Terms and conditions – Mail and Online Auction

1. Scope and Acknowledgment

These auction terms (= “General Terms and Conditions for Mail Auctions”, hereinafter referred to as GTC-M) apply to all business relationships between VF Auktionen GmbH (hereinafter referred to as the auctioneer), Auerspergstraße 2/4A, 1010 Vienna, Austria (also the auction location) and participants in a mail auction and/or a pure online auction conducted by the auctioneer through one or more online auction platforms. The auction of movable items in the fields of philately and numismatics, in the broadest sense, is public and voluntary. It takes place in accordance with the applicable legal regulations, on behalf of and for the account of third parties, as a time-limited event in euros.

These GTC-M can be viewed, printed, and saved on the auctioneer’s website (www.viennafil.com) or the auction website used, such as www.philasearch.com. They must be recognized as binding when registering or submitting written bids as a participant in the auction. Should this not have occurred for any (technical) reasons, these GTC-M are still fully acknowledged as binding through the factual submission of a bid, regardless of how the bid is placed. These GTC-M also apply when the auction website is accessed via other websites that partially or fully enable access. Any opposing, supplementary, or differing terms from participants are expressly rejected. They remain invalid even if the auctioneer does not explicitly object to them again after receipt or proceeds with contractual actions, unless the auctioneer expressly agrees to their partial validity or additional agreements in writing.

2. Participation Conditions (Registration)

Participation in an auction by the auctioneer can occur directly with the auctioneer (through written bids, online bids) and/or indirectly through an auction platform, such as www.philasearch.com by PhilaSearch (online bids before the auction by the auctioneer).

Participation in a mail auction over the internet requires:

• Only a one-time registration of a legally competent natural person with the auctioneer, providing truthful and complete information under a self-selected and confidential username and password. The auctioneer is not liable for damages arising from the misuse of usernames and passwords. Legal entities may only be registered by named, authorized natural persons. Only one registration per customer is allowed. Providing a P.O. Box as an address is not permitted. The participant is responsible for keeping their registration data up to date. The participant bears any damages resulting from incorrect or outdated data. The auctioneer is committed to absolute confidentiality of data. Customer data will only be shared to fulfill legal obligations or contractual fulfillment. Participation via an auction platform such as PhilaSearch requires additional registration as a “user” of this auction platform according to its terms, but no separate registration for EACH upcoming auction.

3. Lots

The lots to be auctioned are located at the auctioneer’s premises and are presented in an (online) auction catalog with a starting price as an invitation to submit offers. All lots are accompanied by images (some scaled) and descriptions. Lots can be viewed virtually over the internet or approximately one week before the auction at the auctioneer’s premises or other locations (e.g., stamp fairs) as chosen by the auctioneer. During viewing, interested parties can ask for personal explanations of the lots’ properties.

4. Minimum Bidding Increments

Bids not corresponding to these increments will be rounded up. Bids below the starting price are not allowed.

5. Bids

From the time the online auction catalog is presented on the internet, bids may be submitted on all lots (including multiple times). By submitting a bid, the bidder authorizes the auctioneer to place bids on their behalf during the auction and, in the event of a successful bid, to conclude the resulting purchase contract on behalf of the bidder with the auctioneer. Bids can be submitted directly to the auctioneer in writing (or orally or by phone with subsequent written confirmation from the bidder) or indirectly through online bids via a platform like PhilaSearch, provided the user is a registered participant of the platform. Written bids sent to the auctioneer are executed according to bidding increments, with utmost care, but without guarantee. Written bids with instructions like “at best” or “no limit” are executed at the auctioneer’s discretion up to eight times the minimum bid but do not guarantee fulfillment. In the case of equal bids, the earlier bid takes precedence; if the time of submission cannot be determined, the lot will be awarded to the highest bidder. Maximum bids will only be used to the extent necessary to outbid an existing bid or a subsequent competing bid by one increment. It is the bidder’s responsibility to ensure their bids reach the auctioneer on time, as late bids may not be considered.

