Preamble 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. Consignors and bidders must present the Auctioneer with a valid identity card or a passport with an official confirmation of registration. If the Auctioneer is not in possession of a valid identity card or passport with an official confirmation of registration, the business relationship cannot be commenced.
2. Under consideration of section 7 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.
3. 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.
4. 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. Complaints from bidders in the auction room are excluded. 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 information regarding the condition descriptions on page 7 or 9 and on www.wormser-auktionshaus.de are part of these auction conditions. 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.
5. 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.
6. 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.
7. 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 53 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).
8. 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. If no bid is accepted at the starting price, the auction items will be sold on the open market and can be purchased for the starting price plus buyer‘s premium.
9. 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.
10. 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.
11. Right of withdrawal according to paragraph BGB 312 g does not exist for publicly available auctions.
12. 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.
13. 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 amount is due without deduction, this also applies to Paypal customers. The Paypal fees are to be paid by the customer himself. 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. Shipment will take place after receipt of payment at the expense and risk of the buyer. Packet transport and packaging costs shall be calculated based on the amount of the hammer price total. Since the quantity and the extent of the auction items to be auctioned varies depending on the auction, the arrival of the auction items may take more than 14 days. On the national territory: value of up to EUR 500.00: EUR 12.00; value of up to EUR 2,500.00: EUR 17.00; value of up to EUR 5,000.00: EUR 22.00; value of up to EUR 10,000.00: EUR 27.00 and up to a max. value of EUR 15,000.00: EUR 32.00. Our charges for other European countries: value of up to EUR 500.00: EUR 22.00; value of up to EUR 2,500.00: EUR 27.00; value of up to 5,000.00: EUR 32.00; value of up to 10,000.00: EUR 37.00 and for a max. value of EUR 15,000.00: EUR 42.00. For overseas: value of up to EUR 500.00: EUR 52.00; value of up to EUR 2,500.00: EUR 62.00; value of up to EUR 5,000.00: EUR 72.00; value of up to EUR 10,000.00: EUR 82.00 and up to a max. value of EUR 15,000.00: EUR 92.00. 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. Subsequently requested invoice changes regarding shipping costs, address changes etc. will be charged with a processing fee of EUR 10.00.
14. The auctioneer maintains internal contractual relationships with external live Internet bidding systems. As soon as a bidder/bidder bids live via one of these external live Internet bidding systems, e.g. via Lot-tissimo during an auction of the auctioneer, the auctioneer does not guarantee the technical possibility of establishing an Internet connection or the timely transmission of bids. The auctioneer recommends submitting bids at an early stage in order to be safely considered in the auction. The examination and approval of the registration with online bidders can take up to 24 hours. If you register later than 24 hours before the auction starts, your registration may not be processed in time. For the use of external Internet live bidding systems, the Live Auctioneer shall pay an additional surcharge, e.g. Lot-tissimo is 3% plus statutory VAT. The premium is paid to the initiators of the respective Internet live bidding system via the auctioneer. In principle, the auction conditions of the auctioneer apply. In addition the bidder has to consider the general trading conditions of the respective external Internet Live offerer.
15. 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.
16. A surcharge of 20 % plus statutory VAT (23.80 % in total) shall be charged on the hammer price; in case of written Successful Bidders and Live Bidders, a surcharge of 20 % of the hammer price and EUR 1.00 per Auction Exhibit. The VAT to be paid for the commission and incidental expenses (EUR 1.00 lot fee, shipping costs) shall be invoiced separately. Invoicing during the auction shall be immediately rechecked due to overworking.
17. After receipt of the auction exhibits, the buyer must immediately complain to the auctioneer about obvious errors and/or defects for forwarding to the seller/deliverer. Once the error or defect has been ascertained, the auction exhibit complained about should arrive at the auctioneer within 14 days at the latest.
18. 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.
19. 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.
20. 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.
21. 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.
22. The terms above shall also apply to any post-auction sale. The provisions on distance selling in accordance with §§ 312 b ff BGB shall not apply.
23. 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.
24. 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.
25. 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.
26. The submission of an oral or written bid implies the acceptance of these auction conditions. These conditions of auction with the descriptions of condition are also part of the contract of sale.
27. 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.
28. Making phone calls in the auction room during the auction should be avoided.
29. By these terms and conditions of auction, sellers/deliverers, bidders and auctioneers agree that the auctioneer regularly sends information/advertising in digital form e.g. newsletters, flyers (letter, e-mail/SMS, telephone, fax) and in printed form e.g. catalogues, flyers (by letter or parcel). The seller/deliverer, bidder and auctioneer may revoke this consent at any time vis-à-vis the auctioneer by e-mail to email@example.com or in writing to the Wormser Auktionshaus, Weinbrennerstraße 20, 67551 Worms-Pfeddersheim, Germany.
30. Via the Auctioneer‘s website > www.wormser-auktionshaus.de, sellers, bidders, auctioneers or other users can have the contents of the website translated into other languages using a „Google Translator“ button. Since this process is automated, the auctioneer cannot guarantee a complete and error-free translation. The auctioneer therefore excludes liability for incorrect information due to translation errors.
31. The place of performance for all parties hereto shall be the registered office of Auktions- & Pfandleihhaus exclusive GmbH.
32. These auction conditions are subject to German law. The Vienna UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
33. If mandatory law requires the decision of a matter from or in connection with these Auction Terms or its execution by an ordinary court, the place of jurisdiction shall be Worms.
34. Should any provision be or become wholly or partially void, invalid or unenforceable, the validity and enforceability of all remaining provisions shall not be affected thereby. The void, ineffective or unenforceable provision shall, to the extent permitted by law, be deemed replaced by the effective and enforceable provision which comes closest to the economic purpose of the void, ineffective or unenforceable provision in terms of subject matter, extent, time, place and scope. The same shall apply mutatis mutandis to the filling of any gaps in these Terms and Conditions of Auction.
35. In case of any discrepancies, the German version of the auction terms and conditions shall apply in any case.
36. All prices specified shall be in euros.
B. Additional provisions relating to numismatic auctions 1. The description in the print and digital media is made conscientiously and with the use of specialist literature, the authenticity of the pieces is guaranteed. Unrecognised forged auction items will be taken back for a refund of the purchase price. 2. Unless they are part of a collection, the auction exhibits - especially coins and medals - are shown in their original size, unless a different scale is indicated. 3. Deviations may occur in the scale (marked) and colour representation of the auction exhibits in the print and digital media. The auctioneer assumes no guarantee for this. Liability is therefore excluded. 4. If a buyer was present at the auction, all complaints are excluded. As an inspection is possible before as well as during the auction, complaints regarding the degrees of preservation stated in the print and digital media are also excluded. 5. Consignments with several coins or medals are generally excluded from complaints with regard to the degree of preservation. The quantities stated for the lots are approximate, therefore the auctioneer is not liable for any deviating quantities. 6. If the buyer submits the coins and medals purchased by the auctioneer to a grading service, the auctioneer does not guarantee that the auction items will be accepted there or graded according to the auctioneer‘s assessment.
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.
The English translation of the auction conditions was partly done by the automatic translation program. In the event of discrepancies in the translations, the German version shall be legally binding.