Auction Conditions (VB)

the company AUKTIONSZENTRUM.de

represented by Mr. Adam Krumbach

These Terms and Conditions govern the use of the website www.AUKTIONSZENTRUM.de, the associated services, applications and uses, as well as private sales and publicly accessible auctions of AUKTIONSZENTRUM.de.

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

A notice: The limitation period for warranty claims by consumers when purchasing used items is one year.

§ 1 General
1. These Terms and Conditions apply to all contracts concluded with AUKTIONSZENTRUM.de. Other terms and conditions of bidders or buyers do not become part of the contract unless we expressly agree to their validity – even if we deliver without reservation despite knowledge of the conditions. Individual agreements with bidders and buyers take precedence over these Terms and Conditions. The agreement is based on our written consent.
2. For ease of reading, masculine forms are often used. These terms are neutral and non-judgmental and apply to all genders.
3. Online or print representations of tangible or intangible objects by AUKTIONSZENTRUM.de do not constitute a legally binding offer, but rather a non-binding invitation to submit bids.
4. Auctions and sales often occur in connection with terminations, closures, evictions, relocations, or real estate sales. Completed legal transactions must be processed in accordance with the respective sales information. Timely collection, including dismantling if necessary, is the bidder's primary obligation. The dates specified in the sales information are binding in the sense of a relatively fixed transaction. For commercial bidders,
AUKTIONSZENTRUM.de may demand fulfillment in deviation from Section 376 of the German Commercial Code (HGB).
5. For all auctions/sales, the sales information in these Terms and Conditions shall be in German. In the event of any discrepancies, the following shall apply in the following order:
○ Sales information
○ this VB
○ legal regulations

§ 2 Description of services, contractual partners, eligibility and exclusion of participation
1. AUKTIONSZENTRUM.de auctions/sells objects (which may have defects and/or previous damage) in the name and for the account of the owners (brokering purchase contracts between bidders and owners on commission) or in its own name for the account of the owners and its own goods. The authorized parties named accordingly (hereinafter referred to as "sellers") and the "bidders" or "buyers" become contractual partners after the successful bid/sale.
2. AUKTIONSZENTRUM.de is fully authorized by the seller to submit and receive all declarations with regard to the purchase contracts initiated and concluded in the course of the hammer/sales.
3. AUKTIONSZENTRUM.de strives 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.
4. In principle, legal entities and adult natural persons may participate in our auctions. Offers within the framework of private sales and purely online offers are aimed at natural or legal persons with full legal capacity, or partnerships with legal capacity, who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Online bidders confirm that they are not consumers within the meaning of Section 13 of the German Civil Code (BGB), but rather entrepreneurs 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 online auctions as bidders.

§ 3 Registration, access and correspondence
1. Participation in auctions or private sales requires, in accordance with these Terms and Conditions, registration on AUKTIONSZENTRUM.de with the mandatory information requested there. Upon creation of a business account, all submitted bids are deemed to be
Declarations and legal acts are deemed to be carried out in the exercise of a business activity. The bidder/buyer agrees that his/her data necessary for contract processing (in particular name, address, contact details, purchased lots, purchase price) may be passed on by AUKTIONSZENTRUM.de to the respective seller/owner of the auctioned items, insofar as this is necessary for the fulfillment of the purchase contract, for invoicing by the seller, or for the enforcement of claims.
2. Bidders register on the auctioneer's website (www.AUKTIONSZENTRUM.de) by providing complete and correct information (company name, first and last name, address, email address, telephone number, confirmation of age, and VAT identification number) as well as a username and password. The auctioneer reserves the right to request additional documentation verifying legitimacy or eligibility to participate in accordance with Section 2 of the Terms and Conditions. Furthermore, the auctioneer reserves the right to reject applications to open a customer account without stating reasons.
3. The registration of a legal entity or a partnership may only be effectively carried out by a person authorized to represent it.
4. If the data provided during registration, in particular the email address, change, the bidder is obliged to update the information immediately.
5. The bidder undertakes to ensure that no unauthorized third parties gain knowledge of their password. Should this happen, or should the bidder have any evidence of this, the bidder is obligated to notify the auctioneer immediately.
6. The bidder agrees that all correspondence will be conducted exclusively electronically via the email address provided by the bidder in their user account. This applies in particular to the submission and receipt of declarations of intent and legal transactions, as well as to the sending of invoices and payment requests. The bidder agrees that AUKTIONSZENTRUM.de may contact them by telephone in connection with their participation in an auction.

