The purchase agreement concerning an item offered shall be formed and binding when the winning bid is accepted. Placing the winning bid shall oblige the customer to pay the purchase price and to accept the item. The increments specified by Auctionata in the bidding increments table shall form an integral part of these General Terms and Conditions. If a bid does not correspond with the increments specified by Auctionata in the bidding increments table, Auctionata shall be entitled to round down the bid to the next lowest bidding increment for it to be effective.
If two bids of equal value are placed at the same time, lots will be drawn to decide which bid has priority. If it is established after the winning bid has been accepted that the purchase agreement with the highest bidder is to be rescinded because he or she is not able to pay for the auctioned item, Auctionata shall be entitled at its own discretion to offer the goods to the underbidder in writing at the last price offered by him or her email shall suffice. Auctionata shall be bound by the offer for five days. The offer must be accepted in writing by fax, email, letter or by telephone.
The auctioneer will accept the winning bid if no higher bid has been placed after the highest bid has been announced three times. He or she may be represented by a representative, however, after giving notice in writing email, fax or letter. In the case of placing the winning bid under reserve, the validity of the purchase agreement cf. Clause 7. If the consignor does not approve the sale at hammer price within the aforementioned period, a valid purchase agreement has not been established. In this case, the highest bidder will be notified.
The same applies to the prices stated in the auction catalog. Further information about the purchase price can be found in the List of Fees for Buyers, whereupon the respective current version shall apply. These costs shall not apply if collection of the goods has been agreed to in writing email shall suffice with Auctionata in exceptional cases.
Deliveries to non-EU countries are subject to additional custom duties and import tax. The goods affected will be labeled accordingly in the auction catalog. Further information about the contribution to the resale royalty right can be found in the List of Fees for Buyers, whereupon the respective current version shall apply. In this case, the amount of VAT will not be separately itemized on the invoice. Thus, no deduction of input tax will be possible.
The amount of VAT due will then be assessed based on the total invoice amount and separately itemized on the invoice.
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Deduction of input tax will be possible in this case. In this case, the legally mandated rate of VAT will be included in the invoiced price. The purchaser will be responsible for paying tax and customs duties on the delivered goods in accordance with local regulations in the destination country. For business owners and for purchasers of a used item, the warranty period will be one year from the date of delivery of the item.
The prospective purchaser will have the option to view items before an auction in accordance with Clause 3. This will not apply, however, if the deviation in color is due to negligence on the part of Auctionata. In this case, the purchaser will purchase the item at his own risk as far as the information in question is concerned. Inasmuch, neither the starting auction price nor the final hammer price of an item can be used to draw inferences about the actual characteristics or authenticity of that item.
The transaction will be unwound in accordance with the relevant statutory regulations. Accordingly, each Party must first of all return any benefits it has received under the contract. In other words, Auctionata must reimburse the purchaser for the purchase price paid, while the purchaser must return the purchased item s to Auctionata.
The relevant statutory warranty regulations will also apply in this context; this means, for example, that the purchaser may also demand abatement of the purchase price. If such claims are asserted successfully, the purchaser will be entitled to receive disbursement of the sums recouped up to the amount of the purchase price.
The Auctionata Guarantee applies only to the information referenced above under a and b , but not to any other information, e. After this deadline, all claims under the Auctionata Guarantee will lapse.
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If he fails to comply with the foregoing, the purchaser will lose recourse to the rights granted under the Auctionata Guarantee. Legal action may not be initiated over a dispute — nor any related claims asserted — until after the expert arbitrator has issued his opinion or, in the case of legal proceedings in accordance with Section German Civil Code BGB German Civil Code , until after said proceedings have been concluded in a conclusive, non-appealable manner.
Either Party will be entitled to make a written request for the appointment of an expert arbitrator, whereupon the Parties will have 4 weeks to agree on who will serve as arbitrator. V German Federation of Art Experts or by some comparable organization. The expert arbitrator must be a publicly appointed and sworn expert in the field of fine art. The arbitrator must be independent and impartial. The arbitration opinion must be prepared in writing. The Parties will present their arguments in oral hearings before the arbitrator insofar such hearings are ordered by the arbitrator or requested by both Parties.
