General Terms and Conditions
The following terms and conditions of EPPLI AM MARKT, AUKTIONSHAUS - JUWELIERE e. K. (- hereinafter referred to as EPPLI -) apply to auctions, after /free sale of auction goods and to all Internet live bidding systems. (Status April 2021)
§ 1 Scope of application
(1) ) EPPLI acts as an agent in the name and for the account of a third party, as a commission agent in its own name and for the account of a third party, or in its own name for its own account. EPPLI shall be entitled by the Vendor to assert the Vendor's rights arising from the knockdown or sale in the Vendor's name.
(2) These terms and conditions of auction shall apply to all branches of the company, as well as to auctions and sales on site.
§ 2 Auction
(1) The auctioned items are used. They are auctioned off in the condition they are in at the time of the auction.
(2) The items up for auction may be examined, tried on and inspected prior to the auction.
(3) EPPLI (as well as the Consignor) shall not be liable for any defects of the items. All information and descriptions of the objects are not warranted characteristics according to § 459 BGB.
(4) The catalog information serves the presentation of the items and has been written to the best of our knowledge and belief by the experts of the auction house. However, they do not represent any guarantee information on the part of EPPLI pursuant to §443 BGB.
(5) The prices stated are call prices, not estimated values.
(6) EPPLI reserves the right not to disclose the identity of the seller.
§ 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 or withdraw lot numbers or call them out of sequence. He decides on the acceptance or rejection of a bid.
(3) Written as well as online bids must be received one day prior to the auction date.
(4) The highest bid shall be awarded to the highest bidder after the highest bid has been called three times. The surcharge is already included in the hammer price.
(5) The submission of a bid in writing, by telephone or in person and the acceptance of the bid shall constitute an irrevocable purchase contract obliging the bidder to accept and pay the hammer price.
(6) If there are disagreements about the knockdown or if a bid was overlooked, the Auctioneer shall decide whether to declare the knockdown invalid and to call the item again.
§ 4 Final Price, Taxes
(1) Included in the hammer price is the buyer's premium. The buyer's 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 that do not meet the requirements of § 25a UstG.
(3) In cases where EPPLI acts as an intermediary, buyer's premium, buyer's discount, insurance and shipping costs as well as other cost components shall include the statutory VAT.
§ 5 Telephone bidder and online bidder
(1) If a written order exists, telephone bidders will 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 will be executed by our staff on behalf of the bidder.
(2) Sales commissions may be added in the case of bids on online cooperation platforms, provided that these are shown on the cooperation partner's website.
(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 shall not be liable for errors. Liability shall be limited to intent and gross negligence on the part of the company, as well as all employees and vicarious agents (e.g. defects of title, non-performance, impossibility, culpa in contrahendo, tort).
(2) Warranty claims on the part of the purchaser due to material defects of the auctioned object are excluded.
§ 7 Retention of Title, Transfer
(1) 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 full payment of the hammer price including premium has been made.
§ 8 Payment, Collection, Shipment
(1) The purchase price is due within 7 days and the items are to be collected within one week (in case of on-site auctions within 3 days).
(2) The purchaser is entitled to the surrender and transfer of ownership of the goods upon settlement of the full invoice amount. EPPLI is authorized by the seller to assert his rights arising from the sale.
(3) In case of delayed payment, a reminder shall be sent and a late payment fee of 3% shall be charged. In the event of further default, EPPLI shall be entitled to demand either performance of the purchase contract or damages for non-performance. The items can be called again in a new auction. Any shortfall in proceeds as well as the costs and fees of the new call shall be borne by the defaulting bidder. The rights of the defaulting bidder arising from the previous acceptance of the bid shall expire with the new acceptance of the bid.
(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 the storage. The collection of the stored items is only possible after confirmation of the date.
§ 9 Place of performance, place of jurisdiction
(1) Place of performance and jurisdiction is Stuttgart. German law shall apply.
§ 10 Addition
(1) Catalogue owners, auction participants and visitors and buyers in the post-sale assure - as long as they do not express themselves to the contrary - that they will use the catalog and / 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") only for the purpose of civic education, the defense against unconstitutional endeavors, art or science, research or teaching, the reporting of contemporary events or history or for similar purposes (§§ 86a, 86 German Criminal Code). The auction house and its consignors offer and sell these items only under these conditions.
Thus, the acquisition of items and books from this period under the above-mentioned conditions in accordance with Sections 86a (3) or 86 (3) of the Criminal Code does not constitute a criminal offense within the meaning of Section 86a (1) of the Criminal Code. Under these circumstances, therefore, it is in principle permissible to sell and acquire orders and decorations not listed in Section 6 (1) of the Law on Titles, Orders and Decorations, as well as badges with National Socialist emblems, contrary to the provisions of Section 6 (2) of the Law on Titles, Orders and Decorations.
Therefore, the Federal Minister of Justice, by letter 4021-2-2 II-23 584/81 of October 18, 1981, expressly declared to the then chairman of the Bund deutscher Ordenssammler e. V. (today: Deutsche Gesellschaft für Ordenskunde e. V.) 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 adding these items to a collection does not constitute a criminal offense in the sense of the law.
Orders and decorations of the Federal Republic of Germany and its federal states, as well as their miniatures, ribbon bars, buttonhole loops and ribbon buckles, may only be given to authorized persons according to § 14 para. 3 Law on Titles, Orders and Decorations. Entitled persons in this context are not only those who have been granted the title, but also all those persons who are in possession of a collection permit. This collective authorization is granted upon request by the respective competent authority, whereby the responsibility for this is regulated differently in the individual federal states. According to the commentary to the Act, the granting of such a permit can only be refused by the competent authority if there are serious grounds for doing so. By bidding on orders and decorations of the Federal Republic and its federal states, their miniatures, ribbon bars, buttonhole ribbons and ribbon buckles, the customer assures to be in proper possession of such a collective permission.
§ 11 Severability clause
(1) Should terms and conditions be invalid in whole or in part, the validity of the remaining terms and conditions shall remain unaffected.
(Status April 2021)