Terms and conditions – Public Auction and Live Auction

1. Scope and Acknowledgment

These auction terms (= “General Terms and Conditions for Public Auctions”, hereinafter referred to as GTC-P) 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 the participants in an auction conducted by VF Auktionen GmbH. The auction of movable items in the fields of philately and numismatics, in the broadest sense, is public and voluntary. It takes place within the framework of applicable legal regulations, on behalf of third parties, as a time-limited event in the form of a public auction, mail auction, online (live) auction via auction platform(s) on the internet, or a combination of these forms, and is conducted in euros.

These GTC-P can be viewed, printed, and saved at any time on the auctioneer’s website (www.viennafil.com) or on the auction websites used, such as www.philasearch.com. They must be acknowledged as binding by participants upon registration or when submitting bids to the auctioneer. If, for any (technical) reason, this has not occurred, the GTC-P will be acknowledged as binding through the submission of a bid, regardless of how the bid is made. These GTC-P also apply when the auction website is accessed through other websites that provide full or partial access to the auction website. Any opposing, supplementary, or differing terms from participants are expressly rejected. They will not become valid even if the auctioneer does not expressly reject them again or proceeds with contractual actions unless the auctioneer agrees to their partial validity or to additional agreements or amendments to these GTC-P in writing.

2. Participation Conditions (Registration and Enrollment)

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

Participation in an internet auction requires:

• A one-time registration of a legally competent natural person with the auctioneer, providing truthful and complete information under a self-chosen and confidential username and password. The auctioneer is not liable for damages resulting from the misuse of usernames and passwords. Legal entities may only register through named and authorized natural persons. Only one registration is allowed per customer. P.O. Box addresses are not permitted. The participant is required to keep their registration information 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 when required by law or for contract fulfillment. Participation through an auction platform such as PhilaSearch requires additional registration as a “user” of this platform according to its terms and conditions.
• A separate registration for EACH upcoming auction, at least two days before the auction, indicating the total planned expenditure (spending limit), which must be approved by the auctioneer before the auction begins.

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 not only virtually via the internet but also approximately one week before the auction, at the auctioneer’s premises or at other locations chosen by the auctioneer (e.g., stamp fairs). Interested parties can discuss the features of lots in person during viewing.

4. Minimum Bidding Increments

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

5. Advance Bids

From the presentation of the online auction catalog on the internet, advance bids may be submitted on all lots (multiple times if necessary). By submitting an advance 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 purchase contract on behalf of the bidder with the auctioneer. Advance bids may be submitted directly to the auctioneer in writing (or verbally or by phone with subsequent written confirmation from the bidder) or indirectly in the form of online advance bids through an auction platform such as PhilaSearch. Advance bids submitted to the auctioneer will be executed in the bidder’s best interest according to bidding increments but without any guarantee. Written bids with terms like “at best” or “no limit” will be executed at the auctioneer’s discretion up to eight times the starting price but have no guaranteed right to execution. In the case of equal bids, the earlier bid takes precedence; if the time of submission cannot be determined, or in case of simultaneous bids, the lot will be awarded to the first 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 as advance bids.

For online (live) bids, the auctioneer assumes no responsibility for the establishment of the internet connection, especially for problems with computers, internet access, connections, transmission, or outages beyond the auctioneer’s control. Each participant must ensure timely submission of their online (live) bids to compensate for any potential delays in their equipment or internet connection. The auctioneer makes every effort to ensure 100% availability and functionality of the auction platform www.viennafil.com, but cannot guarantee it. Claims against the auctioneer due to hardware or software issues on the auction platform are limited to cases of gross negligence or intent. The auctioneer is not liable for the actual execution of bids. They are entitled, but not obliged, to correct an award or re-auction a lot in case of technical or transmission issues. Errors in bid submission are the responsibility of the bidder. If a telephone bidder cannot be reached, the starting price is considered as the bid. The auctioneer provides no guarantee for establishing the telephone connection. Any inquiries about the status or amount of bids will not be answered.

6. Rights of the Auctioneer

The auctioneer is entitled 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 conditional. The auctioneer is also entitled to request verifiable references or security deposits (such as a bank guarantee) from unknown persons, block IP addresses, exclude individuals from the auction, and remove any previously placed bids by those individuals from the ongoing auction. Once excluded, participation in a future auction by that individual, whether directly or indirectly through third parties, is only possible with the auctioneer’s express permission. Otherwise, the excluded person will be held liable for all costs and 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 if a subsequent higher bid is invalid or rejected by the auctioneer. In the event of uncertainties, the auctioneer has the right to re-offer the lot either during the auction or up to two working days afterward, following the revocation of the award.

7. Bidding Process

Bids on a lot are placed dynamically and interactively in an open, unlimited, and time-unrestricted bidding duel. This means that, once a lot is called with its starting price—potentially already raised by advance bids—any subsequent bid must be at least one increment higher than the current highest bid (overbid). Each highest bid triggers the auctioneer’s sequence of “Going once,” “Going twice,” and “Going three times.” If a higher bid (overbid) is received before the sequence finishes, the sequence restarts with the new highest bid. Only when the sequence ends without interruption, the last highest bid will be declared the winning bid, and the auctioneer will award the lot to the highest bidder. Online bidders will be notified of the award via the internet.

