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General Terms and Conditions

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The present General Terms and Conditions ("GTC"), including the Fee Schedule forming an integral part thereof, shall apply to all contracts concluded with Joh. Springer's Erben Handels GmbH ("JSE") in the course of an auction. The following GTC for "Auctions" supplement the General Terms and Conditions of JSE, published at https://www.springer-vienna.com/geschaftsbedingungen/. A specific provision made hereunder takes precedence in the legal consequences over a more general agreement made thereunder in the event of a contradiction. Mandatory legal regulations, in particular those of the consumer protection act (“Konsumentenschutzgesetz, KSchG”), remain unaffected; conflicting terms and conditions of business of contractual partners are ineffective.
 
1. General
1.1. Auctions may be held in JSE's own name, by commission or by brokerage.
1.2. In terms of auction types, the "auction" is distinguished as a "classic auction" from the "online auction" and the "silent auction". In all three cases, auctions are public auctions. Auctions can be made deviating from the order, interrupted or canceled for important reasons.
1.3. The classic auction is a public auction, which is basically held among those present (presence auction) on the premises of JSE. The auction is conducted by an auctioneer. Bids are submitted in writing as pre-bids, in person on site, after registration also by telephone or electronically (by fax, e-mail, via the auction platform). Pre-bids are submitted by means of a bidding slip via the auction platform of JSE or in writing by letter, fax or e-mail. The purchase contract is concluded by acceptance of the highest bidder.
1.4. In the course of the online auction, the sale of items shall take place both by way of announcement to the public via Internet and by way of a written invitation to interested buyers to submit a purchase offer in a numerical amount within the period determined by JSE. During this period, the bidders will be informed electronically of any overbids by other bidders. The purchase agreement shall be concluded with the highest bidder after the expiry of the time limit.
1.5. In the course of the silent auction, the sale of items shall be affected both by announcement to the public via Internet and by a written invitation addressed to prospective buyers to submit a purchase offer in a numerical amount within the period determined by JSE, whereby bidders shall not become aware of the bids of other bidders during this period. The purchase contract shall be concluded by acceptance of the highest bidder.
1.6. Low-value accessories to weapons brought in, such as rifle straps, ammunition and packaging, are not themselves or part of the auction item and are not specifically recorded when they are taken over for auction. JSE reserves the right to dispose these low-value accessories elsewhere or even to destroy them. This does not apply to accessories that increase in value, such as original packaging. The assessment of whether an accessory is of low or high value is the sole responsibility of JSE.
1.7. JSE is entitled to refuse to accept items without giving reasons, or to withdraw any item from the auction until it is knocked down, or to change descriptions and prices.
1.8. The place of performance shall be the place of business of the branch office of JSE in which the respective legal transaction was concluded (in this case Vienna, Austria). In particular in connection with cross-border business relations (within the EU or also third countries), it is pointed out that the Buyer shall bear the costs/risks of a more complex processing associated therewith (e.g. storage fee due to longer processing time, expenses for translations, for issuing export documents, for customs clearance, etc.). The risk that an import/export license is not granted is borne by the importer or the buyer. 
 
2. Auction order (Consignor's voucher)
2.1. JSE prepares a list of the items taken over upon handover of auctioned items. When handing over the item, the transferor receives a copy of the auction order as consignor's voucher, which also confirms the receipt.
2.2. If no agreement on the bid price is reached at the time of takeover, the order for auction shall be provisionally valid only as a consignor's voucher.
2.3. The payment of the sale revenues, a revocation of the auction order and the return of unsold objects shall only be made against a proof of the legitimation of the consignor.
2.4. If, on the other hand, a consignor's voucher has been issued, any disposition of the auctioned item or the proceeds of the sale shall only be made upon presentation of this document. JSE may additionally require the bearer of the consignor's voucher to provide written proof of his right of disposal.
2.5. In the event of the loss of the consignor's voucher, JSE is entitled to make its performance conditional upon the court declaration of invalidity of the consignor's voucher.
 