§ 4 Deletion of registration
1. 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, stating their first and last name, company name (if applicable), date of birth, email address, and username.
Adam Krumbach Berggartenstr. 19 01277 Dresden Email: email@auktionszentrum.de
2. The auctioneer is entitled to delete the bidder's registration without giving reasons, subject to two weeks' notice. Notice shall be given in text form.
3. Upon cancellation of registration, the bidder is no longer entitled to participate in the auctioneer’s online auctions.

§ 5 Exclusion from an auction
1. 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 if these Terms and Conditions (e.g., non-payment or non-collection of purchased items or submission of bids using unauthorized automated data processing procedures) or statutory regulations were violated.
2. The bidder will be notified of the exclusion in writing.
3. AUKTIONSZENTRUM.de is entitled, at its sole discretion, to refuse to admit bidders to an auction and reserves the right to exclude bidders from participation in auctions, particularly if there are doubts about their identity, creditworthiness or status as an entrepreneur or if other obstacles (e.g. export restrictions) prevent the sale.

§ 6 Legal nature, procedure, award
1. The auctions are publicly accessible auctions within the meaning of Section 474, Paragraph 2, Sentence 2 of the German Civil Code (BGB), and Section 312g, Paragraph 2, No. 10 of the German Civil Code (BGB). Therefore, consumers have no right of withdrawal for a purchase contract concluded by knocking down a bid at an auction, and the warranty is excluded for used items. Participation in the auctions can be obtained after registration in the auction room at the AUKTIONSZENTRUM.de headquarters, by prior written pre-bid, or online at https://AUKTIONSZENTRUM.de. AUKTIONSZENTRUM.de assumes no liability or guarantee for the continuous and uninterrupted availability and use of the websites, the internet, or the telephone connection.
2. Objects that are clearly identified by lot number within an auction catalogue including sales information and are identified by description will be auctioned. Auctions begin and end at the times determined by the
Auctions are held at specific times by the auctioneer. The start and end of an auction are displayed. The auctioneer reserves the right to shorten or extend the auction period until the start of the auction. If the auctioneer rejects bids, any previously submitted bid remains valid. Furthermore, the auctioneer reserves the right to change the numerical sequence stated in the auction catalog, to combine or separate lots, or to cancel the auction. Upon cancellation, registered bids expire.
3. All objects 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 purposes. Notwithstanding this, any visual representations and textual descriptions, in particular information on technical data, dimensions, makes, years of manufacture/first registration, 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 online presentation. AUKTIONSZENTRUM.de recommends viewing the lots according to the location and date specifications in accordance with the sales information before the start/end of the auctions/sales. Due to the non-binding nature of the presentation of lots on the website, we strongly advise against bidding on lots without prior inspection/inspection of the item being purchased.
4. 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 or sales information.
5. The auctioneer sets a starting or fixed price, as well as the increments of the bids and the deadline within which bids can be submitted. The items to be auctioned are offered at an initial bid. The initial bid is an invitation to submit bids (invitatio ad offerendum). 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, during the bidding period, another bidder submits a
A higher bid is submitted. If a bid exceeding the previous highest bid is submitted 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.
6. Bids regarding lots without reservation constitute an offer to conclude a purchase contract and are therefore legally binding. Bidders are bound by their bids (including preliminary bids and maximum bids) until the knockdown is accepted, but no later than 48 hours after the end of an auction. The purchase contract for a lot is concluded upon knockdown. The knockdown obligates the buyer to pay the purchase price and to accept the item.
7. Bids must correspond to the increments set by the auctioneer. If a bid does not correspond to the set increments, the bid may be rounded down to the next lower increment for its validity. At his own discretion, the auctioneer may reject bids made by bidders during the auction for which there are reasons to believe they are not serious, and may request bidders to first pay for items already purchased or to make a deposit before bidding on further items. The auctioneer is also entitled to revoke a knockdown and continue the auction with regard to the items if there is doubt about the person or identity of the person making the declaration, other doubts about the knockdown exist, or a higher bid submitted in good time was mistakenly overlooked. Any legal claim to the previous knockdown is excluded. The auctioneer is entitled to refuse to award a knockdown to bidders who have violated the auction conditions.
8. A bidding agent will be 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 will be automatically bid.
9. Subject to the provisions of paragraph 10, after the end of the auction, the auctioneer shall 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.
10. 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 the 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
The minimum price specified by the seller is exceeded. If the knockdown is subject to reservation, it only becomes effective if the auctioneer confirms the knockdown in writing. If the knockdown is subject to reservation, the conclusion of the purchase contract is subject to confirmation of the bid by AUKTIONSZENTRUM.de to the bidder within the two-week binding period for their last highest bid. The auctioneer is not obligated to publish or announce the minimum price specified by the seller for a lot.
11. Surcharges are awarded ex foundation or location and are not dismantled and unloaded.
12. By submitting written preliminary bids, the bidder instructs and authorizes AUKTIONSZENTRUM.de to submit bids on their behalf and, in the event of a successful bid, to conclude a purchase agreement on their behalf. The bidder releases AUKTIONSZENTRUM.de from the provisions of Section 181 of the German Civil Code (BGB). If a bidder submits a written preliminary bid and is successful, they will be notified electronically of the acceptance of the bid.
13. The submission of bids by means of automated data processing procedures not authorized by the auctioneer (e.g. so-called “sniper” programs) is not permitted.
14. The auctioneer may end the auction prematurely at any time, e.g., due to technical problems. In this case, no acceptance of the knockdown will be accepted. The highest bidder at the time of premature termination of the auction is not entitled to acceptance of the knockdown. AUKTIONSZENTRUM.de also reserves the right to cancel the auction if no bids are submitted or if only bids below the client's stated reserve price are submitted. Reference to the reservation of acceptance will be made in the sales information or in the lot itself, if applicable.