For online bids, the auctioneer assumes no responsibility for the successful establishment of the internet connection, particularly in the case of computer, internet access, connection, transmission, or system failures outside the auctioneer’s control. Participants should compensate for possible technical issues by placing online (live) bids well in advance to ensure timely receipt. Although the auctioneer makes every effort to ensure the availability and functionality of the online auction platform www.viennafil.com, 100% reliability cannot be guaranteed. The auctioneer’s liability for system issues is limited to cases of gross negligence or intent. The auctioneer is not liable for the actual execution of bids and reserves the right to correct or re-auction a lot in the event of technical issues.

Bid submission errors are the responsibility of the bidder. Any inquiries about the status or amount of bids will not be answered.

6. Rights of the Auctioneer

The auctioneer reserves the right to combine, separate, regroup, withdraw, re-list out of sequence, or accept collective bids on multiple lots. They may reject bids on a lot—without providing reasons—or refuse, revoke, or make the awarding of a lot contingent on certain conditions. The auctioneer is entitled to request verifiable references or security deposits (deposit, bank guarantee, etc.) from unknown bidders, block IP addresses, exclude individuals from the auction, and remove any bids placed by those individuals from the ongoing auction. After exclusion, any further participation—directly or indirectly through third parties—will only be allowed with the auctioneer’s explicit permission. Otherwise, the excluded person will be held liable for any costs or damages resulting from their participation, as well as any expenses incurred by the auctioneer to counter their involvement. A bidder remains bound to their bid even if a subsequent higher bid is invalid or rejected by the auctioneer. In case of uncertainty, the auctioneer is authorized to re-offer the lot after revoking the award in a subsequent auction.

7. The Awarding of Lots

If only one bid is received on a lot, it will be awarded at the minimum bid. For limited lots, an award below the limit may be made with the consignor’s approval. Conditional awards remain binding for four weeks for the bidder but are non-binding for the auctioneer. The auctioneer may revoke an award, re-offer the lot in a subsequent auction, or award it to another bidder. All awards during the online auction are made in the presence and with the consent of an auctioneer personally supervising the auction on-site. The award signifies the auctioneer’s acceptance of the highest bid.

8. Purchase Contract

With the auctioneer’s awarding of the lot, a purchase contract is concluded between the bidder and the auctioneer. The buyer is obliged to accept all lots they have won and to pay the full amount owed promptly. Anyone purchasing on behalf of another party is personally liable for full and timely payment. Once the award is made, the risk for any loss or damage to the purchased lots, except where caused by the auctioneer, passes to the buyer. Ownership of the lot is transferred only after full payment, including any additional charges, is received. Until the full payment is made, the buyer has no rights to the lot (e.g., resale or transfer). The lots can be collected in person within seven days of the auction at the auctioneer’s premises by appointment and upon payment.

9. Lot Fee

A lot fee of €3 applies to all buyers (private or commercial) for each lot awarded. No additional buyer’s premium is charged.

10. Right of Withdrawal (Applicable Only to Mail Auctions Without Live Bidding)

You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day you, or a third party nominated by you (who is not the carrier), take possession of the goods.

To exercise your right of withdrawal, you must inform us:

Viennafil, VF-Auktionen GmbH,
Auerspergstrasse 2/4A, 1010 Vienna, Austria
Tel: +43 1 4051457, Fax: +43 1 405145714,
E-mail: info@viennafil.com

via a clear declaration (e.g., by post, fax, or email) of your decision to withdraw from the contract. You can use the provided sample withdrawal form (available for download here: Withdrawal Form), though it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification before the deadline expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from your choice of a different delivery method other than the most cost-effective standard delivery offered by us) without undue delay and no later than fourteen days from the date we receive notice of your withdrawal. For this refund, we will use the same payment method you used for the original transaction unless expressly agreed otherwise. In no case will you incur any fees as a result of this refund.

We may withhold the refund until we have received the returned goods or you have provided proof of return, whichever comes first.

You must return or hand over the goods without undue delay and no later than fourteen days from the day you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functionality of the goods.

Exclusion or Early Expiry of the Right of Withdrawal
The right of withdrawal does not apply to contracts:

• For the supply of goods not prefabricated and made according to an individual choice or clearly tailored to the consumer’s personal needs.

