General auction ToS - classicphil gmbH

General auction terms and conditions

of the classicphil GmbH (FN 499408 z)
Dorotheergasse 10/14-15 | 1010 Vienna | Tel.: 004318900638 | Fax: 004318900641
E-Mail: office@classicphil.com | web: www.classicphil.com
following referred to as „auctioneer“

The company operates as an auctioneer of philatelistic stamps that are given to for voluntary and public auction. The auction may take place commission-wise in the name and for the account of the consignor.
The printing graphics on the stamps are to be regarded as historical time documents, not referring to the national or religious context. It is sold only for research reasons in a historic context. Images of the auction lots in the auction catalogues or on the Internet express NO religious or political statement. The general auction terms and conditions apply always and alone. No terms of other companies, even they are connected to the auctionprocess, can overrule them.
The currency of the estimates and starting prices is the EURO (€).

1. The pre-auction phase
1.1. Registration for participation
1.1.1. Unlimited contractually admissable natural persons and legal entities must provide their master data and prove their identity during the required registration. This registration is only necessary for the first time they wish to participate in auctions organized by the auctioneer. The master data has to be kept up to date. The auctioneer is not responsible for any damage or harm caused by old data.
1.1.2. By registering, they simultaneously submit to the present auction conditions of classicphil GmbH.
1.1.3. Contrary or supplemental provisions of external (general) terms and conditions are, even with the knowledge of the auctioneer, only valid in the form of a separated written contract.
1.1.4. Anyone intending to bid on behalf of third parties must disclose their representative status prior to the auction. If there is no disclosure of a granted authorization granted, the contract of sale will be concluded with the bidder who becomes sole binding sales contract partner.
1.1.5. The auctioneer has the right to reject applications for registration without giving reasons.
1.1.6. The registration as the first-time bidder is carried out by the filling out the bidding form and the showing of a proof of identity by presenting a photo ID or copy of a photo ID (driving licence, passport, …).
1.2. Disclosure of identity to third parties
1.2.1. Any personal data of the bidder collected during the course of the registration will be kept confidential unless he agrees to a disclosure or there is a legal obligation to provide information.
1.2.2. However, the auctioneer is entitled to disclose the personal data of the highest bidder (name, address, telephone number, e-mail address, etc.) to the consignor of the auctioned items. The bidder explicitly agrees to such data transfer.
2. Auction transaction
2.1. Location and date of the upcoming auction
2.1.1. Auctions are always public. However, the auctioneer is also entitled to carry out auctions with a limited group of persons.
2.1.2. The choice of the auction place and the auction date is up to the auctioneer.
2.1.3. The place and time of the public viewing will be announced in the auction catalogues, in the online presence of the auctioneer and if possible in mailings.
2.1.4. The auctioneer appointed by the auctioneer exercises the householder’s right of the auctioneer and is entitled to dismiss and expel persons without giving reasons, from the public viewing, the auction and the auction place.
2.2. Public viewing of the auction lots
2.2.1. The items to be auctioned will be presented prior the auction, stating the lot number and the price of the auction.
2.2.2. Everybody shall be given the opportunity to check the condition of these objects according to the local conditions, as good as this is possible during the public viewing.
2.3. Bidding procedures and starting price
2.3.1. During the bidding procedure the lots to be auctioned will be announced with the lot number and the starting price. The bidding procedure will be transacted under the inclosure of all prebids and the commissioners.
2.3.2. The auctioneer appointed by the auctioneer is entitled to determine the course of the auction, in particular
(a) to withdraw a lot if it is miss labeled, or if the authenticity is in doubt or if the item is suspected to be stolen, misappropriated or smuggled; or
b) to newly announce a lot that has already been knocked down.
2.3.3. The auctioneer is also entitled to change starting prices or lot descriptions, to separate items, to unite, to withdraw and to carry out the auction differently from the order of the lot numbers.
2.3.4. If no offer is made, the item will be withdrawn. However, the auctioneer may announce the item again at the same auction at a lower starting price.
2.3.5. The starting price depending on the bid steps is approx. 8-50% of the estimated price.
2.4. Bidding procedure
2.4.1. Each bidder will appear in his own name, unless he has disclosed his representative status at registration.
2.4.2. By submitting a bid, the bidder confirms that he has inspected the item prior to the auction and has verified its conformity with the description.
2.4.3. Bids are to be made in a clear way. The bid is made in the hall by lifting the bid card.
2.4.4. The auctioneer is entitled to refuse bids without giving reasons, in particular if there is reason to be concerned that a bidder will not pay his bid.
2.4.5. In any case, a bid submitted binds the bidder until the knock-down bid has been awarded to the lot concerned. If the auctioneer cancels a knock-down bid (see point 2.3.), the bidder must declare the mantainance of his last bid.
2.4.6. Agreements between the bidders, according to which someone promises not to appear as a bidder or bid only up to a certain price or otherwise according to a given scale or not bidding at all, are prohibited. The auctioneer is entitled to exclude offending bidders from the auction. The parties involved in such agreements are held responsible for all damages caused by the prohibited agreement.