Through this transparent, competitive bidding process, bidders can instantly react to competing bids in real-time, in a time-unrestricted auction. This ensures that both the seller and buyer achieve the best possible market price at the time of the auction through this public and open bidding process.

If only one bid is received on a lot, the award is made at the starting price. For lots with a reserve, the lot may be awarded below the reserve, subject to the consignor’s approval. Conditional awards remain binding for the bidder for four weeks but are non-binding for the auctioneer. The auctioneer may revoke an award, re-list the item, and award it to another reserve bidder. All awards in the online auction are made in the presence and with the approval of a physically present auctioneer overseeing the auction. The award represents the auctioneer’s declaration of acceptance of the highest bid.

8. Purchase Contract

The award represents the auctioneer’s declaration of intent, creating a purchase contract between the bidder and the auctioneer. This contract obligates the buyer to accept all awarded lots and to fully and promptly pay the total invoice amount. Anyone purchasing on behalf of a third party is personally liable for full and timely payment of the total amount. Once the award is made, the risk of loss or damage to the purchased lots, except where caused by the auctioneer, passes to the buyer. Ownership, however, only transfers upon full payment of the total invoice amount, including any additional fees. Before payment is received, the buyer has no rights to dispose of the purchased lots (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. Buyer’s Premium and Lot Fee

A lot fee of €3 and a buyer’s premium will be added to the award price.

The buyer’s premium is:

• For lots subject to differential taxation (private consignments from the EU) for both private and commercial buyers within the EU: 24% (including VAT);
• For lots subject to full taxation (private consignments from outside the EU or consignments from dealers, identified by “§” in the lot number): 24% plus 20% VAT on the total amount;
• For all buyers from non-EU countries (third countries), whose purchases are subject to their country’s tax, customs, and foreign exchange regulations: 24% on the award price, provided the lots are exported by the auctioneer.

10. Entfällt

11. “Alternative Dispute Resolution” (Information Obligation per § 19 AStG and § 4 Abs 1 Z 19 FAGG)

National Alternative Dispute Resolution Bodies (ADR Bodies) according to AStG: If a dispute arises between us and a consumer residing in Austria or another EEA country, and no agreement can be reached regarding obligations from an internet-based contract for goods or services, we will inform the consumer in writing within a reasonable period (e.g., by email) about the relevant alternative dispute resolution bodies:

• between us and a consumer residing in Austria or another EEA country
• no agreement can be reached regarding obligations from an internet-based contract for goods or services
• we will inform the consumer in writing within a reasonable period (e.g., by email) about the relevant alternative dispute resolution bodies:

1. Internet Ombudsmann, Margaretenstr. 70/2/10, 1050 Vienna (http://ww.ombudsmann.at)
2. Consumer Arbitration Board, Mariahilferstr. 103/1/18, 1060 Vienna (http://www.verbraucherschlichtung.or.at)

• On their websites, you will find general information about these bodies and the dispute resolution process. We will also inform the consumer whether we will participate in the dispute resolution procedure before these ADR bodies.

12. “Online Dispute Resolution” (Information Regarding Online Dispute Resolution)

Since February 15, 2016, the EU Commission has provided an internet platform for the online resolution of consumer disputes (known as the “ODR Platform”). This platform serves as a point of contact for out-of-court or alternative resolution of disputes concerning contractual obligations arising from online sales or service contracts.

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 email at: info@viennafil.com.

13. Payment

The payment of the auction invoice must be made immediately in cash by buyers who are present. For all other buyers, payment must be received by the auctioneer no later than ten days after receipt of the invoice. Any deviation from this payment method requires prior approval from the auctioneer. Money transfer costs and exchange rate fluctuations are the responsibility of the buyer. The credited amount in euros on the day of receipt is decisive. If payment is not made immediately or no later than 14 days after receipt of the invoice, or if the lots are refused without a separate agreement, the auctioneer is entitled, at their discretion, to either: Charge a late fee of 4% and default interest of 1% for each started month, OR declare the buyer’s rights from the auction void and sell or re-auction the lots without further notice. (In this case, the defaulting buyer is liable for any special costs as well as fees for the re-auction and any potential shortfall from the resale, without having any claim to any surplus proceeds.) OR refer the matter to the consignor. Partial payments made by a buyer for multiple awarded lots may, at the auctioneer’s discretion, be offset against any outstanding claims for any reason. In case of late payment of agreed installments or payment deadlines, the auctioneer may declare the total outstanding amount immediately due and charge the above-mentioned interest. If the buyer ultimately fails to accept the awarded lots, at the latest within three months after the original auction date, the auctioneer may charge the debtor at least the missed auction commission as compensation for non-fulfillment. The debtor has the right to prove that the auctioneer suffered no or lesser damage.

14. Cash Payments

For cash payments of €10,000 or more, identification through an official photo ID is required, and a copy will be retained by the auctioneer. If acting on behalf of another person, both the authority and identity of the representative and the represented person must be verified. If the customer is a minor or a legal entity, both personal identification and authorization of representation must be provided. In the case of a trust relationship, the identity of the trustor must also be disclosed.