The right of withdrawal expires early for contracts:

• For the supply of goods which, after delivery, are inseparably mixed with other items due to their nature.

11. Alternative Dispute Resolution (Information Obligation According to § 19 AStG and § 4 Abs 1 Z 19 FAGG)

National alternative dispute resolution bodies (ADR bodies) according to the AStG: If a dispute arises

• If no agreement is reached between us and a consumer residing in Austria or another EEA country
• on obligations arising from an internet-based contract,
• we will notify the consumer in writing within a reasonable period (e.g., by email) of the relevant alternative dispute resolution (ADR) bodies:
• 1. Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna (http://www.ombudsmann.at)
• 2. Consumer Arbitration Board, Mariahilferstr. 103/1/18, 1060 Vienna (http://www.verbraucherschlichtung.or.at)

We will also inform the consumer whether we will participate in a dispute resolution procedure before these ADR bodies.

12. Online Dispute Resolution (Information on Online Dispute Resolution)

Since February 15, 2016, the EU Commission provides an internet platform for online dispute resolution (the “ODR platform”) to resolve consumer-related disputes arising from online sales or service contracts out of court. The ODR platform of the EU Commission can be accessed via the following link: http://ec.europa.eu/consumers/odr. We can be contacted via the following email address: info@viennafil.com.

13. Payment

The auction invoice must be paid within ten days of receipt. Any deviation from this must be agreed upon with the auctioneer in advance. Costs for money transfers and exchange rate fluctuations are borne by the buyer. The decisive amount is the credited amount in euros on the day of receipt. If the payment is not made immediately or within 14 days after the invoice receipt, or if the buyer refuses to accept the lots, the auctioneer is entitled to either: Charge a delay penalty of 4% and default interest of 1% per month, OR declare the buyer’s rights void and sell the lots privately or re-auction them without further notice (in this case, the defaulting buyer is liable for any costs, fees, and potential loss of value incurred by the re-auctioning), OR refer the matter back to the consignor.

Partial payments can be allocated by the auctioneer against any outstanding claims against the buyer. If the buyer defaults on agreed payment installments or deadlines, the auctioneer may declare the total outstanding amount due immediately and charge the abovementioned interest. If the buyer ultimately refuses to accept the lots, or at the latest three months after the original auction, the auctioneer may charge the buyer with at least the commission lost due to non-fulfillment. The buyer may demonstrate that the auctioneer did not incur such a loss or a lower amount.

14. Cash Payments

For cash payments exceeding €10,000, identification by presenting a valid ID is required, and a copy will be retained by the auctioneer. If acting on behalf of someone else, authorization and the identity of the represented party must be proven. For minors or legal entities, authorization and the represented person’s identity must also be proven. In the case of a trust relationship, the identity of the trustor must be disclosed.

15. Counterclaims and Right of Retention

The buyer may only offset counterclaims that are directly related to the purchase and have been legally determined or acknowledged by the auctioneer or consignor. The buyer’s right of retention regarding claims from other transactions with the auctioneer or consignor is excluded to the extent permitted by law.

16. Fulfillment Obligations

If the auctioneer issues an invoice in the name of a third party upon the buyer’s request, it will only be binding as an additional fulfillment obligation of that third party. The buyer’s original obligations remain unaffected.

17. Shipping Costs

The costs for insured shipping are invoiced separately and are for a standard letter up to 150 grams:

• Domestic: € 10
• EU countries: € 20

Shipping is handled by the postal service or a private delivery company chosen by the auctioneer after the payment has been received. Shipping risks are borne by the buyer. If the buyer is a consumer, the auctioneer bears the risk. To make use of insurance protection, buyers must document and report any damage or opened shipments upon receipt and notify the auctioneer immediately.

18. Lot Descriptions

Lot descriptions are provided by experts based on their subjective judgment with the utmost care, according to the best knowledge and belief. If not explicitly stated otherwise, lot descriptions serve merely for informational purposes, clarifying, categorizing, and differentiating items, with terms like “magnificent,” “cabinet,” “luxury,” and catalog values representing subjective evaluations and impressions. Such descriptions do not constitute guarantees of specific properties or values.

