Auction Conditions of alino Auktionen AG

 

1.        alino Auktionen AG (hereinafter referred to as the auctioneer) auctions items put to auction, excluding own goods, in its capacity of commission agent ("Kommisssionär") in its own name and for the account of the vendor (consignor, "Kommittent"). The name, the address and other contact details of the vendor will not be disclosed to third parties unless so agreed to by the vendor.

 

2.       Bidders should view and inspect all items coming to auction prior to the auction in the auction room to duly full their duties. Catalogue descriptions are true to the best of our knowledge. They are neither guarantees nor do they warrant any specific contractual quality  ("vertragliche Beschaffenheit" under German law)  and are made for the sole purpose of informing the bidder. They are based on the details provided by the vendor. The omission of a reference in the catalogue description is, due to the age of the items, no indication that an item is in good order or that it is free from defects. Complaints by buyers, including without limitation remote bidders, who have failed to perform a prior inspection, are excluded. Surface oxidation and blackening of metals and precious metals are not specifically referred to. Signatures, hallmarks, etc. are rendered as read and not subject to verification. The same applies to any written or oral information of any kind received from the auctioneer and/or its agents. Errors and misprints contained in catalogue descriptions may occur and are exempted from our statutory liability obligation pursuant to Sec. 434 and seq. of the German Civil Code BGB. The conservation status is not always indicated in the catalogue, so that an omission cannot be construed to constitute an agreed quality. The goods are auctioned as viewed and inspected. Unless otherwise specifically indicated, goods have not been tested for function. Electrical articles on offer may not comply with the current Rules of the Association for Electrical, Electronic & Information Technologies (VDE).  Thus, they are offered for collection purposes only and no liability, on whatever bases, is assumed. Unless otherwise indicated, STEIFF animals come without button, tag or label. Small parts may be missing from mixed lots. Mixed lots are excluded from any liability whatsoever. 

 

3.        Contractual and/or statutory liability of the auctioneer (e.g. based on non-performance, impossibility, negligence during conclusion, positive violation of a contractual duty, defects in title, tort) are limited to cases of intent or gross negligence. This applies also to any personal liability of statutory representatives, executives and/or agents of the auctioneer.

 

4.        The auctioneer reserves the right to amalgamate, divide or withdraw lots, to offer them off schedule, knock them down subject to reservation or refuse bids. The lot number is the number under which the lot comes to auction and which is indicated in the catalogue or which is used for private-contract sales. As a rule, the call for bids starts at the limit indicated in the catalogue or at the minimum or recommended price, if so agreed. 

 

5.        Bids are made orally or in writing, in EURO. Bid orders must be clearly indicated in catalogue sequence. Obscure bid orders and bid orders under the limit will not be taken into account. To ensure that written bids are executed, they shall be submitted to the auctioneer no later than 24 hours prior to the start of the auction. A valid submission of a written bid requires that the person or company of the bidder and the lot number are clearly identified. When making a bid, a telephone number has to be submitted where the bidder can be contacted as a rule. The bid refers exclusively to the lot number indicated. Telephone bidders are called prior to the lot number indicated if such a request has been made in writing no later than 48 hours prior to the start of the auction. The calls are made in the sequence of applications received. Telephone calls for the account of the auctioneer are made with respect to limit prices exceeding Euro 100. The auctioneer cannot be held liable that telephone connections are successfully established or maintained. The statutory provisions on distant contracts pursuant to Sec. 312 (b) et seq. BGB do not apply to bids on the telephone or in writing described above. Prices referred to in the catalogue are minimum prices. Lower bids cannot be accepted. Positions without a threshold will be knocked down for the highest bid received. 

 

6.        The award is granted to the highest bid pursuant to Sec. 156 BGB after the bid has been called out three times and no higher bid is made. The auctioneer may refuse to accept a bid or make a reservation for good reason. The auctioneer's liability to the bidder is limited to intent or gross negligence if a bid is not accepted although bids had been made. If several persons make the same bid and no higher bid is received after three calls, the successful bidder will be determined by the lot. In the case of two equal written bids, the first bid received will win. If it is unclear whether an auction has been won or who has won an auction or if a bid made in due time has been neglected, the auctioneer may decide to repeat the award for the benefit of a particular bidder or bring the lot to auction again. In any such event, the prior award will be deemed null and void. Complaints regarding an award shall be made immediately, i.e. without culpable delay, before the next lot comes to auction. As a rule, bidding is made in 10% increments. The auctioneer may fix or admit other increments. The prices indicated in the catalogue are minimum prices. Lower bids cannot be accepted. Anyone wishing to be represented in an auction has to communicate in detail any restrictions to the auctioneer prior to the auction. Any representative shall be personally liable for the legal validity of his or her authorization, which he or she will have to prove, if appropriate. Anyone representing a buyer unknown to the auctioneer shall be personally liable for all purchase obligations.

 

7.        If the limit agreed with the vendor cannot be reached, the auctioneer may accept a bid with a reservation. The threshold given to the public remains unchanged. If a later offer for the limit indicated is received, the item may be sold to other bidders without prior consultation or be sold under a private contract. Bids won subject to the auctioneer's reservation are binding upon the bidder for a period of five (5) weeks, no such limit applies, however, to the auctioneer.

