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Auktionshaus Ludwigsburg BENE MERENTI GmbH
Terms of Service
1.1 The general terms and conditions apply to all legal transactions of the Ludwigsburg BENE MERENTI GmbH auction house (hereinafter: "Auctioneer"). The Ludwigsburg BENE MERENTI GmbH auction house expressly objects to any deviating terms and conditions of purchase; we can only accept these in writing. If an objection is excluded, the statutory provisions apply instead of contradicting conditions.
1.2 Auctions are carried out by the Ludwigsburg BENE MERENTI GmbH auction house as a commission agent in its own name and for the account of the consignors, who remain unnamed.
2. CONDUCT OF THE AUCTION
2.1 The auction usually takes place in the order listed in the catalog. The right to change the order as well as the connection or separation of catalog numbers is reserved.
2.2 The amount of the respective call and the respective rate of increase is at the dutiful discretion of the auctioneer. The rate of increase is usually 10%.
2.3 Written bids must be available no later than the day before the auction and name the item, stating the catalog number and the price offered (hammer price without premium and sales tax). Any ambiguities or inaccuracies are at the expense of the bidder. The auctioneer is not obliged to notify the written bidder that his bid has not been considered. Written bids are treated in the auction like the bids of those present. You will only be used by the auctioneer for the amount required to outbid other bids. If, due to a registration error, a written bidder has not received an award for an item he has offered, a claim for damages is expressly excluded.
2.4 Bidders by telephone undertake to bid at least the estimated price stated in the catalog. This applies accordingly if you cannot be reached by telephone during the auction.
2.5 People can be excluded from the auction and bids rejected. This applies in particular if a bidder is not known to the Ludwigsburg BENE MERENTI GmbH auction house or if there is no business relationship with it and he does not provide security in the requested amount by the end of the auction at the latest. There is also no entitlement to acceptance of a bid in the case of a security deposit.
3.1 The bid is accepted by the auctioneer if no overbids are made after calling a bid three times.
3.2 The auctioneer can strike with reservations. This applies in particular if the minimum hammer price stated by the consignor has not been reached. In this case, the bid expires four weeks from the day of the knockdown, unless the auctioneer has informed the bidder that the bid has been accepted without reservation within this period.
3.3 If several bidders submit equally high bids, the auctioneer can, at its own discretion, accept the bid or decide on the bid by drawing lots.
3.4 If the auctioneer has overlooked a higher bid or if there are doubts about the knockdown, he can choose to repeat the knockdown in favor of a particular bidder or offer the item again until the auction is closed. In this case, a previous surcharge becomes ineffective.
3.5. The bid obliges to purchase and pay.
4. PURCHASE PRICE
4.1 The purchase price is made up of the hammer price, the buyer's premium of 25% and any ancillary costs, e.g. for storage and shipping.
4.2 The purchase price includes the statutory sales tax (differential taxation according to § 25a UStG), which is not shown separately. When applying the standard taxation, the statutory value added tax is calculated on the total price (hammer price plus 25% premium = total price plus statutory VAT). In the event that the tax authorities do not recognize the reduced tax rate, the auctioneer is entitled to claim the under-levied sales tax against appropriate evidence. Export deliveries are exempt from sales tax under certain conditions. Provided that these requirements are met and the necessary proof of export has been provided on time, the sales tax paid will be reimbursed to the buyer.
5. PURCHASE PRICE PAYMENT, DEFAULT IN PAYMENT, COMPENSATION
5.1 The purchase price is due for payment in full with the knockdown. Payments are to be made to the auctioneer in cash in EURO. At the auctioneer's request, foreign bidders must present bank-certified checks prior to the auction.
5.2 If the buyer is in arrears with the payment of the purchase price, the auctioneer can demand interest on arrears of 5% above the base rate without prejudice to further rights. If the auctioneer demands compensation for non-fulfillment and the item is auctioned again after a period of grace set by the auctioneer with threat of rejection has expired, the buyer, whose rights from the previous knockdown expire, is liable in addition to the costs for storage as well as for the auctioned’s lost payment from the previous auction as well as for any reduced proceeds, he has no claim to any additional proceeds. In this case, the buyer is not permitted to make a further bid. The auctioneer is also entitled to demand a flat-rate compensation for non-performance amounting to 25% of the hammer price (due to lost profit).
6. ACCEPTANCE, DELIVERY, DAMAGES, RESERVATION OF TITLE
6.1 When it is issued, all risks, especially the risk of accidental loss and accidental deterioration of the auction item, are transferred to the buyer.
6.2 The buyer must collect the auction item immediately, no later than eight days after the knockdown from the auctioneer. If he is in arrears with this obligation and the collection does not take place despite a grace period set by the auctioneer, the latter can demand compensation for non-fulfillment with the proviso that he can auction the item again and calculate his damage in the same way as in the case of delayed payment by the buyer. Irrespective of this, the auctioneer can claim lump-sum compensation from the time of default in the amount of 5.00 € per auction item and day. The buyer reserves the right to provide evidence of lower damage.
