Terms of posting
Updated: November 2018
1. The consigned material is entrusted property and remains the property of the consignor until it is knocked down.
2. the description of the consigned material is made with the utmost care, but without obligation for the auctioneer. However, the auctioneer is liable for intent and gross negligence. The division of the consigned material into lots and the grouping within the auction catalog is made on the basis of comprehensive market knowledge and is exclusively the responsibility of the auctioneer.
Auctioned items will always be returned in the presentation made by the auctioneer. Commodities, such as albums of any kind, slipcases and related items, are considered packaging material. A return, even of unsold lots, cannot be guaranteed.
3. The auctioneer reserves the right to exclude delivered material from the auction in whole or in part if it turns out that the information provided by the consignor does not correspond to the facts, or if forgeries or other manipulations have been detected. In this case, compensation for the consignor is excluded.
4. The consigned material shall be stored with the utmost care and shall be insured at the Consignor's expense against burglary, fire, mains water and storm from the time of takeover in the amount of the call price less the agreed commission. The call price represents the maximum limit of indemnification. Before the auctioneer determines the starting price, the provisional insured value at the time of takeover shall be deemed to be the maximum limit of indemnification.
5. The auctioneer is authorized to examine the consigned material himself or have it examined by third parties for authenticity and state of preservation and, if necessary, to have expert opinions (photographic certificates or findings) prepared. The examination will be carried out by experts, e.g. of the BPP (Association of Philatelic Examiners), the A.I.E.P. (Association International des Experts Philatéliques), comparable institutions or independent examiners. With his order, the consignor agrees that the examiner will take the necessary measures for the examination as recognized by the guidelines of the respective association. This also includes the identification of forgeries, falsifications and repairs. The validity of the testing regulations of the respective examiner is expressly acknowledged by the consignor. Any inspection costs and all related expenses shall be borne by the consignor. The expenses include: Postage, packaging, transport insurance, preparation of photocopies, etc. The inspection fees will be charged to the consignor at cost price and will be disbursed until final settlement.
The auctioneer is authorized to charge the consignor interest at the usual bank rates from the time the inspection fee is incurred until the final settlement.
6. in case of a complaint about the goods by the buyer, the auctioneer is authorized to arrange or approve the inspection by the BPP or comparable institutions, especially in the case of a dispute. In the event of a justified complaint arising therefrom, the Consignor shall bear the inspection costs and all related expenses.
7. In the event of a justified complaint, the Auctioneer shall be obliged, in accordance with its General Auction Terms and Conditions (AVB), to take back the goods from the Purchaser with reimbursement of the purchase price. Any proceeds from these goods already paid out to the Consignor shall be due for repayment immediately. This shall apply mutatis mutandis to the non-repayment of advance invoices by the successful bidder.
8. Pursuant to GCS item 5, claims of any kind - in particular the right of complaint pursuant to item 4 - against the Auctioneer and the Consignor shall become statute-barred upon expiration of three months, beginning with the first day of the calendar month following the month of the auction. In the relationship between the auctioneer and the consignor, all claims shall become time-barred three months later.
9. The auctioneer is authorized to undercut the starting prices he has set by 10% in the case of individual lots and by 20% in the case of collections and lots without consulting the consignor (underbidding customary in the trade).
Consignors bidding on their own consigned lots and winning the bid must pay the full commission fee.
10. The auctioneer is entitled to sell consigned material elsewhere within four weeks after the auction at the agreed conditions (return lot and private treaty sales).
11. the settlement of the auction proceeds shall take place no earlier than five weeks, but no later than twelve weeks after the auction at the agreed conditions.