§ 7 Participation in the auction room
1. Due to space constraints, the number of participants in the auction hall is limited. Registration for participation must be made within seven (7) days prior to the start of the auction, stating the number of participants. AUKTIONSZENTRUM.de will notify the bidder immediately if capacity is already exhausted upon registration and reserves the right to refuse participation without registration.
2. Bidders may only participate in the auctions using the electronic input devices provided by AUKTIONSZENTRUM.de and must submit bids using the input devices.
3. AUKTIONSZENTRUM.de shall otherwise conduct the auctions at its own discretion. Unless otherwise agreed, Section 6 shall apply accordingly.

§ 8 Free sales
1. Bidders may submit offers for lots in the open sale. AUKTIONSZENTRUM.de may accept offers at its sole discretion and subject to reservation.
2. The bidder is bound to his offer until the end of the specified free sale period, but at least 2 weeks.
3. The purchase contract is concluded upon acceptance of the offer by AUKTIONSZENTRUM.de. The sending of an order confirmation shall constitute acceptance.

§ 9 Payment obligations, export
1. 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 VAT rate at the time of the knockdown will be levied on the total price. For items subject to differential taxation according to Section 25a of the German Value Added Tax Act (UStG), VAT will only be levied on the premium for the respective lot.
2. To fulfill the payment obligation, the buyer must follow the instructions sent by the auctioneer via email.
3. Unless otherwise agreed by the parties, the total price plus sales tax is due upon hammer, immediately upon invoicing, and must be paid by prepayment transfer. If the buyer fails to pay within three (3) calendar days of invoicing, he or she will be in default even without a reminder. The decisive date is the date the payment is credited to AUKTIONSZENTRUM.de.
4. Invoices for auctioned lots will be sent to the buyer only in electronic form. The invoice will be issued based on the registration data provided by the bidder.
5. Buyers from non-EU countries (third countries) must pay a security deposit to the auctioneer on the purchase price for the item purchased, equal to 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 be presented with the original of the completed export declaration, stamped by the EU border customs office.
6. 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. Upon receipt of all documentation and acceptance of the bid, the buyer will receive an invoice for a tax-free intra-community delivery. The buyer must pay a security deposit equal to the VAT rate applicable in the Federal Republic of Germany on the net purchase price. If the buyer fully and consistently demonstrates compliance with the legal requirements for a tax-free intra-community delivery within two (2) weeks of picking up the purchased item, the security deposit will be refunded after a reasonable review period. If, after the expiry of the aforementioned period, the auctioneer does not have, or does not have in full, proof of the legal requirements for a tax-free intra-community supply, or if the information is not consistent, the auctioneer is entitled to cancel the present invoice, issue an invoice with VAT shown, and arrange for the security provided to be paid as VAT to the responsible tax office in the Federal Republic of Germany.
7. AUKTIONSZENTRUM.de is not liable for the exportability of the lots awarded. To the extent that AUKTIONSZENTRUM.de provides separately remunerated services related to shipping to third countries on behalf of and for the account of the bidder, the following applies: The necessary shipping documents (CMR consignment note) must be prepared by the bidder and must generally show the bidder as the sender. AUKTIONSZENTRUM.de assumes no liability for the completeness and accuracy of the shipping documents.
8. 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. Set-off against the premium is only permitted with counterclaims that are undisputed or have been legally established. The buyer may only assert a right of retention if it is based on claims arising from the same purchase contract.

