General terms and conditions These Auction Terms and Conditions and General Terms and Conditions of Business contain regulations for consumers as well as for entrepreneurs. Unless expressly provided otherwise, the respective regulations apply equally to consumers and entrepreneurs. Should individual provisions be made solely to consumers or exclusively to entrepreneurs 1. users of these General Terms and Conditions The user of these terms and conditions is Till Rosenkranz, auctioneer. Internet presence at www.klassiker-auktionen.de 2. subject matter of these GTC Subject of these General Terms and Conditions is the regulation of the auction and the sale of movable objects (hereinafter referred to as "goods") by the user as an entrepreneur (hereinafter referred to as "auctioneer") to persons who may be entrepreneurs or consumers (hereinafter referred to as "buyers" or "consumers" and "entrepreneurs"). The auction or sale shall take place either for the account of a third party and in his own name (sales commission) or in the name and account of a third party (agency service) or in his own name and for his own account (own account) of the auctioneer. The auction or sale will take place on site ("live"), by written bid, by telephone bid and/or online. a. If the auction takes place in the name and for the account of the Consignor ("brokerage service"), the Auctioneer shall only act as an intermediary for the Consignor (hereinafter also referred to as "Seller") of an auction item and shall not be involved in the purchase contract between the Seller and the Buyer. There is therefore no liability of the auctioneer from the purchase contract between the seller and the bidder. b. The auctions are voluntary and open to everyone. The auction catalogue entitles you to enter for 2 persons and is available against payment of a nominal fee of 10€ (incl. 19% VAT). c. The object of the auction is used items. The regulations on the sale of consumer goods are waived and therefore do not apply. 3. applicable law The law of the Federal Republic of Germany shall apply exclusively. If the customer is a consumer, this does not apply to mandatory provisions in the consumer's country of residence. 4. registration as buyer, admission as buyer, miscellaneous: a. Registration as buyer: i. Each buyer must register and register in writing before participating in an auction for the first time. ii. If the buyer is a consumer, he/she must provide his/her personal data prior to admission and prove it by presenting a valid identity card. iii. If the buyer is an entrepreneur, he has to prove his entrepreneurial status before accepting the submission of offers. In the case of purchasers domiciled within the territory of the Federal Republic of Germany, it is always necessary to provide proof: copy of the business registration. For merchants and companies entered in the commercial register: Extract from the commercial register. As well as: A copy of the identity card of the proprietor of the business or the natural person registered in the commercial register. For purchases made outside the territory of the Federal Republic of Germany, certified translations of the above foreign language documents into the German language are additionally required. For buyers domiciled in a state of the European Union, it is also necessary to provide you with a valid VAT identification number. In addition, buyers from EU countries other than the Federal Republic of Germany must notify the Auctioneer in writing of the valid international sales tax identification number issued to them prior to submitting their bid for goods subject to statutory sales tax, and must guarantee the Auctioneer in writing that the purchased goods will be immediately transferred to another EU country outside the Federal Republic of Germany. iv. In addition to the aforementioned documents, all buyers must sign a registration form and must confirm the Auctioneer's General Terms and Conditions of Business. In all other respects, the auctioneer reserves the right to the type of registration and documents to be submitted. Internetauction: Please see at www.proxibid.com to register. b. Admission as buyer If the buyer fulfils all requirements, he will receive a confirmation of registration from the auctioneer. This contains the bidder's number determined by the auctioneer (against a deposit of € 5.00). After the auction, the number can be returned and the bidder receives the deposit back. With the bidder's number and if all further requirements according to these general terms and conditions are fulfilled, the buyer can participate in the auctioneer's auctions. c. Bidder on site: After purchase of the auction catalogue, every adult person can register as a buyer (see 4a) and 4b) of these GTC. In order to facilitate payment for successful auctioning of an auction lot, it is also necessary to provide a credit card number. If a bidder does not have a credit card, an exception can be made here after consultation with the auctioneer. The local bidder will then receive an individual bidder's number (against a deposit of € 5.00 - after auction the number can be returned and the bidder will receive the deposit back). The bidder must clearly show this bidder's number when bidding for the auctioneer. d. Written bid: