The following conditions of EPPLI AM MARKT, AUKTIONSHAUS - JUWELIERE e. K. (herein after referred to as EPPLI) apply both to auctions, the after/free sale of auction goods and to all live Internet bidding systems (as of October 2018).
§ 1 Scope
(1) EPPLI auctions or sells in the name and for the account of the consignor (principal). EPPLI shall be entitled to assert all rights of the Vendor arising from the knockdown or purchase in the Vendor's name.
(2) These auction conditions apply to all branches of the company as well as to local auctions and sales.
§ 2 Auction
(1) The auctioned items are used. They will be auctioned in the condition in which they are at the time of the auction.
(2) The objects up for auction can be examined, tried on and inspected before the auction.
(3) EPPLI (as well as the Vendor) shall not be liable for any defects in the items. All information and descriptions of the objects are not warranted characteristics according to § 459 BGB.
(4) The catalogue details serve to present the objects and have been written to the best of our knowledge and belief by the auction house experts. However, they do not represent any guarantee information on the part of EPPLI in accordance with §443 BGB.
(5) The prices quoted are call prices, not estimates.
(6) EPPLI reserves the right not to disclose the identity of the Consignor.
§ 3 Bids, Bidding Orders
(1) The Auctioneer is entitled to exclude persons from the auction. The exclusion does not require any justification on the part of the auctioneer.
(2) The auctioneer may combine, separate, withdraw or call lot numbers out of sequence. It decides on the acceptance or rejection of a bid.
(3) Written and online bids must be received one day before the auction date.
(4) The knockdown shall be awarded to the highest bidder after the highest bid has been called three times. The hammer price already includes a premium of 27%.
(5) With the submission of a written, telephone or personal bid and its knockdown, an irrevocable purchase contract is concluded which obliges the buyer to accept and pay the knockdown price.
(6) If there is a disagreement about the knockdown or if a bid has been overlooked, the auctioneer shall decide whether he declares the knockdown invalid and calls up the item again.
§ 4 Final price, taxes
(1) The hammer price includes the surcharge of 27%. The premium includes the statutory sales tax, which is not shown due to the application of the differential taxation according to § 25a UstG.
(2) The standard taxation shall continue to apply to all goods which do not fulfil the requirements of § 25a UstG.
§ 5 Telephone bidders and online bidders
(1) If there is a written order, telephone bidders shall be contacted by telephone before the desired object is called. EPPLI does not guarantee the establishment of a telephone connection. The bidding steps of the telephone bidder are binding and are carried out by our employees on behalf of the bidder.
(2) In the case of surcharges on online cooperation platforms, sales commissions may be added if these are shown on the website of the cooperation partners.
(3) Likewise, EPPLI does not guarantee the technical possibility of an Internet connection or the timely transmission of bids during an ongoing auction.
§ 6 Liability, Warranty
(1) EPPLI is not liable for errors. The liability is limited to intent and gross negligence of the company, as well as all employees and vicarious agents (e.g. defects in title, non-performance, impossibility, culpa in contrahendo, tort).
(2) Claims for warranty on the part of the purchaser due to material defects of the auctioned object are excluded.
§ 7 Reservation of title, transfer
Once the bid has been accepted, all risks shall pass to the successful bidder (e.g. risk of accidental loss or accidental deterioration). Ownership shall not pass to the bidder until the surcharge has been paid in full, including the premium.
§ 8 Payment, collection, dispatch
(1) The purchase price is due within 7 days and the items are to be collected within one week (for on-site auctions within 3 days).
(2) The buyer has a claim to the surrender and transfer of ownership of the goods upon payment of the full invoice amount.
(3) In the event of default in payment, a reminder shall be sent and a 3% surcharge for default shall be charged. In the event of further delay, EPPLI may demand either fulfilment of the purchase contract or compensation for non-performance. The items can be recalled in a new auction. Any loss of revenue as well as the costs and fees of the new call shall be borne by the defaulting bidder. The rights of the defaulting bidder from the previous award shall lapse with the new award.
(4) If the buyer is in default with the collection, a fee of 5 Euro plus VAT will be charged per lot and per day for storage. The collection of the stored objects is only possible after date confirmation.
§ 9 Place of performance, place of jurisdiction
Place of performance and place of jurisdiction is Stuttgart. German law applies.
§ 10 Supplement
Catalogue Owners, Auction Participants and Visitors and Buyers shall insure in the post-auction sale - as long as they do not express themselves to the contrary - that they will only use the catalogue and / or the objects described or depicted therein and exhibited in the Auction House from the time of the German Reich from 1933 to 1945 (so-called "Third Reich") for the purposes of civic education, the defense against unconstitutional endeavors, art or science, research or teaching, reporting on current events or history or for similar purposes (§§ 86a, 86 of the Criminal Code). The Auction House and its consignors offer these items only under these conditions and sell them only under these conditions.
Thus the acquisition of objects and books from this period does not constitute a criminal offence within the meaning of Section 86a (1) of the Criminal Code under the above conditions pursuant to Sections 86a (3) and 86 (3) of the Criminal Code. Under these circumstances it is in principle permitted to sell and acquire orders and decorations, which are not listed in § 6 Abs. 1 law about titles, orders and decorations, as well as badges with National Socialist emblems, and this contrary to the provisions of § 6 Abs. 2 law about titles, orders and decorations. Therefore, by letter 4021-2-2 II-23 584/81 dated 18.10.1981, the Federal Minister of Justice informed the then Chairman of the Bundes deutscher Ordenssammler e. V. (Federal Association of German Order Collectors) of the following in which the Federal Minister of Justice had informed the latter of the existence of the Order of the Order of Germany (today: Deutsche Gesellschaft für Ordenskunde e. V.) expressly declares that the acquisition of orders and decorations from the time of the so-called "Third Reich" by serious and organized collectors with the aim of inserting this object into a collection does not constitute a criminal offence within the meaning of the law.
Orders and decorations of the Federal Republic of Germany and its federal states, as well as their miniatures, ribbon bridges, buttonhole loops and ribbon buckles, may be given according to § 14 Abs. 3 law about titles, orders and decorations only to entitled persons. In addition to the beneficiaries, all those persons in possession of a collective license are also deemed to be entitled. On request, this collective license is issued by the competent authority in each case, whereby the responsibility for this is regulated differently in the individual federal states. According to the commentary on the Act, the competent authority may refuse to grant such approval only for serious reasons. With a bid on orders and decorations of the Federal Republic and its federal states, their miniatures, ribbon bridges, buttonhole loops and ribbon buckles, the customer assures to be in the proper possession of such a collective permission.
§ 11 Salvatorische Klausel
Should conditions be ineffective in whole or in part, the validity of the remaining conditions remains unaffected.
(as of October 2018)