Antiques & Collectibles Holiday Auction 2022

General Auction Terms and Conditions Please read carefully prior to bidding/buying. 1. BAM! - Blitz Antiques & Militaria (hereinafter referred to as BAM!) shall carry out the auction as an intermediary in the name of and for the account of third parties, as a commission agent in its own name and on behalf of consignors, or in its own name and for its own account. The auctions may be conducted on or outside the business premises of BAM!, with physical participation of bidders, by phone, online or by using any other digital or electronic media, in particular dedicated electronic auctioning platforms, and may also be online-only auctions. 2. All items offered at auction are sold as is, where is, no refunds, no returns and without recourse. All descriptions are based on the opinion of BAM! experts. Descriptions including photographs, condition, weights, authenticity, provenance, manufacturer, artist, origin and measurements are believed to be accurate, however, we are only humane and prone to mistakes. Therefore, neither BAM!, BAM! experts, BAM! nor consignors are not responsible for any omission or errors in the description, or a further verbal description given by the experts the day of the auction or by any employee preceding or following the auction. All measurements and weights are approximate. It is the responsibility of the prospective bidder to inspect the photos and determine exact condition of each item. BAM! encourages contacting us for additional information or questions that you may have on desired lots BEFORE AUCTION START. There is also no guarantee or liability in respect to visible or hidden defects. Once the bid has been accepted, no complaints of any kind may be taken into account. 3. BAM! reserves the right to combine, separate, exclude, withdraw or rearrange any lot without giving a reason. Without giving any reason, BAM! may refuse any bid submitted either in person, in writing, or online if said bidder is unknown to him, has not provided a sufficient deposit or satisfactory references prior to the auction. Likewise, the aforementioned right of refusal also applies to customers whose accounts have not been settled in full at the time of the auction. In the event a bid is refused, the second highest bid shall be binding. BAM! is authorized to retract his acceptance of the bid and award the lot immediately in favor of a particular bidder at his discretion or to offer the object again if a higher bid made at the right time was erroneously overlooked or if any doubts arise regarding the sale. If the highest bidder wishes to withdraw his bid, BAM! is entitled to accept his bid nevertheless with all consequent rights; however, he may also accept the second highest bid offered or repeat the whole call. At the bidders request, any lot that initially remained unsold may be offered again and sold during the day of the auction, or may be transferred into a another online-only auction. 4. While many lots are listed without reserve prices, at times, BAM! or its consignors may assign minimum selling prices to select lots in each auction. BAM! may execute bids on the behalf of our consignors due to reserve prices. 5. Estimates published, showing both a high and low end range for each item, are of the opinion of BAM! experts as to the FMV (Fair Market Value) for each item. BAM! makes no warranties as to finite value for item(s) sold. You as the bidder decide the final price. 6. The highest bidder, whether in the sale room, absentee, on the telephone or online will be acknowledged and recorded by BAM!. Title to all merchandise shall pass to the highest bidder at the fall of BAM!s "hammer." The purchaser shall assume full risk and responsibility for the lot purchased once title has passed. 7. The purchase price comprises of the bid amount, a 25% buyers premium, and the costs of insurance, packaging and shipping. 7. The successful bidder is obligated to pay the purchase price to BAM! within three (3) working days. 8. No auction lot will be shipped until payment has been accepted and cleared. BAM! is not responsible for bidder errors, auction platform errors, electronic device errors, internet errors, phone bidding errors and or other bidding mishaps. Please see our payment, pickup and shipping section for further details. All items won must be paid for within three (3) business days or a dispute will be filed with the bidding platform after that period. Once a dispute is filed, claims to unpaid items are void, and the gallery will have full title and claim to the items in order to resell them at auction. 10. Should the buyer fail to fulfil his payment obligations within the specified time limit, he is automatically in default. As a consequence, a minimum charge of ?25 will be added to the invoice amount, along with any payment reminder and/or collection fees incurred. At the same time, interest shall accrue at 5% above the base rate p.a. Should the buyer fail to meet his payment obligations, despite receiving a reminder, he shall be liable for the damage caused by his default. If BAM! asserts his right to compensation for non-performance under section 326 BGB (German Civil Code), he is entitled to offer the item for auction again at a later date. Once another buyer is found, all rights granted to the previous buyer shall expire. If the lot is resold, the previous buyer shall be regarded as the consignor and is therefore liable to recompense BAM!?s services; fees to the amount of 20% (incl. VAT) for lots with a hammer price of ?300 and above, or 30% (incl. VAT) for lots with a hammer price under ?300, as well as all additional costs incurred by the renewed sale of the item thus become payable. He shall have no claim to the excess proceeds. The proceeds from the new auction are to be offset against the debt of compensation on receipt of the payment or the credit by BAM! in accordance with section 367 BGB. Moreover, BAM! reserves the right to rescind the contract if the buyer fails to pay the purchase price in full and/or collect his purchases within a reasonable time period set by BAM!. In the event of rescission, BAM! is entitled to demand compensation from the buyer for non-performance. In particular, the claim for compensation includes the commission charges incurred. BAM! is entitled to claim 45% of the hammer price as flat-rate compensation without further verification. Furthermore, BAM! shall be permitted to provide proof of additional damages, particularly where these are higher than the flat-rate compensation. 11. BAM! reserves the right to exclude any person from the auction without explanation, particularly those who engage in dealing or exchange during the auction, disturb the proceedings or whose accounts have not been settled in full from present or past auctions. This is also applicable to the registration required for participation in online auctions. 12.The auction contract and all rights and obligations arising from the business relationship between BAM! and the buyer shall be exclusively governed by German law. The Uniform Law on the International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods and the CISG United Nations Convention on Contracts for the International Sale of Goods shall be excluded. 13. As long as catalogue owners, participants of the auction and bidders do not state otherwise, they guarantee that they use the catalogue and the items dating from the time of the Third Reich depicted therein ONLY for the purpose of civil education, to avert unconstitutional movements, to promote art or science, research or teaching, the reporting about current or historical events or similar purposes. BAM!, their agents and consignors shall only offer and/or deliver said items under these conditions. BAM! reserves the right to cancel any bid or sale if we feel that these laws are not being followed by the buyer and/or his representatives. 20. If one or more of the above provisions should become invalid, or change, in full or in part, it shall be replaced by a valid provision that most closely approximates the purpose of the invalid provision. The other provisions shall remain unaffected.