Terms and Conditions for auctions in Germany
1 - Area of validity
Our below General Terms and Conditions apply to all legal transactions between Acr Auctions GmbH and the customer. We expressly do not recognize any purchasing conditions witch deviate from our General Terms and Conditions.
An acknowledgement of different purchasing terms applies only if we have confirmed such application in writing.
2 - Conclusion of Contract
Your order constitutes a legally-binding offer to us to conclude a purchasing contract.
A legally-valid purchasing contract only takes effect if we have accepted your offer within 14 days.
This is done by our confirming the order in writing or by sending the ordered product to you. We shall confirm receipt of an order placed via the internet immediately by sending an e-mail to the e- mail address you have given. This confirmation of receipt is not yet a binding acceptance of the order, although our declaration of acceptance can be combined with a confirmation of receipt. No liability is accepted for the accuracy, completeness and up-to-dateness of the texts and images in the internet and in catalogues. Texts and images are subject to misprints and error.
Verbal information provided without a written order is not binding and must be set down in writing to become effective. Upon placing an order you accept our General Terms and Conditions.
3 - Cost of shipping and insurance
The cost of shipping and insurance of the purchased lots is calculated according to the tables below published on our website www.artcoinsroma.com (de, it, co.uk)
4 - Terms of Delivery and Delivery Period
Items are only delivered after payment in advance, particularly to purchasers unknown to us, unless otherwise agreed. If awarded, an invoice shall be sent to you when we accept your offer which you must pay within 10 days. After receipt of payment we shall send the goods to you within 14 days.
If we are temporarily unable to deliver the purchased item within the agreed delivery period, or within 14 days, or to duly fulfill the contract due to shutdowns, strikes, lockouts, regulatory actions or other cases of force majeure, the delivery period shall be extended by the duration of the hindrance. In this case, we shall immediately inform the customer of the hindrance and its anticipated duration. Should the hindrance persist beyond four weeks, both parties shall thus have the right to rescind the contract.
If the buyer is a consumer, for a mail-order purchase the risk of incidental demise or deterioration of the purchased item is only transferred when the merchandise is handed over to the buyer. The merchandise shall be considered handed over if the consumer is in default of accepting the purchased merchandise. Shipping is covered under appropriate insurance policies.
5 - Payment
All prices are in Euros, including any value-added tax applicable at the time of the order.
Any other taxes, along with import and export taxes, are to be paid by the customer. Wherever applicable, the customer is to inquire about this beforehand or contact us.
In the case of cash in advance and delivery on open account, payment is to be made to one of our following bank accounts within 10 days after receiving an invoice:
Our banking coordinates:
– Sudtiroler Sparkasse AG, codice IBAN: DE62700126000160028513 – Nr. Conto: 160028513 – SWIFT/BIC: SUSKDEM1
– HypoVereinsBank, codice IBAN: DE67700202700015413108 – Nr. Conto: 015413108 – SWIFT/BIC: HYVEDEMMXXX
We accept payments via credit card (VISA and MASTERCARD). In case of payment by credit card will be charged a fee in the invoiced amount. Please check on our website www.artcoinsroma.com (de, it, co.uk).
6 - Right of Withdrawal
The customer can exercise the right of withdrawal within 7 days from the date of delivery of the goods. This right can be exercised by the customer only if the good has serious defects not visible and not reported in the description. The notice of cancellation must be sent to:
ACR Auctions GmbH
Sendlinger Straße 24
Effects of withdrawal
In the event of a valid withdrawal, each party shall return to the other party any benefits received (e.g. interest)
In case you are unable to return the items or services rendered by us in whole or part, or only return them in a deteriorated condition, you may be required to pay us compensation.
If the goods purchased appear to have been damaged before shipping, the customer shall not make any compensation.
Any items that are unsuitable for dispatch will be collected at your address.
Obligations to reimburse payments must be fulfilled within 30 days. For you this term begins when you dispatch either your declaration of revocation or the items; for us it begins upon their receipt.
