Here you will find our current terms and conditions of the web auctions (online auction).

 

Auction conditions - Balkan Imperium Art / www.balkanimperiumart.de / Mr. Yatsov Petko

1. Scope

The following terms and conditions apply exclusively to all deliveries and services of the Balkan Imperium Art Auction / Mr. Yatsov Petko. You differentiate between the rights of the consumer according to § 13 BGB and the entrepreneur according to § 14 BGB. These conditions apply in particular to subsequent orders without another express agreement, unless otherwise agreed in writing between the parties. Deviating terms and conditions of the customer are hereby expressly contradicted. This objection also applies if the customer has specified a special form for the objection.


1a. Catalogs / website on biddr.ch

The coins and ancient objects in our auctions are shown and described in an auction catalog or on the Internet. All contents of our catalogs are subjective assessments and do not represent any guarantees according to § 443 BGB for the quality of the coin. We reserve the right to correct or supplement catalog details until the auction.

All coins in our premium auctions and our eAuction can be viewed and checked before the auction at an offer price of EUR 500 or more. All coins are used and will be auctioned in the condition in which they are at the time of the auction.

In the event of suspicion and if the value exceeds 2500 €, the consignor has to prove that the coin comes from legal sources and has not previously been illegally imported or exported. Balkan Empire Art Auction / Mr. Yatsov Petko implements all the requirements of the Cultural Property Protection Act within reasonable limits. An individual check of the provenance of the coin is therefore only carried out if the value exceeds € 2500.

According to the law, we (Balkan Imperium Art Auction / Mr. Yatsov Petko) are archaeological cultural goods that are more than 100 years old and whose value exceeds € 0.- and other cultural goods, such as coins, whose value exceeds € 2,500.00 In principle, obliged to determine the name and address of the purchaser (Section 42 (1) 1 KGSG), to record this, also in electronic form (Section 45 (1) KGSG) and to keep these documents for 30 years (Section 45 (1) 2 KGSG). We are obliged to submit these records to the responsible authorities or, if necessary, to an acquirer upon request (§§ 46, 48 KGSG). With our assignment, you agree to this and release us from confidentiality and data protection obligations and waive the right to erasure.

 

1b. Scope and recognition

These auction terms and conditions as "General Terms and Conditions Web Auction" (hereinafter referred to as GTC) apply to all business relationships between the Balkan Imperium Art / Mr. Yatsov Petko, Ilensee 5c, Schleswig, Germany (hereinafter "Auctioneer") and the participants in a " Web Auction ”of the auctioneer on his auction platform www.balkanimperiumart.de, on which these terms and conditions can be viewed at any time and saved as a downloadable PDF file. By submitting a bid - in whatever form - in its current version, you will be recognized in its entirety and as binding on your own. The general terms and conditions also apply if other websites use the auction website www.balkanimperiumart.de in such a way that they provide access to a web auction in whole or in part. Any conflicting or deviating terms and conditions of participants in a web auction, even if their validity is not specifically contradicted in individual cases, are not effective and will not be recognized by the auctioneer unless their (partial) validity is expressly agreed in writing.

  1. Web Auction

The Web Auction is a public and voluntary auction of Balkan Imperium Art / Mr. Yatsov Petko (auctioneer) of movable items from the field of numismatics, antique art and antiques in the broadest sense. The auctioneer acts as commission agent in his own name for the account of the owner (seller) who remains unnamed. The Web Auction takes place as a time-limited event in accordance with the provisions of the Ordinance on Commercial Auctions (BGBl Jg 1976, Part I, 1346, Auctioning Regulations - VerstV), in accordance with the legal provisions of the BGB and HGB applicable to commission agents and in accordance with these auction terms and conditions as an online auction on the internet auction platform www.balkanimperiumart.de under the direction of an auctioneer personally present during the auction in euros.

  1. Registration and registration

After a one-time registration, each web auction requires a separate login with a password. Registration must be carried out by a legally competent natural person with truthful and complete data under a self-selected and confidential password. The auctioneer is not liable for damage resulting from misuse of a password. Legal entities may only be registered through named and authorized natural persons. Only one registration per person is permitted. No mailbox may be given as the address. The participant is obliged to keep his registration data up to date. Damage from incorrect or out-of-date data must be borne by the participant. Deliveries to the last address given to the auctioneer by the auction participant are deemed to be effective regardless of whether the auction participant is (still) staying there. The data is transmitted in encrypted form to ensure the greatest possible security. The auctioneer undertakes to treat the data with absolute confidentiality. The disclosure of customer data is only permitted if there is a legal obligation to provide information, for reasons of contract performance.

  1. Auction catalog, lot descriptions and inspection

The pieces to be auctioned are presented for at least one month in the form of lots described in an online auction catalog (which can also be printed out as a downloadable PDF file) as an invitation to submit an offer. The lot descriptions are carried out by experts according to their subjective convictions with the greatest care and to the best of their knowledge and belief. They are neither guarantees in the sense of the purchase law nor assurances of a certain property or a certain value. They serve only for information, explanation, classification and delimitation. In the case of coins, the information on preservation is made strictly according to the preservation classifications usual in coin trading. The lots will be auctioned in the condition in which they are at the auction. All lots can be viewed in detail on the Internet or in real life two days before the auction by appointment at the auctioneer's location or at other locations depending on the auctioneer's decision (e.g. at stamp fairs). During the real tour, interested parties can have the properties of lots explained to them in a personal conversation.

