons referred to above and to not use them in any propagandistic manner, especially within the meaning of Section 86a StGB. The Vendue Master shall be entitled to not put for auction any Auction Exhibits that are or may be subject to Sections 86 and 86a without giving reasons and to refuse to accept the bid of any Bidder if the latter does not provide any warranty for ensuring that the Auction Exhibits serve the purposes specified in Section 86 Para. 3 StGB.

5.As obligor according to the Money Laundering Act (GwG), the Vendue Master must observe the due diligence obligations under the Money Laundering Act. If any business relationship is established, this shall include the determination and verification of the Seller’s/Consignor’s and Successful Bidder’s and/or economic beneficiary’s identity by gathering information (name, address, date of birth, place of birth and nationality) for any high-value Auction Exhibits worth EUR 10,000.00 or more that are paid in cash. This is a normal process that the Vendue Master is obliged to follow and to which the Seller/Consignor and the Successful Bidder are obliged to contribute.
In the course of such identification, the Vendue Master must have available a copy of the Seller’s/Consignor’s and Successful Bidder’s valid ID card. For legal entities, a commercial register extract and a list of shareholders are required to identify the economic beneficiary.
The Vendue Master shall point out that it is obliged to retain the collected data for at least 5 years.

6.The personal data specified in the purchase order, pre-inspection list, catalogue order and ad placement forms and other agreements, especially name, address, phone number, bank details, which are solely necessary and required to implement the established contractual relationship between the Vendue Master and the Seller/Consignor, Bidder and Successful Bidder, shall be collected based on statutory entitlements.
Any further use of the personal data and the collection of additional information shall regularly require the Seller’s/Consignor’s, Bidder’s and Successful Bidder’s approval.
The Vendue Master, the Seller/Consignor, the Bidder and the Successful Bidder undertake to maintain silence about experiences, observations as well as business and trade secrets entrusted or otherwise becoming known to them as a result of the contractual relationship as well as about the content of the agreements itself. Furthermore, the Vendue Master undertakes to comply with the regulations according to Section 5 of the Federal Data Protection Act (BDSG). The Vendue Master points out that according to this act, personal data especially protected thereunder will be neither collected, processed or used nor disclosed to unauthorised persons (Confidentiality).

7.Bids must be placed in writing or orally in euros. Written bids must have been submitted one day before the auction at the latest. If Bidders submit the bids with batch number and text, the batch number shall be decisive in all cases. The Vendue Master cannot accept any complaints based on the indication of incorrect batch numbers. The Vendue Master may reject any unknown Bidders if no securities have been submitted. The minimum increase shall be approx. 10%. The Vendue Master may accept or define other increase rates. The prices specified in the catalogue shall be minimum prices (any lower bids cannot be taken into account). Following payment and passing of ownership, safekeeping shall be at the Successful Bidder’s expense and risk.

8.A bid shall be accepted if no higher bid is made after said bid was called three times. Any objections must be asserted immediately; in this case, a new call-out shall be made. In case of several equivalent bids, the bid of the Bidder having made his/her bid first shall be accepted. At this time, the Bidder shall become the Successful Bidder. Upon acceptance, a purchase agreement shall come into effect between the Seller/Consignor, who shall be represented by the Vendue Master, and the Successful Bidder, whose bid was accepted. Telephone Bidders shall be called before the desired item is called up, provided that a written bid has been made for said item. The Vendue Master shall not assume any guarantee for ensuring that the telephone connection can be established. Dispatch shall be made by DHL parcel at the Successful Bidder’s risk.

9.Acceptance of a bid shall oblige the Successful Bidder to accept the item. Upon acceptance of the bid, risk regarding the auctioned Auction Exhibits shall directly pass to the Successful Bidder; the Successful Bidder shall be responsible for taking out corresponding insurance against any risks of loss, theft, damage to or destruction of the relevant Auction Exhibits.

