2nd creneaux wine auction

Authorization Creneaux GmbH (hereinafter referred to as the ?Auction House?) conducts public auctions of movable goods in accordance with the provisions of ? 158 of the Trade, Commerce and Industry Regulation Act and the General Terms and Conditions of the Auction House, in particular of wines and spirits. The statutory provisions shall only apply on a subsidiary basis, whereby the Consumer Protection Act shall remain unaffected. Deviating terms and conditions of the Auction House?s contractual partners shall not be valid as a contractual basis. Translated with DeepL.com (free version) Acceptance and rejection at auction (1) The Auction House accepts wines and spirits for auction provided that their sale is permitted by law and there is no suspicion of theft, embezzlement or illegal import or export. (2) When receiving wines and spirits from abroad, the Auction House reserves the right to request proof of customs clearance and an export license. (3) The Auction House may refuse to accept items without giving reasons. Objects already accepted may also be withdrawn without stating reasons. Translated with DeepL.com (free version) (4) The Auction House shall determine the starting price and the estimated price of the lots to be auctioned. (a) The starting price is the price at which a lot is called at the beginning of an auction. No bids may be placed below the starting price. (b) The estimated price consists of the lower and upper estimated price and is the subjective price assessment of the respective lot by the auction house. (c) The hammer price is the highest bid submitted, which is accepted by the auctioneer after three calls. Consignment note (1) The transfer of lots to the Auction House shall be documented in a transfer bill containing a list of the wines and spirits transferred. The consignor shall be responsible for the accuracy of the information provided. (2) By signing the Consignment Note, the Consignor accepts the Auction House?s General Terms and Conditions. Upon consignment, the Consignor shall receive a copy of the Consignment Note as well as a copy of the Auction House?s General Terms and Conditions. Any objections must be reported immediately. (3) The payment of the auction proceeds, the revocation of the auction order and the return of unsold lots shall only be made upon presentation of a copy of the acceptance certificate. In cases of justified concerns, the Auction House reserves the right to demand written proof of the right of disposal. (4) In the event of loss or destruction of the copy of the acceptance certificate, the Auction House reserves the right to make its services dependent on the judicial declaration of invalidity of the acceptance certificate. Rejected lots (1) Wines and spirits that were handed over or sent to the Auction House for auction but were not accepted by the Auction House for auction and were not collected by the Consignor in good time shall either be returned at the expense and risk of the Consignor or stored at the expense and risk of the Consignor. The same applies to lots that have been withdrawn by the Auction House. (2) The Auction House reserves the right to withdraw lots from the auction without giving reasons. Valuation and description (1) Our experts examine the wines and spirits accepted for auction with due care and diligence and provide an estimate as well as a description of the respective lots. The estimates, call prices and descriptions are prepared with the utmost care, but the Auction House does not guarantee their accuracy to the buyer and consignor. (2) The Auction House assumes no liability for the price determination in the form of the estimated price, nor for the description of the respective lots. (3) In the event of discrepancies between the text and the illustration in the online catalog, the illustration shall take precedence. Condition (1) As a matter of principle, no information on the condition of the items is provided in the auction catalog. Should a description of the condition of individual items nevertheless be provided, this is done voluntarily and without assumption of liability. (2) All information regarding the fill level of the wines and spirits as well as the absence of capsules and labels and also the overall condition is non-binding. (3) The wines and spirits shall be auctioned in the exact condition in which they are at the time the highest bid is accepted. (4) Prospective buyers may request a condition report of lots from the Auction House, which is merely a subjective assessment of the Auction House for which no guarantee is assumed. Withdrawal (1) The Auction House may withdraw lots from the auction and terminate the contractual relationship with the Consignor if, in particular (a) there are doubts as to the ownership of the consigned lots (b) the Consignor has provided the Auction House with false information regarding the consigned lot, his person or other business or contract-relevant data. (c) there are doubts about the authenticity and genuineness of the wines. (2) Consignors may withdraw lots brought to the auction free of charge up to 14 days before the start of the auction. For lots which the consignor wishes to withdraw within the 14 days prior to the start of the auction, a withdrawal fee of 30% of the starting price must be paid. Unsold lots (1) Unsold lots may be offered at the next auction at the same or a lower call price. Without the consent of the consignor, the call price may be reduced by a maximum of 50%. (2) The consignor of lots that remain unsold in the auction shall be given a deadline for collecting the lots. If the Consignor does not comply with the request within this period, the Auction House reserves the right to (a) to remove the lots from storage at the cost and risk of the Consignor. (b) be returned to the contributor by post at the contributor?s expense and risk. Aftersale Lots not sold in the auction can be purchased directly in the aftersale after the respective auction at the indicated aftersale price. The aftersale price is usually the same as the starting price at the auction. The General Terms and Conditions apply equally here. Photographs The Consignor grants the Auction House the irrevocable and unrestricted right to use and distribute the photographs of the lots consigned. Even if this has no connection with an auction. Bids (1) All prices are quoted in EURO. The increments shall be in approx. 