2.5. Commission agents
2.5.1. The online service provider PHILASEARCH is a commission agent to the bidder and the auctioneer is not accountable for the availability, completeness, accuracy and timeliness of the information and information provided by PHILASEARCH or for the trouble-free functioning of the service offered.
2.5.2. Further analog present commission agents will be announced on the homepage of the auctioneer. These are responsible for the trouble-free serice offered not the auctioneer.
2.5.3. The auctioneer has the right to refuse bids from unannounced comission agents.
2.6. Telephone bidding
2.6.1. A telephone bidding is possible for registered bidders on items with a starting prices of 380 €.
2.6.2. During telephone bidding no liability is assumed for connection errors. The auctioneer assumes no accountablity for damages due to the failure of a telephone connection or due to technical defects during the bidding procedure.
2.7. Written bidding orders, bidding by fax or e-mail
2.7.1. Registered bidders who can not or do not want to personally participate in the auction have the opportunity to submit bids by submitting a completed form „Written bid order“.
2.7.2. The transmission of a written bid order must be made to the postal address given above or by fax to the fax number +4318900641 or by e-mail to the address office@classicphil.com.
2.7.3. The purchase limit must be given numerically in Euros, orders such as „best“ or „must buy“ are taken into the bidding process up to the next step above the estimate (maximum marketprice).
2.7.4. Written bids must reach the auctioneer at least 12 hours before the start of the auction. Orders with the same bidding limit will be considered in the order of their arrival. In case of simultaneous bids the random lot decides.
2.7.5. Failure of the bidding steps will be rounded up to the next highest step.
2.7.6. The knock-down price is one bid step above the maximum bid of the counterparty unless a higher bid is made by a further bidder. In the case of equal bids the first bid submitted gets knocked-down.
2.7.7. The auctioneer accepts no liability for damages that are based on the fact that due to technical defects, bids that are transmitted by e-mail are not or not processed in time and are thus not taken into account.
2.8. Bid steps / sub-bids
2.8.1. Steps of bidding: < 100 € by 10 € | 100 € < 400 € by 20 € | 400 € < 800 € by 50 € | 800 € < 2,000 € by 100 € | 2,000 € < 5,000 € by 200 € | 5,000 € < 20,000 € by 500 € | 20,000 € < 30,000 € by 1,000 € | 30,000 € < 100,000 € by 2,000 € | € 100,000 < by € 5,000
2.8.2. Bids below the starting price (sub-bids) will not be accepted.
2.9. Knock-down bid/hammer price
2.9.1. The knock-down bid is based on competing transparent bidding process.
2.9.2. If there are no competing bids and only the starting price is offered, the starting price is the knock-down bid.
2.9.3. If there are doubts to whom the bid has been knocked-down, if a bid has been overseen, if there are disagreements over a double bid or if the auction manager has overlooked a bid or in other unclear cases, the auctioneer can cancel a knock-down bid and auction this item again.
2.9.4. With the knock-down bid a sale contract between the auctioneer and the highest bidder is finalized. The high bidder accepts this and has to pay. Those who offer for third parties are jointly and severally liable to them.
2.9.5. With the knock-down bid all risks concerning the lot passes on to the knock-down bidder. Until full payment, the lots remain the property of the consignor.
2.10. Knock-down bid cancellation
2.10.1. The cancellation of a knock-down bid is procedured during the auction if there are disagreements about the bid, if a bid was overlooked or unrecognised or otherwise ignored, or if the auctioneer was in doubt about the existence or non-existence of a bid.
2.10.2. In case of a cancellation of the winning bid, the auction manager is entitled to give the winning bid to the second highest bidder for his last bid, if this bidder confirms that. The auctioneer is also entitled to offer the item again in the same or a later auction.
3. Payment and shipping
3.1. Invoice and payment
3.1.1. The auctioneer will mail, hand over or send an invoice for the purchase price (hammer price plus buyers premium and lot fee(s)) plus shipping and handling fee for postage, packaging, insurance and upcoming taxes.
3.1.2. The buyer is obliged to pay the full purchase price invoiced in such a timely manner that it is credited to the account of the auctioneer within a maximum of fourteen days from the invoice date. There is no way that the knock-down bidder can exclude himself from his liability, only he has announced bidding for a third party at the registration for particicpating at the auction.
3.1.3. A cash payment is exceptionally possible and only for amounts over € 10,000 through a direct deposit into the bank account of the auctioneer. The bank of the auctioneer must present an identity card or passport as part of the cash payment.
3.1.4. Credit card payments can be made online on-site. After payment, the goods are handed over. To prevent reverse charge shipment can be delayed up to 25 days.
3.1.5. If the term of payment is exceeded according to point 3.1.2, default interests are charged of 60 points above the 12/Month/EURIPOR. The auctioneer is also entitled to charge storage fees.