10.Ownership shall remain with the Seller/Consignor until the purchase price has been paid in full. Any claim to surrender shall exist only after payment. Until payment and transfer of ownership, safekeeping shall be at the Successful Bidder’s expense and risk.

11.Present Successful Bidders must pay the hammer price due upon acceptance of the bid, any surcharge and VAT on the auction day to the Vendue Master or to an agent either in cash or using a German EC card. Remote Successful Bidders shall receive an invoice for the hammer price due upon acceptance of the bid, any surcharge and VAT which must be settled by them within the time limit indicated therein. The invoice shall be dispatched per post following the auction. If the Successful Bidder’s e-mail address is available to the Vendue Master, however, the Vendue Master shall send the invoice by e-mail to the Successful Bidder. Unless the Successful Bidder explicitly contradicts the Vendue Master, the Vendue Master shall proceed on the assumption that the Successful Bidder has given his/her consent. Dispatch shall be effected after receipt of payment and at the Successful Bidder’s expense. Postage and packaging costs shall be calculated based on the amount of the hammer price total. On the national territory: value of up to EUR 500.00: EUR 10.00; value of up to EUR 2,500.00: EUR 15.00; value of up to EUR 5,000.00: EUR 20.00; value of up to EUR 10,000.00: EUR 25.00 and up to a max. value of EUR 15,000.00: EUR 30.00. Our charges for other European countries: value of up to EUR 500.00: EUR 20.00; value of up to EUR 2,500.00: EUR 25.00; value of up to 5,000.00: EUR 30.00; value of up to 10,000.00: EUR 35.00 and for a max. value of EUR 15,000.00: EUR 40.00. For overseas: value of up to EUR 500.00: EUR 50.00; value of up to EUR 2,500.00: EUR 60.00; value of up to EUR 5,000.00: EUR 70.00; value of up to EUR 10,000.00: EUR 80.00 and up to a max. value of EUR 15,000.00: EUR 90.00. This shall relate to one parcel. If several parcels are dispatched, each further parcel shall be invoiced. Parcels containing bulky goods shall be charged according to the actual costs for packaging expenditure, material and dispatch. In this case, a separate invoice shall be handed in later. If the Successful Bidder requests any additional insurance, this shall be at the Successful Bidder’s expense. Postage and packaging costs shall only apply to parcels for the dispatch services contractually bound to the Vendue Master.

12.Successful Bidders having ticked off that they will collect their Auction Exhibits from the Vendue Master’s or Successful Bidders whose bid was accepted for any lots only destined for self-collectors must have collected the Auction Exhibits from the Vendue Master’s within four weeks; otherwise, storage costs of EUR 30.00 per month shall become due.

13.A surcharge of 19% plus statutory VAT (22.61% in total) shall be charged on the hammer price; in case of written Successful Bidders, a surcharge of 19% of the hammer price and EUR 1.00 per Auction Exhibit. The VAT to be paid for the commission and incidental expenses shall be invoiced separately. Invoicing during the auction shall be immediately rechecked due to overworking.

14.Complaints for obvious errors must be received by the Vendue Master without undue delay, at the latest, however, within 14 days after the auction, for forwarding to the Seller/Consignor.

15.If the Successful Bidder comes in default of payment, the Successful Bidder shall reimburse default interest of 1.5% for each month commenced and storage costs of EUR 15.00 per month. The Successful Bidder shall remain at liberty to demonstrate that the damage has not occurred at all or is lower than the lump sum above. After setting a time limit incl. threat of rejection, the Successful Bidder shall forfeit all rights from the accepted bid, the Auction Exhibits shall be exploited at the Successful Bidder’s expense, the Successful Bidder shall be liable for said default and shall not have any right to claim excess proceeds. The Vendue Master shall be entitled to claim compensation for damages due to non-fulfilment in a lump-sum amount of 25% of the hammer price (for lost commission by the Vendue Master) while remaining at liberty to demonstrate increased expenses; the Successful Bidder shall remain at liberty to demonstrate decreased expenditure.

