Buying

1/ General

a/ The auction by Wetzlar Camera Auctions GmbH (hereinafter referred to as WCA) is voluntary and is conducted by the auctioneer, who is acting as WCA’s representative. The auction is conducted on behalf of third parties and for account of the clients (intermediation between consignor and purchaser).

b/ The auction is in Euro and is subject to these Auction Terms and Conditions. The Auction Terms and Conditions are published in the auction catalogue, on the Internet and by means of a visible posting during the preview and during the auction. By making a bid (in writing, by telephone or in person) the purchaser acknowledges to be bound to these Auction Terms and Conditions. This provision also applies in the case the purchaser is represented by a third party. The German version of these Auction Terms and Conditions is exclusively decisive. Translations into other languages are for convenience purposes only.

2/ Catalogue and Preview

a/ WCA prepares a catalogue for the items to be auctioned. The catalogue is published in printed and in digital form. Items are grouped into lots. All specifications contained in the catalogue is provided to WCA’s best knowledge and belief and is exclusively intended for information purposes. These specifications do not become a contractual component as to the agreed quality and these specifications do not contain any guarantees whatsoever in terms of the law. The specifications provided in the catalogue represent the expression of an opinion without any obligation and may not be interpreted under any circumstances as warranted characteristics. The specifications provided in the catalogue are based on the information provided by the consignor and - based on the provided information - a conscientious inspection conducted by WCA. Should individual or all specifications prove to be false, WCA’s liability is restricted according to the provisions in the clause “Exclusion of Liability” (Item 7/).

b/ All items to be auctioned may be viewed and inspected prior to the auction. All items are used and do, in particular, not conform to technical inspection requirements of the manufacturers, as well as to statutory safety standards applicable today. WCA does not assume any liability for the safety and operability of electric or electronic devices. Electric or electronic devices are expressly not tested or inspected. Lubricants and other materials applied to devices are subject to ageing. All materials - including optical elements - may be subject to corrosion and ageing processes. All of the above circumstances may limit the usability of goods auctioned. The actual state of preservation on the auction date caused by the aforementioned facts and circumstances represents the agreed quality in terms of Section 434 Para 1 Sentence 1 German Civil Code [BGB]. The reproduced colours on the pictures in the catalogue do not necessarily conform to the actual colours. The estimated prices shown in the catalogue only represent reference points as to the items’ fair market value.

c/ WCA is authorised to complement or correct specifications contained in the catalogue by means of a posting at the auction site or verbally prior to the start of bidding for the Lot.

3/ Auction

a/ WCA specifies auction time and location. WCA is authorised to change auction time and location, also after the catalogue’s publication.

b/ Bids are only accepted, if they are placed under a bidder number. Bidder numbers are provided by WCA. To receive a valid bidder number, unknown bidders must register at the latest 24 hours prior to the auction’s start using the registration form provided by WCA. WCA is authorised to request bank references and the provision of security deposits. Applicants do not have a claim to the provision of a bidder number.

c/ The bidding start price for individual lots is set in Euro by the auctioneer at the start of bidding for the Lot. Bids are raised in increments of approx. 10% as compared to the previous bid, unless the auctioneer specifies otherwise. The auctioneer is authorised to combine, divide or withdraw lots and to derogate from the auctioning order specified in the catalogue. 

d/ Bids may be placed in person at the auction location, in writing, by telephone or via the Internet and are placed as to the hammer price in any case. Premium, charges, if any, and VAT are not included in the placed bid and are added. Premium, charges and VAT are always based on the hammer price. The hammer price is a gross price. Premium, charges, if any, and the applicable VAT on the premium and charges are not included in the placed bid and are added. The total price payable by the purchaser is subject to Item 5/.

aa/ Bids at the auction location are placed using the bidder number. If a bid is to be placed on behalf of a third party, such bid is only accepted, if the representative presents a power of agency issued on the representative’s name at least 24 hours prior to the auction’s start. If such power of agency is not presented at least 24 hours prior to the auction’s start, the knockdown will be in favour of the highest bid of a person present at the auction location.

