1 Scope

a) The following auction conditions (VGB) apply to sales at auctions of the auction house (auctions) and the associated related transactions, eg post-sales.

b) The auction and the associated transactions are carried out by Auktionshaus Pari GmbH, represented by the managing partner Michael Preiser, Hanauerstraße 24 a, 63739 Aschaffenburg, www.auktionshaus-pari.de, auktionshaus.pari@gmail.com , Tel.: 06021 5850846.

c) The auction of the objects takes place voluntarily and publicly. The auction by the auction house Pari GmbH takes place within the framework of the representation according to §§ 164 ff BGB in the name and on account of the consignor. The consignors remain anonymous unless there are legal claims to information or the purchaser can prove a legitimate interest in the information. Proprietary goods are marked accordingly in the catalog with an asterisk in the catalogue. No commission (surcharge) is charged for own goods. 

d) The VGB are published on the website of the auction house Pari GmbH, can be accessed at www.auktionshaus-pari.de, are displayed in the auction rooms and are published in the catalogues. The VGB can also be sent at any time on request.

e) It is expressly pointed out that the regulations for the sale of consumer goods in accordance with Section 474 (2) of the German Civil Code do not apply to the used goods to be auctioned.

2. Auction Process and Bids

a) All objects coming up for auction can be viewed and examined during the preview. The auction items are exclusively used items, they are auctioned in the condition in which they are at the time of the auction. Unless expressly stated otherwise, the goods have not been tested for functionality.

b) The lots are generally called up at the limit price (minimum price) agreed with the consignor, provided there are no higher preliminary bids. The limit price is usually 2/3 of the estimated price. If there is no limit price or the auction is unlimited, the first bid starts at €40.00.

c) The rate of increase is usually 10% of the next achievable increment of one hundred; it is at the auctioneer's discretion to select a different increment rate if necessary.

d) The auctioneer can combine catalog numbers, change the order or withdraw catalog numbers, the latter in particular in the event of doubts regarding factual or legal aspects. The auctioneer should be informed of any changes in the bidding sequence before the start of the auction, usually by means of a written notice.

e) In order to effectively submit a bid in any form, the exact details of the person or company of the bidder with contact and address data as well as the telephone number are required. For new customers, a valid identification document is required to register for bidding in any form. The bid is limited exclusively to the specified auction number. The auction house reserves the right to request proof of solvency or security for a bid. The auction house is obliged to make the necessary reports under the Money Laundering Protection Act. The bidder / interested party confirms that they will comply with the provisions of the Money Laundering Protection Act. The auction house processes the stored data within the framework of the applicable data protection law. For this purpose, reference is made to the data protection declaration of the auction house.

f) Bids submitted by telephone, in writing or verbally are equivalent. Bids submitted and transmitted via online portals such as lot-tissimo or similar are considered telephone bids and are equivalent to these.

In the case of equal bids, the bid submitted first applies. In case of doubts that cannot be clarified immediately during the auction, the lot decides.

In the event of differences of opinion between the bidders about a call, the auctioneer has the right to withdraw the lot and, if necessary, to call it again.

In order to submit written preliminary bids, these must be received by the auctioneer at least 24 hours before the start of the auction. Written preliminary bids are only permitted using the form for written preliminary bids provided by the auction house. Deviations from this must be confirmed by the auction house.

Written orders to register as a telephone bidder must also be received at least 24 hours before the start of the auction (1st day of the auction). In this case, the telephone agent provided by the auction house represents the bidder in the hall and submits the bid for the bidder. Telephone bidding is only possible from an estimated price of €150.00. In the case of telephone bidders, the auction house cannot guarantee that the connection will be established at the time of the call. The bidder bears the risk of the bidder not being available or of a line failure. If the line fails during the bidding process, only the last bid amount called applies, not a possible maximum amount mentioned before or during the telephone call to the auction house employee.

g) The auctioneer may disregard written or online bids due to doubts as to assignment, identity or seriousness, but also for technical or organizational reasons.

