By submitting bids, the bidder acknowledges the following terms and conditions of the Auctioneer:
1.The auction is voluntary an public; it is conducted by Auktionshaus Hadersbeck (hereafter referred to as “the Auctioneer”) on behalf of third parties and for third-party account. Upon request, the Auctioneer will disclose the contractual partner to the purchaser and the vendor after completion of the auction.
2.The Auctioneer may group together or split up lots presented in the catalogue, may offer them out of sequence or withdraw them.
The auction increments are as follows:
|up to||50,- Euro||=||2,- Euro|
|up to||100,- Euro||=||5,- Euro|
|up to||500,- Euro||=||10,- Euro|
|up to||1.000,- Euro||=||20,- Euro|
|up to||2.000,- Euro||=||50,- Euro|
|up to||5.000,- Euro||=||100,- Euro|
|over||5.000,- Euro||=||200,- Euro|
3.The Auctioneer is entitled to exclude persons from the auction without giving any reason.
4.The Auctioneer may reject a bid. In this case, the previous bid remains binding. If a highest bidder does not want his bid to stand or if anything else is unclear, the Auctioneer may reoffer the lot. If several persons submit the same highest bid, the winner shall be determined by lot.
In the interests of the bidder, written bids will only be executed up to the amount necessary to exceed other bids. If bids are described as “highest bid”, “best bid” or suchlike, the Auctioneer will continue to act on the bidder ́s behalf up to three times the starting price.
Lots that are offered “without reserve” require a minimum bid price of 10.00 Euro and will be sold to the highest bidder.
5.At the fall of the hammer, a contract of sale comes into being between the Auctioneer and the bidder. This obliges the bidder, as the purchaser, to accept the lot and to pay for it. A person bidding on behalf of a third party shall be personally liable along with the bidder.
In the case of bids accepted subject to reservation, the bidder shall be bound by his bid until the approval of the vendor has been obtained or for a minimum period of four weeks; the same shall apply to bids below the reserve price.
At the fall of the hammer, the risk of accidental loss or damage to the lot purchased passes to the purchaser.
6.All purchasers will be charged a commission fee amounting to 22 % of the accepted bid price plus 2,00 Euro per lot, plus, in the case of shipment, postage and insurance charges.
19% Value Added Tax (VAT) on commissions and expenses (not on the hammer price) will be invoiced to all domestic buyers and all buyers from EU countries without EU VAT-ID number.
Supplies to non-EU-Member States are exempted from VAT on commission and expenses with presentation of relevant export documents.
Supplies to EU customers outside Germany holding an EU VAT-ID the German VAT does not apply; the buyer is obliged to include the respective VAT in his/her VAT declaration in his/her home country.
7.Title to the auctioned items only passes to the purchaser upon full payment of the entire auction invoice. In the case of successful written bids, the purchaser receives an advance invoice, which is immediately due for payment. An entitlement to the handover of the purchased lots does not arise until the invoice has been pais in full.
8.Interest will be charged at a rate of 1.5 % per month for all amounts that have not been received by the Auctio- neer ten days after the auction or delivery of the auction invoice. Furthermore, in the event of delayed payment the Auctioneer may either demand payment of the purchase price or, after setting a reasonable deadline, cancel the contract of sale. In the event of cancellation, the rights of the purchaser shall expire and the Auctioneer shall be entitled to demand compensation amounting to the lost income (vendor ́s and seller ́s commisson). The compensation can also be calculated by reauctioning the lot, with the defaulting purchaser being liable for any reduced proceeds and for the costs of the repeated auction, without being entitled to any in creased proceeda. In the event of delays in respect of any agreed part-payments or payment dates, the whole out- standing amount shall immediately fall due. This amount shall also be subject to the aforesaid interest rate.
9.The lots to be auctioned may be viewed and inspected prior to the aucion. They will be auctioned in the condition they are in at the time of the auction. The purchaser may not make claims against the Auctioneer on account of deficiencies if the Auctioneer has fulfilled his obligations in respect of due diligence. The Auctioneer will, however, enforce justified notices of defect against the vendor. In the event of successful claim against the vendor, he will reimburse the purchaser for the purchase price an the auction fee paid.
No complaints will be accepted regarding collections, batches etc. Complaints regarding individual lots must be made within 14 days after receipt of the lot with the original lot card and the original packaging. The lots must be in an unchanged condition, which applies, in particular, to the undamaged sealing of ́shrink-wrapped`stamps. Only the application of a ́FALSCH ́(forgery) sign by the members of the Bund Philatelistischer Prüfer (BPP; the German stamp authentication body) does not count as a changed condition. In the case of a complaint, the Auctioneer may demand a written report by an authorised BPP expert. If the bidder wishes expertisation to be conducted, he must inform the Auctioneer about this before the auction. The time limit for submitting a com- plaint will then be extended. This does not, however, affect the obligation to pay for the lots immediately. Any expertisation fees will bie refunded in the case of a justified complaint. Any claims that go beyond this are ruled out. Defects that are already evident in the illustrations do not provide justification for a complaint.
Designations such as “fine specimen”, “cabinet piece” etc. are subjective assessments by the Auctioneer and are not descriptions of the condition in a commercial law sense. Items whose value is determined by the postmark cannot be objected to on account of other quality deficiencies.
10.Any liability on the part of the Auctioneer for compensation owing to financial losses, on whatever legal grounds, is ruled out unless the Auctioneer is guilty of intent or gross negligence. Illustrations in this catalogue may be subject to colour deviations as compared with the original. The reproduction an re-use of the illustrations shall require the written consent of the Auctioneer.
11.The place of performance is Berlin; the place of jurisdiction for business transactions is Berlin. German Law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
12.The above provisions shall apply mutatis mutandis for subsequent sales and sales by private treaty. The regu- lations concerning long-distance transactions shall not apply.
13.Should any of the above provisions be fully or partly invalid, the validity of the remaining provisions shall not be affected thereby.
In the case of objects bearing National Socialist emblems or symbols, the bidder undertakes to purchase these only for historical and academic collecting purposes.
This translation of the “Allgemeine Versteigerungsbedingungen” is provided for information only; the German text is to be taken as authoritative.
Hadersbeck Auktionen Briefmarkenversteigerungen und -Handels GmbH
Wolfener Str. 32-34