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 only accepted containing full address and signature and by
PDF.-document) 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 and bids are binding. Errors (illegibility!) 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 (catalogue limit and/or your minimum bid must be €100!) 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. 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. Payment by Paypal is only possible when it was declared before bidding (have a look to form “written auction order” at the end of the catalogue). In this case there is a handling charge. It will be included in the forwarding costs (Versandkosten) 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 packaging and 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 2 weeks.
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