16.The Vendue Master shall be entitled to collect or sue the purchase monies, purchase money arrears and/or ancillary services in a third party’s name.

17.Any claims for compensation for damages vis-à-vis the Vendue Master, whether from default, impossibility of performance, positive violation of contract, fault upon contract conclusion, from tort, as well as liability for any damage caused by the Auction Exhibits purchased by auction, shall be excluded, unless said damage was caused by wilful intent or grossly negligent action. The Vendue Master shall not assume any liability for potentially arising damage caused by batch numbers stuck on the Auction Exhibits.

18.Due to the large number of written bids, entry errors may occur, meaning that a written Bidder/Successful Bidder’s bid has not been accepted for any Auction Exhibit for which a bid was made. The Vendue Master shall expressly exclude any claim for damages in this case.

19.The terms above shall also apply to any post-auction sale.

20.Every auction visitor shall be liable for the damaged caused by him/her. The Vendue Master shall exercise domiciliary rights in all auction premises and reserves the right to exclude individuals from the pre-inspection or auction without giving reasons.

21.The alienable and heritable exploitation rights, rights of use and copyrights to the illustrations in this catalogue shall be exclusively due to the Vendue Master and the Owner of the Auction Exhibits at the time the catalogue is published. They shall not pass to the Bidder/Successful Bidder upon acquisition within the framework of the auction, on which this catalogue is based. The right to these illustrations shall expressly include reproduction and publication as well as exercise of all ancillary and resale rights. The Bidder/Successful Bidder of these Auction Exhibits shall waive any rights to these illustrations within the framework of the auction. The Bidder/Successful Bidder shall be prohibited, also after the auction, from using the images and texts used in electronic media and the catalogue. Any violation of this agreement shall give rise to claims for compensation for damages against the Bidder/Successful Bidder, without any qualified evidence being required.

22.The colours in the illustrations may deviate from the actual colouring. The Vendue Master expressly points out that only visual inspection during any visit will ensure final certainty. The Vendue Master cannot accept any complaints for reasons of colour deviation.

23.Submission of an oral or written bid shall be regarded as acknowledgement of these auction terms and conditions. These auction terms and conditions shall also be part of the purchase agreement.

24.The Vendue Master shall conduct a silent auction for all Auction Exhibits marked in the auction catalogue as ‘silent auction’ and with the listed batch number range 70000. The Auction Exhibits shall not be called up; it is thus expressly pointed out that neither any oral bid during the auction nor any telephone bid shall be possible for these Auction Exhibits. Bidders may bid in the silent auction only in written form.

25.For reasons of validity, the bids for the Auction Exhibits of the silent auction must be available to the Vendue Master in writing 24 hours before the auction start at the latest. According to and at the Vendue Master’s discretion, they must be explicit and complete in order to be recognised as such a bid. The bid of the Bidder, whose highest bid is available to the Vendue Master upon auction start, having regard to timely receipt, shall be accepted.

26.Taking photos of Auction Exhibits or of persons in the Vendue Master’s premises during the stay, during the pre-inspection or during the auction shall not be permitted.

27.Making phone calls in the auction room during the auction should be avoided.

28.The place of performance for all parties hereto shall be the registered office of Auktions- & Pfandleihhaus exclusive GmbH.

29.If any provision is ineffective either in whole or in part, the validity of the remaining provisions shall remain unaffected thereby.

30.In case of any discrepancies, the German version of the auction terms and conditions shall apply in any case.

31.All prices specified shall be in euros.


Please note: Only the German version of the auction terms and conditions shall apply. If the batch numbers accidentally deviate from any image and text, the batch number of the text shall apply in any case.

Wormser Auktionshaus Lösch®
Auktions- & Pfandleihhaus exclusive GmbH
Weinbrennerstraße 20 · 67551 Worms-Pfeddersheim
Tel: 06247-9046-0 · Fax: 06247-9046-29

Email: info@wormser-auktionshaus.de
Conditions of business