Terms and Conditions

General Terms and Conditions for online auctions on

AUCTIONCENTER.de

These General Terms and Conditions of the Auctioneer govern the use of the website www.AUKTIONSZENTRUM.de and the associated services, applications and uses.

Please read these terms and conditions carefully before registering to bid. By registering (see Section 3, Paragraph 1 of the Terms and Conditions), you acknowledge the following terms and conditions.

§ 1 Description of services

The auctioneer auctions items (which may have defects and/or previous damage) on behalf of his clients (hereinafter referred to as “sellers”) via the internet platform www.AUKTIONSZENTRUM.de against the highest bids.
The auctioneer acts solely as an intermediary and not as the seller of the items offered for auction. The legal relationship regarding the purchase of the items is established solely between the seller and the person who submits bids for the items to be auctioned in the online auctions (hereinafter referred to as the "bidder" or, after the knockdown, the "buyer").
The auctioneer is fully authorized by the seller to make and receive all declarations with regard to the purchase contracts initiated and concluded during the auction.
The auctioneer endeavors to ensure that its services are available without interruption and that transmissions are error-free. At the same time, it will attempt to limit the frequency and duration of temporary interruptions or restrictions. However, due to the nature of the internet and necessary repairs, maintenance, or the introduction of new facilities or services, this cannot be guaranteed. The services offered via this website are therefore provided without any warranty regarding availability and quality.
Any deviating, conflicting or supplementary terms and conditions of the bidder or buyer shall not become part of the contract unless the auctioneer expressly agrees to their validity in writing.
The contract language is German.

§ 2 Eligibility and exclusion

Participation in an internet auction as a bidder is only open to natural or legal persons or partnerships with legal capacity who have full legal capacity and who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
The bidder confirms that he is not a consumer within the meaning of Section 13 of the German Civil Code (BGB), but rather an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). Consumers within the meaning of Section 13 of the German Civil Code (BGB) are not entitled to participate in an auction as bidders.

§ 3 Registration

Participation in the internet auctions as a bidder or buyer on the platform requires registration, acceptance of these Terms and Conditions and confirmation of registration by the auctioneer.
Bidders register on the auctioneer's website (www.AUKTIONSZENTRUM.de) by providing complete and correct information (company name, first and last name, email address, date of birth, address, telephone number, and VAT identification number) as well as a username and password. The auctioneer reserves the right to request additional documents proving legitimacy or eligibility to participate in accordance with Section 2 of the Terms and Conditions (e.g., business license or commercial register extract). Furthermore, the auctioneer reserves the right to reject applications to open a customer account without stating reasons.
The registration of a legal entity or a partnership can only be carried out effectively by a person authorized to represent it.
If the data provided during registration, in particular the email address, changes, the bidder is obliged to update the information immediately.
The bidder undertakes to ensure that no unauthorized third parties gain knowledge of their password. Should this happen, or should the bidder have any indications of this, the bidder is obligated to notify the auctioneer immediately.

§ 4 Deletion of registration

Bidders may request cancellation of their registration at any time in writing or by email from the auctioneer. The letter should be addressed to AUKTIONSZENTRUM.de, Adam Krumbach, Berggartenstr. 19, 01277 Dresden, stating their first and last name, company name (if applicable), date of birth, email address, and username. email@auktionszentrum.de
The auctioneer is entitled to delete the bidder's registration without giving reasons, with two weeks' notice. The notice will be given in text form.
With the cancellation of registration, the bidder is no longer entitled to participate in the auctioneer’s internet auctions.

§ 5 Exclusion from an auction

The bidder may be temporarily or permanently excluded from using the auction platform with immediate effect for good cause. Good cause exists in particular if false contact information was provided, bidder data was passed on to unauthorized third parties, or these Terms and Conditions (e.g., non-payment or non-collection of purchased items or submission of bids using unauthorized automated data processing) or statutory regulations were violated.
The bidder will be notified of the exclusion in text form.

