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A3033 | A3033
Terms & Conditions
By bidding the buyer becomes subject to the following sales and auction terms:
1. Auktionshaus City Nord does not sell or sell at auction on its own behalf but on behalf of and for the account of the consignor.
Auktionshaus City Nord is not obligated to disclose the consignor’s name and address to the buyer unless the buyer shows probable cause for claims against the consignor for defects of title or material defects.
2. Prior to participating in the auction, the buyer has to fill in a bidding card giving his personal data. Bids have to be called out in a loud and distinct fashion. Auktionshaus City Nord may allow telephone bidding. Signs, waving and such things do not constitute bidding. For bids on the Internet within the framework of online auctions, the bidding guidelines as set forth by the EDP programme have to be complied with.
The hammer price is acknowledged after the highest bid has been repeated three times. The bidder’s bid is binding.
Acknowledgement of the sale can be denied without giving reasons. If more than one bidder places the highest bid and Auktionshaus City Nord’s request for a higher bid is unsuccessful, Auktionshaus City Nord shall select the winning bid at its own discretion.
The sales price and the auction and the auction house’s fee is based upon the auction contract (Versteigerungsprotokoll) .
3. The sales price is due when invoiced and payable to Auktionshaus City Nord.
In addition to the sales price, the buyer must pay Auktionshaus City Nord a surcharge (caveling fee) of 20 per cent excluding VAT. The surcharge is due with the sales price. Auktionshaus City Nord has a direct claim to the buyer’s payment of this surcharge.
Cheques and payments made by direct debits are only accepted if and when cashed by the bank. The bought item, however, has only to be delivered after the expiry of the reversal period. The consignor and Auktionshaus City Nord shall have the right to retain the bought item until the buyer has paid such and the surcharge in full.
3% fee on payments by credit card.
The buyer must not set off the sales price against counterclaims unless such counterclaim is undisputed or executed.
4. As a rule, all objects to be sold and/or auctioned are used and sold in such condition as of the time of being sold or auctioned. Both the descriptions in the catalogue and the verbal descriptions given prior to and during the auction do not constitute any consignor’s quality guarantee for the purpose of § 443 BGB (Civil Code). All data on the condition of the object, for example in catalogues, given on the occasion of sales and auctions do not contain assurances or guarantees by Auktionshaus City Nord.
5. If the consignor is a consumer, rights of the buyer arising from a defect are hereby excluded with the exception of the buyer’s claims for damages for injuries to life, limb and health arising from a negligent breach of duty by the consignor or a wilful or negligent breach of duty by a legal representative or vicarious agent and the liability for other damages arising from a grossly negligent breach of duty by the consignor or a wilful or grossly negligent breach of duty by a legal representative or vicarious agent.
If the consignor is a business man for the purpose of the law, the warranty claims limitation period regarding used item is one year, regarding new items two years. The limitation period commences with the delivery of the item to the buyer.
6. With the delivery of the sold item, the risk of accidental loss and accidental deterioration is transferred to the buyer. This shall also apply if at the buyer’s request the object is delivered to a transport person. The object shall only be shipped, and with costs, if so separately agreed between buyer and Auktionshaus City Nord.
7. The buyer has to accept the item he bought or purchased at an auction within two weeks after acceptance of his bid / conclusion of the sales contract. Otherwise, Auktionshaus City Nord is entitled elsewhere to store the object at the buyer’s expense without a prior warning being given.
8. The ownership of the sold item shall only be transferred to the buyer upon full payment of the sales price.
9. If the sales contract is terminated by a withdrawal for which Auktionshaus City Nord is not responsible or in mutual agreement, this is without prejudice to Auktionshaus City Nord’s claim to the surcharge.
10. If the buyer is a business man for the purpose of the law, Auktionshaus City Nord shall only be liable for wilfulness and gross negligence unless it is a claim for damages arising from injuries to life, limb and health. If the buyer is a consumer, Auktionshaus City Nord’s liability for negligence shall be limited to direct damages foreseeable and typical of this contract category unless it is a claim for damages arising from injuries to life, limb and health. This shall also apply to negligent breaches of duty by Auktionshaus City Nord’s legal representatives or vicarious agents. If descriptions in catalogues or other data given by Auktionshaus City Nord on the sold item should turn out to be incorrect and the item thus not free of material defects, the buyer may only demand withdrawal from contract. Any other claims are hereby excluded.
11. The place of fulfilment for all claims arising from the sale or auction is Hamburg. The place of jurisdiction is Hamburg if the buyer is a business man for the purpose of the law or has now domestic place of jurisdiction.
12. If one of the provisions above is or becomes invalid, this is without prejudice to the validity of the remainder of the provisions above. The invalid provision shall then be replaced by one reflecting the original business purpose as closely as possible. Gaps shall be filled accordingly.
Last amended: 6th October 2015