7 - Reservation of Title
ACR Auctions has entitled to resell the goods transferred in the ordinary course of business.
The customer seller, in the time of placing, give us all grants on the goods on sale.
The consignor is entitled to payment the agreed price only after buyer under paid off itself purchased good.
Acr Auctions will be responsible for the collection of the sales price until the expiry of contract terms of payment.
In contracts with consumers, we retain the title to goods until full payment of the purchase price has been made. In contracts with companies, we retain the title to goods until all claims from an ongoing business relationship have been satisfied.
As long as the purchase price has not been paid in full, the customer is obliged:
a) to handle the merchandise with care, in particular to not clean or treat them with chemicals or other objects;
b) to notify us immediately if a third party has placed a claim, such as a lien, on the goods, or if the goods have suffered damage or demise and/or;
c) change of ownership of the goods has occurred, as well as a change in the buyer’s own domicile.
An entrepreneur has the right to sell the goods to a third party in the course of normal business. In doing so, he already assigns to us all receivables vis-à-vis third parties that accrue to him by reselling the goods in the amount of the invoiced value. We already accept this assignment. Subsequent to assignment, the company is entitled to collect the receivables. We do, however, reserve the right to collect the receivables ourselves, if the company does not duly fulfill its payment obligations and falls into default.
8 - Liability for Defects
Should the articles delivered prove to have obvious defects, whereby this also includes shipping damage, you are obliged to file a claim for such defects without delay. If you are a consumer, the failure to give notice of defect, however, shall not have any consequences on your legal rights.
There may exist multiple copies of individual pieces. Not all pieces can be illustrated or listed in a catalogue or on the website. The delivery of a piece not illustrated in the catalogue does not constitute a defect, unless you have expressly stated in your order that you wish to receive exactly the piece illustrated and described.
The authenticity of all goods offered is guaranteed. The buyer is entitled to all the warranties required by law.
As regards warranty, the consumer has the choice of exercising his right of removal of defects or delivery of merchandise free of defects (supplementary performance). To the extent that the method of supplementary performance is considered to entail disproportionate costs, the entitlement shall be limited to the remaining options for supplementary performance. Additional rights, in particular the rescission of the purchase contract, can only be exercised after an adequate period of time has passed, allowing for supplementary performance or two unsuccessful attempts of supplementary performance or if ACR Auctions have refused supplementary performance.
If the seller is an entrepreneur, we are entitled to choose to either remove defects or deliver merchandise free of defects within one year after date of delivery pursuant to § 439 BGB. After a year has passed after the date of delivery, the warranty claims of a business entity are limited to the removal of defects or the provision of a credit of the current cash value, whichever we deem appropriate.
9 - Data privacy
All personal data will be kept strictly confidential and will not be made available to third parties.
10 - Liability Disclaimer
In all cases where ACR Auctions are obliged on the basis of contractual or legal grounds to pay for damages or reimbursements, we are only liable to the extent that we have been proven to have acted willfully and with gross negligence or to have caused injury to life, limb, or health. This shall not affect liability regardless of negligence or fault according to the Product Liability Act. Nor shall it affect liability for gross breach of contract; to this degree, liability is limited to damages that are foreseeable and typical for this type of contract, except for the cases referred to in the first two sentences. The aforementioned provisions are not coupled with a change in the burden of proof to the disadvantage of the customer.
11 - Applicable law and jurisdiction
The place of fulfillment is Monaco di Baviera,head office of ACR Auctions GmbH. German law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The same applies if the customer has no general legal venue in the Federal Republic of Germany or his domicile or normal place of abode is not known at the time a lawsuit is filed.
Should any of the provisions of this contract with the customer, including these General Terms and Conditions, be determined unlawful in part or whole, this shall not invalidate the remaining provisions. In case there is an unforeseen eventuality, the parties shall agree upon provisions that, on the basis of the entire body of the contract, shall help execute the contract according to the apparent will of both parties.
Those participants automatically accepted these Terms and Conditions of sale and are available to any interested party on request.