Stade Auktionen

General Auction Conditions

Please note that this translation is provided for information; only the German text of "Allgemeine Versteigerungsbedingungen" is mandatory. 

  1. The auction takes place voluntarily, on behalf and for account of a third party and against immediate payment in Euro. Payment by instalments may only be granted by prior agreement with the auctioneer.
  2. The lots are awarded to the highest bidder by hammer price. If two bids are identical, the first one received will take precedence. The auctioneer reserves the right to refuse to award a lot or to withdraw, recombine and divide lots. In the event of misunderstandings, the auctioneer is entitled to auction off the lots again. The minimum bid is 6 euros. Bids less than 6 euros will not be accepted.
  3. Our bidding increments must be accepted (see catalogue pg 7 “Bidding increments”). The bidding is always done in your favor. Bids not corresponding to our bidding increments are automatically increased to the next increment.
  4. The buyer’s premium is 23,8% of the hammer price; an additional charge of 2,38 euros  per lot plus any shipping costs. All items are subject to different taxation according  25a UStG; no VAT becomes due. This regulation only applies for customers in the EU. For our Swiss customers and customers outside the EU the regulations of Stade Auktionen GmbH, Bärmeggenweg 6, CH-4314 Zeiningen apply www.stade-auktionen.ch
  5. The purchase order contract between the auctioneer and the buyer becomes valid with the knockdown. At the moment of knockdown all risks concerning losses or damage are at the responsibility of the buyer. In case of bidding for a third party, both buyer and third party are liable. Bidders receive a pre-payment invoice that is due to immediate payment. The ownership of the auctioned goods will only be transferred to the buyer when full payment has been effected.
  6. The awarded lots are due to payment within 5 days upon receipt of the auction invoice. Alternatively the buyer can confer a SEPA direct debit mandate in favour of Stade Auktionen GmbH & Co. KG. The direct debit procedure will be effected in full within 10 days upon receipt of the auction invoice. The term of pre-notification will be within 2 days. Sufficient funds have to be ensured by the buyer. All costs for negative bookings or non-payment will be at buyer's expense unsless having been caused by Stade Auktionen GmbH & Co. KG. If payment has not been effected 3 weeks after the auction at the latest, the auctioneer may demand the non-performance and take legal action. (€ 5,- reminder fee and 1,5% of the invoice amount will be charged).
  7. Should the obligatory acceptance be refused, the auctioneer can decide whether after a set period, compensation will be charged due to non-fulfilment. The damages can be regulated in such a manner that the lots are taken into a future auction and the debtor is charged the difference between the knockdown bid and the previous bid as well as the costs connected with this transaction, including the charges of the auctioneer. There is no demand for higher realizations.
  8. The auction lots have been described carefully and conscientiously, however the auctioneer cannot be held responsible for any faults or attest the authenticity.
  9. Complaints must be received no later than eight days upon receipt of the lots involved. The lots which are subject of the complaint must be submitted in their original condition and the contents must be unchanged, otherwise no complaints will be permitted.
  10. The lot numbers and bids must be entered properly on the bid form and are to be rechecked for correctness by the bidders. No complaints will be accepted due to incorrect lot numbers or bids in the bid form.
  11. Any claims against the supplier or the auctioneer must be received within six weeks after the auction.
  12. Collections or collective lots are excluded from complaints.
  13. Lots will not be shipped for previewing.
  14. Until the auction takes place, the auctioned goods are locked away at our business premises at Markgrafenstraße 5, 79639 Grenzach-Wyhlen, Germany. The auctioned goods may be viewed at our office up to around 2 weeks before the auction, by prior telephone notification.
  15. The auctioneer reserves the right to exclude people from the auction without giving any reason. The auction terms are binding for suppliers, auction participants and bidders, without written acceptance. By the submission of written bids, on issue of purchase contracts or for bidding personally at the auction, our general auction conditions are recognized and accepted.
  16. The area of jurisdiction is Lörrach, Germany and the place of fulfilment is Grenzach-Wyhlen, Germany. The contract of auction is subject to German law.

Consignment Conditions

Please note that this translation is provided for information; only the German text of "Einlieferungsbedingungen" is mandatory.