6.3 After the expiry of the period in 6.2. The auction item is stored by the auctioneer, who is entitled, but not obliged, to take out insurance or other measures to secure its value, at the expense and risk of the buyer. He is entitled at any time to store the item with a third party for the account of the buyer; if the item is stored at the auctioneer, the auctioneer can demand payment of a customary storage fee (plus processing costs).
6.4 The auctioneer is not obliged to surrender the auction item before payment of all amounts owed by the buyer.
6.5 Ownership of the object of purchase is only transferred to the buyer once the invoice amount owed has been paid in full. If the buyer has already resold the object of purchase at a point in time at which he has not yet paid the auctioneer's invoice amount or not fully, the buyer shall assign all claims from this resale to the auctioneer up to the amount of the outstanding invoice amount. The auctioneer accepts this assignment.
6.6 If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the purchase contract, is exercising his commercial or independent professional activity, the retention of title also applies to claims of the auctioneer against the buyer from the ongoing business relationship and other auction items until settlement of claims due in connection with the purchase.
6.7 It is the buyer's responsibility to obtain permits or certificates for auctioned objects that are subject to import or export restrictions. Any expenses or penalties caused by violation of valid laws are not paid by the auctioneer.
7.1 The auction items can be viewed and checked prior to the auction. They are used and will be knocked down without liability of the auctioneer for material defects.
7.2 Without prejudice to the exclusion of the warranty according to Item 7.1, the auctioneer will promptly forward any complaints of defects made by the buyer to the consignor within the statutory warranty periods, provided this is not impossible for him for actual reasons.
7.3 The catalog descriptions are made to the best of our knowledge and belief, they are not an assurance of properties in the sense of §§ 459 ff BGB. Well-founded complaints regarding authenticity must be made within 30 days of the auction. In this case, the purchase price can be refunded when the lot is returned. A guarantee for the specified period of 30 days after the end of the auction on the part of the Ludwigsburg BENE MERENTI GmbH auction house is excluded. This also applies to further warranties of any kind. In the case of lots, bundles and treasure troves, we do not assume any liability for the originality, an inspection is recommended.
7.4 Special guarantee: The originality of the auction items is expressly guaranteed for the lots listed in the printed auction catalog (part medals and decorations, Germany, Europe and the world).
7.5 The auction catalog published on the internet is for information only. The printed version is decisive for the auction. If no printed auction catalog is created for an auction, the catalog published on the Internet will take its place. This, with the changes publicly announced by the auctioneer on the day of the auction, is then decisive, if such is required. These are noted on a printout of the catalog in the business premises and remain there.
8. COMPENSATION OF DAMAGES OF THE AUCTION HOUSE Ludwigsburg BENE MERENTI GMBH
8.1 Claims for damages against the Ludwigsburg BENE MERENTI GmbH auction house and against its vicarious agents or vicarious agents in connection with the auction or the conclusion or fulfillment of a contract for whatever legal reason are excluded.
8.2 This does not apply to damage based on willful or grossly negligent behavior on the part of the Ludwigsburg BENE MERENTI GmbH auction house and its vicarious agents.
9. OTHER AGREEMENTS
9.1 The law of the Federal Republic of Germany applies to the legal relationship between the Ludwigsburg BENE MERENTI GmbH auction house and the buyer. The application of the law on the international purchase of movable property as well as the uniform law on the conclusion of international sales contracts for movable property is excluded.
9.2 In business dealings with merchants who are merchants by law according to § 1 HGB to § 7 HGB, it is agreed that Stuttgart is the place of performance and jurisdiction. In business dealings with legal entities, with special funds under public law and with persons who have their registered office abroad, it is agreed that Stuttgart is the place of performance and jurisdiction.
9.3 In order to protect the public and with consideration for foreign customers, the auctioneer is obliged to exercise the greatest possible care and circumspection when handling objects from the period of National Socialism. The items are therefore not on public display. As was customary in the linguistic usage of the time, titles and designations were included in the catalog description. There is no rating associated with this. Visitors who would like to preview items from the National Socialist era and are not personally known to the Ludwigsburg BENE MERENTI GmbH auction house are asked to fill out a corresponding inspection form and enter their area of collection. At the same time, the knowledge of §§ 86, 86 a StGB and their strict compliance are guaranteed. Written bidders who are not personally known to the auctioneer are asked to indicate the type and purpose of their collection area when submitting bids for items from the National Socialist era. B. Establishment of a collection based on scientific principles on current events such as World War II, the Wehrmacht, etc. The auctioneer only accepts bids from those bidders who adhere to Sections 86, 86 a of the Criminal Code commit. By not expressing the contrary, catalog owners, auction participants and bidders assure that they will use the catalog and the objects depicted in it from the time of National Socialism only for the purposes of civic education, the defense against unconstitutional efforts, art, science, research or the Teaching, reporting on events of the day or history or for similar purposes (§§ 86 a, 86 StGB). The auctioneer only offers these items and the corresponding catalog under these conditions. This is expressly recognized with the submission of a bid.
9.4 Should individual provisions be or become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provisions will be replaced by such effective provisions that come closest to the economic purpose of the ineffective provisions. This applies accordingly to loopholes.