The basis of the auction are the legal provisions posted. For each auction, the following rules apply:
1. The auction takes place on the basis of the valid laws and definitions of the GewO, the BGB, the HGB, the PfandVO, the UWG, the GVG, the WEG, voluntarily or in the official order, in foreign name and on account of the client. The items come from estates, abandonments and deliveries. They can be inspected and examined during the appointed time. The auction takes place according to consecutive catalog numbers. The bidder agrees that his data remain stored for the fulfillment of his order and to secure the legal requirements for the duration of the processing of the order. After completing the order, the procedure is in accordance with the existing regulations of the “DSGVO”.
2. Catalog descriptions: The description of the items is based on subjective beliefs of the experts, they are assessed and determined with current market prices as the basis of the price. Bieberle excludes any guarantee for the correctness of English translations. For open and hidden defects as well as attributions no liability is assumed. Reasoned complaints must be made within 3 working days. The items are auctioned as seen. In the case of works of art, in particular of pictures and antiques, only those defects and damages are mentioned which significantly affect the artistic value. The function of mechanical, technical and electrical equipment is not tested. For the functionality neither warranty nor liability is taken over. The auction participants are asked to convince themselves in person of the condition of the objects and works of art, since catalog descriptions are not guaranteed properties within the meaning of §§ 459 ff BGB. Any liability for errors due to incorrect translations is excluded. No liability is assumed for accidents during the inspection and auction period.
3. Military Historic Objects WW II (§86a StGB): Auction bidders and consignors assure that they buy or deliver military-historical objects from the period 1933-1945 only for purposes of civic education, the defense against unconstitutional and anti-constitutional aspirations, scientific and art historical research or military historical and uniform research. The Bieberle Auction House offers the corresponding items only under these conditions. By submitting bids for items bearing emblems of the Third Reich, the Bidder undertakes not to use these items for propaganda purposes.
4. Species protection: Objects containing materials from protected or endangered species may not be imported in some countries. Buyers confirm by submitting their bid that they have informed themselves about the legislation and customs regulations of the relevant country.
5. The auctioneer reserves the right, for important reasons, to recall any object from the auction or to change descriptions and prices until a bid is placed. The auctioneer is entitled, to exceptionally separate lots, to unite them, to offer them out in a two-step bidding process, to recall them or to carry out the auction differently from the intended order. In the case of a two-step bidding process, the relevant objects are expressly named. The highest bids, or rather the respective highest bidders can be noted down first, but there is not yet a bid award. Then they are put together under one lot and offered as a collection, taking into account the highest bids and limits of possibly underbid items already obtained. The award will then be made at the highest bid given to the collection or the single items, depending on which is resulting in a higher price, taking into account the limits for any underbid objects.
6. The bid is awarded if, after three calls, no higher bid is made. If there are several bidders for the same price level, the lot decides. If a due bid has been overlooked, the call can be made again. The award of the bid requires acceptance and payment. The prices indicated in the catalog are limit prices, which are increased in fixed steps. Underbids will be accepted only with reservation and above a limit of 100,-€. With the award of a bid the risk for any loss, damage, confusion etc. devolves to the buyer, the property indeed only after full payment. Written bids are treated equally. Since a highest bid is not considered to be an asked price in principle, but is proclaimed in accordance with the bidding rates, it may happen that a written highest bid is the same as a room bid. In this case, the highest bid will be knocked down.
| Bidding rates | |
| up to 100 EUR | in 5 EUR increments |
| 100 to 200 EUR | in 10 EUR increments |
| 200 to 500 EUR | in 20 EUR increments |
| 500 to 1,000 EUR | in 50 EUR increments |
| 1,000 to 2,000 EUR | in 100 EUR increments |
| 2,000 to 5,000 EUR | in 200 EUR increments |
| 5,000 to 10,000 EUR | in 500 EUR increments |
7. The hammer price becomes due after the hammer has been knocked down. The result awarded is a net price. It shall be understood plus 18% auction fee plus 19% VAT on the fees, i.e. 21.42% in total. In the case of personal bidding, payment of the total amount must be made immediately on the auction day in cash, by EC card or by bank-confirmed cheque to the Bieberle Auction House; in the case of written bids, payment must be made 10 days after invoicing. Cheques will only be accepted as fulfilled after they have been unconditionally credited to the bank account. The items remain the property of the seller until full payment has been made. The Auctioneer may collect or sue for purchase arrears and any ancillary costs incurred thereby on behalf of the Client. The fees for surcharges that were made live via the portal “Bid4It” are an additional 2,6% plus 19% VAT and via “www.lot-tissimo.com” and “TheSaleroom” are an additional 5% plus 19% VAT. In the case of online bidders, the auction protocol and the auction conditions of our company are also authoritative, not the details of the online service provider.