  1. The seller can only consign sale items which he/she legally owns.
  2. Consignments are accepted at any time and will be sold at the possible forthcoming auction.
  3. The starting price will be fixed by the auctioneer according to market conditions.
  4. The auctioneer has the right to accept bids of up to 20 % lower than the starting price.
  5. For every lot withdrawn from the auction, a compensation of 100 euros per hour for examination and appraisal - at least 100 euros - are at the consignee's charge.
  6. Sales commission is 22% of the hammer price. For a total hammer price up to 500 euros the sales commission is 30%. In addition, the consignee has to pay the postage for each possible return parcel (plus VAT). We charge a processing fee of EUR 2.50 per lot for goods (except for single lots of postcards)..
  7. The auctioneer cannot be held responsible for the auction goods. At the consignee's expense, the auctioneer takes out a special full coverage insurance policy costing 1% of the total amount of the consignment.
  8. For every lot withdrawn from the auction after publication in the printed or online catalogue, a compensation of 20% of the starting price and a lot fee of 25 euros - at most 300 euros - will be due.  Fees for necessary estimations of auction goods will be charged separately by prior agreement with the consignee.
  9. Final payment will follow 6-8 weeks after the auction.
  10. For rare items and special consignments, advance payment is possible.
  11. The area of jurisdiction is Lörrach, Germany. The contract of auction is subject to German law.
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Terms and conditions for live auctions:

 

Preliminary remarks:


The portal www.philasearch.com provides users with the ablility to make orders and place bids auctions with our trade partners through the internet. If you are interested in this option, you will have to complete a special registration first for each particular auction at PhilaSearch. The registration is subject to the following terms and conditions.

 


By clicking the checkbox at the end of the terms and conditions you accept the following conditions and you conclude a contract with PhilaSearch.com GmbH, Lindenweg 1, 63877 Sailauf for the use of the Philasearch.com website.


You can terminate your licence agreement and the subsequent conditions of participation in writing within two weeks of accepting the agreement . Contact Philasearch.com GmbH, Lindenweg 1, 63877 Sailauf or send an e-mail to the following address service@philasearch.com. However, the right of termination is invalidated as soon as you have place a bid on an auction. Apart from that you can terminate the licence agreement at anytime by sending a written statement to the above referenced address. Comments, questions or complaints can also be sent to the above address.

 

Conditions of participation:


I. General methods of use


1. PhilaSearch allows the registered internet user (named "User") to bid In the auctions of the PhilaSearch trade partners before and during the current auction through the internet. Insofar PhilaSearch acts merely as a carrier and not as a representative or agent for the user. In this respect it is clarified that in the case of a successful bid a contract is exclusively made between the user and the trade partner of PhilaSearch, based on the particular auction conditions of the PhilaSearchtrade partner. The respective auction conditions of the trade partner are shown during completing the special registration process and have to be accepted explicitly by the user in order to successfully complete the special registration.

 


2. Registered users of PhilaSearch can only use the PhilaSearch web page within the current standard of technology. Technical disorders or failure of the power supply, transmission networks, hardwareand software faults, bottlenecks in capacity, safety or service interruptions can affect the utilizationand access of the service. The quickness of the data transmission is dependant on the existing hardware and internet connection of the user. PhilaSearch assumes no liability for a bid arriving in time to the auctioneer.


3. The use of the PhilaSearch services is free for registered users.
 

 

II. Registration, Personal data


1. A user has to complete a form to be registered. The user has to provide all of the requested data/information completely and correctly. This includes first and last name, current address and telephone number, a valid e-mail addressand if applicable, company. If the requested changes after registration the user is required to submit the edits immediately to PhilaSearch.

 


2. The user must state the necessary registration data truthfully. PhilaSearch reserves the right to prohibit users, whose data is incorrect or obviously wrong, as well as users, which have submitted a registration by bypassing the form.


3.Philasearch will relay the personal data provided in the registration form to the particular trade partner who is performing the auction for which the user has registered. The PhilaSearch trade partner has the right to reject any registration submitted via PhilaSearch without a specification of reasons. In the case of rejection, PhilaSearch will delete the registration and inform the user via the e-mail address, provided during the registration.


4. The registration is followed by a confirmation process through PhilaSearch A confirmation code will be sent to the e-mail address of the user.


5. A registration at PhilaSearch is only valid for one auction. If a user wants to participate in additional auctions, a new registration is needed. Once the registration is complete and initialised the user can place bids.
 

III. Copyright, Images


1. All information and images on this portal and the auctions included are copyright-protected property of their respective creators.

2. It is not permitted to download, copy or make use of the aforementioned assets in any way.

 

 

IV. Warranty and liability


1. As there is no contract between PhilaSearch and the user for bids onauctions of PhilaSearch trade partners, PhilaSearch again indicates explicitly that PhilaSearch assumes no liability for the accuracy and completeness of the data provided with the offered articles of PhilaSearch trade partners.

 

 

V. Other


1. The present business conditions including the licence agreement are subject to the laws of the Federal Republic of Germany and without possibility of recourse, the UN-consumer rights laws, as far as the user is an entrepreneur. If the user is a consumer, the business conditions including the licence agreement are subject to the laws of the Federal Republic of Germany, especially consumer protection regulations.

 


2. In the event that one of the above terms and conditions is effectless, due to a conflicting law or regulation, the remaining terms and conditions will remain valid.

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