Each bidder can register with the auctioneer as a bidder in advance and place a written bid. This bid must be placed in a sealed envelope with the auctioneer by the day before the auction until 12 noon at the latest, and the auctioneer assumes no liability for late submissions of written bids or letters received too late due to the postal service. e. Telephone bidder: Every registered bidder also has the possibility to place bids as a telephone bidder during the auction. For this purpose, the telephone bidder has to deposit a deposit of 10% of the estimated value of the object (s) for which the telephone bidder is interested in with the auctioneer. In the event of a non-bid or insufficient bid, this deposit shall be repaid/refunded by the auctioneer to the telephone bidder immediately after the auction has ended. Here, the telephone bidder is treated like a local bidder. The telephone bidder has to call the auctioneer on the day of the auction at the latest until 4 p. m. (i. e. one hour before the auction begins) under the telephone number +49-8233- 84 96 222 or +49-171-1570567, to give him a recall number and to name for which lot (s) he is interested. The auctioneer's staff will then contact the telephone bidder about 10 minutes before calling up the lot (s) for which the telephone bidder is interested. The auctioneer's employee then acts as agent of the telephone bidder during the auction and submits all bids of the telephone bidder to the auctioneer. f. Internet bidder: We organize the online auction together with the provider proxibid (www.proxibid.com). The bidder must register on the Proxibid website in order to join the bidding process - the general terms and conditions of Proxibid apply. g. other Every buyer has to inform the auctioneer immediately in writing about any changes of his data (e. g. name, domicile, address). A subsequent change of invoices, etc. is no longer possible without prior written notification. In all other respects, the auctioneer reserves the right to be admitted to an auction as buyer. The auctioneer will not unreasonably refuse admission. 5. auction catalogue, detailed information, inspection The Auctioneer shall advertise items in auction catalogues. Each item is marked with a bid price. With the publication of the auction catalogue, the auctioneer invites the buyer to submit bids. The details in the auction catalogues, as well as other information on the items, come from the consignor and have not been checked for correctness by the auctioneer. The buyer has to check the information for correctness, the auctioneer expressly accepts no guarantee or guarantee for the correctness of this information. The Auctioneer reserves the right to combine, separate, call up or withdraw catalogue numbers in a different order than that provided for in the catalogue. All auction items can be inspected before the auction and - at the risk of the interested party (bidder, buyer) - inspected. The items are used and - insofar as legally permissible - are delivered without liability for material defects and to the exclusion of any warranty. The catalogue descriptions are based on the information provided by the consignor and are provided by the organizer. Any changes are of an editorial nature only and do not affect the Vendor's valuation of the item for auction. The information provided by the Consignor on the technical condition and other information (e. g. age, mileage, fitness to drive) of the subject matter of the contract shall not be checked by the Auctioneer/Organiser. The descriptions in the catalogue do not represent any details of quality within the meaning of § 434 ff BGB (German Civil Code). The estimated prices quoted in the catalogue of the organizer/auctioneer serve - without guarantee for the correctness - only as an indication of the market value of the items to be auctioned off. Claims for damages of the buyer against the organizer/auctioneer, his legal representatives, employees, vicarious agents or assistants in connection with the auction or the conclusion or execution of the purchase contract are excluded. Online bidders are strongly advised to visit the items to be auctioned in person before submitting a bid. The place of the visit is indicated in the auction description. 6. coming into existence of a contract a. invocation The call is made at a bid price determined by the auctioneer individually. The auction will be auctioned at the Auctioneer's discretion, generally by 10% of the first call price. The auctioneer can reject a bid. There is no claim to acceptance of a bid. If a bidder wishes to place bids on behalf of another bidder, he/she must inform the auctioneer prior to the start of the auction by stating the name and address of the person represented and provide a written power of attorney from the third party. A bid shall expire, except in the event of its rejection by the Auctioneer, if the auction is closed without the acceptance of the bid or if the Auctioneer calls up the item again; a bid shall not expire due to a subsequent invalid overbidding. Supplementary applies to written bids: These must be received no later than the day prior to the auction (see 3 b) and name the subject matter, stating the catalogue number and the price quoted, which shall be understood as the