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3rd surcharge
 

a) With the submission of a bid and its acceptance, an irrevocable purchase contract is concluded, which obliges the buyer to accept the auction item and pay the purchase price. The bid is generally accepted if no higher bid is submitted after three calls. The auctioneer can revoke or reject the bid with justification. Bidders are not permitted to act under someone else's name. There is no right to act on behalf of others. If the bidder does not indicate his actions as a representative when applying for the bidder number or registration, stating the identity of the person represented, only the representative becomes a contractual partner of the purchase. Subsequent approval by the representative is not possible.

b) If there are doubts as to whether or to whom the bid has been accepted, or if a bid submitted in good time was overlooked, the auctioneer decides whether to declare the bid invalid and call up the item again.

c) The auctioneer can knock down with reservation if the limit price specified by the consignor has not been reached or if legal or factual doubts about an object were reported or recognized before or during the auction. In the event of a reservation, the conclusion of the corresponding purchase contract is provisionally ineffective. In the event of a reservation, the consignor will be informed of the reservation surcharge by the auction house. He must report positively within a period of 2 weeks after receipt of the notification and confirm the award. If no message has been sent, or if the bid has been rejected, the purchase contract is ineffective. The buyer will receive notification of this. If the buyer does not receive any notification of the decision on the bid within 4 weeks of the bid being accepted, the bid is deemed not to have been accepted and the purchase contract is also ineffective.

d) The bid obliges to accept and to pay the hammer price plus commission (premium for the buyer) plus sales tax (VAT). The prices quoted are in euros [€]. A premium of 20% plus 19% VAT will be charged for the hammer price. VAT will only be charged on the premium. A fee is charged for bids submitted via online platforms, which is based on the general terms and conditions of the respective platform, currently 5% for Invaluable and 3% for lot-tissimo plus VAT and is to be borne by the buyer.

e) Payment must be made in cash or by bank transfer in euros. Credit card payments are not accepted, can be accepted. Payments with EC cards or other payment methods only become effective once the account has been credited. When paying in foreign currency, any exchange rate risk and all bank charges are borne by the buyer.

f) With the bid, the buyer is obliged to pay for and collect the auctioned item immediately. The risk of deterioration and accidental loss passes to the buyer with the bid. However, the auction house is not obliged to hand over the auction item to the buyer before full payment has been made. Ownership does not pass to the buyer until the purchase price has been paid in full (retention of title). The buyer is obliged to pay in advance. The place of fulfillment is the place of the floor auction.

g) If the purchase price has not been paid within the specified period of 2 weeks after receipt of the invoice, default occurs. Two months after the default has occurred, the auction house is entitled and, if requested by the consignor, obliged to give the consignor the name and address of the buyer. If the buyer is in arrears with the payment of the purchase price, the auction house as representative can withdraw from the contract after setting a grace period of two weeks. With this, all rights of the buyer to the auctioned item expire. After the cancellation has been declared, the auction house is entitled to demand compensation from the buyer. Compensation for damages includes in particular the transport and storage costs incurred until the art object is returned or auctioned again, whereby the buyer is able to prove that no damage or less damage has occurred. The obligation to pay the commission remains. The auction house has the right to exclude the defaulting buyer from future auctions and to pass on his name and address to other auction houses and portals for blocking purposes.

h) The auction house is entitled to collect purchase money, purchase arrears, ancillary services and other costs on behalf of the consignor, if necessary, in its own name or to sue in court.

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4. Collection

a) The objects will only be handed over on the day of the auction after the end of the auction.

b) Until collection, the auction house will store the auctioned item at its own expense for a period of six weeks, calculated from the bid. The auction house then has the right to store the item with a forwarding agent at the buyer's expense. Alternatively, the auction house can store the item on its own premises for a monthly fee of €25 excl. VAT for small items or €50 excl. VAT.  for bulky items Objects such as large paintings or furniture per started month.

c) Shipping is only on behalf of and at the risk of the buyer. If the buyer commissions the auction house to ship the auctioned item, the auction house will ensure that the item is properly shipped to the buyer or the recipient named by him, provided that the purchase price and shipping costs have been paid in full. Shipping and payment by cash on delivery is not possible.

d) For shipping within Germany, a shipping fee per package applies. This is €16 for parcels weighing less than 5 kg, €19 for parcels weighing less than 10 kg and an additional €45 for bulky goods (parcels larger than 60 x 60 x 120 cm).

