1. The toys as listed in the following are handed over to the auction company of ″antico mondo“. antico mondo shall auction them on behalf and on account of the client. The auction shall be carried out according to the terms and conditions as handed over.
2. The supplier, this is the client, is fully responsible for all information given when the items are handed over. The auctioning team has no obligation to check the correctness of such information. All items provided shall be described according to the best knowledge and belief of the auctioning team.
3. The term of order shall begin with the date of delivery and shall end approximately four weeks after the auction day. Items not auctioned shall be sent back to the supplier at his cost within the time stated, as far as they have not been recollected by the supplier or anyone else having order to do so for him. If agreed by both parties (auctioning team and supplier) such items may also be resupplied to the next auction.
4. Unless otherwise instructed by the supplier the auctioning team, shall not auction any items below the limit price (minimum price).
5. For the duration of the auction order the auction team shall take the obligation to insure the provided parts against burglary, tap water, fire, lightning damage, explosion damage, vandalism, and robbery as well as against theft during the time of auctioning. During the time of their transportation to the auctioning hall the items shall be insured against the danger of traffic accidents. Until the day of auction the value of the items insured shall be determined by the limit price or the estimated value minus 20 % for occuring costs. With the beginning of the auction the purchase price (highest bid amount) shall become the insurance value for the item concerned. The auction company shall be free of any further responsibilities, unless the company or anybody of the auctioning team may be blamed for prooved gross negligence or malicious damage.
6. The limit price shall be agreed upon between supplier and auctioning team. It should not exceed half of the actual market value. If the supplier is unable to state the value of the items concerned, it is up to the auctioning team to determine a moderate limit price and inform the supplier accordingly.
7. The commission fee shall amount to 12,50€ plus VAT. This shall be a fix fee for each item or convolute not depending on its successful sale or not.
8. The period of sale for items not sold during the auction shall be determined to last for approximately two weeks after the auction day.
9. The auction being completely terminated (including the period of sale for unsold items), the settlement of accounts will be effected by the auctioning team without any special notice in advance.
10. For orders which have been cancelled as a whole or parts thereof, 30 % of the limit price shall be charged. (Items whithout a limit price shall be dealt with by a flat fee as determined by the auction company). Items under these conditions shall be sent back after the arrival of the aforementioned fees.
11. In the event of any justified complaints the buyer shall be refered to the supplier according to the purchase order agreed between the parties.
12. Any and all agreements between the supplier and the auction company
antico mondo GmbH are covered under this agreement. No parol agreements shall exist beside this auction order.
13. If one of these terms or parts thereof may become ineffective, the legal force of this agreement shall remain untouched thereby.
14. Place of jurisdiction for both parties shall be Köln/Cologne Germany.