Ni-Cola Classics Automobilia Auction

General Terms and Conditions I. General, Legal Binding of the General Terms and Conditions, Registration 1. Ni-Cola Classics Automobilia Auctions & Classic Car Sales ("Ni-Cola") is an auction house in which vehicles, vehicle components, vehicle accessories and automobilia ("Auction Goods/Items") are auctioned. 2. These General Terms and Conditions ("GTC") shall apply to all consignments, auctions and other sales contracts brokered by Ni-Cola as well as to all online auctions and direct sales by telephone. In particular, they apply to the legal relationships between Ni-Cola and the sellers, Ni-Cola and the buyers, and to the legal relationships between sellers and buyers. These GTC are deposited on the website of Ni-Cola in a printable form and are displayed at the auction House, Hauptstra?e 54, 68526 Ladenburg, Germany. 3. The legally binding nature of these GTC is acknowledged by sellers and buyers, when they register with Ni-Cola for the first time. After their registration, they may not invoke the fact that these GTC are not legally binding. Ni-Cola reserves the right to make changes to the GTC, in particular in the event of changes in the law, changes in case law or changes in economic circumstances. Such changes will be published on Ni-Cola's website and thus brought to the attention of sellers and buyers. They shall be deemed to have been accepted if sellers or buyers do not object to them within four weeks of publication on Ni-Cola's website. Sellers and buyers will again be informed of the four-week objection period when changes to the GTC are published and will also be informed, that the changed GTC will become valid, if they are not objected to in writing within the four-week period. 4. Ni-Cola auctions vehicles, vehicle accessories and automobilia in the name of third parties and on its own account. The seller assigns to Ni-Cola all rights arising from the purchase contract concluded with the buyer. Ni-Cola hereby accepts the assignment. Should, in exceptional cases, Ni-cola's own auction goods be auctioned, this will be noted on the website and in Ni-Cola's auction catalog. II. Setting of the insured goods, procedure of the auction 1. The seller shall provide an accurate and complete description of the auction goods to be sold. He must truthfully state all properties and characteristics as well as defects considered essential for the decision to purchase in the market. This information shall be provided in writing, also by means of electronic transmission. Insofar as expert opinions/condition reports/evaluations are available when vehicles are auctioned off, these shall be deemed to be information provided by the seller. 2. The items to be auctioned are marked according to a consecutive numbering system in the auction catalog and on the website during an ongoing auction and will be auctioned in this order. 3. Ni-Cola reserves the right to separate auction lots, to remove auctioned goods from an auction, to change the order, to exclude persons from an auction and to reject written bids. Ni-Cola may require security from buyers participating in an auction for the first time. 4. Ni-Cola allows buyers to inspect the auction goods prior to an auction. The time and place of the inspection are indicated in the auction catalog and on Ni-Cola's website. 5. The auction goods are described to the best of knowledge and belief in the auction catalog and on the website. The description constitutes neither an agreement as to quality within the meaning of ? 434 (1) S. 1 BGB (German Civil Code) nor a guarantee of quality within the meaning of ? 443 BGB. Unless expressly stated in the auction catalog or on the website, the auction goods have not been tested for function. Transformers and switchgear do not necessarily comply with current VDE regulations. has. Catalog illustrations can deviate in color from the original. 6. Buyers have the opportunity to submit written bids. These must be received by Ni-Cola no later than 1 business day prior to the auction. 7. The bidding increments are 10,00 ? for a value of the auction goods up to 100,00 ?, 50,00 ? for a value up to 1000,00 ? and 100,00 ? for a value of 1000,00 ? or more. Ni-Cola is entitled to change the amount of the bidding increments. 8. The prices stated in the auction catalog and on the website are minimum prices. Bids that fall below the minimum price will not be considered. The buyer is solely liable for input errors when placing bids. 9. With the acceptance of a bid in an auction, a contract of sale for the auction item is concluded between the seller and the buyer. The auction item shall be knocked down to the highest bidder after a bid has been called three times, provided that the minimum price has been reached. If the minimum price is not reached, no purchase contract shall be concluded. 10. In case of several highest bids of the same amount, the buyer, who has placed such a bid first shall be awarded the contract. 11. The acceptance of the bid shall oblige the buyer to pay the hammer price, the additional fee and the value added tax ("Purchase Price"). The additional fee shall amount to 16% of the hammer price plus the applicable statutory value added tax, in total 19.04% of the hammer price. 12. Upon acceptance of the bid, the risk of accidental deterioration or accidental loss of the auction goods shall pass to the buyer. Ni-Cola recommends that buyers protect themselves against the risks of loss, theft, damage or destruction by taking out insurance. 