§ 6 Procedure of the auctions

The items listed on the website www.AUKTIONSZENTRUM.de will be auctioned. They will be clearly identified by the lot number within an auction catalog, including catalog information, and a description.
The auction begins and ends at the times determined by the auctioneer. The start and end of the auction will be displayed. The auctioneer reserves the right to shorten or extend the auction duration until the start of the auction. Furthermore, the auctioneer reserves the right to change the numerical sequence listed in the auction catalog, combine lots, or cancel the auction. Upon cancellation, registered bids will expire.
All items listed for auction on the website (also referred to as "lots") can be examined and inspected upon request from the auctioneer during the preview. The presentation of the lots on the website serves solely to give prospective buyers the opportunity to classify the lot in terms of subject matter, time, and location. The textual description in German applies for this purpose, even if the auctioneer provides the bidder with a translation for service reasons. Notwithstanding this, any visual representations and textual descriptions, in particular information on technical data, dimensions, makes, years of manufacture/first registrations, or quantities, are non-binding and constitute neither an express nor an implied determination of the quality of the purchased item, unless otherwise specified in individual cases. The seller assumes no guarantee of quality and no liability for the existence of properties that arise or can be derived from the presentation on the Internet. Due to the non-binding nature of the presentation of lots on the website, we strongly advise against bidding on lots without first inspecting/examining the object of purchase.
The collection deadlines and location specified by the auctioneer for the respective lot in the event of a successful bid are binding. If the item purchased requires disassembly at the collection location, the bidder will be informed of this in the lot description.
The auctioneer sets a starting or fixed price, as well as the bid increments and the deadline within which bids can be submitted. The auctioneer's system clock is the sole determining factor for determining the end of the auction. By submitting a bid, the bidder submits a binding and irrevocable offer to purchase. A bid expires if another bidder submits a higher bid during the bidding period. If a bid exceeding the previous highest bid is made less than one (1) minute before the end of the auction, the auction will be extended by one minute. This continues until no new highest bid is received within the one (1) minute period.
Submitting bids using automated data processing methods not authorized by the auctioneer (e.g. so-called “sniper” programs) is not permitted.
The auctioneer reserves the right to reject bids without giving reasons. This right only applies until a declaration of intent corresponding to the knockdown has been made.
A bidding agent is provided that automatically increases the bidder's bid in the smallest possible increments until the bidder becomes the highest bidder again, but no longer than the maximum bid preset by the bidder. If a minimum price is specified and a bid equal to or exceeding the minimum price is entered into the bidding agent, the minimum price is automatically bid.
Subject to the provisions of paragraph 10, after the end of the auction, the auctioneer will accept the highest bidder's bid by sending a written confirmation. This notification constitutes the knockdown within the meaning of Section 156, Sentence 1 of the German Civil Code (BGB) and becomes effective upon dispatch by the auctioneer.
The auctioneer reserves the right, in accordance with Section 156, Sentence 2, Alternative 2 of the German Civil Code (BGB), to close the auction without accepting a bid for a legitimate reason, or to accept the bid only subject to the client's consent. A legitimate reason exists, in particular, if the highest bid is below the reserve price set by the seller. If a bid is accepted subject to reservation, it only becomes effective if the auctioneer confirms the acceptance in writing. The auctioneer is not obligated to publish or announce the reserve price for a lot specified by the seller.

§ 7 Transfer of risk

Liability and the risk of accidental destruction, loss, or damage to the purchased item pass to the buyer upon the auctioneer's acceptance of the bid. In the case of a conditional acceptance, the risk passes to the buyer upon the removal of the conditional acceptance.