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In all other respects, the arbitrator will define the arbitration procedures to be followed at his discretion. The findings and decisions of the expert arbitrator will be binding on both Parties. The arbitration opinion must be issued in writing along with supporting reasoning. This supporting reasoning must include the key assumptions upon which the expert based his evaluation. If the expert arbitrator is unable to reach a decision or unable to decide with near certainty as to whether or not a guarantee event has occurred, then the guarantee event will be deemed inexistent.
In this case, the costs of the arbitrator will be shared equally between the Parties. In all other respects, each Party will bear any sundry costs that it incurs. Thus, own costs incurred in connection with the arbitration opinion, such as attorney's fees, will be borne by the respective Party.
The Auctionata Guarantee will not entitle the purchaser to assert any further claims, particularly claims for damages or expense reimbursement. Thus, the rights granted under the Guarantee will exist alongside the warranty rights of the purchaser without in any way limiting the latter. The Auctionata Guarantee will apply to all customers of Auctionata worldwide. It can, however, be attributed to the specified historical period or specified century. The original is known and was created by a known hand, whilst the copy comes from a different hand.
Auctionata shall only be liable in cases of intention and gross negligence; the aforementioned shall not apply in the event that express guarantees are assumed figure 11 , or in the event of damages resulting from injury to life, body or health, or in the event of mandatory legal provisions. Liability for compensation of indirect damage, and particularly for lost profit, shall only arise in cases of intent or gross negligence on the part of legal representatives, managers or other vicarious agents of Auctionata.
The items shall remain the property of the respective Consignor until they are paid for in full. To protect the consignor, the items will not be shipped until payment has been received in full receipt of payment. The customer must pay the purchase price immediately upon receipt of the invoice in PDF format. Payment on delivery is excluded. The customer may effect payment by bank transfer, PayPal or credit card. Auctionata shall not charge any fees for this.
The interest shall be calculated per year and charged to the current account. In the event of a delay in acceptance, Auctionata may wholly or partially withdraw from the agreement in accordance with the statutory provisions. When rescinding the purchase price payment transaction, Auctionata may offset the amount against any entitlement to compensation.
This may include, in particular, the expenses incurred through default and through the reduction of the proceeds in the event that the item is auctioned again, and the auction fees associated with this. When rescinding the purchase price payment transaction, the purchaser must provide his valid bank account details to Auctionata.
Collection is only possible if the items have been paid for in advance. Cash payment upon collection is not possible.
Upon collection, the purchaser must prove his identity by showing his identity document, which will be copied. If the purchaser sends a representative to collect the item, he or she must announce this by letter, fax or email. In this case, the representative must also prove his identity. The item must be collected at the agreed time.
If the purchaser culpably fails to uphold the appointment, default of acceptance in accordance with figure The delivery period shall be 14 days after receipt of payment in the case of deliveries within the EU, and 21 days for deliveries to countries outside the EU. Delivery periods can be postponed, especially in case of goods which are related to the protection of species and cultural assets, because of official requirements for the ex- and import for example export and import licenses.noroi-jusatsu.info/wp-content/2020-03-12/1019-comment-espionner-un.php
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Auctionata shall not be liable for delays based on aforementioned circumstances. It is at the expense of a buyer, if a successful delivery to the buyer is not possible due to import regulations. This means that the buyer has to ensure before the conclusion of a purchase agreement with Auctionata that import regulations do not interfere a successful delivery. Please contact us immediately in such a case. Auctionata shall not, therefore, be held liable for the provision of a free telephone line and a functioning fax and Internet connection.
Auctionata shall assume no liability whatsoever for the permanent availability of the Auctionata website. During these times it is may be that the website of Auctionata is not accessible. Auctionata shall not be liable for loss or damage incurred through the lack of usability or inaccessibility of the website of Auctionata.