By placing a bid on already examined stamps, the bidder acknowledges the examinations as binding in terms of authenticity, quality, completeness, and other information, unless the bid is conditional on verification by an expert agreed upon with the auctioneer. If new knowledge after the sale leads to a change of opinion among recognized experts, the auctioneer, at their sole discretion, may decide whether to accept or reject the claim at the consignor’s expense. Lots are sold in the condition they are in at the time of the auction. For collections or lots containing multiple items that are not individually described, complaints about authenticity or quality are excluded. Described or visually recognizable characteristics, such as margins, centering, perforations, or postmarks, cannot be grounds for a complaint. Items with described limitations cannot be complained about for additional minor defects. Items valued for their postmark cannot be complained about for other issues. Bid submission errors are at the bidder’s risk. Estimated values, especially for collections, are non-binding “approximate” figures and are not grounds for complaints.

Any complaints must be submitted immediately within eight days of receiving the lot or attempted delivery. Failure to collect or accept lots in a timely manner results in forfeiture of the right to complain. The auctioneer may extend the complaint period in justified cases, but this does not alter the buyer’s payment obligations. Even with complaints, the payment obligation remains. Complaints regarding a lot can only be made if the lot is returned in its original condition and full quantity; otherwise, no claim can be made. A verification mark from a certified expert does not constitute a change in the item. Any complaints must be supported by an attestation from a recognized expert. In case of doubt, the auctioneer may require a second attestation from another recognized expert. The buyer bears these costs if the lot description largely matches the expert’s results, or if the buyer chooses to keep the lot despite the findings. In the event of a justified complaint, the purchase price, fees, and examination fees will be refunded, but no further claims can be made. Complaints are handled on behalf of the consignors, and the auctioneer may direct buyers to the consignor for further complaints. All other claims are excluded. Any claims against the auctioneer expire after two years.

19. Unsold Lots

Lots not sold during the auction may be purchased after the auction at the reserve price (or the limit price for limited lots), subject to the auction’s legal and billing modalities as described in these GTC-M.

20. Personal Data

Auction participants explicitly agree that their personal data will be processed and used for the fulfillment of mutual rights and obligations arising from contracts with them, as well as for market research and marketing purposes. The contractual data will be stored electronically for these purposes. Participants agree to the inclusion of their personal data in the auctioneer’s customer database and agree to receive customer information, unless they revoke this consent at any time. Customer data will not be shared with third parties unless it is necessary for fulfilling legal or auction-related obligations. Participants providing incorrect personal data or failing to update their data bear any resulting damages. Communications sent to the last address provided to the auctioneer are considered valid, even if the participant no longer resides there.

21. Legal Enforcement

The auctioneer is authorized to assert all consignor rights arising from orders and awards in their own name, including in court. The provisions on distance contracts do not apply to lots from the auction. Austrian law applies, excluding non-mandatory conflict of law provisions (IPRG, UNKR, CISG). The place of fulfillment and jurisdiction is Vienna, unless the buyer is a consumer within the meaning of the Consumer Protection Act (KSchG), in which case their domestic residence or employment determines jurisdiction. The auctioneer may also assert claims at the buyer’s place of residence. In case of discrepancies between texts in multiple languages, the German version prevails and is binding.

22. Validity of Provisions

If one or more provisions of these auction terms are wholly or partially invalid or void, the validity of the remaining provisions remains unaffected. Such provisions shall be replaced by ones that closely approximate the economic purpose or actual or presumed intent of the parties and are legally enforceable. The same applies to filling any gaps in the terms.

Unless catalog holders, interested parties, and bidders state otherwise, they confirm that they acquire the catalog and the objects depicted therein from the period of the Third Reich solely for the purposes of civic education, defense against unconstitutional activities, art, science, research, or teaching, reporting on current events, or similar purposes. VF AUKTIONEN GMBH and its consignors offer and provide these items under these conditions.

VF-Auktionen GmbH
Status Mai 2019