3.1.6. The payment must be made in Euros. Exchange charges, bank charges and transfer charges are at the expense of the buyer. It is not possible to make any price reductions.
3.2. Pickup, shipping
3.2.1. The pickup of a purchased auction lots requires a separate agreement. In the case of an exceptionally paid cash payment (cf. 3.1.3.). The proof of payment must be presented to the auctioneer befor the lots are handed over.
3.2.2. The shipment of the purchased item will be carried out after receipt of payment. If, after an exceptional agreement, the delivery of an item takes place before payment of the full purchase price, the auctioneer retains title to the delivered item until full payment of all claims under the purchase contract.
3.2.3. Shipping is without exception insured.
3.2.4. Individual transport requests of the customer will be charged at customers costs.
3.2.5. Partial payments do not result in shipping. Only with full payment of the invoice amount the lots will be shipped.
3.3. Only valid for EU citizens
3.3.1 For auction lots originating from third countries (i.e.,
outside the European Union) and sold to customers within the EU, an additional
import commission of 7% of the hammer price shall be charged. Such lots are
marked with a black dot in the auction catalog. This marking and the corresponding
import commission apply exclusively to buyers located within the European Union
and do not apply to buyers outside the EU.
4. Default in performance
4.1. Delay of the buyers payment
4.1.1. If the buyer is in default of payment, the auctioneer has the right to withdraw from the purchase contract by setting a reasonable period of time (§ 918 ABGB).
4.1.2. The auctioneer is in this case entitled, but not obligated, to conclude a purchase agreement with a losing bidder or to re-auction the object of purchase in a later auction. In such a re-auction, the item can also be offered at a lower starting price regardless of the knock-down bid made at the first auction. The defaulting party is liable for the loss of purchase price as well as any expenses and interest and other consequences of the default. The former buyer has no claim of an profit from the so auctioneered lot.
4.2. Defects / Complaints
4.2.1. The control process from the buyer of the received auction lots has to take place immediately.
4.2.2. Complaints concerning errors which were able to be seen from the image of the purchased item or during the publice viewing due to 2.2. (Cut, perforation, stamp, centering, etc.), can not be made the subject of a complaint and do not establish any claims whatsoever against the auctioneer and the consignor.
4.2.3. In the case of mis-descriptions which are not apparent from the images and the available data and which (see 2.2.) were not recognizable in the public viewing (description error, authenticity of the pieces and hidden faults which cannot be seen on the scans). The complaint period is 30 days after the auction lots were received.
4.2.4. The auctioneer and consignors are not liable for slightly negligence caused damages.
4.2.5. Complained lots must be returned in their original condition and with the original lot card.
4.2.6. If a complained lot has damages that were demonstratable not present at the time of the scan procedure, a refund is not possible after the auction lots were handed over or received.
4.2.7. The refund takes place after receipt of the original lot and the consultation with the customer within 10 days via bank transfer.
4.2.8. In the event of damage during transport, settlement must be carried out via the transport insurance contracted by the auctioneer. The appropriate documents must be hand over for the damage documentation. Otherwise a purchase price refund cannot be guaranteed. This also applies to transport loss.
4.2.9. A replacement of the goods is not possible due to the unique condition of the auction lots.
4.2.10. Direct processing: Complaints are generally settled on behalf of the consignor. It remains to the auctioneer to direct the claimants against the consignor. In any case, this right can be exercised if the consignor has already been accounted.
4.2.11. As an auctioneer of movable goods announced bidding with a reservation subject of certification cannot be accepted.
4.2.12. In the event of a legitimate complaint, attest fees will be refunded upon presentation of the negative certificate and the experts invoice up to the amount of 3% of the hammer price.
5. Fees, tariffs and buyers premium
5.1. The auctioneer charges fees for its activities according to its tariff regulations. This can be found at TERMS OF RATES AND TARIFFS on www.classicphil.com, in the current auction catalogue according to the general auction conditions or displayed in the auction hall.
6. Post-Auction Sale
6.1 A post-auction sale shall not take place unless it is announced.
7. NS (Nazi) Representations
7.1 The Auction House expressly dissociates itself from any National Socialist, extremist, or anti-constitutional ideology. The auction or display of objects or pictorial material referring to National Socialism is conducted exclusively for purposes of historical clarification, research, or collecting.
7.2 The acceptance of the winning bid (knockdown) may be revoked if there is any doubt that the interest in the object serves historical examination.
8. Final general terms
8.1. Only Austrian law of auctioneering applies. Excluded is the so called “UN-Kaufsrecht”.
8.2. The place of fulfilment is Vienna and the exclusive court of jurisdiction is the court for commercial matters (Wiener Handelsgericht).
8.3. Should any paragraph of these general auction terms and conditions be or become wholly or partially invalid, this shall not affect the legal force of the remaining conditions.
8.4. Any translation of these terms and conditions to another language is a guideline, only the German language version is in force.