AUCTION TERMS
Auction conditions
As of November 1st, 2023 the company:
Auktion-Mitteldeutschland, Inh.: Markus Lenz
Am Sättel 14
98553 Schleusingen
GENERAL INFORMATION
Participation in the auction as a buyer is possible for all registered users. An identity card is mandatory for registration.
In the case of entrepreneurs based outside the Federal Republic of Germany, certified translations of the above foreign-language documents into the German national language are also required as proof at the request of Auktion Mitteldeutschland.
For entrepreneurs outside a state of the European Union, proof is always required:
- a certificate of entrepreneurial status issued by the tax office responsible for the company, whereby the date of issue of this certificate must not be older than 12 months (after the expiry of this period
- to provide an updated certificate); the certificate must contain the following information:
- Address of the responsible tax authority
- full name, registered office and address of the company
- Information about the type of entrepreneurial activity
- Reference to sales tax liability, tax number
- Copy of the ID/passport of the company owner or managing director
The Auktion-Mitteldeutschland (auctioneer) auctions in the name and for the account of a third party (according to Section 383 Para. 3 Sentence 1 BGB in the name and for the account of the consignor (agent)). No auction items that are owned by the auctioneer will be auctioned. The auction is voluntary.
With the knockdown, a purchase contract is concluded between the consignor and the buyer, not between the buyer and Auktion-Mitteldeutschland.
At the same time, the purchase price claim of the consignor against the buyer is transferred to Auktion-Mitteldeutschland by way of assignment.
All vehicles and items are expressly sold in the condition in which they are at the time of auction. Auktion-Mitteldeutschland and the consignor assume no warranty or liability for material defects for the vehicles and auction items.
Auktion-Mitteldeutschland assumes no obligation towards the successful bidder/bidder to inspect the auction items and/or to record and/or document any discrepancies between the consignor's description of the condition and the auction item.
It can generally be assumed that the used vehicles/items have defects and should be inspected at the respective location before bidding.
The Auktion-Mitteldeutschland expressly points out that all auction items for sale are uninspected. It can be assumed that all vehicles and items for sale have already suffered significant previous damage.
All information in the auction catalog (such as technical information, dates, dimensions, years of construction and mileage) is non-binding information from the consignor and is not checked by Auktion-Mitteldeutschland. They are not part of the contractually agreed nature of the auction items. Missing information also does not constitute an agreement on quality.
Misprints and mistakes are reserved.
The information in the auction catalog and in other forms of presentation (e.g. Internet) for the respective vehicles and items, which is generally based on information provided by the consignor (agent), is created to the best of our knowledge and belief. They are not guaranteed properties within the meaning of §§ 459 ff. BGB, but are fundamentally to be viewed as an expression of opinion and not as a statement of fact. Information of any kind, be it oral or written, only expresses a subjective assessment of Auktion-Mitteldeutschland and does not constitute a different individual agreement, guarantee or quality agreement. If other forms of presentation are used in addition to the auction catalog, only the textual information contained in the auction catalog is relevant, not images. We reserve the right to correct catalog information during the auction.
The state of preservation is not consistently mentioned in the auction catalog, so missing information does not constitute an agreement on quality. Damage is only mentioned in the auction catalog if, in the opinion of the Auktion-Mitteldeutschland (auctioneer), it significantly impairs the overall visual impression of the auction item. In this respect, the lack of evidence of repairs, restorations, additions or other measures to the auction item does not mean that the item is in perfect condition.
The Auktion-Mitteldeutschland strongly points out that bids should only be submitted if you as the bidder agree to these conditions and accept them in full.
Any reservations or contradictory terms and conditions against the auction conditions of Auktion-Mitteldeutschland will not be accepted.
By participating in the auction, each participant accepts the general terms and conditions / auction conditions.
The buyer/bidder acknowledges the legally binding nature of these General Terms and Conditions/Auction Conditions when registering for the first time with Auktion-Mitteldeutschland. Furthermore, the buyer/bidder accepts these auction conditions:
- By participating in the auction,
- by logging in to the Auktion-Mitteldeutschland website and
- again every time you log in to an online auction.
SPECIFIC NOTES
By participating in the auction, the following conditions are accepted:
1. Participation in the auction is only possible after successful registration as a buyer/bidder via our website (https://www.auktion-mitteldeutschland.de).
2. The registration is free of charge and is carried out by providing the complete data requested by Auktion-Mitteldeutschland. Participation in the auction as a buyer is possible for all registered users. An identity card is mandatory for registration.