§ 8 Buyer's payment obligations

In addition to the purchase price, which corresponds to the highest bid, the buyer must pay a premium to the auctioneer. The premium is shown in the respective catalog or for each lot. The applicable sales tax at the time of the knockdown will be added to the total price. For items subject to differential taxation according to Section 25a of the German Value Added Tax Act (UStG), sales tax will only be added to the premium for the respective lot.
To fulfill the payment obligation, the buyer must follow the instructions sent by the auctioneer via email.
Unless otherwise agreed by the parties, the total price plus VAT is due upon hammer price, immediately upon invoicing, and must be paid using a payment method specified by the auctioneer. If the buyer fails to pay within three (3) calendar days of invoicing, they will be in default even without a reminder.
Invoices for auctioned lots will be sent to the buyer only electronically. The invoice is issued based on the registration data provided by the bidder.
Set-off against the premium is only permitted with counterclaims that are undisputed or legally established. The buyer may only assert a right of retention if it is based on claims arising from the same purchase contract.
Buyers from non-EU countries (third countries) must pay a security deposit to the auctioneer on the purchase price of the item in the amount of the applicable VAT rate in the Federal Republic of Germany. This deposit will be refunded to the buyer as soon as it is proven beyond doubt that the purchased item has left the EU. For this purpose, the auctioneer must present the original of the completed export declaration, stamped by the EU border customs office.
Buyers from EU countries other than the Federal Republic of Germany must provide the auctioneer with written proof of their valid international VAT identification number before submitting their bid. Once all documentation has been submitted and the knockdown has been accepted, the buyer will receive an invoice for a tax-free intra-community delivery. The buyer must pay a security deposit in the amount of the VAT rate applicable in the Federal Republic of Germany on the net purchase price. If the buyer provides complete and consistent evidence of the legal requirements for a tax-free intra-community delivery within one week of collection of the purchased item, the security deposit will be refunded after a reasonable review period. If, after the expiry of the aforementioned deadline, the auctioneer does not have proof of the legal requirements for a tax-free intra-community delivery, or if the information is inconsistent, the auctioneer is entitled to cancel this invoice, issue an invoice showing VAT, and arrange for the security deposit to be paid as VAT to the responsible tax office in the Federal Republic of Germany.
The auctioneer is entitled to collect the purchase price and any costs incurred for ancillary services and claims for damages in the name and for the account of the seller and, if necessary, to sue for them in court.

§ 9 Pickup

The successful bid obligates the buyer to collect or take delivery of the lot within the collection period specified in the catalog information, at the specified collection times and at the specified collection location. The timely collection of the auctioned lot represents a primary contractual obligation of the buyer.
To fulfill the collection obligation, the buyer must follow the instructions sent by the auctioneer via email.
Dismantling, loading, shipping, transport, and, if applicable, export of the purchased items are carried out at the buyer's expense and risk. All activities beyond making the purchased item available for collection, in particular its loading and transport, are carried out exclusively in the buyer's interest and within the buyer's scope of duties, even if they are carried out by the auctioneer, seller, or third parties. Any negligence in the execution of these activities is attributable to the buyer as if it were their own negligence (Section 278 of the German Civil Code). Neither the auctioneer nor the seller, nor their employees or agents, are shippers within the meaning of the German Road Traffic Act (StVO).
Entry to the collection location for the purpose of viewing or collecting the lot is at the bidder's or buyer's own risk or that of their agent.
The seller and auctioneer are entitled to refuse to hand over the lot and – in the case of vehicle auctions – to hand over the vehicle documents as long as the buyer has not fulfilled all outstanding liabilities towards the seller and the auctioneer, even if the liabilities have arisen from other sales and/or other legal relationships between the buyer and the auctioneer or the seller.
If the buyer does not accept the offered handover within the collection period for legal or factual reasons, any storage of the purchased item by the auctioneer, the seller, or third parties does not constitute a safekeeping contract. Storage, as well as any separately agreed shipping, is carried out for the account and at the risk of the purchaser and excludes any warranty. Neither the auctioneer nor the seller are liable – except in cases of intent or gross negligence – for damage, loss, or destruction of the purchased item. The purchased item is not insured unless the auctioneer has expressly agreed to this with the buyer in the individual case.

§ 10 Transfer of ownership and restrictions on disposal

Ownership of the auctioned items shall only pass to the buyer after full payment of the purchase price, including premium and sales tax, and after handover.
The buyer is expressly prohibited from reselling, pledging or otherwise disposing of the purchased item to third parties before the transfer of ownership.
The buyer shall compensate the auctioneer and the seller for all damages and costs resulting from a breach of this obligation and from necessary intervention measures against access by third parties.

