standard | standard
1. Euroantik Auctions Leopoldstr.62 A-6020 Innsbruck carries out the auctioning of movable property in accordance with the provisions of the Industrial Code in accordance with the general rules of procedure available at the offices of the establishment or in other public auction rooms rented by Euroantik Auctions. The auctioneer auctioned in a public auction as a commission agent in his own name and for the account of the consignor, who remain unnamed. By participating in the auction, the auction conditions below are recognized by the auctioneer.
2. Deficiencies a) All auctioned items may be inspected and inspected prior to the auction. The things are needed. The catalog descriptions are made to the best of our knowledge and belief, they are for information purposes only and are not part of the contractual properties of the objects within the meaning of § 922 ABGB and are in particular not a guarantee within the meaning of § 880a ABGB. The same applies to verbal or written information of all kinds as well as the description of the objects when called. If an internet catalog is also created, the details of the printed version are nevertheless relevant. Impairments of the state of preservation are not always indicated, so that missing information does not justify a property agreement. The auctioneer reserves the right to correct catalog information. This correction shall be made by written notice at the auction site and orally by the auctioneer immediately preceding the auction of the individual item. The corrected information replaces the catalog description. All items will be auctioned in the condition in which they are at the auction. b) The Auctioneer undertakes in the case of defects in title and title to defects which are asserted within 12 months after the award, to assign to the buyer at his discretion or to raise claims directly against the consignor. The prerequisite for this is that the buyer has paid the auction bill. For the assertion of a material defect, the submission of the report of a recognized expert, which proves the defect, at the expense of the buyer is required. Incidentally, a liability of the auctioneer due to legal and material defects is excluded, provided that he has fulfilled his due diligence obligations.
a) Seating Each bidder must give his name and address prior to the auction. This also applies if he participates as a representative in the auction. In this case, he must also provide the name and address of the representative. If in doubt, the bidder acquires in his own name and for his own account. Each bidder must deposit a deposit before the start of the auction.
b) Remote bids
In order to ensure the execution of written bids, they must be received by the auctioneer on the form provided for this purpose - at least 48 hours before the start of the first auction day. For the effective submission of a written bid, the exact specification of the person or company of the bidder and the lot number is required. When submitting the bid, a telephone number must be provided under which the bidder can be reached regularly. The bid is limited to the specified lot number. Written bids are only used by the auctioneer for the amount that is required to beat another bid. Telephone bids are accepted by calling the bidder before calling the desired lot. This only applies to lots with a call price starting from Euro 500, -. Prerequisite for the participation by telephone is a written notice that arrives at the auctioneer at least 48 hours before the start of the first auction day. For certain auctions it is possible to submit an online bid (www.Lot-issimo.de); this requires registration at least 48 hours before the start of the first auction day. The Auctioneer assumes no liability for the establishment or maintenance of telecommunications connections and the proper transmission and (timely) access of online offers to the auctioneer. Relevant for the auction or its expiry is the hall (for example with regard to corrections pursuant to item 2 a). Only the bids reproduced in the hall are binding. In any case, the bidder is to prove the receipt of the bid.
c) treatment of the bids and supplement
The auctioneer may reject bids if there are objective reasons. This applies in particular if bidders can not provide sufficient collateral corresponding to the value of the bid prior to the auction at the request of the auctioneer. If a bid is rejected, the immediately preceding bid remains binding.
d) The auctioneer reserves the right in the event of a substantive reason
to merge, separate, offer out of order or auction under reserve (UV surcharge). The lot number is the number under which the items are called up in the auction or are listed in the auction catalog or are offered in free hand sales.
e) The contract will be awarded three times to the highest bidder. If more than one person makes the same bid and no higher bid is made three times, the lot decides. If there are identical written bids, the first entrance will be awarded the contract. If there are doubts as to whether or to whom the contract has been awarded or if a bid submitted in good time has been overlooked or if the highest bidder does not wish to accept his bid, the auctioneer may withdraw the bid which thus becomes ineffective and re-bid the item. Objections to a surcharge are immediate, i. before calling the next lot. If there is an important reason, the auctioneer may refuse the contract.
f) The estimated price is usually not a limit. The surcharge can also be made below the estimated price. To protect the delivered item, the auctioneer is entitled to place the order to the consignor below the agreed limit. In this case, a decline arises.
g) If the limit agreed with the consignor is not reached or if there are other important reasons, the auctioneer may conditionally grant the order (UV supplement). In the case of an offer of the limit, the item may also be added to another bidder without consultation or sold in the after-sale. Bids with UV supplements are binding for bidders 5 weeks, for the auctioneer, however, subject to change. In particular, any claims of the bidder against the auctioneer are excluded if the UV surcharge is not executed.
h) A bid expires if it is rejected by the auctioneer, if the auction is closed without the award of the contract or if the item is recalled. An ineffective bid does not invalidate the previous bid.
i) With the auction by the auctioneer, the bidder is obliged to accept the item and to pay. The ownership of the auction items shall only pass to the buyer with full settlement of all claims of the auctioneer. In the case of payment by check, the unconditional bank credit will only be considered as receipt of payment or fulfillment. The risk of accidental loss and accidental deterioration of the item passes with the surcharge to the buyer. j) The post-sale is part of the auction, in which the interested party in writing places the order for a certain amount. The provisions on the distance contract are therefore gem. § 5b KSchG no application. For the subsequent sale, the auction conditions apply accordingly.