10% steps. (2) The contract is concluded with the acceptance of the highest bid (highest bid) if no overbid is submitted after three bids. (3) The Auction House has the right to reject bids without giving reasons or to accept bids only with reservations. (4) The Auction House is entitled to combine or separate lots and to change the order of lots during the auction. (5) In the event of overlooked bids, multiple bids and differences of opinion, the Auction House reserves the right to cancel the knockdown of a lot within 14 days. (6) The bidder remains bound by the bid submitted. In particular if the submitted bid has been outbid and the highest bidder is rejected for whatever reason. (7) In the event of several bids of the same amount, the bid submitted first shall be accepted. Buyer?s premium The buyer shall pay the premium due to the auction house on the hammer price (highest bid), which is made up as follows: (a) For lots subject to differential taxation (no special marking in the catalog), a standard premium of 22% (incl. VAT) will be charged. Example of differential taxation: Sale at a highest bid of ? 1,000: The invoice amount would be ? 1,220 (? 1,000 highest bid + ? 220 premium) (b) For fully taxed lots (marked with an ?*? in the catalog), a standard premium of 18% is charged. Example of full taxation: Sale at a highest bid of ? 1,000: The invoice amount would be ? 1,416 (? 1,000 highest bid + ? 180 premium + ? 236 VAT) Payment and transfer of ownership (1) Buyers from Germany and abroad are obliged to pay the invoice amount within 14 days of receipt of the invoice. If the Buyer fails to meet this obligation, the Auction House is entitled to charge interest on arrears. (2) The invoice amount is to be transferred by bank transfer to the bank account of the Auction House indicated on the invoice. (3) Ownership of the auctioned lot shall not pass to the buyer until the invoice amount has been paid in full. (4) The Auction House will only hand over auctioned lots to the Buyer after full payment of the invoice amount. (5) If the buyer does not fulfill his payment obligation, the auction house reserves the right to terminate the contract and to either sell the unsold lots to a lower bidder or to auction them again. Insurance (1) Any wines and spirits consigned to the Auction House with its consent shall be insured against loss and damage until the purchase price has been paid in full or until the end of the specified collection period. The value of the insurance for the items shall be equal to the specified asking price, unless a specific minimum sale agreement has been made, in which case the insured value shall be equal to the minimum sale price. (2) Liability towards the Consignor shall commence with the takeover of the property and shall continue until its sale. Liability vis-?-vis the buyer shall commence when the highest bid is placed and shall end at the end of the collection period. For unsold objects, liability towards the Consignor shall end upon expiry of the deadline set for collection. (3) In the event of loss or total loss of an object, the contributor shall be reimbursed the corresponding insurance value, which, unless otherwise agreed, corresponds to the call price. For objects that have already been sold, the purchase price shall be reimbursed to the buyer. In the event of damage to an item, the auction house will reimburse the costs for the reduction in value as determined by the insurance company. (4) The Auction House shall only be liable for damage to the lots as a result of force majeure, pest infestation, climatic fluctuations or similar events in the event of gross negligence or intent. Payment to Consignor (1) After 14 days from the date on which full payment for a lot has been made, the consignor shall be paid the proceeds from the sale less all commissions, taxes and other fees and expenses incurred. (2) In the event of a complaint about a lot sold, the Auction House reserves the right to suspend payment to the Consignor until the complaint has been finally processed. If the buyer?s complaint against the Auction House is justified, the Auction House reserves the final right to refuse payment to the consignor in whole or in part. If the proceeds of the sale have already been transferred, the Auction House may reclaim them in full or in part and the Consignor is obliged to refund the amount immediately upon request. (3) Payments are usually made by bank transfer. Purchase orders / Bids (1) The Auction House accepts purchase orders (bids) in writing and by telephone as well as via the Internet. The General Terms and Conditions of the Auction House are recognized with the submission of a purchase order. (2) The Auction House reserves the right to reject or disregard purchase orders received without giving reasons. It assumes no liability for the error-free processing of purchase orders. (3) Written bids received shall be evaluated as if the bidder were in the auction room and the Auction House takes over the bidding up to the respective maximum bid. If two written bids of the same amount are submitted, the chronologically earlier bid will be given preference. (4) If, for whatever reason, it is not possible to establish a telephone connection when bidding by telephone, the telephone bidder shall give the Auction House the right to bid the starting price of the respective lot in his name. (5) Written and telephone bids will only be accepted if the bidder completes the relevant form correctly. In the event of discrepancies between the lot number and the title of a lot, the lot number shall take precedence. Place of jurisdiction (1) All legal disputes arising shall be governed exclusively by the substantive law of Austria. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The provisions of the Distance Selling Act, which do not stipulate any reasons for withdrawal or revocation, are excluded. The objects will be exhibited for viewing prior to the auction and can be inspected in person. (2) All disputes arising from an auction transaction shall be settled exclusively before the Austrian court with jurisdiction for Salzburg, whether directly or indirectly. However, this agreement shall not apply to consumers within the meaning of the Austrian Consumer Protection Act, provided that they have a domicile or habitual residence in Austria, unless other applicable regulations exist. These General Terms and Conditions enter into force on April 19, 2024.