3. Price Estimation / Item description / Price determination and Limitation of liability
3.1. In the case of auctions, whether in its own name or in the name of third parties, JSE describes the objects to be auctioned on behalf of the consignor with due care and diligence and sets the call prices accordingly. These descriptions are based on the information provided by the consignors, facts obvious to JSE as well as subjective convictions of any experts consulted or employees of JSE qualified for this purpose.
3.2. Statements made by JSE in the description, even if made in advance of an auction order, shall in any case not constitute a warranty of a certain constitution, a functional capability or a certain value of the auctioned item for the buyer. 
3.3. Evaluation and description of the weapons by JSE are carried out without any technical means and with reasonable and appropriate effort in relation to the value of the auctioned item. The technical function of a weapon (in particular lock/action, trigger, safety) is checked only by hand and its external condition is evaluated by visual inspection. The shooting ability and shooting precision will not be checked by JSE within the scope of the description and can also not be requested by a prospective buyer.
3.4. JSE is liable for the correctness of the information given in the description (e.g. manufacturer, date of manufacture, age, proof). Such information is incorrect if it does not correspond to generally accessible scientific knowledge and the opinions of generally recognized experts or if an average standard buyer would not have concluded the purchase if the respective information did not apply. If the purchaser is an entrepreneur, he shall give notice of defects within a reasonable period of time, not exceeding two weeks. 
3.5. JSE is not liable for completeness and for minor incorrect errors in the description.
3.6. For errors in the description and valuation of the items, the liability of JSE towards entrepreneurs (consignors or sellers and buyers) who are not consumers is limited to gross negligence and intent. 
3.7. Further complaints and claims of any kind whatsoever, e.g. regarding the price, the quality and the condition of the auctioned items, shall be excluded to the extent permitted by law, unless they are covered by liability pursuant to clause 3.2. This is only not the case if claims are based on gross negligence or intentional conduct on the part of JSE.  
3.8. If the description and pricing is carried out by an expert or the consignor himself, any liability of JSE is excluded. Claims are to be made directly against the expert or the consignor.
3.9. JSE does not assume any warranty or liability for brokerage purchases and sales. Defects in the auction items can only be claimed directly against the seller. 
3.10. In the case of objects auctioned by executive order or by notarial order, any right of complaint is excluded by law. 
3.11. In the event of incorrect or misleading translations, the German text of the descriptions shall prevail.
3.12. Weapons without or without valid official proof (“gültiger Beschuss” according to § 1 BSchG, Beschussgesetz) are offered by JSE for cultural-historical, technical-historical or decorative purposes only. If, for whatever reason, state certification is required for such weapons, the consignor will be informed of this necessity in advance. Any associated costs have to be borne by the consignor, as will the risk that a weapon may be damaged or destroyed during the proof test. If the buyer requests the official proofing of a weapon that has already been struck, the costs and risk are transferred to the buyer.
3.13. Liability towards companies/entrepreneurs in case of loss of or damage of brought in items is limited to gross negligence and intent up to the amount of the purchase price paid, and only up to a maximum of the insurance value or up to 120% of the call price if no limit has been agreed. In the case of items that remain unsold, JSE shall be liable at the longest until the expiry of the time limits specified in clause 6.
3.14. If a buyer is an entrepreneur or a company within the meaning of § 1 of the Consumer Protection Act (KSchG), the avoidance of the contract due to error or gross disparity reduction by more than half pursuant to § 934 of the General Civil Code (ABGB) shall be excluded.
 
4. Consent of the Consignor
4.1. It can be agreed with the Consignor that an item will not be sold below a minimum price (limit).
4.2. The Consignor agrees that photographs of the items contributed may be taken and published. JSE is fully entitled to all rights, in particular intellectual property rights, to these images. Accordingly, JSE is entitled to use, reproduce and distribute the photographs made of the objects brought in, for whatever purpose.
4.3. The call price agreed with the Consignor is valid only if the item corresponds to the specifications and properties disclosed by the Consignor and has no defects beyond that. Excluded from this are antique items.
 
5. Withdraw of objects 
The consignor may withdraw items up to 48 hours prior to the start of the auction against payment of the applicable consignor's commission.
 
6. Rejected, unsold and withdrawn items
6.1. Items which are handed over to JSE for auction but whose acceptance for auction is refused by JSE or which are not realized as a result of termination by the consignor shall be stored at the cost and risk of the consignor.
6.2. After the end of an auction, JSE reserves the right to offer items that have not been auctioned and remain unsold for subsequent sale (at the call price, last call price or at the limit), charging the currently applicable fees for this, or to take over the items in brokerage. 
6.3. JSE is entitled to return items that have been rejected, could not be sold or have been withdrawn from the auction by the Consignor or are not collected by the Consignor within 14 days despite a request to do so, to the Consignor at the latter's expense, to the extent permitted by law, to make them available for collection or to store them at the consignor's expense and risk. Items that are uneconomical to store or send (storage costs after 2 months or delivery costs including processing costs exceed the value of the goods) may be destroyed by JSE to the exclusion of any claims for compensation by the Consignor.
 
7. Display of Items
7.1. The choice or change of the auction date, the type of auction, the place and date of the display and the choice of a means of transport required for this, as well as the publication, design or change of auction catalogs or other advertising material shall be left to JSE.
7.2. The objects to be auctioned may be viewed at the place announced in the catalog or on the homepage of JSE within the time period stated. The items to be auctioned will be displayed in real and/or with technical/electronic aids, with reference to the place of display.
7.3. Every authorized interested party will be given the opportunity to check the condition of the items, disassembly beyond the usual (tool-free) level is not permitted. During the inspection and also during an auction, the utmost caution is recommended, as each visitor is fully liable for any damage caused by him. 
7.4. JSE is also entitled to present the objects in a branch or representative office of JSE or in any other place, both at home and abroad.
 