13. If a purchase contract for the auction goods is not concluded in an auction, because the minimum price has not been reached, such a contract may be concluded by way of renegotiation in agreement with the seller and the buyer at a different purchase price. The relevant provisions of these GTC shall apply accordingly. III. Payment of the purchase price, transfer/dispatch of the auctioned goods, retention of title 1. Ni-Cola shall collect the purchase price in its own name on behalf of a third party. Payment of the invoice shall be due immediately. The occurrence of default does not require a reminder (? 286 No. 3 BGB). 2. The ownership of the auction goods by the seller shall not pass to the buyer until the purchase price has been irrevocably received in full by Ni-Cola. 3. Until the purchase price has been paid and the auction goods have been handed over or dispatched, the auction goods shall be held in safe custody at the risk and expense of the buyer. 4. Buyers, who are present in an auction have the possibility, to pay the purchase price for the auction goods at the day of the auction in cash or by EC card. Credit cards are not accepted. 5. They have the possibility, to receive the auction goods after paying the purchase price on the day of the auction. 6. If the buyer wishes the auction goods to be shipped, this will be done at the risk and expense of the buyer. Ni-Cola expressly points out, that it cannot be ruled out that "small parts" may come loose during shipment of the auction goods. This risk is also borne by the buyer. The costs for postage and packaging will be charged according to expenditure. If the buyer wishes an insurance, he has to bear the costs for this. The shipment of the auction goods shall take place after payment of the purchase price invoiced to the buyer as well as the packaging and shipping costs. 7. Vehicles shall be stored by Ni-Cola free of charge for a period of 7 days after the auction has taken place; from the 8th day onwards Ni-Cola shall charge standing costs in the amount of ? 20.00 plus VAT per day. 8. Ni-Cola shall assume the invoicing to the buyer and the collection, but not the collection risk for the seller. If the buyer refuses payment and acceptance of the auctioned goods, Ni-Cola shall withdraw from the purchase contract and claim damages against the buyer for non-performance. 9. In agreement with the seller, the auction goods shall then be placed in a further auction. Any resulting shortfall in proceeds shall be borne by the buyer. The buyer shall not be entitled to any additional proceeds. 10. In such a case Ni-Cola shall be entitled to claim damages for non-performance in the amount of 25 % of the hammer price. The amount of damages shall be set higher or lower if Ni-Cola proves higher damages or the buyer proves that lower damages or no damages at all were incurre IV. Complaints 1. Obvious defects must be asserted in writing directly to Ni-Cola by buyers, who are present at an auction 2. Furthermore, buyers are obligated to immediately notify defects in writing after receipt of the auction goods. A complaint shall be deemed to be made without delay, if it is made by midnight on the working day following handover. If vehicles or vehicle components are handed over to a transport company on behalf of a buyer, a transport handover certificate shall be issued upon handover to the transport company. This transport handover certificate must include any visible defects. The transport company shall be exclusively liable for any damage to the vehicle occurring during the transport. In the case of handover to a transport company, the complaint period is extended to midnight of the working day after handover of the vehicle / vehicle components by the transport company to the buyer, but no longer than midnight of the 6th working day after the sale. If a precise diagnosis of the defect is not possible within these deadlines, the general notification of the defect must still be made within these deadlines. Later as well as verbal/telephonic notices of defects cannot be considered. 3. Ni-Cola shall inform the seller in writing of the existence of a complaint. 4. Ni-Cola points out to the seller, that it is legally obliged, to name him, if the buyer demands this. V. Liability 1. Ni-Cola shall not be liable for any damages incurred by sellers, buyers or third parties in connection with the auction or other services provided by Ni-Cola, in particular for damages resulting from the fact, that bids submitted due to technical defects are not included in the auction or are not included in time. The same applies to damages resulting from the fact, that the auction item was not presented or was presented incorrectly (e.g. temporary failure of technical and electronic devices). The seller shall be exclusively liable for the information on the auction goods and the legality of an offer for sale. 2. Ni-Cola shall only be liable to sellers, buyers and third parties in the event of intent and gross negligence, as well as in the event of a breach of cardinal obligations pursuant to ? 203.2 No. 2 BGB. Any further liability is excluded. This exclusion shall not apply to damages resulting from injury to life, body or health caused by a negligent breach of duty on the part of Ni-Cola or an intentional or negligent breach of duty on the part of a legal representative or vicarious agents of Ni-Cola. 3. In the event of a negligently caused breach of material contractual obligations, Ni-Cola's liability shall be limited to the amount of the foreseeable damage typical for the contract. Material contractual obligations are those obligations the fulfillment of which makes the proper performance of a contract possible in the first place and the observance of which the seller and buyer may regularly rely on. Any further liability of Ni-cola is excluded. VI. Liability for material defects 1. Liability for material defects is excluded. Vehicles, vehicle accessories and automobilia shall be auctioned off in the condition in which they are found at the time of acceptance of the bid. Vehicle accessories