The hammer price in the event of the abandonment of a business is due after the hammer has been knocked down. It is plus 15% auction fee plus 19% VAT on the hammer price and the auction fee 36.85%. In the case of personal bidding, payment of the total amount must be made immediately on the auction day in cash, by EC card or by bank-confirmed cheque to the Bieberle Auction House; in the case of written bids, payment must be made 10 days after invoicing. Cheques will only be accepted as fulfilled after they have been unconditionally credited to the bank account. The items remain the property of the seller until full payment has been made. The Auctioneer may collect or sue for purchase arrears and any ancillary costs incurred thereby on behalf of the Client.
8. Payment: If the purchase price is not paid within the stipulated period, the Auctioneer is entitled to charge the Purchaser interest on arrears on a daily basis, 6% / 365 per day, over the open period. In the case of reminders, the payment period shall be reduced to 7 days. For the 2nd reminder a processing fee of 3,- € will be charged additionally. The buyer is liable for the complete and timely payment of the purchase price after the bid has been accepted, even in the case of notification after the bid has been accepted that he has also bid for a third party. If the Auction House issues an invoice to the named third party at the request of the Buyer, the Auction House hereby exclusively declares the acceptance of a simple (additional) obligation of performance by the named third party, without granting it further rights such as, in particular, set-off or retention claims etc., as well as maintaining the full liability of the Buyer.
9. The auctioned items shall be issued immediately or within 5 working days after payment in cash. The buyer is obliged to comply with this period. The Auction House accepts no liability for any damage or loss. If the specified period is exceeded, the object can be stored at the expense of the buyer at a charge.
10. Written bids will be accepted at the latest one day before the auction. They will be carried out conscientiously and with due regard for the interests of the buyer. The catalogue number is always binding. The price quoted is the highest bid, excluding fees and sales tax. The knockdown can therefore also be made for a lower price. If written bids are not submitted in accordance with our bidding rates, they will be rounded down. Unknown bidders are requested to provide sufficient security until the start of the auction, otherwise the bid may not be executed; this also applies to written bidders.
11. Telephone bids must be confirmed in writing by the customer prior to the auction. The maximum purchase price must be deposited or otherwise secured, e.g. by cheque. The Auction House accepts no liability for the operation of a telephone connection during the auction. Telephone bidders must indicate their bid request at the latest one day before the auction, stating their name, address and telephone number on which they can be reached safely on the day of the auction. Telephone bids will only be accepted at estimated prices above 150,- EUR. Telephone participation in the auction automatically means bidding the limit price of the object. This also applies if the bidder cannot be reached by telephone during the auction by the employees of the auction house.
12. The post-auction sale shall generally take place under auction conditions.
13. The dispatch takes place with written bids on desire of the buyer, on its costs and on its danger (§447 BGB), whereby the Auction House Bieberle determines dispatch type and means after own discretion. All goods are dispatched as DHL package and are insured up to a value of 500, – €. Should a higher insurance sum be desired, we ask you to inform us in advance. The shipping costs vary depending on the number, size and weight of the packages as well as the packaging effort and are shown on the invoice. The shipment of particularly large, bulky (packaging dimensions over 120*60*60cm and/or total weight over 31kg) or fragile objects must be organized by the buyer. Export deliveries to countries outside the EU and to similar companies within the EU that have a valid VAT identification number can be exempted from VAT. The fee in this case is 19 %. The costs for the preparation of export documents and transport shall be borne by the buyer. Buyers who personally export the auctioned goods to a non-EU country will receive a refund of the VAT paid upon presentation of the stamped export documents.
Place of performance and jurisdiction is Magdeburg.
Magdeburg, 28.03.24
Andreas Bieberle