 

8.        A bid won is binding and the successful bidder is obliged to take the item. At the time a bid is won, the risk of performance and the possession passes to the buyer. It is now up to the buyer to protect the item against the risk of loss, theft, damage or destruction by taking our adequate insurance cover. The purchase price must be paid and the item taken when the bid is won; the amount can be either paid in cash or by cash card ("EC-Karte"). Payment with respect to buyers having placed their bids via telephone or in writing falls due upon receipt of the invoice.  The title in the auctioned items does not pass to the buyer until all claims of the auctioneer have been fulfilled. The goods are subsequently handed over.

 

9.        The purchase price includes the hammer price, a commission in the amount of 19% and the statutory value added tax at the then applicable rate, however only on the commission (at present totaling a maximum of 22.61%, depending on the applicable tax rate). There is an additional fee of 1 Euro per lot for bids in writing. Complaints regarding apparent errors shall be notified forthwith, however no later than fourteen (14) days following the auction, to the auctioneer who will forward the complaint to the vendor.

 

10.    The buyer is obliged to take possession of the items immediately after the auction. Items bought at auction are shipped at the risk and for the account of the buyer. The charge for domestic deliveries, including postage and package, is EUR 10, other European countries EUR 20 and overseas EUR 40 per parcel. This applies to one-parcel deliveries. In the case of domestic deliveries including more than one parcel, additional parcels will be sent carriage forward. Foreign customers will be invoiced separately. The buyer shall pay for additional insurance cover if so requested by the buyer. Bulky goods are charged at cost price. If the buyer fails to take possession of the item when due, the auctioneer will be entitled to store the items sold at the expense of the buyer or to entrust a third party with their storage. The buyer then has to pay a storage fee, which is EUR 20 per item and calendar month commenced, plus value added tax at the then applicable rate. The defaulting buyer shall also pay extra costs incurred for necessary insurance cover. Objects stored will not be handed over unless all claims of the auctioneer have been duly fulfilled and a submission date has been communicated in writing by the auctioneer.

 

11.    If the buyer defaults in payment, it shall pay, as interest on arrears and handling fee, an amount of 1.5% of the hammer price per item and calendar month commenced of up to EUR 20 or 1% of the hammer price per calendar month. The buyer has the right to prove that no or fewer damage has occurred than is covered by the lump-sum. In the case of late payment, the auctioneer may, at its own discretion, either demand performance of the purchase contract or set a grace period and claim damages for non-performance. If the buyer withdraws from the contract after setting the grace period, all rights of the buyer pertaining to the bid are forfeited and the items will be realized at the buyer's cost. The buyer is liable for resulting loss and is not entitled to claim any extra profit generated. The auctioneer is entitled to claim lump-sum damages for non-performance in the amount of 25% of the hammer price (for loss of vendor and/or buyer commission), while retaining the right to claim higher expenses incurred; the buyer may prove that less or no expenses have been incurred. The auctioneer may, at its own discretion, decide to put the items again to auction within the framework of the damages and make the buyer liable for loss generated compared to the previous auction, if any, as well as for the costs of the repeat auction, including, but nor limited to, commission fees.

 

12     These Auction Conditions apply mutatis mutandis to the after sale of items. The auctioneer may sell items not sold at auction during or after the auction under a private contract.

 

13     The auctioneer is entitled to collect or claim before the courts purchase monies, arrears from purchase monies and/or collateral obligations in its own name.

 

14.    To the extent that items come to auction that refer to the Third Reich, the auction is conducted for the sole purpose of public education, of the defence against unconstitutional activities, of the arts or science and research, of reports on historic or contemporary events or similar purposes. 

 

15.     All inheritable and sellable copyrights and rights to utilize and use pictures contained in our catalogue and other publications linked to our auctions pertain exclusively to the auctioneer and the respective owners of the auctioned items at the time when the catalogue or other publication is published. They do not pass to the buyer as a result of the purchase under the auction featured in the catalogue. The right to these pictures expressly includes the right to reproduction and publication as well as the exercise of any collateral and subsequent rights. The buyer of these items at auction expressly waives any rights to the pictures.

 

16.    To the extent permissible under Sec. 38 ZPO (German Code of Civil Procedure) the venue and place of performance is for both parties Bad Dürkheim, Germany.

 

17.      These Auction Conditions include any and all agreements between the bidder and the auctioneer. Oral agreements need to be confirmed in writing. Also a waiver of the writing requirement itself shall be made in writing.

 

18.      Should one of the provisions be or become ineffective, this shall in no way affect the effectiveness of the remaining provisions. Any ineffective provision shall be replaced by a legally permissible provision that is nearest to the economic purpose of the ineffective provision.

 

03/2013/BE

Legal instructions:

Whoever uses symbols of unconstitutional organizations pursuant to Sec. 86(a) of the StGB (German Criminal Code) shall be punished with imprisonment for not more than three years or a fine. Unless otherwise indicated by catalogue owners, auction participants and bidders, they guarantee that they buy the catalogue and the historic and military items from 1933-1945 with the sole purpose of public education, of the defence against inconstitutional and unconstitutional activities, of scientific and/or historic research, the elucidation and/or reporting on recent history or military historic research. The auctioneer and its vendors offer these items without exception subject to this condition precedent. When making a bid for an item carrying symbols of the Third Reich, the bidder undertakes to buy these things only for historic / scientific purposes for the above reasons and that he/she will not use them for any propagandistic purpose within, including, without limitation, the meaning stipulated in Sec. 86(a) StGB.

 

Collectable military objects:

Batons, cut and thrust weapons are not made available to persons under the age of 18 (eighteen). Age has to be proven by means of an official identification document (ID card, driving licence or equivalent).