e) For shipping to other European countries, the shipping flat rate per package is € 26 for packages weighing less than 5 kg, € 31 for packages weighing less than 10 kg and for bulky goods (packages larger than 60 x 60 x 120 cm) additional € 50,-.

f) For shipping to non-European countries, the shipping flat rate per package is between €38 and €60 for packages weighing less than 5 kg and between €46 and €86 for packages weighing less than 10 kg. Bulky goods and packages weighing more than €10 kg will only be shipped to non-European countries on request and at the costs stated.  We only use UPS for shipping to the USA and Canada._cc781905 -5cde-3194-bb3b-136bad5cf58d_ Shipment USA: 48€ - 198€, shipment Canada: 68€ - 248€, the price depends on the package size.  

g) If official permits are required for export and/or transport, the buyer will be informed in advance of the costs incurred. If the costs are not taken over, the buyer has to organize the transport independently. There is no entitlement to obtain official permits.

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5. Warranty for Defects

a) The descriptions and representations of the objects do not represent any property assurances or guarantees in the legal sense. They are for informational purposes only. This also applies to condition reports and other information in verbal and written form, unless liability is expressly assumed for this . All items are sold in the condition in which they are when the bid is awarded. The estimated prices given in the catalog serve – without guarantee for the correctness – only as an indication of the market value of the items to be auctioned. The objects can be viewed before the auction in accordance with the statutory provisions. The condition is not consistently mentioned in the catalogue, so that missing information does not justify any quality information. The auctioneer reserves the right to correct or supplement catalog information. Any warranty claims by the buyer for used items expire one year after the end of the year in which the bid was accepted. If the buyer is a merchant, his warranty claims expire six months after the day of the bid. The same applies if the buyer is otherwise a trader or freelancer.          _cc781905-5cde-3194- bb3b-136bad5cf58d_

b) The liability of the auction house is limited to its own intentional, gross negligence as well as to intentional and gross negligence on the part of its legal representatives and its vicarious agents and executive employees. Furthermore, liability for simple negligence is limited to the amount of the respective surcharge. Liability for simply negligent behavior by the auctioneer, his representatives or vicarious agents only exists if this relates to the violation of cardinal obligations (essential contractual obligations). These provisions also apply to the limitation of the obligation to pay compensation for expenses. The limitation of liability does not apply to damage  to life, limb or property.

c) Transformers, electrical devices and switching devices do not comply with current VDE regulations. They are therefore only offered for collecting purposes and to the exclusion of any liability. The drinkability of historical beverages (wine, etc.) cannot be guaranteed.

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6. Other Terms.          _cc781905-5cde-3194- bb3b-136bad5cf58d_

a) In the event of an after sale, the VGB shall apply accordingly.

b) The auction house is entitled to withdraw from the sale on behalf of the seller if an object is suspected of being stolen or looted.

c) In the auction room, the bidder is liable for any damage caused by him. The auction house exercises domiciliary rights through the auctioneer and his employees. They have the right to expel bidders from the room and thus the possibility of bidding without giving reasons. This applies in particular to people who disrupt the process. In the event of heckling, the bidder is liable for any damage caused as a result. The house and hall rules on display apply.

d) As long as catalog owners, auction participants and bidders do not express themselves to the contrary, they assure that they are only using the catalog and the objects depicted therein from the time of the Third Reich for the purposes of civic education, the defense against unconstitutional efforts, art or science, research or teaching, reporting on current affairs or history or similar purposes (§§ 86a, 86 Penal Code). The auction house, its auctioneers and consignors only offer and deliver these items under these conditions. Reference is made to §§ 130, 189 StGB.

e) The law of the Federal Republic of Germany applies to the legal relationship between the auctioneer and the buyer. In business transactions with merchants who do not belong to the tradesmen designated in § 4 HGB, with legal entities, with special funds under public law and with persons who have their registered office abroad, it is agreed that the place of performance and jurisdiction is Aschaffenburg. Otherwise, the place of performance for both services is the location of the auction. The application of the law on the international purchase of movable property and the uniform law on the conclusion of international sales contracts for movable property is excluded.    

f) Should one or more provisions of these conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The ineffective provision is to be replaced by an effective provision that comes as close as possible to the economic content and purpose of the ineffective provision.