3. Auktion-Mitteldeutschland is entitled to refuse or withdraw admission without giving reasons. Admission will be refused or revoked in particular if the following conditions are met:
- Incorrect or missing information when registering,
- Delay/non-fulfillment of contractual performance obligations,
- legal disputes with the auction Central Germany,
- Violations of the auction conditions of the Auction Central Germany,
- Objection to these and/or changed auction conditions of Auktion-Mitteldeutschland,
- insolvency proceedings filed or opened against the buyer's assets or in the event of dismissal of insolvency proceedings over the buyer's assets due to lack of assets,
- Failure to provide further documents requested by Auktion-Mitteldeutschland,
- improper behavior towards employees of Auktion-Mitteldeutschland,
- proven or suspected act of deception in connection with the submitted documents or identity as well as any other unlawful behavior,
- in the event of late payment of purchase prices for which the buyer is more than 30 days in arrears,
- Contacting a consignor that has not been coordinated with and approved by the auctioneer.
5. Auktion-Mitteldeutschland can request proof of commercial activity or further documents from an approved buyer/bidder at any time. The registered user must notify us immediately of any cancellations or changes. He is obliged to immediately notify the Auktion-Mitteldeutschland in writing of any data changes and any revocation of any power of attorney that may arise after his registration.
6. In the event of loss of the password or alleged third-party use of the password by a third party, the burden of proof of not having bid lies with the buyer; a mere assertion is not sufficient here.
The buyer/bidder is also liable for technical errors that fall within his sphere or whose causes remain completely unexplained. The person in whose sphere the disputed technical error falls bears the burden of presentation and proof. The inability to explain or prove the cause of the error is the responsibility of the buyer/bidder.
7. The registered user is entitled to unsubscribe from Auktion-Mitteldeutschland in text form at any time with immediate effect.
8. If the registered user has not yet used the services of Auktion-Mitteldeutschland, he can also revoke his registration with Auktion-Mitteldeutschland in text form within two weeks.
9. All vehicles and items are sold in the condition in which they are at the time of auction. The buyer (bidder) acknowledges that any subsequent complaint is excluded and that Auktion-Mitteldeutschland assumes no liability for quality, condition, completeness, obvious or hidden defects, other damage or special properties. Technical information/data, measurements or weights and years of manufacture are non-binding. Listings of vehicles and items are created carefully and to the best of our knowledge. No liability is accepted for any typographical errors.
a) Liability for material defects is excluded, as is liability for deviations of the vehicle/item from the information in the auction catalog.
b) Vehicles/items are auctioned in the condition in which they are at the time of the auction or the knockdown.
c) As already stated, Auktion-Mitteldeutschland is not the owner of the auctioned vehicles/items and assumes no liability for a specific condition or characteristic of the vehicle/item.
d) Likewise, Auktion-Mitteldeutschland assumes no liability for the accuracy and completeness of the consignor's information. This applies in particular to information about a specific condition or property of the vehicle/item and its equipment or accessories. The consignor is solely liable for this information, taking into account the agreed exclusion of liability for material defects.
e) The vehicles/items included in the auction are not subjected to any technical inspection by Auktion-Mitteldeutschland, nor for previous damage, accidents, etc., which may have been repaired or remedied in whole or in part. The buyer accepts that the Auktion-Mitteldeutschland does not know whether the vehicles/items offered in the auction had any damage or accidents, unless and to the extent that the consignor has not informed this in advance.
f) Likewise, there is no comparison between the vehicle/item and the information/photographs/videos provided by the consignor. However, if Auktion-Mitteldeutschland is aware of previous damage, it will indicate this previous damage in the description of the vehicle/item for the auction.
10.The Auktion-Mitteldeutschland (auctioneer) has the right to change the order stated in the auction catalog at any time, to separate, combine or withdraw auction numbers, to award the contract conditionally or to reject bids that are considered too low. The Auktion-Mitteldeutschland (auctioneer) has the right to query individual bids or to ask interested bidders to submit bids. For legitimate reasons, the Auktion-Mitteldeutschland (auctioneer) can reject a bid.
11.The currency used for the auctions is Euro (€). The amount of the bid increments is usually €50, €100 or €200 and is determined by the Auktion-Mitteldeutschland at its discretion.
12. Auktion-Mitteldeutschland reserves the right to remove vehicles and items from an ongoing auction, even if bids have already been submitted for these auction items - e.g. online. This does not give rise to any claims for the bidder.
13. The highest bidder will be awarded the contract after the end of the auction period for the respective vehicle/item. If there are doubts about a winning bid, the auctioneer can re-offer. In all cases, the auctioneer's instructions alone apply.
14. The acceptance of the highest bid is plus the auction fee, the so-called premium, and obliges the buyer to immediately pay the purchase price including the premium (if a payment deadline is not specified).
15. All prices are in euros plus a surcharge of 17% plus the currently applicable statutory sales tax in the amount of 19% on the premium.
16. The amount of the minimum bids is determined by the auctioneer at his discretion for the entire auction.
17. Invoices will be sent to the email address provided immediately after the auction. After payment has been received, you will receive a collection slip from us for the auctioned vehicle/item. When collecting the goods, the collection slip must be presented and, when collecting the goods, an appropriate power of attorney must also be presented. Collectors without a collection slip/authorization will be turned away.