bb/ Bids may be placed in writing up to 24 hours prior to the auction’s start using the form provided by WCA. This form must be signed and completed with all information marked as required. The bidder expressly acknowledges the incorporation of these Auction Terms and Conditions with his / her signature and authorises WCA to place his / her bids according to his / her instructions. Based on the written bid, WCA will only bid at such an amount that is required to bid higher than another bidder. If several written bids are received that place bids at the same amount, the written bid received at the earlier date takes priority over the other written bids. WCA is authorised to promptly reject written bids. WCA is not liable for the receipt of written bids.

cc/ Placing of bids by telephone may be applied for up to 24 hours prior to the auction’s start using the form provided by WCA. This form must be signed and completed with all information marked as required. The bidder expressly acknowledges the incorporation of these Auction Terms and Conditions with his / her signature and instructs WCA to call the bidder under the telephone number indicated on the form, when the bidding for the lots starts at which the bidder wishes to bid. The bid placed by telephone is received by an WCA staff member, who is present at the auction room, and is placed during the auction under the bidder’s bidder number taking the bidder’s instructions into account. Telephone calls may be recorded for evidence purposes. Telephone recordings will be erased three months after the auction has ended if they are not needed for evidence purposes; the bidder bidding by telephone, hereby, expressly agrees to this procedure. WCA is not liable for technical problems, in particular, not for the establishment of a connection.

dd/ Bids via the Internet can only and exclusively be placed using the services of the WCA authorised service providers (LiveAuctioneers and other service providers if authorised). The terms and conditions of these service providers apply. The bidder expressly acknowledges the incorporation of these Auction Terms and Conditions by registering with these service providers for a WCA auction. WCA treats bids placed via the Internet during the auction like bids placed at the auction room.

e/ A purchase agreement is effected on the fall of the hammer and the auctioneer says “SOLD”. The hammer comes down on a lot, if after calling out a bid three times, no higher bid is placed. The falling of the hammer obliges the bidder to purchase the auctioned lot and to pay the purchase price (Item 5/). The auctioneer has the right to reject bids or refuse to knock down a lot, in particular in those cases where important reasons are present in the person of the bidder, e.g. if the bidder is known for his / her unreliability or the bidder did not provide proof of required financial soundness prior to the auction. In these cases, the bid placed directly before the rejected bid remains effective. The auctioneer has also the right to withdraw a knockdown and to call out the lot anew within the auction, if the auctioneer failed to notice a timely placed higher bid or if there are disputes or doubts in connection with the knockdown. If the auctioneer exercises this right, the prior acceptance of a bid becomes ineffective. If several bidders place bids at the same price, the bid accepted first has priority.

f/ Upon delivery of the object, the risk of deterioration of the auctioned object and its accidental loss passes to the purchaser, its representative or carrier. Delivery is also deemed completed, if the purchaser is in default of acceptance. If the purchaser is in default of acceptance, WCA will charge storage expenses at locally customary rates for the storage of the auctioned object. Furthermore, an insurance policy will be taken out for the auctioned object at the purchaser’s expense.

4/ Post auction sale

Should objects not being sold during the auction, such objects may be purchased within four weeks after auction’s end by way of post auction sale. Post auction sale is deemed to be a part of the auction. The purchase agreement is effected through the acceptance of a bid by WCA. Otherwise, these Auction Terms and Conditions apply accordingly.