sum of the hammer price without any premium or turnover tax; uncertainties or inaccuracies shall be borne by the Bidder. If the description of the auction item does not match the catalogue number given, the catalogue number shall be authoritative for the content of the bid. The auctioneer is not obliged to inform the bidder that his bid has not been taken into account. Each bid will only be used by the auctioneer with the amount required to outbid other bids. b. Surcharge, acceptance of the bid, offer deadline, commitment to bids. The bid shall be accepted if no higher bid is placed after three calls for bids. With the fall of the hammer, a contract of sale is concluded between the seller and the buyer. Notwithstanding this, the auctioneer is entitled to accept or refuse the bid under reserve. Objects will only be added if the minimum price agreed with the consignor has been reached. If the highest bids are below this price, a bid will only be awarded if the Consignor agrees to a knockdown bid by the Auctioneer ("subject to reservation" or "subject to reservation will be cancelled"). In this case, the bidder is bound to his bid for two weeks. If several persons submit the same bid and there is no higher bid after three calls for bids, the auctioneer may, at his own discretion, award the bid to a bidder or decide on the knockdown by drawing lots. The Auctioneer may revoke the successful bid and offer the item again if a higher bid placed in due time has been erroneously overlooked and the Bidder has immediately objected to this or if there are any other doubts about the successful bid. In such cases, a preceding award becomes invalid. It is clarified that the auctioneer is not involved in the contract of sale between the seller and the buyer and is in no way liable for a violation of the contract of sale by the buyer or the seller. The notification of acceptance of an offer subject to reservation shall be made verbally, by telephone or by e-mail. Otherwise, the buyer waives a separate declaration of acceptance. c. purchase agreement In the case of tenders subject to reservation, a purchase contract shall be concluded between the Consignor and the Seller (intermediation contract) or between the Auctioneer and the Purchaser (sales commission or proprietary trading) upon acceptance of a bid, which is subject to acceptance or acceptance of the bid presented in advance. d. Highest bidder: The highest bidder must report to the auctioneer's office immediately after he has been awarded the contract for the object. After the auctioneer's employees have issued the invoices (one invoice for the object and one for the auction fee), the highest bidder must pay the purchase price immediately. If the purchase price cannot be paid immediately, the highest bidder must make a down payment on site as follows: Surcharge: Deposit payable on site: Up to 5.000€ 500 €. Until 15.000€ 1000€ Up to 25.000€ 2.000€ up to 40.000€ 3.000€ 3.000 Over 40.000€ 5.000€ If the bidder should pay this deposit not in cash but by credit card or similar means, the fees due will be charged to the bidder. e. Online auction: Here again the conditions of Proxibid apply (see also 4. f). When the minimum price is reached, the highest bidder wins the bid. 7. purchase price, payment transactions a. consumer The purchase price corresponds to the highest offer of the buyer including the statutory value added tax applicable in the Federal Republic of Germany, currently 19%. b. Buyer from the Federal Republic of Germany The purchase price corresponds to the highest offer of the buyer, including the value added tax (gross purchase price) applicable in the Federal Republic of Germany at the statutory rate in each case. In the case of German buyers, the Auctioneer shall issue a proper invoice with the net purchase price and the outstanding value added tax at the statutory rate. The above rate does not apply if the auction is an auction which is subject to differential taxation in accordance with §25a VAT law. c. Entrepreneurs from EU-countries outside the Federal Republic of Germany The buyer will first receive a gross invoice for the purchase price and the costs of the execution of the contract. If the prerequisites of the German VAT law are fulfilled, the buyer will receive a net invoice for the purchase price and the costs of the execution of the contract. The buyer must pay to the auctioneer a security retention amount of the value added tax rate applicable in the Federal Republic of Germany on the purchase price of the item. The security retention will be refunded to the buyer as soon as the sales tax requirements are met: For this purpose, the auctioneer is to fill out and sign a proof of transfer in advance, and after the item has been exported to another EU country without delay, a proof of receipt is to be sent by post. Payment transactions must be made by bank transfer from a bank account in the name of the buyer. A cash payment of the security deposit is not possible, the payment can only be made to the bank account of the buyer. d. Buyers from non-EU countries (third countries) Buyers from non-EU states (so-called "third countries") must pay the auctioneer a security retention amount to the value added tax rate applicable in the Federal Republic of Germany on the