Terms and conditions
Every bidder who participates in an auction of the auction house Dr. Bernd Mrosk
accepts the following terms and conditions.
It is a voluntary auction. The auctioneer
acts on behalf of another person as far as nothing else is
declared. Own items are not included. They are listed at the beginning of the
catalogue. The seller
number of the auction items indicates the seller. There is no right to know the
name of the seller.
The German version is applicable in regard to
all information. The auction house is not liable for
errors in translation. The descriptions and comments in the catalogue made by
the seller are no
warranted characteristics of the auction items in terms of the paragraphs 459
ff. of the BGB
(German Civil Code). 100% colour accuracy cannot be guaranteed due to printing
techniques. The
descriptions are approximate values rather than warranted characteristics. The
auction house is
unable to guarantee the number of units, the quality, the genuineness, the
manufacturer information
etc. The auction items can be taken a look at prior to the auction at the given
times. They are sold to
the highest bidder in the state that they are in at the beginning of the
auction. The auction house is
not liable for any open or hidden defects or attributes and also not for the
catalogue descriptions
and the written or oral explanations that go with them. This is not true for
deliberate action and
gross negligence. The auction house is furthermore not liable for operative
readiness of the items,
background and value information, age and artistic quality. In principle, all
pictures of the catalogue
are part of the respective article description. That all means that the
acceptance of a bid takes the
exclusion of liability into account. The bidder knows that the auctioneer acts
on behalf of another
person and that it is the seller who is responsible for any possible warranty
claims.
The auction is organised by the auctioneer.
He determines the order in which the auction items are
sold to the highest bidder. The auctioneer is entitled to assemble several lot
numbers and to call
them out together, to separate lots, to change the sequence or to withdraw a
lot. The auctioneer is
furthermore entitled to turn down bids and to exclude persons from the
pre-auction inspection and
the auction itself without giving a reason – especially when the person
disturbed the auction, bid
deliberately or did not pay or fetch the auctioned item.
Every present bidder has to give his/her name
and address prior to the auction. In the case of a
representative, both the bidder and the representative are liable. Written bids
by post or fax (bids by
e-mail are as PDF-document accepted) have to be received 24 hours prior to the
auction. After that
bids might not be taken into account. Written bids have to include the complete
address and the
signature of the bidder. Bidders who have handed in a written bid should ask for
a confirmation of
receipt because there might be problems during the delivery process. Indicated
lot numbers are
binding. Errors are borne by the bidder.
The call starts with the limit price stated
in the catalogue. Underbids are not taken into account. The
price is increased by about 10%. After the third calling of the highest bid the
final bid is accepted. If
several people have made the same bid and there is no higher bid after the third
calling, the winner
is decided by drawing lots. If there is any doubt about whether the bid is
accepted, who the winner
is or whether a valid bid has been overlooked, the auctioneer is entitled to
repeat the acceptance of
the bid or call out the same auction item again. In this case the previous
acceptance of the highest
bid becomes invalid. If you want to object to a previous acceptance, you have to
do that
immediately before the calling of the next auction item. If the highest bidder
does not want his final
bid to be valid, the auctioneer is entitled to accept his bid nevertheless with
all consequent rights, he
can accept the next lower bid or he can repeat the whole call.
Telephone bidders are called back immediately
before the call of the desired position, if they have
bid at least the limit price of the respective item in writing and if they have
given the written calling
order 24 hours prior to the beginning of the auction at the latest by giving the
telephone number and
if necessary the country calling code. If the limit price is higher than €200
the auctioneer bears the
costs for the telephone call. There is no guarantee for being called back. The
auction house is not
liable in case there are any problems with the phone connection.
The acceptance of the bid obliges the winner
to pay and to receive the auction item. The whole
amount is due immediately and has to be paid cash in euro (€) to the firm Dr.
Bernd Mrosk. Another
way of payment, e.g. by cheque, is only possible upon consultation. An unknown
customer will be
asked for the ID and a bank certificate. Cash cards and credit cards are
generally not accepted.
The prices of the accepted bids are net. You have to pay the net price, an extra
charge of 18% and
VAT. The VAT on the extra charge cannot be refunded, even if it is a delivery
abroad because it is
a service in Germany. Invoices owing to written or telephone bids have to be
paid within 10 days
from date of invoice. If there are any exchange losses when paying with foreign
means of payment
within the appropriate time limit, these losses and any arising bank charges
have to be borne by
the buyer and there will be a subsequent billing. There might be incorrectly
issued invoices
because of the overload of work immediately after the auction. A checking and
correction is subject
to change. With the acceptance of the bid the risk of the goods – damage,
decline in value, loss
etc. – is transferred to the bidder.
The ownership of the auctioned item can only
be acquired by the buyer after having paid the whole
amount. The auctioned item will only be delivered after the complete payment. If
it was a written bid
the item will not be delivered before the complete payment has been received on
the account stated
in the invoice. If the buyer is in delay of payment the firm Dr. Bernd Mrosk
charges interest of 1%
per month or part thereof, subject to further claim for compensation. A respite
will not be granted. In
the case of delay of payment or non-acceptance of the auctioned item the
auctioneer is entitled to
demand either the fulfilment of the purchase agreement or a claim of
compensation because of non-
fulfilment. The auction items can be auctioned off again at a later auction. If
this item or these items
are then auctioned off the defaulting buyer loses all rights from the previous
acceptance of the bid.
He is nevertheless liable for any possible lower revenues without having any
claim for any additional
revenues.
The auctioned items have to be collected from
the head office of the firm Dr. Bernd Mrosk upon
consultation with the auctioneer within 14 days after the auction at the latest.
For a delivery you
have to inform the auctioneer in writing. There will be no delivery of
especially fragile objects and
those objects marked as not able to be dispatched in the catalogue. Those items
have to be fetched
by the buyer. In addition to the usual delivery charges there is a cost lump sum
of €1 per lot
number. This cost lump sum will be higher if packaging is much more costly (e.g.
dioramas, affixed
figures etc.). The delivery takes place at the buyer’s risk and cost. It is
highly recommended to
choose insured delivery.
As long as catalogue owners, participants of
the auction and bidders do not state otherwise they
guarantee that they use the catalogue and the offered and depicted items from
the time of the
“Third Reich” only for the purposes of political education, the rejection of
anti-constitutional
attempts, art or science, research or teaching, reporting about current or
historical events or any
similar purposes (paragraphs 86a, 86 StGB (German Criminal Code)). The firm of
Dr. Bernd Mrosk,
its auctioneers and sellers offer and sell these items only under this
condition.
The laws of Germany shall apply excluding the
Uniform Law on the International Sale of Goods
(EKG) and the Uniform Law on the Settlements of International Purchase
Agreements on Goods
(EAG). Place of performance is the address of the auctioneer. Place of venue is
Naumburg/Saale.
These terms and conditions apply analogously
to post-auction sales whose duration is indicated in
the respective current catalogue, otherwise it lasts for 3 weeks.
Severability clause:
The parties agree that if parts of these conditions are held to be
unenforceable, there shall be other
conditions instead which correspond to these conditions and the remainder of the
other conditions
should still apply.
The auctioneer: Dr. Bernd Mrosk