5/Purchase price, payment and automatic occurrence of default

a/ The purchase price (the total amount payable by the purchaser) is comprised of the hammer price, which is collected in the name of and for account of the seller and which is transferred to the seller, a premium (in the form of a commission) at a rate of 21.01% of the total of hammer price and applicable statutory VAT on the premium (currently 19%). If the highest bid is placed via an WCA authorised service provider using the Internet (LiveAuctioneers and other service providers if authorised) at the terms and conditions of these service providers, the premium is increased accordingly by the fees charged by the respective service provider (in the case of bids via LiveAuctioneers these fees are currently at a rate of 5%; in this case the premium is 26,01% plus applicable statutory VAT on the premium (currently 19%)). The hammer price is a gross price. VAT is not separately charged on the hammer price. If the hammer price is subject to VAT, this VAT is deemed to be included in the hammer price. Consignor and purchaser are responsible for proper payment of taxes.

b/The premium is not subject to VAT, if goods are purchased by foreign enterprises for their companies within the EU territory and if these enterprises provided their VAT ID number when they apply for and receive their bidder number. WCA reserves the right to verify the VAT ID number. The exemption from VAT may not be claimed after the purchase, in particular, a correction after the invoice has been issued is not possible. The premium is also not subject to VAT, if the goods are delivered by a carrier by way of a proper export procedure into countries outside of the EU territory and if WCA (as the Declarant) is an involved party of this procedure in the name of the purchaser (as the Exporter). In the case of foreign purchasers from countries outside of the EU territory, VAT paid by the purchaser on the premium may be reimbursed, if the purchaser furnishes timely proof by way of an official export certificate that the goods were exported into countries outside of the EU territory. The purchaser bears any import duties, import sales taxes and customs due in a foreign country. The aforementioned provisions concerning VAT conform to the current state of legislation and practise applied by the fiscal authorities. Amendments or changes cannot be ruled out. For this reason is WCA authorised to subsequent billing as regards VAT until such claim becomes time-barred.

c/ Should WCA be obliged to pay royalties to compensate for statutory resale rights (Section 26 German Copyright Law [UrhG]), such royalties are also borne by the purchaser (in general starting at 4% of the hammer price total plus applicable statutory VAT). These royalties are invoiced separately to the purchaser.

d/ Lots specifically marked with a star are goods that were temporally imported into the EU for auctioning purposes according to Art. 210 lit. c) Union Customs Code [UZK]. If these goods remain within the territory of the European Customs Union after the purchase at the auction, import duties (customs, import sales tax (EUST) and other excise duties on imported goods) will be due, which are to be borne by the purchaser. Rate and amount of these import levies will probably be based on the purchase price plus shipping expenses and all expenses associated with the purchase. The purchaser is the debtor of customs duties (i.e. Debtor of customs, import sales tax (EUST) and other excise duties on imported goods). At the purchaser’s request, WCA will arrange for a service provider, which will support customs-related processing.

e/ Purchase price (Item 5/a/), as well as resale rights, if any, are due at the acceptance of a bid. Floor bidders are in default, if they do not pay in cash or per cheque certified by a German State Central Bank. The purchase price is to be paid in Euro. Cheques that are not certified by a German State Central Bank and other non-cash payments, as well as payments by EC or credit cards are not accepted. In the case of payments by absent purchasers in cash, per cheque certified by a German State Central Bank or per bank wire transfer an extension of time for payment of 14 days after invoicing is granted. Payment of the purchase price by way of offsetting is only permitted against uncontested counter-claims or counter-claims that are recognized by declaratory judgement. In the case of payment in a foreign currency, the purchaser bears any currency exchange risks, as well as any bank fees. Errors and omissions, verification and possible correction of invoices excepted.

f/ The purchaser is in default, if the purchase price is not paid within 14 days after receipt of invoice. From this date, interest at a rate of 12% p.a. is to be paid on the total amount due. Consumers have the right to furnish proof that a damage / loss did not occur at all or is materially lower than the default interest rate. Additional damage claims, in particular, for insurance and storage at third parties remain reserved. If the purchaser is in default with the payment of the purchase price for more than 42 days, WCA has the right, after setting a reasonable grace period, to cancel the bid and to withdraw from the agreement, also in the name of the client. In this case all rights of the purchaser to the objects terminate. After the cancellation of the bid and withdrawal from the agreement, WCA has the right to demand compensation, which is, in particular, comprised of lost consideration for WCA (commission and premium, each plus VAT), as well as additional expenses associated with the cancellation of the bid and withdrawal from the agreement. Any claims the client may have against the purchaser are not taken into account in this case. The client will independently assert and enforce his / her claims against the purchaser. WCA is also authorised to exclude the defaulting purchaser from future auctions.