purchase price of the item. The security retention will be refunded to the buyer as soon as the sales tax requirements are met. For this purpose, the auctioneer must be provided with the signature of the completed export declaration, stamped by the EU customs office. The claim to payment of the security withholding can only be assigned to the auctioneer with the consent of the auctioneer. e. Payment transactions, costs of payment transactions, fulfilment, advance performance, costs of the execution of the contract Payment transactions are generally cashless (credit card payments are possible in some cases, the respective credit card fee will be charged to the buyer). The buyer has to pay the bank charges resulting from a foreign bank transfer. The auctioneer is authorized to collect from the consignor. The auctioneer is not obliged to surrender the subject matter of the contract before payment of the purchase price owed by the buyer as well as of the premium owed in each case including any applicable value added tax. Ownership of the auctioned object shall not pass to the buyer until the entire purchase price as well as the owed buyer's premium, including any applicable value-added tax, have been paid to the auctioneer. In addition to the purchase price, the Buyer shall bear the costs of the execution of the contract. The costs of the execution of the contract are due together with the purchase price. After conclusion of the contract, the buyer is obliged to pay the purchase price and the costs of the execution of the contract in advance. The buyer thus receives the item only after complete fulfilment of his payment obligations. If the buyer is a consumer, the cost of the contract is 5.95% of the purchase price including 19% VAT (note that the minimum premium at Automobilia is 11.90 € (incl. 19% VAT). In the case of online auctions, the costs of contract processing amount to 9.52% of the purchase price including 19% VAT. If the buyer is an entrepreneur, the costs of the execution of the contract amount to 5% of the purchase price plus the applicable statutory value added tax (note that the minimum premium at Automobilia is 10 € plus the applicable statutory value added tax). In the case of online auctions, the costs of contract execution for the entrepreneur amount to 8% plus the applicable statutory value added tax. 8. electronic invoices The buyer agrees to the transmission of electronic invoices. The auctioneer is not obliged to transmit electronic invoices. 9. collection a. The item is to be collected by the buyer at the buyer's expense at the location of the item notified in the auction catalogue. For internet bidders please give us a call, if you need a helping hand for shipment/transportation. b. Entrepreneurs from EU-countries outside the Federal Republic of Germany as buyers can only collect the goods from the territory of the Federal Republic of Germany by a forwarding agent commissioned in the name and for the account of the buyer and have them carried out. i. It is not permitted for third parties to pick up or collect the goods themselves. ii. A forwarding agent must present a forwarding agent's certificate in accordance with the requirements of the auctioneer ("extended forwarding agent's certificate"). c. The item must become collected at least 3 days after the auction. After this please call us to arrange storage – for internet bidders storage is free for the first 14 days after the auction ends. ( If you need longer to get shipment arranged – please give us a call). 10. terms of payment a. maturity The purchase price and the costs of processing the contract are due immediately in full after receipt of the invoice. The successful bidder shall be obliged to accept and pay; upon its award, the risk, in particular the risk of accidental loss and accidental deterioration of the auctioned item shall pass to the buyer, who shall also bear the costs. The costs of handover, acceptance and dispatch to a location other than the place of performance shall be borne by the buyer (bidder). b. late payment i. Costs of reminder The first reminder is free of charge. The second reminder in case of non-payment will be charged to the buyer with 5 EUR, unless the buyer proves that the auctioneer has not incurred any expenses or not in this amount. The auctioneer reserves the right to prove higher dunning charges. ii. default interest If the buyer is an entrepreneur, the auctioneer shall be entitled to charge interest on arrears in the amount of 9 percentage points above the respective base interest rate in the event of the buyer's default, if the buyer is an entrepreneur within the meaning of §14 BGB (German Civil Code). He reserves the right to assert higher damages. The buyer reserves the right to prove that the auctioneer has suffered no or less damage caused by delay. iii. flat rate If the buyer is an entrepreneur, the auctioneer is additionally entitled to a lump sum of EUR 40 in the event of default by the buyer, if the buyer is an entrepreneur within the meaning of §14 BGB (German Civil Code). This shall also apply if the Auctioneer's claim is a partial payment or other instalment payment. The lump sum shall be set off against any compensation owed, insofar as the damage is justified in the costs of legal proceedings. c. Rights of set-off and retention of the buyer A buyer is only entitled to rights of set-off and retention if his counterclaims are legally established or undisputed or accepted by the auctioneer. d. other If the auctioneer demands damages instead of performance and if the object is auctioned again, after a reasonable period of time has been unsuccessfully determined for performance or performance, the buyer whose rights expire from the preceding knockdown shall be liable, in addition to the costs for the storage of the object of the auction, both for the lost profit and for the reimbursement of the futile expenses; he shall be entitled to an increase in proceeds achieved at the remaining auction. 