§ 10 Transfer of ownership and restrictions on disposal
1. Ownership of the auctioned items shall only pass to the buyer after full payment of the purchase price, including premium and VAT, and after handover.
2. The buyer is expressly prohibited from reselling, pledging or otherwise disposing of the purchased item to third parties before the transfer of ownership.
3. The buyer shall compensate the auctioneer and the seller for all damages and costs incurred as a result of a breach of this obligation and as a result of necessary intervention measures against access by third parties.

§ 11 Transfer of risk, collection
1. If the bidder is an entrepreneur, the risk of loss and damage to the goods, in particular the risk of accidental loss of the goods, shall pass to the bidder upon acceptance of the bid or conclusion of the purchase contract in the case of a private sale.
2. If the bidder is a consumer, the risk of loss or damage shall only pass to the buyer upon the goods being made available at the end of the agreed collection date or upon receipt of the request for collection, at the latest upon expiry of the last day of the collection periods stated in the auction information.
3. After the total purchase price has been credited, the bidder will receive an electronic pickup slip and a link to book the pickup date, including any pickup information. Unless otherwise stated in the auction information, the pickup date is binding. The bidder has no right to a specific pickup date.
4. The successful bid obligates the buyer to collect or take delivery of the lot within the collection period specified in the sales information, at the confirmed collection date and at the collection times at the collection location specified in the sales information. The timely collection of the auctioned lot represents a primary contractual obligation of the buyer.
5. In order to fulfill the collection obligation, the buyer must present the collection slip and follow the instructions provided by the auctioneer in the sales information or by email.
6. The pickup location is generally the possible viewing location specified in the auction information. Unless otherwise specified in the auction terms and conditions or auction information, the bidder must dismantle and pick up the items at their own expense and risk. The auctioneer recommends inspecting the items and the local conditions before submitting a bid or offer. The auctioneer reserves the right to change the pickup location to the registered office of AUKTIONSZENTRUM.de for important reasons.
7. Dismantling and collection shall be carried out in compliance with all safety regulations and legal requirements, where necessary by qualified personnel (in particular qualified electricians) at the expense and risk of the bidder.
Other third parties on the bidder's side are his vicarious agents. The bidder is obligated to follow instructions from AUKTIONSZENTRUM.de and its agents. AUKTIONSZENTRUM.de and its agents may temporarily prohibit dismantling if the bidder violates legal requirements. The bidder must inform his employees/agents of the specific risks associated with the activities to be performed during dismantling and collection, as well as of accident prevention regulations. The bidder shall ensure that his employees/agents have the legally required and/or other personal protective equipment and are equipped to perform the required activities safely and healthily.
8. Shipping of items is possible in individual cases after consultation with the auctioneer, or if a mail-order auction or auction with a shipping option is being conducted according to the respective auction information. Shipping is then at the bidder's expense and risk. If a bidder also purchases items in an auction with a shipping option that are not suitable for shipping, no shipping will be carried out.
9. AUKTIONSZENTRUM.de may refuse to release the objects as long as there are still outstanding claims arising from the business relationship.
10. AUKTIONSZENTRUM.de reserves the right to voluntarily pre-pick auctioned lots for logistical and scheduling reasons. This does not constitute a claim for the bidder.
11. Any disassembly, loading, shipping, export, and transport 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).
12. 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.
13. The bidder is liable for all damages caused by himself, his employees or third parties commissioned by him during the inspection, dismantling, loading or collection of the objects, in particular to buildings, other objects or to third parties. He indemnifies AUKTIONSZENTRUM.de and the seller from
indemnifies the bidder against all claims asserted by third parties in connection with such damages. The bidder must ensure adequate insurance coverage.