and vehicle components are not subjected by Ni-Cola to any technical or originality tests and often do not correspond to the current state of the art. Used vehicles show signs of wear and tear corresponding to their age or mileage. Ni-Cola is not the owner of the vehicles and therefore does not assume any warranty for a certain condition or characteristic of the vehicle. Likewise, Ni-Cola does not guarantee the correctness and completeness of the information provided by the seller. This applies in particular to information about a certain condition or property of the vehicle or its equipment. The seller is exclusively liable for this information. Vehicles are also not subjected to any technical or originality tests by Ni-Cola. 2. The exclusion of liability for material defects shall not apply in the event of intent or gross negligence and shall not apply to damage resulting from injury to life, limb or health caused by a negligent breach of duty on the part of Ni-Cola or an intentional or negligent breach of duty on the part of a legal representative or vicarious agents of Ni-Cola. 3. The seller agrees, that Ni-Cola may disclose his name to the buyer if the buyer asserts claims for material defects which are not obviously unfounded and the buyer asserts in writing to disclose the identity of the seller. VII. Data protection/use of stored data 1. Ni-Cola is entitled to collect, store, process and use personal data for its own purposes. In doing so, it shall in particular observe the provisions of the German Data Protection Regulation (DSGVO) and the German Telemedia Act. 2. In particular, Ni-Cola shall be entitled to use the data and information relating to the sale of the auctioned goods in the context of the use of its services by the seller/buyer, to the extent that this is to use and publish such data and information to the extent necessary for the use of these services, to forward this information to the parties to a contract of sale, insofar as this is necessary to third parties, as far as this is demonstrably necessary to protect the legitimate interests of interests of third parties or public interests, e.g. if it serves the clarification of an abuse serves general legal prosecution, in other cases, to pass on the data after obtaining the consent of the seller/buyer, to use sales data, i.e. vehicle data, bidding steps and vehicle documents, anonymously. 3. If a seller or a buyer withdraws his registration, he shall be entitled to the deletion of the personal data stored, unless Ni-Cola still requires it for the processing of contracts. VIII. Rights of exploitation, use and copyright Ni-Cola or the seller shall be exclusively entitled to the exploitation, use and copyrights to the illustrations on the website and in the auction catalog. They do not pass to the buyer with the purchase of the auction goods. The right to these illustrations includes their reproduction and publication as well as the exercise of all ancillary and consequential rights. IX. Applicable Law, Place of Jurisdiction, German Language 1. These GTC as well as the legal relationships between Ni-Cola, sellers and buyers arising in connection with auctions shall be governed by the laws of the Federal Republic of Germany. The legal relationship between the parties involved shall be governed by the GTC in the German language. Translations of these GTC serve the purpose of information and comprehensibility. The same applies to information in the auction catalog or the website. 2. If the seller or the buyer are merchants within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law or a company within the meaning of ? 14 BGB, the exclusive place of jurisdiction - including international jurisdiction - for all disputes arising from or in connection with the GTC, the auctions and the purchase contracts for the auctioned goods shall be the registered office of Ni-Cola in Ladenburg, Germany. 3. The same place of jurisdiction shall apply if the seller or buyer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or if his place of residence or habitual abode is unknown at the time the action is brought. 4. However, Ni-Cola is in all cases also entitled, to bring an action at the place of performance in accordance with these GTC or a prior individual agreement or at the general place of jurisdiction of the seller or buyer. 5. This shall be without prejudice to any overriding statutory provisions, in particular those relating to exclusive jurisdiction. 6. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of international private law shall not apply. X. Severability clause Should any provision of these GTC or any provision subsequently incorporated into these GTC be or become invalid or unenforceable, in whole or in part, or should a gap in these GTC become apparent, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision or in order to fill the gap, the valid and enforceable provision shall be deemed agreed which comes closest in legal and economic terms to what the parties intended or would have intended according to the spirit and purpose of these GTC. XI. House rules of Ni-Cola 1. Ni-Cola has the right to refuse persons access to its auction house or participation in auctions without giving reasons. 2. Trading with third parties on Ni-Cola's premises is not permitted. In the event of infringements, Ni-Cola shall be entitled to withdraw the registration of the persons or companies concerned. 3. The regulations of the StVO apply on the premises of Ni-Cola. 4. Minors are only permitted to enter the company premises, if accompanied by a parent or guardian. 5. Parking of vehicles entered in an auction in the customer parking lot before or after an auction is not permitted. 6. Visitors of an auction are liable for any damage caused by them. Status: October 2021