11. stall money If the buyer's default of acceptance leads to a delay in acceptance, the auctioneer may charge 30 EUR per day of default of acceptance in addition to the respective statutory value added tax. The buyer is allowed to prove that the auctioneer has not suffered any damage or a substantially lower damage. The auctioneer is allowed to prove that a higher damage has occurred. 12. liability of the auctioneer a. Warranty claims, liability i. Liability for material defects and defects of title Liability for material defects and defects of title is excluded. ii. Liability for negligence in contract negotiations and tortious liability Liability due to fault in contract negotiations and tort is excluded. iii. Liability for delay in performance, liability for impossibility of performance Liability due to delay in performance and liability in case of impossibility of performance are excluded. iv. Limitation of liability exclusions The auctioneer's liability vis-à-vis the buyer is excluded from the above exclusions of liability for wilful intent or malice or an expressly declared guarantee, damage caused intentionally or by gross negligence, Damage due to culpable violation of essential contractual obligations by the auctioneer, his legal representatives or vicarious agents, Damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by the auctioneer, his legal representatives or vicarious agents. b. Scope of liability for damages due to culpable breach of essential contractual obligations In the case of negligently caused damage to property and pecuniary loss resulting from the breach of essential contractual obligations, the auctioneer's liability shall be limited to the amount of damage foreseeable and typical for the contract at the time of conclusion of the contract (essential contractual obligations are those whose fulfilment shapes the contract and on which the customer may rely). 13. statute of limitations a. statute of limitations The period of limitation for the Buyer shall be one year, with the exception of the claims referred to in Clause 12 a iv.), for which the statutory periods of limitation shall apply. b. Start of the limitation period In the case of all claims, the limitation period shall commence with the acceptance of the goods with the exception of the claims mentioned in Section 12 a iv.), for which the statutory commencement of the limitation period shall be decisive. 14. Place of Performance and Exclusive Jurisdiction, General, Prohibition of Assignment a. place of performance If the buyer is an entrepreneur, the place of performance is the auctioneer's domicile. b. Exclusive place of jurisdiction If the buyer is a consumer and does not have a domicile in the Federal Republic of Germany when the contract is concluded or if he has moved his domicile abroad after the conclusion of the contract or if the domicile is not known at the time of bringing an action, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the domicile of the auctioneer. Exclusive courts of jurisdiction, e. g. for legal dunning proceedings, remain unaffected. If the buyer is an entrepreneur, the seat of the auctioneer is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. This shall also apply in the event that the buyer has not moved his residence abroad at the time of conclusion of the contract or after conclusion of the contract or if the domicile is not known at the time of bringing an action. c. general Should individual parts of these General Terms and Conditions of Business violate statutory provisions or be ineffective for other reasons, this shall not release the Buyer from the obligation to accept the goods and to comply with the other agreements. Should one of the provisions be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the ineffective provisions shall be replaced by the legal provision which comes closest to the ineffective provision in economic terms. The foregoing shall also apply in the event of loopholes. The legal relationship between the auctioneer/organizer and the bidder (buyer) as well as the seller (seller) shall be governed by the law of the Federal Republic of Germany. d. assignment prohibition If the buyer is an entrepreneur, the rights of the buyer from the closed purchase contract and from these general terms and conditions are only transferable with the consent of the auctioneer. Section 354a of the German Commercial Code (HGB) remains unaffected. Klassiker Auktionen – Till Rosenkranz Industriestr. 14 D- 86438 Kissing Germany Fon: +49-8233-84 96 222 Fax: +49-8233-84 74 182 Kissing, January 2018