18. Auktion-Mitteldeutschland takes over the invoicing and debt collection for the consignor, who is the seller of the auction item. Auction Central Germany will send the buyer an invoice for the purchase price including the premium. However, Auktion-Mitteldeutschland does not assume the collection risk for the seller/consignor.
19. Payment of the total claim must be made to Auktion-Mitteldeutschland (auctioneer) no later than 3 working days after the contract has been awarded (or after the invoice has been sent). Cash payment is excluded. If this obligation is not met, the purchased item will be auctioned again. The first buyer will not be admitted. He remains personally liable for the shortfall in proceeds; he has no claim to additional proceeds.
20. The object of purchase is deemed to have been handed over to the buyer when the contract is awarded, with which liability and risk of accidental destruction, loss or damage caused by fire, water, storms, theft and burglary also pass to the buyer. This also and especially applies to accessories.
21. The consignor's ownership of the auctioned vehicle/item will only be transferred to the buyer after the complete, irrevocable receipt of the purchase price plus the applicable premium and any other fees incurred (without deductions) on the Auktion-Mitteldeutschland account.
22. The auctioned item will only be handed over after full payment has been made, whereby the prices for each item are ex-location and unloaded. If the collection date is exceeded within the first five working days after the auction, the buyer is liable for all subsequent costs. This means that from the 6th working day after the auction, the buyer will be charged a stand fee per auction item of €20/day plus the currently applicable statutory VAT in the amount of €20/day. 19% has to be paid. From the 10th working day after the auction, the stand fee is €25/day per auction item, plus the currently applicable statutory sales tax in the amount of €25 per day. 19%.
23. If the buyer does not pay the purchase price and/or the auction fees (including the buyer's premium), he will receive another reminder setting a deadline for payment no later than 4 working days after the invoice was issued. In the event of non-payment, Auktion-Mitteldeutschland is entitled to withdraw from the purchase contract on behalf of the consignor no later than 10 working days after the invoice has been issued.
If the auction house withdraws from the purchase contract for the consignor, a case of impossibility also exists for the Auktion-Mitteldeutschland, which leads to the loss of the contractual relationship existing between the buyer and the auction house.
Furthermore, in this case, Auktion-Mitteldeutschland is entitled to auction the vehicle/item again and to invoice the non-paying buyer for any shortfall in proceeds from a subsequent sale of the vehicle/item. The non-paying buyer has no claim to any additional proceeds that may arise from a second auction, and he is also not admitted as a buyer to this further auction.
24. Once the contract has been awarded, the buyer can only withdraw from the purchase contract if the legal requirements are met.
If the buyer nevertheless declares withdrawal from the purchase contract without there being a valid legal reason for this, it is at the discretion of the Auktion-Mitteldeutschland, which in this case must coordinate with the consignor, to either demand fulfillment of the purchase contract or to approve the withdrawal.
If a purchase contract that has already been concluded has to be reversed, the risk of accidental loss or accidental deterioration of the vehicle/item is transferred from the buyer, who bears this risk from the time the hammer is accepted, to the consignor.
25. In the event that the buyer refuses to accept the vehicle/item or does not declare himself at all and therefore there is no acceptance, the buyer will receive a letter of request setting a deadline for collecting the vehicle/item. If the buyer has not picked up the vehicle/item after the deadline has elapsed, Auction Central Germany is entitled, as is the case in the event of non-payment of the purchase price and/or auction fees, to withdraw from the purchase contract on behalf of the consignor and to demand compensation for non-performance.
26. The Auktion-Mitteldeutschland assumes no liability for accidents during viewing and collection.
27. The Auktion-Mitteldeutschland is entitled to collect and enforce purchase money and additional claims in its own name for the account of the client.
28. A bidder who bids on behalf of another (via their registration/account) is jointly and severally liable alongside them.
29. The same conditions apply to any private sale following auctions.
30. Invoices issued during or immediately after the auction must be checked again. Corrections must be reported immediately.
Final provision
The law of the Federal Republic of Germany. The United Nations Convention on the International Sale of Goods (UN Sales Convention/CISG) and the regulations of private international law do not apply. The contract and auction language is German.
Severability clause
If one of the above clauses is invalid, this will not affect the effectiveness of the remaining conditions or these conditions in their entirety. The ineffective clause is replaced by a regulation that comes closest to the meaning and economic purpose of the ineffective clause.
Disruptions to the process due to force majeure
Force majeure, labor disputes, official measures, unrest or riots and other unforeseeable, unavoidable and serious events, including those caused by pandemics or similar, release the parties from their performance obligations for the duration of the disruption and to the extent of its effect. The parties are obliged to adapt their obligations to the changed circumstances in good faith and within reason. Excepted from this is the buyer's payment obligation for an auctioned vehicle/an auctioned item; this obligation must be adhered to as a monetary debt even in the event of disruptions of the aforementioned type.