g/ WCA does not have the right and is not obliged to hand over objects to the purchaser or third parties authorised by the purchaser before the purchaser has paid all owed amounts in full (purchase price, premium, VAT, resale rights, import duties etc.).

6/ Specification of the place of performance and export permit

a/ The auctioned object is to be picked up by the purchaser, by a person authorised in writing by the purchaser or a carrier engaged by the purchaser at the auction location or WCA’s business premises. At the purchaser’s request and at the purchaser’s risk, WCA will arrange for the shipping of auctioned goods.

b/ If the purchaser instructs WCA to arrange for shipping, the purchaser authorises WCA to provide the carrier only the data necessary to perform transportation and to process the purchase.

c/ If auctioned goods are exported outside of the territory of the European Union, it may be required to obtain an export permit (Regulation (EC) No. 116/2009 and Regulation (EC) No. 338/97 for objects consisting of protected materials, such as ivory, tortoiseshell, lizard leather among others, as well as regulations under national law). The purchaser must apply for such export permit. Export permits are only granted under strict conditions. WCA will gladly help in the handling of such matter. WCA is, however, not liable that such goods can be exported.

7/ Exclusion of liability and reduction of the limitation period for claims for defects

a/ Warranty rights of the purchaser under strict liability (subsequent performance, withdrawal and reduction of the purchase price) are excluded. WCA is liable for injuries to life, body or health in the case of a violation of its duties in a negligent manner at a minimum. WCA is also liable, if WCA violated its material contractual obligations in a negligent manner at a minimum. Material contractual obligations are such obligations, whose performance is a fundamental prerequisite for the proper implementation of the agreement and on whose observance the contracting party may routinely rely. These obligations include, in particular, conscientious preparation of the catalogue and inspection of the consigned objects. WCA is only liable for other damages, if WCA violates its duties in a gross negligent manner at a minimum. The above clause also applies to the liability of WCA legal representatives and vicarious agents, if they violate their duties.

b/ Claims for defects become time barred one (1) year after delivery of auctioned goods. Delivery is also deemed completed, if the purchaser is in default of acceptance. The limitation period for liability in the case of at a minimum gross negligent acting and in the case of injuries to life, body or health remains unaffected from the above provisions. The above clause also applies to the liability of WCA legal representatives and vicarious agents, if they violate their duties. The purchaser’s claims against the consignor remain unaffected.

c/ The purchaser’s claims against the consignor remain unaffected from the above provisions.

8/ Data protection

a/ Customer data is electronically processed and is stored for the performance and handling of placed orders, for any inquiries and for customer relationship purposes. Customer data is handled within the scope of statutory regulations. In this regard, reference is made to WCA’s data protection statement, which may be inspected at any time (also electronically).

b/ The customer may object to the processing and storage of his / her data, in particular for marketing purposes, by an informal notice sent electronically or by post. This notice is to be addressed to Wetzlar Camera Auctions GmbH, Domplatz 6, 35578 Wetzlar, Germany, or per Email to E-Mail: info@wetzlarcameraauctions.com

9/ Final provisions

a/ Exclusively German law applies. Place of performance and place of jurisdiction is, to the extent permitted by law, Wetzlar. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.

b/ The provisions on distance contracts (Sections 312b - 312d German Civil Code [BGB]) do not apply.

c/ Should one or several provisions in these Auction Terms and Conditions be or become ineffective, this does not affect the validity of the remaining provisions. The respective statutory provisions will apply in place of the ineffective provision.