§ 11 Rights in the event of buyer default

The seller and the auctioneer are entitled to charge reasonable flat-rate storage costs for items not collected on time. The flat rate will be disclosed in the catalog information. The buyer is permitted to provide evidence that the seller or the auctioneer incurred no or lower storage costs. If proof is provided, the buyer is only liable for the lower costs proven.
If the buyer defaults on his payment obligations or on his obligation to collect the goods (including disassembly, if applicable), the seller has the right, after the unsuccessful expiration of a reasonable grace period, to withdraw from the contract and demand lump-sum compensation in the amount of 251% of the net purchase price, unless the buyer proves that the seller has suffered no or only lesser damages. The seller's right to claim higher damages remains unaffected.
Furthermore, the seller and the auctioneer are entitled to dismantle and store the purchased items at the buyer's expense and risk, and to otherwise dispose of them, in particular by scheduling a second auction or conducting a private sale. The buyer may not bid at a second auction. They are liable for any losses incurred in the second auction but are not entitled to any additional proceeds.
The buyer's obligation to pay the surcharge remains in force even if the right of withdrawal is exercised due to late payment or failure to collect the purchased item on time.

§ 12 Exclusion of warranty

If the lot or purchased item is a used item, liability for a defect in title or quality is excluded. The exclusion of warranty according to sentence 1 does not apply if a defect was fraudulently concealed by the seller or if a guarantee for the quality of the purchased item was provided.
Furthermore, the buyer’s rights in the event of defects presuppose that the buyer has properly fulfilled his obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
Unless the warranty rights are excluded under paragraph 1, they expire one year after collection. This does not apply if the law stipulates longer periods, or in cases of injury to life, body, or health, in the event of an intentional or grossly negligent breach of duty by the seller, or in the event of fraudulent concealment of a defect. The consent of the seller or auctioneer must be obtained before any return of the purchased item.
Should the lot, despite all due care, exhibit a defect that already existed at the time of transfer of risk, the seller shall, at its discretion, repair the goods or deliver replacement goods, subject to timely notification of defects. The seller shall always be given the opportunity to remedy the defect within a reasonable period of time.
If the subsequent performance fails, the buyer may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
Claims for defects do not exist in the event of only minor deviations from the agreed quality, only minor impairment of usability, natural wear and tear, or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, or due to special external influences not assumed under the contract. If the buyer or third parties perform improper repairs or modifications, these and the resulting consequences are also excluded.

§ 13 Liability

Notwithstanding the above provisions and the following limitations of liability, the seller and the auctioneer shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by their legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act, as well as for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent by their legal representatives or vicarious agents.
To the extent that the seller has provided a guarantee of quality and/or durability with regard to the purchased item or parts thereof, the seller is also liable within the scope of this guarantee. However, the seller is only liable for damages resulting from the lack of the guaranteed quality or durability, but not directly affecting the goods, if the risk of such damage is clearly covered by the guarantee of quality and durability.
Auctioneers and sellers are also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations). However, they are only liable to the extent that the damages are typically associated with the contract and foreseeable. They are otherwise not liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1–3 also apply to the extent that the liability of legal representatives, employees, and other vicarious agents is affected.
Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that liability is excluded or limited, this also applies to the personal liability of the Seller's and Auctioneer's employees, workers, representatives, and vicarious agents.

§ 14 Final provisions

The exclusive place of jurisdiction for disputes arising from this contract with parties who are merchants, legal entities under public law or special funds under public law is Dresden.
The auctioneer reserves the right to amend or supplement these Terms and Conditions in the future. Approved bidders will be notified separately by email of any changes or additions to these Terms and Conditions. The amended or supplemented Terms and Conditions will only apply if the bidder submits a new bid after receiving the notification.
Should individual provisions of these terms and conditions be invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by the statutory provisions.