4. Participation in an Auction

4. Participation in an Auction

4.1 As a rule, items can be purchased at auction by participating in the auction in Auctionata’s auction room. The customer may participate in an auction in person through his presence in the Auctionata auction room, (although the number of participants may be limited by Auctionata,) or may be represented at the auction. The customer may also participate in the auction via means of communication such as letter, fax, telephone, email, or his user account on the Auctionata website.

4.2 Online absentee bids, written purchase orders and bids by telephone shall constitute a commissioning of Auctionata by the customer to place bids on his behalf and to enter into a purchase agreement with Auctionata if he places the winning bid. In this respect, the customer authorizes Auctionata to place bids on his behalf and to enter into the purchase agreement resulting from the winning bid. In this respect, Auctionata is granted an exception from the provision of Section 181 of the German Civil Code (BGB) by the customer.

a) The following shall apply to online absentee bids and written purchase orders (together referred to as “purchase orders” or referred to singularly as “purchase order”):

  • Auctionata shall remain free to reject requests or to cancel accepted requests up until the winning bid is accepted at its own discretion
  • Commissioning shall always be restricted to the item specified in the order form (in accordance with the specified lot number) and the specified maximum purchasing limit (i.e. the maximum price to be bid)
  • The maximum purchasing limit must not be lower than the starting price. The maximum purchasing limit will only be exhausted if there is another bidder. If no one else bids on the relevant item, the customer’s bid will automatically be accepted at the starting price. To clarify: The specified maximum purchasing limit relates only to the purchase price excluding the buyer’s premium, contribution to the resale royalty right , shipping and shipping insurance costs and statutory VAT; Auctionata shall charge extra for these in accordance with figure 8.1
  • Auctionata is entitled to bid confidentially on behalf of the consignor up to the potential minimum selling price determined by the consignor (“Reserve”). Auctionata displays these as anonymous bids (either “Live Bid” or “Commission Bid”). If the auction goods are knocked down for the consignor, consignor must pay the general buyer’s premium as stated in the table of fees for buyers.
  • The order form may not be used to communicate other messages to Auctionata going beyond the distinct purchase order. Under no circumstances will Auctionata take messages of this kind noted on purchase orders into account. Auctionata reserves the right to reject the purchase order in such cases
  • The customer may cancel the purchase order in writing (fax, letter, email) up to 72 hours before the auction begins without citing reasons. Such cancellation is permissible up to 72 hours before the auction begins. Cancellation later than 72 before the auction begins, or after the auction has begun, is excluded in principle; it may be permitted in individual cases at the discretion of Auctionata, however. In cases of cancellation, Auctionata shall be entitled to charge an administration fee in accordance with the schedule of fees for the Auction for each item specified in the purchase order. The customer reserves the right to provide evidence of lower damages.
  • If, despite having submitted a purchase order, the customer wishes to bid in the Auction simultaneously by using his user account or by telephone, for example, he or she must inform Auctionata of this in writing (fax, letter or email) at least 24 hours before the start of the Auction. If the customer does not comply with his announcement, Auctionata shall be entitled to carry out the order as stipulated in the order form. If the customer made such notification towards Auctionata, but actually does not perform accordingly meaning does not bid at auction, Auctionata shall be entitled to treat the notification as a cancelation of the purchase order with the related costs.

b) The following shall apply to bids by telephone:

  • Auctionata shall remain free to reject requests or to cancel accepted requests up until the winning bid is accepted at its own discretion
  • Commissioning shall always be restricted to the item specified in the order form (in accordance with the specified lot number)
  • Auctionata will contact the customer by telephone before the items specified in the order form are auctioned using the contact details provided by the customer. If Auctionata is unable to make contact, despite having made three attempts to do so, Auctionata will implement the order concerning the items specified in the order form in the same way as a written purchase order, i.e. Auctionata will place bids up to the starting price. If no one else bids on the relevant item, the customer’s bid will automatically be accepted at the starting price. To clarify: The winning bid at the starting price relates only to the purchase price excluding the buyer’s premium, contribution to the resale royalty right, shipping and shipping insurance costs and statutory VAT; Auctionata shall charge extra for these in accordance with figure 8.1.
  • During the telephone conversation, the telephone bidder must state that he or she accepts these general terms and conditions and has acknowledged the auction announcements. The conversation may be recorded by Auctionata for documentation purposes; the caller will be informed of this in advance. Auctionata reserves the right to reject bids placed by telephone or to make the consideration of a bid conditional upon the payment of a deposit or a creditworthiness check
  • The customer may cancel the purchase order in writing (fax, letter, email) up to 72 hours before the auction begins without citing reasons. Such cancellation is permissible up to 72 hours before the auction begins. Cancellation later than 72 before the auction begins, or after the auction has begun, is excluded in principle; it may be permitted in individual cases at the discretion of Auctionata, however. In cases of cancellation, Auctionata shall be entitled to charge an administration fee in accordance with the schedule of fees for the Auction for each item specified in the purchase order. The customer reserves the right to provide evidence of lower damages.

4.3 During the auction, bids from customers present in the auction room, but also bids placed via communication means such as letter, fax, telephone, email or the user account on Auctionata’s website will be considered, which may result in a bidding process between the bids placed in the auction room and the written purchase order placed, for example, but also between two written purchase order or a bid placed by telephone or via the user account on Auctionata’s website.

Auctionata reserves the right to do not to accept bids or bids or to make the consideration of a bid dependent upon a down payment and/or the provision of security or credit report information.

4.4 Only verified customers are allowed to participate in an auction.

4.5 In the case that technical problems prevent the continuation of an already running auction the following shall apply:

  • All winning bids that were made before the arising of the technical problems shall remain valid.
  • All items from a weekly auction which have not yet been auctioned off shall be auctioned off at a later point in time.
  • If a special auction is affected, the auction shall be continued at a later point in time. All persons who were in the auction room at the time that the auction was suspended or have used communication means such as letter, fax, telephone, email or the user account on Auctionata’s website shall be notified of the new time for the auction in writing via email and the time for the new auction shall be published one week in advance on the websitewww.auctionata.com or any other website operated by Auctionata.