Rub.-Smar.-Collier, 750 GG 13,85

Auction conditions
The following terms and conditions of Auktionshaus Bayer (- hereinafter referred to as Auctioneer
-) apply to both auctions, after /free sale of auction goods and all Internet live bidding systems.
(Status March 2019)
§ 1 Scope of application
(1) The auctioneer auctions or sells in the name and for the account of the consignors (clients). The
auctioneer is entitled to assert all rights of the consignor arising from the knockdown or purchase in
the consignor's name.
(2) These Auction Terms and Conditions shall also apply to auctions and sales on site.
§ 2 Auction
(1) The auctioned items are second-hand. They shall be auctioned off in the condition they are in at
the time of the auction.
(2) The objects put up for auction may be examined, tried on and inspected before the auction.
(3) The auctioneer (as well as the consignor) shall not be liable for any defects of the items. All
information and descriptions of the items do not constitute warranted characteristics pursuant to §
459 BGB.
(4) The catalog information serves to present the items and has been written by the experts of the
Auction House to the best of their knowledge and belief. However, they do not represent any
guarantee information on the part of the auctioneer pursuant to §443 BGB.
(5) The prices stated are call prices, not estimated values.
(6) The auctioneer reserves the right not to disclose the identity of the seller.
§ 3 Bids, Bidding Orders
(1) The Auctioneer is entitled to exclude persons from the auction. The exclusion does not require
any justification on the part of the Auctioneer.
(2) The Auctioneer may combine, separate or withdraw lot numbers or call them out of sequence.
He decides on the acceptance or rejection of a bid.
(3) Written as well as online bids must be received one day prior to the auction date.
(4) The bid shall be accepted after the highest bid has been called three times. A premium of 25%
shall be added to the hammer price.
(5) With the submission of a written, telephone or personal bid and its acceptance, an irrevocable
purchase contract is concluded, which obligates the bidder to accept and pay the hammer price.
(6) If there are disagreements about the knockdown or if a bid was overlooked, the Auctioneer shall
decide whether to declare the knockdown invalid and to call the item again.
§ 4 Final Price, Taxes
(1) A buyer's premium of 25% shall be added to the hammer price. The buyer's premium includes
the statutory sales tax, which is not shown due to the application of the differential taxation
according to § 25a UstG.
(2) The standard taxation shall continue to apply to all goods that do not meet the requirements of §
25a UstG.
§ 5 Telephone bidders and online bidders
(1) If a written order exists, telephone bidders will be contacted by telephone before the desired
object is called. The auctioneer does not guarantee that a telephone connection will be established.
The bidding steps of the telephone bidder are binding and will be executed by our staff on behalf of
the bidder.
(2) In the case of knockdowns on online cooperation platforms, sales commissions may be added,
provided that these are shown on the website of the cooperation partners.
(3) Likewise, the auctioneer does not guarantee the technical possibility of an Internet connection or
the timely transmission of bids during an ongoing auction.
§ 6 Liability, Warranty
(1) The auctioneer is not liable for errors. Liability is limited to intent and gross negligence on the
part of the auctioneer, as well as all employees and vicarious agents (e.g. defects of title, nonperformance,
impossibility, culpa in contrahendo, tort).
(2) Warranty claims on the part of the Purchaser due to material defects of the Object purchased by
auction are excluded.
§ 7 Retention of Title, Transfer
(1) Once the bid has been accepted, all risks shall pass to the successful bidder (e.g. risk of
accidental loss or accidental deterioration). Ownership shall not pass to the bidder until full
payment of the hammer price including premium has been made.
§ 8 Payment, collection, shipment
(1) The purchase price is due within 14 days and the items are to be collected within one week (in
case of on-site auctions within 3 days).
(2) The buyer is entitled to the surrender and transfer of ownership of the goods upon payment of
the full invoice amount.
(3) In case of delayed payment, a reminder will be sent and a late payment surcharge of 3% will be
charged. In the event of further default, the auctioneer may optionally demand performance of the
purchase contract or damages for non-performance. The items can be called again in a new auction.
Any shortfall in proceeds as well as the costs and fees of the new call shall be borne by the
defaulting bidder. The rights of the defaulting bidder arising from the previous acceptance of the bid
shall lapse with the new acceptance of the bid.
(4) If the buyer is in default with the collection, a fee of 5.- Euro plus VAT will be charged for the
storage per week. The collection of the stored items is only possible after confirmation of the date.
§ 9 Place of performance, place of jurisdiction
(1) Place of performance and jurisdiction is Constance. German law shall apply.
§ 10 Addition
(1) Catalogue owners, auction participants and visitors and buyers in the post-sale assure - as long
as they do not express themselves to the contrary - that they are using the catalog and / the objects
described or depicted therein and exhibited in the auction house from the time of the German Reich
from 1933 to 1945 (so-called "Third Reich") only for the purpose of civic education, the defense
against unconstitutional endeavors, art or science, research or teaching, the reporting of
contemporary events or history or for similar purposes (§§ 86a, 86 German Criminal Code). The
auction house and its consignors offer and sell these items only under these conditions.
Thus, the acquisition of items and books from this period under the above-mentioned conditions in
accordance with Sections 86a (3) or 86 (3) of the Criminal Code does not constitute a criminal
offense within the meaning of Section 86a (1) of the Criminal Code. Under these circumstances,
therefore, it is in principle permissible to sell and acquire orders and decorations not listed in
Section 6 (1) of the Law on Titles, Orders and Decorations, as well as badges with National
Socialist emblems, contrary to the provisions of Section 6 (2) of the Law on Titles, Orders and
Decorations.
Therefore, the Federal Minister of Justice, by letter 4021-2-2 II-23 584/81 of October 18, 1981,
expressly declared to the then chairman of the Bund deutscher Ordenssammler e. V. (today:
Deutsche Gesellschaft für Ordenskunde e. V.) that the acquisition of orders and decorations from
the period of the so-called "Third Reich" by serious and organized collectors with the aim of adding
these items to a collection does not constitute a criminal offense in the sense of the law.
Orders and decorations of the Federal Republic of Germany and its federal states, as well as their
miniatures, ribbon bars, buttonhole loops and ribbon buckles, may only be given to authorized
persons according to § 14 para. 3 Law on Titles, Orders and Decorations. In this context, entitled
persons are not only those who have been granted the title, but also all those persons who are in
possession of a collection permit. This collective authorization is granted upon request by the
respective competent authority, whereby the responsibility for this is regulated differently in the
individual federal states. According to the commentary to the Act, the granting of such a permit can
only be refused by the competent authority if there are serious grounds for doing so. By bidding on
orders and decorations of the Federal Republic and its federal states, their miniatures, ribbon bars,
buttonhole ribbons and ribbon buckles, the customer assures to be in proper possession of such a
collective permission.
§ 11 Severability clause
(1) Should terms and conditions be invalid in whole or in part, the validity of the remaining terms
and conditions shall remain unaffected.
(Status March 2019)