  1. (pre-) bids, increments and sub-bids

From the presentation of the online auction catalog, bids can be submitted online or in writing for all lots. Through pre-bids, the bidder commissions and authorizes the auctioneer to submit bids on his behalf and, in the event of a knockdown, conclude the resulting purchase contract for the bidder with the auctioneer. In this case, the bidder releases the auctioneer from the conflicting provisions of Section 181 of the German Civil Code (in-house business). (Written) bids sent to the auctioneer are carried out in strict interest according to the rates of increase, but without guarantee. This means that a transmitted maximum bid will only be used to the extent that it is necessary to outbid an existing bid or competitive bids received later by an increase level.

                                           Bid: 
bis € 20:                          € 1
ab € 20:                           € 2
ab € 50:                           € 5
ab € 100:                        € 10
ab € 200:                        € 20
ab € 500:                        € 50
ab € 1'000:                    € 100
ab € 2'000:                    € 200
ab € 5'000:                    € 500
ab € 10'000:                 € 1'000
ab € 20'000:                 € 2'000
ab € 50'000:                 € 5'000
ab € 100'000:              € 10'000
ab € 200'000:              € 20'000
ab € 500'000:              € 50'000

Sub-bids are not accepted. Bids that do not correspond to the increase levels are rounded up, bids such as "at least", "best" or "absolutely" are executed at the auctioneer's discretion up to ten times the starting price, but have no unconditional claim to a knockdown. If the bids are the same, the order in which the bids are received decides. Inquiries regarding existing (amounts of) bids will not be answered. All bids must be received by the auctioneer two hours before the start of the auction, otherwise they will no longer be taken into account.

The auctioneer and the auctioneers are entitled to refuse bids, withdraw lots from the auction, combine lots into one lot or split them into several lots, even without giving reasons, block IP addresses for the web auction, people from the Exclude auction and remove any bids that have already been placed from the current auction. A new registration - even if only indirectly via a third party - to participate in a web auction after an exclusion is only permitted with the express consent of the auctioneer, otherwise the excluded person for all costs and damages as a result of their new registration and (defense against) their activities is liable on the auction platform of the auctioneer.

  1. Pricing procedure and surcharge

Each lot can be called up - e.g. B. with a bid value increased by pre-bids - a higher bid by an increase level than live online bids are immediately submitted. Each existing highest bid triggers the intermittent call sequence "FIRST, SECOND AND THIRD!". Each overbid starts the sequence anew as the new highest bid. Only when the sequence is no longer interrupted by an overbid does it end with “ZUM THIRD” or the highest bid is awarded as the highest bid and the bid is awarded to the highest bidder. Through this pricing process, in which the bidders can react directly to competing bids in the form of overbidding in an instantaneous and situation-related manner, as an important element of an auction, one for the seller and the buyer at the time of the auction best possible price achieved. If only one bid has been placed on a lot, the bid will be added to the starting price. In justified cases, the auctioneer and the auctioneers are entitled to withdraw the bid and to offer the lot again. With the knockdown, the risk of unjustifiable loss or damage is transferred to the buyer, but ownership only after the auctioneer has received full payment of the total invoice amount.

  1. Contract conclusion and overall invoice

Each bid on a lot represents a legally binding offer to the auctioneer for the conclusion of a purchase contract, which remains in effect until an overbid is placed or the auction is closed without a knockdown. When the auctioneer declares his intention to accept the highest bid in connection with the knockdown, a purchase contract is concluded between the bidder and the auctioneer by auction. (§ 156 BGB). The purchase contract obliges the buyer to accept all lots bought by him and to pay the total invoice amount in euros. This also applies to surcharges resulting from incorrect entries by the bidder.

8 .. buyer's premium

The basis for calculating the buyer's premium is the hammer price (net price) of the lots+ 15%, sales tax-free services in accordance with §19 UStG. Purely net. sold.

The following applies to buyers from countries of the European Union: Consumers pay a uniform premium of 15%. + postage and insurance. The invoice can be issued tax-based for traders. Intra-European goods traffic can be exempt from sales tax in accordance with the statutory provisions (with sales tax ID number).

For buyers residing in third countries (outside the EU): Buyers pay a 15% buyer's premium. If the Balkan Imperium Art / Mr. Yatsov Petko exports the goods himself or through third parties to third countries, the invoice will be created without statutory sales tax. If the goods are exported to the third country by the buyer himself or by a third party, the statutory value added tax is calculated and reimbursed upon presentation of the necessary export certificates. In any case, the buyer bears import taxes or customs duties in the third country himself. A fee of € 2.00 per auction lot is charged. A premium of 15% applies to gold coins that are exempt from VAT.

