Georg Bühler Nachfolger Briefmarken-Auktionen GmbH

§ 3 Condition Inspection and Description

Items to be auctioned can be inspected and examined before the auction. Descriptions of auction lots are made carefully to the best of knowledge and belief but do not constitute legal guarantees. By placing a bid on already signed or certified lots, the provided verification marks or certificates are acknowledged as authoritative. If lots are bid on subject to evaluations by other experts, this must be indicated to the auctioneer with the bid. Requests for examinations of untested brands must be communicated to the auctioneer with the bid. Terms like "magnificent," "cabinet," "luxury," etc., represent the auctioneer's subjective opinion and do not constitute a description of quality in a legal sense.

§ 4 Hammer Price

The hammer price obliges the buyer to accept the items. Shipping of the purchased lots is at the buyer's expense. Until full payment is received, the lots remain the property of the seller.

§ 5 Risk Transfer

The risk of deterioration or accidental loss of the goods passes to the buyer if the buyer is in default of acceptance. If the goods are shipped at the buyer's request, the risk of deterioration or accidental loss of the goods passes to the buyer upon delivery of the item to the carrier, freight forwarder, or other person designated to execute the shipment.

§ 6 Representation

Anyone bidding on behalf of others is liable jointly with the third party as a principal debtor.

§ 7 Payment

Unless a special agreement is made and payment is not made immediately or at the latest 14 days after receipt of the invoice, or if acceptance is refused, the buyer loses their rights from the hammer price. The lots may be sold privately or re-auctioned at the buyer's expense upon notification. In this case, the defaulting buyer is liable for a minimum return and for the costs of the repeated auction, including the auctioneer's fees. The defaulting buyer has no claim to any additional proceeds. We reserve the right to charge 1% interest on overdue payments per commenced month. The auctioneer may collect and sue for purchase prices, purchase price arrears, and ancillary services in their own name.

§ 8 Special Provisions for Consumers

1. If the buyer is a consumer within the meaning of § 13 BGB, § 8 of these auction terms applies.

2. If the items are used, the provisions on consumer goods purchases (§§ 475 ff. BGB) do not apply in accordance with § 474 (2) sentence 2 BGB. Comprehensive information on this is separately printed under the heading "Notice on the Inapplicability of the Provisions on Consumer Goods Purchases (§§ 475 ff. BGB)."

3. If the goods are used, the buyer’s claims expire within 12 months after receipt of the goods.

4. Notwithstanding the above provisions and the following liability limitations, there is unlimited liability:

   a) for claims arising from injury to life, body, or health based on a negligent breach of duty by the seller or a willful or negligent breach of duty by a legal representative or vicarious agent. b) for claims based on a grossly negligent breach of duty by the seller or a willful or grossly negligent breach of duty by a legal representative or vicarious agent. c) in cases of intent or fraudulent concealment of a defect or if the seller has assumed a guarantee for the quality of the item. d) for claims under the Product Liability Act. e) where the law mandates longer periods.

5. Further liability for damages is excluded regardless of the legal nature of the asserted claim.

§ 9 Special Provisions for Merchants

1. If the buyer is a merchant within the meaning of § 14 BGB, § 9 of these auction terms applies.

2. The risk of deterioration or accidental loss of the goods passes to the buyer if the buyer is in default of acceptance. If the goods are shipped at the buyer's request, the risk of deterioration or accidental loss of the goods passes to the buyer upon delivery of the item to the carrier, freight forwarder, or other person designated to execute the shipment.

3. If the goods are used, liability for material or legal defects is excluded.

4. Claims by the buyer against the auctioneer or the consignor expire within 12 months after receipt of the goods.

5. Notwithstanding the above provisions and the following liability limitations, there is unlimited liability:

   a) for claims arising from injury to life, body, or health based on a negligent breach of duty by the user or a willful or negligent breach of duty by a legal representative or vicarious agent. b) for claims based on a grossly negligent breach of duty by the user or a willful or grossly negligent breach of duty by a legal representative or vicarious agent. c) in cases of intent or fraudulent concealment of a defect or if the user has assumed a guarantee for the quality of the item. d) for claims under the Product Liability Act. e) where the law mandates longer periods.

6. Further liability is excluded regardless of the legal nature of the asserted claim.

7. The place of performance and jurisdiction is Berlin.

§ 10 Binding Nature of Written and Telephone Orders

Written and telephone purchase orders are executed diligently and in accordance with the auction rates (§ 2), but without guarantee. Bids such as "best," "highest," "at all costs," or similar do not establish an unconditional right to the hammer price.

§ 11 After-Sale

The above provisions also apply accordingly to the after-sale of lots that were not sold in the auction.

§ 12 Severability Clause

If any of the above conditions are wholly or partially invalid, the validity of the remaining conditions is not affected.

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