§ 12 Rights in case of default by the buyer
1. If the buyer defaults on their payment obligations or on their obligation to collect the item (including disassembly, if applicable), AUKTIONSZENTRUM.de has the right, even without setting a grace period, to withdraw from the contract in whole or in part and to demand lump-sum compensation in the amount of 201,000 tbsp of the hammer price, unless the buyer proves that the seller has suffered no or only minor damages. The seller's right to claim higher damages remains unaffected. The buyer's obligation to pay the premium remains in effect even if the right of withdrawal is exercised due to late payment or late collection of the purchased item.
2. The auctioneer may, at its sole discretion, request the buyer to collect the items within a grace period. All expenses associated with the subsequent collection date shall be borne by the buyer. If the buyer fails to comply with AUKTIONSZENTRUM.de's request for collection (including from the storage location) within five working days of receipt, AUKTIONSZENTRUM.de is entitled, at its discretion, to dismantle and store the purchased items at the buyer's expense and risk. Any storage fees will be disclosed in the sales information; otherwise, a minimum compensation of 0.1% of the total price per cubic meter, but at least €50 per calendar day and lot, will be charged. The buyer is permitted to provide evidence that the seller or auctioneer incurred no or lower costs for storage. If such evidence is provided, the buyer shall bear only the proven lower costs.
3. Furthermore, after the collection deadlines have expired, the seller and the auctioneer are entitled to dispose of the item for other purposes or even dispose of it, in particular by scheduling a second auction or conducting a private sale. The buyer may not bid at a second auction. The buyer is liable for any loss incurred in the second auction but is not entitled to any additional proceeds. Any storage of the item by the auctioneer, seller, or third parties does not constitute a safekeeping contract.
§ 13 Exclusion of warranty
1. Product information in our publications – this includes in particular images, technical data, dimensions, makes, years of manufacture or quantities –
describe the objects only in general terms and do not constitute a binding determination of their quality, unless expressly agreed otherwise in individual cases. In particular, we do not guarantee these properties. Information about objects usually comes from the previous owner or consignor. AUKTIONSZENTRUM.de is not obligated to verify the accuracy of this information.
2. With used items, signs of wear and age are normal and contribute to their specific character. You have the opportunity to view and inspect the items thoroughly beforehand. The sale is in its current condition, as is.
3. Warranty claims by consumer bidders for new goods are generally subject to the statutory limitation periods. If used goods are sold to a consumer, the limitation period for warranty claims is contractually reduced to one year. An exception to this applies if the sale of used goods to a consumer takes place as part of a publicly accessible auction conducted by AUKTIONSZENTRUM.de within the meaning of Section 312g Paragraph 2 Number 10 of the German Civil Code (BGB). In this specific case, the sale is made without any warranty. Consequently, the provisions of the German Civil Code (BGB) regarding the sale of consumer goods (Sections 474 et seq. BGB) do not apply.
4. If the bidder is a business, the sale of used goods is subject to a complete exclusion of liability for material defects. If new goods are offered, a warranty period of one year from delivery of the goods applies to businesses.
5. Furthermore, the buyer’s rights in respect 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).
6. Should warranty claims exist, AUKTIONSZENTRUM.de will, at its discretion, repair or replace the goods, subject to timely notification of defects. The opportunity for subsequent performance must always be provided within a reasonable period of time.
7. If subsequent performance fails, the buyer shall be entitled to a reduction in price, without prejudice to any claims for damages; withdrawal is excluded.
8. Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage which 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 that are not assumed under the contract. If the buyer or third parties carry out improper repairs or modifications, no claims for defects shall be made for these or the resulting consequences.
9. Claims for damages by the bidder are excluded unless otherwise provided below. The above exclusion of liability also applies to the legal representatives and vicarious agents of AUKTIONSZENTRUM.de, insofar as the bidder asserts claims against them.
§ 14 Liability
1. 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.
2. 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.
3. 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.
4. 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 employees, workers, staff, representatives, and vicarious agents, as well as the Auctioneer.
§ 15 Final provisions
1. 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 and the place of performance is Dresden.
2. The legal relationship with the bidder or buyer shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
3. 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.
4. The collection and processing of all personal data is carried out in compliance with all legal requirements. Further information can be found in our privacy policy.
5. Should individual provisions of these Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provisions shall be replaced by a valid provision that most closely approximates the original provision.

Valid from 17.05.2025