Purchase price, sales tax a) As a rule, the deliveries are subject to differential taxation in accordance with Art. § 24 UstG: A surcharge of 25% will be levied on the hammer price. This premium includes the legal value added tax (VAT) on the total difference. The VAT is not shown in the invoice. For consignments e.g. from third countries, which are charged with import sales tax (marked by * in the Lot No.), the invoicing is done with the standard taxation: The surcharge amount is charged a premium of 27%. The statutory value added tax is payable on the additional amount plus buyer's premium. b) If the need to obtain a CITES certificate for the purpose of issuing exemptions is subject to the prohibition of marketing articles that are subject to the species protection agreement, the costs incurred will be borne by the buyer. A guarantee for the approval (CITES, species protection, export) is not given. c) The buyer pays half of the legal resale right after the season of the § 16b UrhG as well as half of the tax to the Künstlersozialkasse. d) The statutory sales tax is currently 20%. Items marked in the catalog by * before the estimated price are subject to reduced VAT in the case of standard taxation of 13%. (e) Where goods are delivered to another EU Member State under the differential taxation scheme, the exemption for intra-Community supplies shall not apply. In the case of export deliveries to third countries, the sales tax will be reimbursed to the buyer as soon as the auctioneer has received proof of export and acceptance. f) Invoices issued during or immediately after the auction must be inspected; Errors and omissions excepted. Subsequent rewriting of the invoice on customer request is subject to a charge.
Due date, payment and delay a) Buyers personally participating in the auction have to pay the final price (hammer price plus premium and value added tax) to the auctioneer immediately after successful bid. For buyers who have bid in writing, by phone or online, the claim will become due upon receipt of the invoice. The buyer waives the assertion of rights of retention from other, also earlier transactions of the current business connection. A set-off against counterclaims is only permitted to the buyer if these are undisputed or have been established as legally valid or the claim is legally connected with the counterclaim. The buyer, if he is an entrepreneur, renounces the right to refuse performance according to § 1052 ABGB. b) In case of late payment, default interest will be charged; their amount is 4% p.a. for private buyers (consumers) and 9.2% for commercial buyers (entrepreneurs) the base rate p.a. If payment is made in foreign currency, any price loss and redemption fees shall be borne by the buyer. In addition, the auctioneer can claim the buyer for damages for culpable breach of duty. For this purpose, he may, after the second reminder as a lump sum for damages, levy a late payment surcharge of 3% of the total claim, unless the buyer proves that the damage was not incurred or was incurred to a significantly lesser extent. If the buyer is in default of payment, the auctioneer may rescind the contract after setting a grace period of 2 weeks and demand compensation for the actual damage instead of the lump sum compensation. This may be calculated in such a way that the item is auctioned again in a further auction with a limit determined at the reasonable discretion of the auctioneer and the defaulting buyer for a reduction in revenue over the previous auction and for the costs of repeated auction including commission and expenses of the auctioneer pay Has. On a surplus he has no claim in this case. The rights from the previously awarded surcharge expire with the new surcharge. Upon default, all claims of the auctioneer against the buyer become due immediately. Collection, dispatch, storage a) The buyer is obliged to receive the items immediately after the auction. Buyers who have participated in the auction in writing, by telephone or online must pick up the items no later than 14 days after receipt of the invoice. However, items that have been auctioned will not be issued until all claims have been fully settled. b) If the buyer is in default of acceptance, the auctioneer is entitled to store the item at his own expense and risk with himself or a third party. The buyer also bears the costs of necessary insurance. For storage, a cost reimbursement of up to Euro 6, - (plus value added tax) or the rate of the storage company is charged per object and day. The buyer reserves the right to prove that costs have not been incurred or not at this amount. The date for the release of stored goods must be agreed with the auctioneer or named third party. c) The dispatch, packaging and insurance of auctioned items shall be at the expense and risk of the Buyer; the auctioneer is merely the intermediary of these services. Shipping orders are only executed if the auctioneer or the company entrusted with this task has received the shipping order signed by the buyer and the shipping costs and all other claims of the auctioneer have been paid.
Liability Due to damage of the bidder / buyer, the auctioneer shall only be liable if this is due to an intentional or grossly negligent breach of duty by a legal representative or agent of the Auctioneer or if the damage from an intentional or negligent injury to life, limb or health of the bidder / purchaser through based on the auctioneer.
General a) These conditions, which are recognized by the participation in the auction, regulate all legal relations between the bidder or buyer and the auctioneer. General terms and conditions of the bidder or buyer are not valid. Verbal collateral agreements do not exist. Changes must be made in writing to be valid. b) Place of fulfillment and jurisdiction, as far as it can be agreed, is exclusively Innsbruck. Only Austrian law. The United Nations Convention on Contracts for the International Sale of Goods (UN-KaufR) does not apply. c) Should one or more provisions of these auction conditions be wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected. d) If the terms and conditions of auction are available in several languages, only the German version shall prevail. The auctioneer assumes no liability for incorrect translations.
EuroAntik Auktionen Leopoldstrasse 62 A-6020 Innsbruck www.euroantik-auktionen.at , ATU69300623,Bankverbindung: Bawag/Psk, IBAN: AT22 6000 0005 1011 0145 ,BIC: BAWAATWW