8. Assurance of characteristics 
8.1. Neither the descriptions of the offered items published in the auction catalogs or on the website of JSE, nor any statements made orally or in a requested condition report are to be understood as warranties of properties or functionality. Complaints of any kind whatsoever cannot be considered after a successful bid has been accepted, except in cases of liability as described in clause 3.
8.2. JSE reserves all rights, in particular also intellectual property rights, to all documents provided to a Purchaser or Consignor.
8.3. The items coming up for auction are, except for those marked with *, used and are subject to differential taxation (ie: VAT will be charged only on the difference between the purchase and sale price). 
8.4. Items marked with *** or €€ are either new goods or also used goods from third countries. These are fully taxable (see fee tariff).
8.5. Prospective buyers may request a condition report prior to the auction, for which a charge will be made. If JSE forwards condition reports of third parties (e.g. of experts), any liability of JSE for their correctness is excluded.
8.6. The call price is indicated in the descriptions.
8.7. JSE issues advertising material (catalogs, directories, folders, etc.) for certain auctions, in which all or part of the items to be auctioned are included. In case of doubt, only the text in the online catalog of JSE's website is binding, not the text in other media published by JSE. The binding identification of an item is made exclusively by the description text and not by the illustrations.
8.8. Cars are offered without warranty for traffic and operational safety and other non-obvious defects.
 
9. Descriptions and Classifications
9.1. In the event that detailed descriptions of the items to be auctioned are not included in the text of the catalog, the following standardized condition descriptions shall apply, regardless of whether the item is an antique or modern weapon.
9.2. Classification of the state:
1 - brand new/mint condition
2 – near mint/very little used
3 - normal used
4 - heavily used
5 - worn / defective
 
10. Bidding / Bids at the Classic Auction
10.1. JSE is entitled to reject bids without giving reasons.
10.2. Bids may be submitted before the start of the auction in the form described in article 1.3.
10.3. The surcharge will be invoiced additionally in case of surcharge.
10.4. Written bids must be received by JSE at least two hours before the published start of the auction and in a legible form. To be considered, they must also contain the bidder's complete and correct contact details and the highest bid in EURO.
10.5. Written bids will be conscientiously executed. However, the highest bid in the Classic Auction will be exhausted at the express request of the bidder only if other bids make this necessary in the interest of the bidder.
10.6. Telephone bids (only possible in the Classic Auction) will only be accepted from a minimum bid of € 1,500.00. An order must be received in writing by JSE at least two hours before the published start of the auction. Telephone bidders will be called by JSE before the desired lots are called. JSE assumes no liability for the successful establishment of a telephone or other electronic connection.
10.7. Room bidders will receive a bidder number after identification by photo ID before the auction begins.
 
11. Auction
11.1 As a rule, the bidding is increased by approx. 10 % of the call price or the last bid (bidding increment).
11.2 Depending on the value of the item, bids may be submitted in the following bidding increments, with a bidding increment of EUR 20.00 being the minimum.
From € 400,- (€50 steps)
From € 1,000 (€100 steps)
From € 2,000 (€200 steps)
From € 4,000 (€500 steps)
From € 10,000 (€1000 steps)
11.3 Bids below the call price will not be considered. As a rule, the call price is the call price stated in the catalog, unless a higher bid has already been received at the start of the auction. In this case, the auctioneer will call with the amount corresponding to the bid already submitted.
11.4 If there are several highest bids of the same amount before the auction, the bidder of the first bid received by JSE shall be awarded the contract. The contract is concluded by accepting the highest bid in each case (highest bid), thus by knocking down the bid with the words "To the third".
11.5 In the case of Internet-only auctions (online auctions and silent auctions), the highest bidder is deemed to have accepted the bid at the end of the auction. With the acceptance of the bid, JSE declares the acceptance of the offer of the highest bidder and the purchase contract is concluded.
11.6 If the minimum price (limit) agreed with the consignor is not reached, no award will be made.
11.7 The award of the contract may be made subject to the occurrence of conditions.
11.8 The decision on the acceptance of a bid, of and on disagreements, in the event of alleged multiple bids, in the event that a bid was overlooked or not noticed or otherwise remained unnoticed or the auctioneer was in error as to the existence or non-existence of a bid, is exclusively incumbent upon JSE. For these reasons, JSE is entitled to cancel an already awarded bid within three working days and to offer the item again in a later auction.
11.9 JSE is entitled to bid at auctions and to acquire items by self-entry.
11.10 Unsold lots may be called again in the current auction before or immediately after its end at the customer's request and thus purchased. However, there is no legal claim that the lots will actually be called again. The decision on this lies solely with the auctioneer.
11.11 In these cases, however, bidding is only possible in the room or by telephone for registered telephone bidders for IT technical reasons.
11.12 There are no bidding steps in the "silent auction". Bids can only be submitted in writing by bidding slip (see item 1.3.).
11.13 Purchase price/payment/acceptance: 
The purchase price (highest bid plus fees and all applicable taxes and duties) is due for payment immediately after the knockdown. 
11.14 Auctioned items shall be made available for collection within one week, at the latest on the 8th day after the knockdown, for the duration of a further week and shall be taken over by the buyer within this period. If the item is not taken over in due time, the buyer shall be in default of acceptance and shall bear the price risk. Goods accidentally lost during the default of acceptance shall be paid for. JSE is not liable for slight negligence during the period of default in acceptance. In case of default of acceptance by an entrepreneur, JSE is entitled to conduct a self-help sale and to auction the item.
11.15 The delivery and the transfer of ownership with regard to auctioned objects shall in any case only take place after full payment of the purchase price including all interest, fees, costs and expenses. 
11.16 Handover, delivery and shipment of items, in particular weapons, shall be carried out in accordance with the laws currently in force. 
11.17 Due to the regulations of the European Union to prevent and combat money laundering (Directive 2015/849/EU and BGBL I No. 95/2017), there is a legal obligation of legitimation for cash payments of purchase prices from EUR 10,000. In this case, an official photo ID must be presented to JSE. In the case of purchase orders with a cash payment request in this amount, a copy of such identification must be submitted no later than 48 hours prior to the start of the auction.
 
