The Auctioneer is authorised by the consignor to assert his rights arising from the sale. The successful bidder is obligated to pay the purchase price to the Auctioneer. At the bidders’ request, any lot that initially remained unsold may be offered again and sold during the day of the auction, or may be transferred into a subsequent online-only auction. If the highest bidder wishes to withdraw his bid, the Auctioneer is entitled to accept his bid nevertheless with all consequent rights however, he may also accept the second highest bid offered or repeat the whole call. The Auctioneer is authorised to retract his acceptance of the bid and award the lot immediately in favour of a particular bidder at his discretion or to offer the object again if a higher bid made at the right time was erroneously overlooked or if any doubts arise regarding the sale.
If several people offer identical bids and, after the third time of asking, no higher bid is forthcoming, a draw shall decide the successful bidder. In the event a bid is refused, the second highest bid shall be binding.
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Likewise, the aforementioned right of refusal also applies to customers whose accounts have not been settled in full at the time of the auction. Without giving any reason, the Auctioneer may refuse any bid submitted either in person or in writing, if said bidder is unknown to him, has not provided a sufficient deposit or satisfactory references prior to the auction. Conditionally accepted bids expire without notification or further consultation with the reserve bidder. A written invoice sent to the address provided by the buyer shall be regarded as confirmation of the acceptance of the bid. If the bidder is not awarded the sale without reserve within this period, the bid expires. If a bid is accepted conditionally, the bidder shall be bound by his bid for four weeks. The Auctioneer is entitled to accept the sale under reserve. The sale is concluded if no higher bid is submitted after a bid has been announced three times. The Auctioneer reserves the right to combine, separate, exclude, withdraw or rearrange any lot without giving a reason. The Auctioneer may refuse to accept any bids in which neither the object nor the amount of the bid can be clearly identified beyond doubt. The Auctioneer rules out any liability for consequential damage or loss of profit in the event the purchase order is not concluded, provided this was not caused by wilful misconduct on the part of an employee of the Auctioneer. In all cases (classic and online-only) it is the auctioneer who assigns the knock-down. On electronic auctioning platforms bids are submitted by clicking the platform’s “Bid” button, thus submitting the suggested amount required to outbid the previous high bid. No liability may be accepted for transmission errors or for difficulties with the phone connection. Phone bidding will only be permitted in exceptional cases for objects with a reserve of less than €1,000. Phone bidders will be contacted before their requested lot is called if a written order corresponding to at least the starting price of the object has been received in good time. In case of identical bids a draw will decide. A maximum bid must be indicated when submitting an offer in writing however, the Auctioneer will only draw on this in the amount required to outbid other prospective buyers by one increment (approximately 5%). The Auctioneer reserves the right to decline or disregard order bids, without giving a reason. The Auctioneer undertakes to carry out all purchase orders, whether submitted in writing, by phone, email, fax or via an electronic auctioning platform, conscientiously but without assuming liability. Once the bid has been accepted, no complaints of any kind may be taken into account. All lots are sold “as seen”, without any guarantee or liability in respect of visible or hidden defects.
The lots may be viewed and examined prior to the auction. All objects coming up for auction are offered as used. The catalogue descriptions and any verbal statements neither constitute nor contain guarantees of any specific characteristics. The auctions may be conducted on or outside the business premises of Hermann Historica, with physical participation of bidders, by phone, online or by using any other digital or electronic media, in particular dedicated electronic auctioning platforms, and also limited to such platforms (“online-only”) General Auction Terms and Conditions Hermann Historica GmbH (hereinafter referred to as the Auctioneer) shall carry out the auction as an intermediary in the name of and for the account of third parties, as a commission agent in its own name and on behalf of consignors, or in its own name and for its own account.
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