Auction Galleries Hamburg

Information for Online Disputes

"Online Dispute Resolution" (ODR platform by EU regulation)

Link to EU online dispute resolution (splatform)

Information according to Paragraph. 14 of EU Regulation no. 524/2013 (ODR Regulation)

Information for online dispute resolution: The European Commission presents an Internet platform for online dispute settlement (so-called "ODR platform") as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising from online contracts on goods or services used.

The EU Commission OS platform can be accessed at the link: https://ec.europa.eu/consumers/odr

We can be reached via e-mail address: service@schwanke-auktionen.de

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Auction Galleries Hamburg

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General Auction Conditions 

By the submission of bids, the following Auctions Conditions of the Auctioneer are recognised and accepted:


1. The auction is voluntary and held in public in the name of the auctioneer 
on his own behalf for his own account against immediate payment in Euro. 
Foreign currency and cheques are accepted at the daily exchange rate of 
the German Federal Reserve. Trading and exchange are not allowed in the 
auction rooms.

2. Bidding increments are published in the actual Auction Manual and are 
from 5 to 10% of the starting price or the actual submitted bid price re­
spectively. The lot is sold to the highest bidder after threefold call. The Auc­
tioneer reserves the right to bar persons from the auction at his sole 
discretion, to refuse knocking a lot down or to withdraw, pool, recombine 
or divide lots, to call lots once more in case of equivocality or misunders­
tandings or to knock a lot down subject to consignor’s approval. Bids below 
the starting price with a knockdown subject to consignor’s approval are 
binding for the bidder for a period of four weeks but are non-­binding for 
the auctioneer. In case of even bids the chronological order of their receipt 
is applicable; in case of simultaneous receipt of even bids the auctioneer 
decides by drawing lots. 

3. Bids transmitted to the auctioneer (in written form) will be treated with 
confidence and will only be used to top the other previous bid. However 
the auctioneer cannot take responsibility for this procedure. Lots without 
a particular starting price require a minimum bid of 20,- Euro and will be 
knocked down to the highest bid. 

4. Telephone bidders must offer at least the starting price and submit a 
written confirmation thereafter. In the event of unavailability of the bidder 
on the phone the minimum bidding price is valid. The auctioneer is not re­
sponsible for the setting up and/or persistence of the telephone 
connection. 

5. The auctioneer receives a premium of 23.8% of the hammer price from 
the buyer plus 2.00 Euro per purchased lot. For lots marked with • (dot), 
the reduced VAT will be charged on the hammer price and the buyer‘s pre­
mium. Lots without marking are sold under the margin system (§25a UStG); 
there will be no turnover tax statement. Lots with + (plus) behind the lot 
number are regular taxed lots. If shipment is requested by the buyer or be­
comes necessary, costs for postage, packing and insurance plus VAT will be 
charged separately. For purchases from abroad, which will be exported to 
a third country (non-EU), VAT will not be invoiced after receiving an evi­
dence of exportation. Duty and/or other charges related to importing the 
purchases into the country of destination are on buyer‘s account.

6. The purchase contract between the auctioneer and the buyer is closed 
on the knockdown of the lot. Based on this contract the buyer is obliged to 
accept and pay for the goods at the point of sale. In case of bidding for a 
third party, the bidder is liable as a principal as well as the third party. At 
the moment of knockdown all risks concerning loss or damage of a pur­
chased lot is the responsibility of the buyer. The ownership of the auctio­
ned goods will only be transferred to the buyer when full payment has been 
effected. Bidders making written bids will in general receive a prepayment 
invoice, which is due for immediate payment. Only if the invoice has fully 
been paid, the buyer has the right to claim ownership of the purchased lots. 

7. If it is agreed, that the auctioneer will ship the purchased lots, and they 
are not or not completely received within ten weeks after the end of the 
auction (in case of prepayment: after the payment of the goods) latest, the 
buyer has to inform the auctioneer in writing about this incident for pur­
poses of investigation.

