GENERAL TERMS AND CONDITIONS
Scope and binding nature of the GTC
These General Terms and Conditions apply to all sales initiated or made by WR Prinzessin Antik GmbH, Managing Director Wanrong Li Florian-Geyer-Str. 109a, 12489 Berlin, Germany (hereinafter referred to as: WR Prinzessin).
The buyers or bidders acknowledge the sole binding nature of these terms and conditions; any deviating, conflicting or supplementary general terms and conditions of business of the bidder will not become part of the contractual relationship with the consignor or with WR PRINCESSIN.
Execution of the auction, conclusion of contract
The dates of the auctions and bidding rounds will be publicly announced on the website https://wrprinzessin.com/ as well as in other, generally accessible publications. Each auction has a fixed duration. However, WR PRINZESSIN reserves the right to shorten or extend this term. The buyer is not permitted to place bids in the same auction/bidding round using a further user access or by involving third parties. WR PRINCESSIN reserves the right to sell all or individual items of an auction under a reservation announced before the beginning of the auction and placed in the free discretion of WR PRINCESSIN. WR PRINZESSIN further reserves the right to withdraw offered items after the start of the auction and to reject bids without stating reasons; this right exists only until a declaration of intent corresponding to the acceptance of the bid has been issued. WR PRINZESSIN reserves the right to close the auction without issuing a declaration of intent corresponding to the acceptance of the bid (§ 156 sentence 2, 2nd alternative BGB).
The presentation of the objects for sale via the Internet serves only to give prospective buyers the opportunity to inform themselves about the offer. Any visual representation as well as the textual descriptions, in particular information on technical data, dimensions, makes, years of manufacture or quantity specifications, are non-binding and represent neither a legal offer nor a determination of the quality of the object of sale, in particular the information does not constitute a guarantee of quality. The target condition of the object of purchase is rather concretized by its condition at the end of the offered inspection period. Due to the non-binding nature of the presentation of the object of purchase on the Internet, we strongly advise against bidding on objects of purchase without prior inspection/testing.
By submitting a bid, the bidder submits a binding and irrevocable purchase offer for the item specified in more detail on the Internet. Due to the special form of marketing, the bidder declares his agreement that the identity and address of the entitled party will only be communicated to him after the conclusion of the contract.
The auction will be carried out as a conventional upward auction. It begins with a minimum bid for each item. The bid of a bidder expires by a subsequent, higher bid of another bidder (§ 156 sentence 2, 2nd alt. BGB). Bids must be submitted within the term specified in the Special Auction Terms and Conditions of the respective auction. The auctioneer’s system time clock alone shall be decisive for determining the final time which ends the respective term.
After the end of the auction, the auctioneer accepts the bid of the highest bidder by means of an e-mail confirmation, which corresponds to the acceptance of the bid in the sense of § 156 sentence 1 BGB.
Payment of purchase price and additional services
In addition to the purchase price, the buyer shall owe the buyer’s premium, which was specifically stated when the bid was placed, as well as the statutory value-added tax payable on the premium. WR PRINCESSIN settles the purchase price on the object of purchase in the name and for the account of the consignor and the buyer’s premium in its own name and for its own account.
In the case of purchasers from the Federal Republic of Germany, the statutory value added tax applicable to the respective object of purchase shall be levied on the purchase price for the object of purchase, unless the sale is subject to the differential taxation pursuant to § 25a of the German Value Added Tax Act (Umsatzsteuergesetz) or the value added tax on the sold items cannot be shown.
Buyers from EU states other than the Federal Republic of Germany must provide WR PRINCESSIN with written proof of the valid international sales tax identification number issued to them before they submit their bids, and must provide WR PRINCESSIN with a copy of their legal representative’s or owner’s identity card or passport. After presentation of the complete documents and successful bidding, the buyer will receive an invoice with VAT shown. If the purchaser immediately takes the object of purchase to another EU state outside the Federal Republic of Germany and then sends WR PRINCESSIN a completely and correctly filled out confirmation of receipt, the purchaser will be reimbursed the paid turnover tax by WR PRINCESSIN.
The purchase price plus premium is due immediately at the time of the knockdown.
The parties to the sales contract agree that the invoices will be sent by WR PRINCESSIN to the invoice recipient only in electronic form, as far as WR PRINCESSIN has been informed of the necessary data. The invoice recipient agrees that he will not receive paper invoices, unless otherwise regulated. The purchaser receiving the invoice is aware that according to § 14 para. 1 UStG (German VAT Act) he must guarantee the authenticity of the origin, the integrity of the content of the invoice and its legibility.
WR PRINZESSIN is entitled to collect and sue for purchase money in its own name for the account of the consignor. In the case of non-payment, WR PRINZESSIN is entitled to the rights from number 5.
Offsetting against the purchase price claim or retention of the purchase price due to counterclaims is excluded, unless the counterclaims are not disputed or have been legally established.
Pick up, dispatch
After complete payment of the total price WR PRINCESSIN authorizes the buyer to the collection of the object of the purchase. WR PRINCESSIN is entitled to refuse the authorization for the collection of the object of the purchase, the delivery of the object of the purchase so long, until the buyer has fulfilled all due obligations opposite the salesman and WR PRINCESSIN, even if the obligations from other sales and/or other legal relations developed.