  1. Shipping, collection and cash payment

The paid lots will be shipped at cost price shortly after receipt of payment by post or a private delivery company after the auctioneer's decision. Another form of dispatch requires the consent of the auctioneer. The goods will be shipped to the address given by the buyer to the auctioneer and, if the buyer is an entrepreneur, also at his risk. Upon prior notification by the buyer, it is possible to collect the items in cash from the auctioneer up to fourteen days after the auction closes after making an appointment with cash payment of the total invoice amount.

  1. Due date

The total invoice amount is due within one week of the invoice date. Payment by the buyer must be made free of charge and without any deduction in advance by bank transfer to one of the bank accounts mentioned in the auction invoice. Payment must be made in such a way that it reaches the auctioneer no later than 14 days after the invoice has been delivered. The buyer has to bear any costs of money transactions. Payments in foreign currencies are accepted according to the settlement date and euro credit of a major bank, whereby differences due to exchange rate fluctuations are borne by the buyer. A right to surrender of auctioned lots only exists after full payment of the total invoice amount for all lots auctioned by the buyer in the auction plus any costs and interest accrued. Any other payment method is only permitted after prior written agreement with the auctioneer. When buying for a third party, the bidder is jointly and severally liable. With an invoice issued by the auctioneer in the name of the third person at the request of the buyer, the auctioneer will only recognize a further performance obligation of the third person, no further rights will be granted to the third person. The liability of the buyer remains unaffected. When paying an invoice with PayPal, 5% will be added to the invoice price. This is a fee for PayPal

  1. Delayed payment, refusal of acceptance and partial payments

In the event of late payment or refusal to accept the lots sold, the buyer loses his rights from the surcharges. 1.5% interest per month is charged as default damage. In addition, the auctioneer can either demand fulfillment or, after setting a deadline, compensation for non-performance; the compensation can also be calculated in such a way that the item is auctioned again in a further auction and the defaulting buyer has to pay for a reduced profit compared to the previous auction and the special costs of the repeated auction including the auctioneer's fees. In the event of the final non-acceptance of lots sold, but no later than three months after the original auction date, the auctioneer will charge the debtor at least the failed auction commission as compensation for non-performance. The debtor reserves the right to prove that the auctioneer has not suffered any damage at all or has suffered much less than this flat rate. Partial payments by a buyer for several auctioned lots may, at the auctioneer's option, be credited against any claim against the buyer for whatever legal reason. The buyer can only offset against the auctioneer and / or consignor with counterclaims that are both in connection with his liability and that have been determined in court or have been expressly recognized by the auctioneer or consignor. The purchaser's rights of retention due to claims from other transactions with the auctioneer or the consignor are not permitted.

  1. Defects

The auctioneer assumes no liability for defects, insofar as he has fulfilled his duty of care. All collections, collections, dealer lots, wholesale lots and estates will be auctioned "as is" - notices of defects are excluded. Except for collections, however, the auction house undertakes to assert its warranty claims against the consignor within a period of one year due to justified notices of defects, which must be reported to it no later than one week after receipt of the items. If the consignor is successfully used, the purchase price paid including the buyer's premium will be reimbursed; a further claim - also for reimbursement of complaint costs such as postage, inspection fees, etc. - is excluded.

  1. Legal jurisdiction, place of performance and jurisdiction

German law applies. Any consumer protection that consumers are entitled to through more favorable regulations in mandatory legal provisions of the state in which they are domiciled or habitually resident remains unaffected (principle of favorability). Should one or more conditions of these auction conditions be ineffective in whole or in part, this does not affect the

Validity of the other conditions. The ineffective conditions are to be replaced by effective conditions that come closest to the ineffective in their economic content and purpose. The same applies to legal gaps. For all texts in several languages, only the German wording is binding if there are differences in understanding. Place of performance and jurisdiction for commercial transactions is 24837.Schleswig, Germany.

  1. Special conditions for the web auction

The participation in the web auction and the use of the systems provided by the Balkan Imperium art / Mr. Yatsov Petko is limited to the current state of the technical equipment of www.balkanimperiumart.de. The Balkan Empire art / Mr. Yatsov Petko reserves the right to implement corresponding changes. The participants accept that technical malfunctions can occur and are obliged to inform the auction house accordingly. The auction house and auctioneer are not liable for disruptions in the online connection, nor for the compatibility of the hardware and software used. Sellers and bidders have no claims against the auction house and auctioneer if a bid or knockdown does not come about or does not come about in time.

  1. Post-sale

The resale of unsold lots takes place for a limited period. The surcharges automatically issued via an online catalog or online platform, or pledges via e-mail, telephone or other means, are only binding once the invoice has been received. The surcharges are calculated in accordance with point 8 of these conditions.

By submitting bids for lots from the Nazi era, which are provided with Nazi emblems and / or Nazi symbols or the like, the bidder undertakes to acquire them only for historical-scientific purposes and in no way propaganda in the To use according to § 86, 86a StGB.

 

Stand: 26.02 2021 Der Versteigerer

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