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EPPLI AUCTION HOUSE & JEWELER   拍卖公司条款

Terms of Service

The following terms and conditions of EPPLI AM MARKT, AUKTIONSHAUS - JUWELIERE e. K. (hereinafter referred to as EPPLI) apply to auctions, the after / free sale of auction items and to all internet live bidding systems. (As of October 2018)

 

§ 1 Scope

(1) EPPLI auctions or sells in the name and for the account of the consignor (client). EPPLI is entitled to assert all rights of the consignor from the contract or purchase on its behalf.

(2) These auction conditions apply to all branches of the company, as well as to auctions and sales on site.

 

§ 2 Auction

(1) The auctioned items are used. They will be auctioned in the state they are in at the time of the auction.

(2) The auctioned objects can be tested, tried and viewed before the auction.

(3) EPPLI (as well as the consignor) are not liable for any defects in the items. All information and descriptions of the items are not guaranteed properties in accordance with § 459 BGB.

(4) The catalog information serves to represent the objects and has been written to the best of our knowledge and belief by the experts of the auction house. However, they do not constitute warranty claims by EPPLI in accordance with §443 BGB.

(5) The indicated prices are call-up prices, not estimates.

(6) EPPLI reserves the right not to disclose the identity of the consignor.

 

 

§ 3 bids, bidding

(1) The auctioneer is entitled to exclude persons from the auction. The exclusion requires no justification by the auctioneer.

(2) The auctioneer may merge, split, withdraw or out-order lot numbers. He decides on the acceptance or rejection of a bid.

(3) Written as well as online bids must be available one day before the auction date.

(4) The contract will be awarded to the highest bidder after the highest bid has been called three times. The surcharge includes a premium of 27% already included.

(5) With the submission of a written, telephone or personal bid and its addition, an irrevocable purchase contract is concluded, which obliges the acceptance and payment of the hammer price.

(6) If there are disagreements about the bid or if a bid was overlooked, the auctioneer decides whether to cancel the bid and recall the item.

 

 

§ 4 Final price, taxes

(1) The hammer price of 27% is included in the hammer price . The premium includes the statutory value added tax, which is not shown due to the application of the differential taxation according to § 25a UstG.

(2) All goods that do not meet the requirements of § 25a UstG continue to be subject to standard taxation.

 

 

§ 5 Telephone bidder and online bidder

(1) If there is a written order, telephone providers will be contacted by phone before calling the desired object. EPPLI does not guarantee the existence of a telephone connection. The bidding steps of the telephone provider are binding and are carried out by our employees on behalf of the bidder.

(2) In the case of surcharges on online cooperation platforms, sales commissions may be added, provided that these are shown on the website of the cooperation partners.

(3) EPPLI also does not guarantee the technical possibility of an internet connection or the timely submission of bids during an ongoing auction.

 

 

§ 6 Liability, warranty

(1) EPPLI is not liable for error. The liability is limited to intent and gross negligence of the house, as well as all employees and vicarious agents (eg legal defects, non-performance, impossibility, fault on conclusion of contract, tort).

(2) Claims for warranty on the part of the purchaser due to material defects of the purchased object are excluded.

 

 

§ 7 Retention of title, transfer

(1) If the contract is awarded, all risks are transferred to the successful bidder (eg risk of accidental loss or accidental deterioration). The property is only after full payment of the surcharge including premium to the bidder.

 

 

§ 8 Payment, collection, dispatch

(1) The purchase price is due within 7 days and the items are to be collected within one week (at auctions on site within 3 days).

(2) The buyer has the right to surrender and transfer the goods upon settlement of the full invoice amount.

(3) In case of late payment a reminder will be sent and a late payment surcharge of 3% will be charged. In the event of further delay, EPPLI may demand fulfillment of the purchase agreement or compensation for non-performance. The items can be recalled in a new auction. Any losses and the costs and fees of the new call will be borne by the defaulting bidder. With the renewed surcharge, the rights of the defaulting bidder from the previous contract expire.

(4) If the buyer is in default with the collection, a fee of 5.- Euro plus VAT will be charged for the storage per lot and per day. The collection of the stored items is only possible after appointment confirmation.

 

 

§ 9 Place of fulfillment, jurisdiction

(1) Place of performance and jurisdiction is Stuttgart. German law applies.

 

 

§ 10 supplement

(1) Catalog holders, auction participants and visitors and buyers in the after-sale assure -if they do not express themselves to the contrary - that they have the catalog and / or the objects exhibited therein or exhibited in the auction house from the time of the German Reich from 1933 to 1945 (see above) "Third Reich") only for purposes of civic education, the defense against unconstitutional aspirations, art or science, research or teaching, the reporting on events of current events or history or acquire similar purposes (§§ 86a, 86 Criminal Code). The auction house and its suppliers offer these items only under these conditions and give them only under these conditions.

 

Thus, the acquisition of objects and books from this time under the conditions listed above in accordance with §§ 86a Abs. 3 and 86 Abs. 3 StGB is not a criminal offense within the meaning of § 86a Abs. 1 StGB dar. Under these circumstances, it is In principle, it is permitted to sell and purchase medals and decorations, which are not listed in § 6 (1) of the Law on titles, medals and decorations, as well as badges bearing National Socialist emblems, contrary to the provisions of § 6 (2) of the Title Act , Medals and decorations.

Therefore, the Federal Minister of Justice by letter 4021-2-2 II-23 584/81 of 18.10.1981 the former chairman of the Federation of German Order collector e. V. (today: German society for religious order eV) expressly declares that the acquisition of medals and decorations from the time of the so-called "Third Reich" by serious and organized collectors with the aim of inserting this item in a collection, none Constitutes an offense within the meaning of the law.

 

Orders and decorations of the Federal Republic of Germany and its federal states, as well as their miniatures, ribbon webs, buttonhole loops and ribbon buckles, may only be handed over to authorized persons in accordance with § 14 (3) of the Title, Orders and Decorations. In addition to the loans, all persons who are in possession of a collective license are deemed to be entitled. On request, this collective approval will be issued to the relevant competent authority, with jurisdiction being regulated differently in the individual Länder. According to the Commentary to the Law, the granting of such an authorization can only be denied by the competent authority if there are serious grounds for doing so. With a bid for medals and decorations of the Federal Republic and its federal states, their miniatures, ribbon webs,

 

 

§ 11 Severability clause

(1) Should conditions be wholly or partially invalid, the validity of the remaining conditions shall remain unaffected.

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