8. Outstanding debits, which have not been paid 14 days latest after the 
auction and/or receipt of the invoice, will be subject to a default charge of 
2%. Furthermore 1% interest per month will be charged unless the buyer 
can provide evidence that only a lower or no damage has been caused. 
Furthermore it is in the auctioneer’s sole discretion whether he insists on 
performance or on compensation due to non-fulfillment after a set period. 
Compensation will be calculated after the lots have been sold directly or 
on another auction to a third party. In this case the defaulter has to com­
pensate the loss of the auctioneer resulting from a lower sales price and 
additional costs. The defaulter is not entitled to additional proceeds ear­
ned by the auctioneer when selling the lots to a third party. 

9. The objects for auction may be viewed and inspected prior to the auc­
tion. They will be auctioned in the condition as they are at the time of auc­
tion. The catalogue descriptions were made in all conscience and do not 
warrant any characteristics. The buyer cannot hold the auctioneer liable 
for any faults provided that the auctioneer has not infringed his duty to 
take care. Collections, batches etc. are excluded from any complaint, apart 
from that the auctioneer is obliged to hold the consignor liable for any com­
plaint, which is made by the buyer within a period of 4 weeks after the auc­
tion, within a limitation period of one year. Complaints concerning a lot 
must be sent to the auctioneer together with the original auction lot card. 
The lot must be presented in its unchanged condition. This applies to the 
removal of hinges, submersion in water as well as chemical treatment. Only 
the application of sign information by a member of an acknowledged au­
ditor association will not be regarded as tampering. In the event of com­
plaints the auctioneer can demand a written expertise of an acknowledged 
auditor. If the buyer intends to get an expertise, he will inform the auctio­
neer about it prior to the auction. The period for complaint will be prolon­
ged respectively. However, this does not inflict the right of the auctioneer 
to be timely paid. Any appraisal fees will be charged to the buyer, if the re­
sult matches the lot description or if he acquires the lot in spite of dissent 
opinion. Any faults, which are obvious at the time of photography, are ex­
cluded from the right of complaint. If faults of a lot are described in the 
auction catalogue, this lot will not be rejected and returned by the buyer 
because of further smaller faults. In the event of a successful claiming of 
the consignor the auctioneer refunds the paid purchase price and buyer’s 
premium; the buyer is not entitled to further claims. The auctioneer has 
the right to refer the buyer with all of his complaints to the consignor. By 
bidding on lots, which were already signed or certified by acknowledged 
auditors, the buyer accepts these approval marks or certificates as decisive. 
If bids are placed with reservation of an appraisal of another auditor, the 
bidder will inform the auctioneer about this reservation when placing his 
bid. Descriptions such as „Pracht“, „Kabinett“, „Luxus“ etc. are a subjective 
opinion of the auctioneer and under no circumstance a statement in regard 
to warranted characteristics. Lots which bear the description „feinst“ or 
„fein“ may possibly have small faults. Objects having a value which is defined 
by their postmark are excluded from complaint of any other defects.

10. Only single lots can be shipped for viewing. They must be returned to 
the auctioneer within 24 hours, in doing so our mode of dispatch must be 
utilized. Any risks and costs are for the account of the requesting party. If 
these lots are not present in the auction house on the day of the auction, 
they will be knocked down in favour of the requesting party one increment 
above the highest bidding price but at least for the starting price. 

11. We collect, store, and utilize your personal data as far and as long it is 
necessary in connection with the execution of the business relationship. 

12. Place of fulfilment is Hamburg. Place of jurisdiction for the full trading 
is Hamburg. Only German Law shall apply. The UN Treaty For Contracts 
Concerning International Goods Sales (CISG) and the right of rescission for 
consumers according German Distance Selling Act are not applicable. 
Changes of these General Auction Conditions are only valid in written form. 

13. Should one or more of the conditions above or a part of them become 
invalid, the validity of the other conditions will remain unchanged. The 
invalid conditions shall be replaced by valid conditions, which conform to 
their economic purpose. 

14. The conditions above shall also apply to after sale and private treaty. 
(This translation of the „Allgemeine Versteigerungsbedingungen“ is 
provided for information only; the German text is to be taken as 
authoritative)

Auction Galleries Hamburg

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