15.  Counterclaims and Rights of Retention

The buyer may only offset claims against the auctioneer or consignor if they are directly related to their obligation and have been legally established or expressly acknowledged by the auctioneer or consignor. The buyer’s right to withhold payment due to claims from other transactions with the auctioneer or consignor is excluded, as far as legally permissible.

16.  Fulfillment Obligations

If an invoice is issued in the name of a third party at the request of the buyer, the auctioneer only acknowledges further fulfillment obligations by the third party. The buyer remains fully responsible and liable for all payment obligations.

17. Shipping Costs

The costs for insured shipping will be clearly stated in the invoice and are as follows for a standard letter up to 150 grams:

• Austria: € 10
• EU Countries: € 20   
• non-EU Countries: € 25      

Shipping will be carried out promptly after payment has been received, via postal service or a private courier chosen by the auctioneer, to the address provided by the buyer. Any alternative shipping method requires the auctioneer’s consent. The risk of shipping is borne by the buyer unless the buyer is a consumer, in which case the auctioneer bears the risk. To claim insurance, the buyer must document any receipt of damaged or opened packages and report the incident to the auctioneer immediately.

18. Lot Descriptions

Lot descriptions are made by experts with the utmost care and to the best of their knowledge and belief. Unless otherwise stated, the descriptions serve only to provide information, explanations, categorization, and differentiation. Terms like “excellent,” “superb,” or “luxury,” as well as catalog values, face values, or other indications like “mint,” “complete,” or “whole,” reflect only subjective assessments or impressions from samples and do not constitute guarantees of condition or specific properties.

By placing a bid on already expert-verified items, the bidder acknowledges the validity of these expert opinions concerning authenticity, quality, completeness, and other aspects, unless the bid is submitted with the condition that it be re-verified by an accepted and named expert. If new findings or technological advancements change the opinions of recognized experts after the sale, the auctioneer has the discretion to accept or reject the claim at the consignor’s expense. The lots are sold in the condition they are in at the time of the auction. Claims concerning authenticity or quality for collections, group lots, or lots with two or more individually non-described items are excluded. Visible or described conditions such as margins, centering, perforations, or stamps are not grounds for claims. Items whose value is derived from their postmark cannot be claimed for other defects. Any errors in bid submission are the responsibility of the bidder. Valuations, particularly for collections, are non-binding estimates and do not constitute grounds for claims. Bidders present at the auction purchase items “as viewed” and may not raise objections regarding the description or condition of the purchased item after the award, except for hidden defects.

All other claims must be made immediately. Buyers not present at the auction must submit claims within eight days of receiving or attempting delivery of the lot. Failure to collect or accept the lot within this time frame voids the right to make a claim. Extensions of the claim period may be granted in justified cases, but this does not affect the buyer’s payment obligation. This obligation also applies to lots awarded with the condition of verification. A claimed lot may only be returned in its original state and full scope; otherwise, the claim is invalid. Adding an expert mark by an expert liable for errors does not constitute a change. The reason for the claim must be supported by a certificate from a recognized and relevant expert. In case of doubt, the auctioneer may request a second certificate from another recognized expert. The buyer must bear the costs if the lot description substantially matches the expert’s findings, or if the buyer still acquires the lot. In the case of a justified claim, the purchase price, fees, and certification costs will be refunded upon return of the lot. Any other claims are excluded. Claims are handled on behalf of the consignor. The auctioneer is also entitled to refer buyers with all claims to the consignor. Any other claims are excluded. All claims against the auctioneer expire after two years.

19. Unsold Lots

Unsold lots that are not purchased during their first call in the auction may, at the request of one or more participants, be re-offered later in the auction—either on the same auction day or on subsequent auction days, after later lots in the scheduled order or after the last scheduled lot. These lots may be purchased by submitting a bid (offer) and acceptance of such a bid through the auctioneer’s award. The lots remain available for purchase for several days (up to two weeks) under the same terms and conditions as the auction, at the starting price (or the reserve price for reserved lots).

20. Personal Data

Auction participants expressly agree that their personal data provided for the fulfillment of mutual rights and obligations arising from contracts will be processed and used for market research and marketing purposes. The contract data will be stored for these purposes through automated systems. Participants explicitly agree to the inclusion of their personal data in the auctioneer’s customer database and agree to receive customer information of any kind, unless they revoke their consent in writing at any time. Customer data will not be shared with third parties unless required for the fulfillment of legal obligations or obligations arising from the auction.

Participants further agree that their data may be used for advertising purposes and shared with the auctioneer’s partner companies, which may use the data for the same purposes, in accordance with data protection laws. The auctioneer is entitled to share the buyer’s personal data with consignors in the case of long-term payment delays. If third parties make claims on auctioned items, the auctioneer may disclose the consignor’s data or the information of a judicially deposited item to the third party.

Participants who provide incorrect personal data or fail to update their data with the auctioneer bear full responsibility for any damages and/or must compensate the auctioneer. Notifications sent to the last address provided by participants are considered effectively delivered, regardless of whether the participant still 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 Juni 2019