The purchased object is to be collected by the purchaser at the collection location specified by WR PRINZESSIN at the collection times specified in the Special Auction Terms and Conditions of the respective auction, but at the latest after the expiry of 10 days after receipt of the authorization for collection. The punctual collection of the object of purchase represents a primary contractual obligation of the buyer. The collector must prove his identity in writing by presenting a valid identity card or passport and, if applicable, his authorization to represent the purchaser.
Dismantling and removal of the purchased item shall be at the expense and risk of the buyer. The instructions of the employees of WR PRINCESSIN are authoritative for the collection. The buyer is liable for culpably caused damage to the property of the seller, the auctioneer or third parties during dismantling or removal.
Entering the premises where the items for sale are located for the purpose of viewing or collection is at your own risk.
If the object of purchase is sent to a place other than the place of collection, this shall be done at the request and in the exclusive interest of the Buyer. All activities beyond the provision of the object of purchase for collection, in particular its loading and transport, are thus carried out within the scope of duties of the buyer, regardless of whether they are carried out by WR PRINCESSIN or third parties. A fault in the execution of these activities is thus to be attributed to the buyer as if it were his own fault (§ 278 BGB).
Rights in case of default of payment and acceptance
With not punctual complete payment of the purchase price including additional services or with not punctual collection of the object of the purchase WR PRINCESSIN is entitled after unsuccessful expiration of an appropriate respite set to the buyer to withdraw from the sales contract and to require the damage developing in this respect (e.g. a shortfall in proceeds) replaced. WR PRINCESSIN is also entitled to store the object of purchase at the expense of the buyer or to let store.
In addition, after withdrawal due to default of payment or untimely collection of the object of purchase, the Buyer shall be obliged to pay to the Vendor a lump-sum expense allowance of 10% of the purchase price (excluding VAT, surcharge and VAT thereon), unless the Buyer proves that the Vendor has suffered no damage at all or a substantially lower damage than the lump sum. WR PRINZESSIN is entitled to collect and sue for this claim in its own name for the account of the consignor.
The obligation of the buyer to pay the premium resulting from the mediation service of WR PRINCESSIN remains also in the case of the practice of the right of withdrawal because of delay of payment or not punctual collection of the object of purchase.
Passing of risk The risk of accidental loss and accidental deterioration shall pass to the Buyer when the object of purchase is handed over to the Buyer or a third party designated by the Buyer (§ 446 BGB). If the Buyer has not yet taken possession of the object of purchase at the end of the collection time stated in the respective auction, the object of purchase shall be deemed to have been handed over to the Buyer at the end of the collection time.
If the purchase is a commercial transaction for both parties to the contract within the meaning of the German Commercial Code, the buyer must inspect the object of purchase immediately after delivery by the seller or WR PRINCESSIN and, if a deviation from the quality owed is apparent, notify the seller or WR PRINCESSIN of this immediately. If the buyer omits the announcement with easily recognizable deviation from the owed condition within a regular period of three working-days after delivery or with hidden deviation from the owed condition within a regular period of three working-days after knowledge of the lack, then the object of the purchase is considered as approved, unless the salesman and/or WR PRINCESSIVE has maliciously concealed a lack. The receipt of the notification by the seller or by WR PRINCESSIN is decisive for the observance of the complaint period.
Exclusion of warranty All items are sold in the condition as they are and are subject to the exclusion of any warranty for material defects and defects of title. The exclusion of warranty according to sentence 1 does not apply if a defect has been fraudulently concealed by the seller or a guarantee for the condition of the object of purchase has been assumed.
Liability, limitation of time
The objects for sale offered in the auction are sold under exclusion of any liability. Excluded from this is the liability for damages caused intentionally and by gross negligence, for damages resulting from culpable injury to life, body or health, as well as for damages resulting from the culpable violation of an obligation that is essential for the achievement of the purpose of the contract (cardinal obligation). The obligation to pay damages is – apart from liability for intent and culpable injury to life, body or health – limited to the foreseeable damage typical for the contract.
The limitation period for all claims for damages against the consignor or against claims named by WR PRINZESSIN is one year from the statutory commencement of the limitation period.
Retention of title The ownership of the auctioned items is transferred to the buyer only after full payment of all due claims from the business relationship with the seller and with WR PRINCESSIN.
Sale without auction
In the event of a sale without auction, the above-mentioned regulations shall apply accordingly. The delivered goods remain our property until the purchase price has been paid in full. WR PRINCESSIN has the right, in the event of non-sale at auction, to sell the delivered items subsequently (2 weeks after the auction) at the agreed conditions.
We are liable for material defects or defects of title of delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for legal claims for defects is two years and begins with the delivery of the goods.
Any seller’s warranties given by us for certain articles or manufacturer’s warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the articles.
Terms of posting
WR PRINZESSIN acts as commission agent for the consignor. The provisions of these General Terms and Conditions shall apply accordingly and, in all other respects, § 383 HGB (German Commercial Code) shall apply accordingly.
Applicable law, place of jurisdiction
The parties agree that the entire contractual relationship shall be subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the buyer is a merchant in terms of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all obligations arising from the purchase contract or in connection with the purchase contract is Berlin.