12. Transmission
12.1. The place of performance is the place where the contract is concluded, in this case Vienna. The Buyer shall bear the costs for the additional expenses according to clause 1.8. connected with the handling of the sale in connection  with cross-border purchases in the EU or a third country. 
12.2. According to the Austrian Trade Regulation Act, the mail order trade in weapons and ammunition (to an end customer) is prohibited.
12.3. However, the purchased goods can be sent to a gun dealer or gunsmith named by the buyer for acceptance there. Any costs for this service are to be agreed by the buyer with the named commercial recipient. However, the shipment of ammunition is neither possible within Austria nor abroad.
12.4. According to § 33 para 1 Weapons Act 1996 the notification of C-weapons in the Central Weapons Register (ZWR) within six weeks is the responsibility of the buyer.  With the submission of the bid, the customer instructs JSE to carry out this notification in the event of a knockdown, taking into account the fees per weapon/item of cat. C. This fee rate does not apply to A or B weapons. The registration of Cat A or B weapons will be carried out by JSE (free of charge), regardless of whether it is collected from JSE's premises or sent to an arms dealer for collection there.
 
13. Fulfillment / Withdrawal from the contract / Covering Purchase
13.1. If the Buyer does not fulfill its obligations under the purchase agreement concluded with it and these Terms and Conditions, or does not fulfill them in full within 14 days of receipt of the relevant receipt or the start of the collection period (clause 11.14.), JSE shall be entitled, without prejudice to any other rights it may have, for itself and / or the Consignor to
            a) either continue to insist on the performance of the purchase agreement and require the Buyer to pay, in addition to the purchase price payment, all interest, costs and expenses, including the costs of legal representation to enforce the performance of the purchase agreement, or
            b) to withdraw from the purchase contract. In this case, JSE reserves the right for itself and / or the Consignor to demand compensation from the Purchaser for the entire damage caused by the Purchaser, which, after a covering sale, may result in particular from fees incurred, expenses, outlays and losses of lower purchase prices, including all costs and expenses as well as the costs of legal representation, etc., or
            c) to re-auction the item for the account of the buyer.
13.2. JSE is entitled to set off all payments made by the Buyer against these outstanding claims. In the event of a commission sale, JSE shall be entitled to assign these claims to the Consignor in accordance with the statutory commission provisions. In the event of a covering purchase or re-auction for the Buyer by JSE, the Buyer shall be treated as a Consignor with regard to the fees to be applied in this respect.
 
14. Payment of the proceeds
14.1. Upon receipt of the total purchase price by JSE, a credit note will be issued by JSE, less taxes, consignor and purchaser fees, any costs, advances and interest, which will be sent to the respective consignor by mail or email. The consignor may have the credit amount transferred at its own expense to a bank account to be made known or already known to JSE or have it credited to a customer account, if any, existing or to be created. Cash payment is not possible.
14.2. If several items have been handed over, partial payments for individual items already sold will also be credited in accordance with the previous paragraph, insofar as sufficient cover remains for all claims of JSE, for whatever legal reason.
14.3. If the Buyer raises a complaint, JSE is entitled to temporarily suspend the payment to the consignor until the final settlement of this complaint.
14.4. In the event of a justified complaint by the Buyer, JSE is entitled to definitively refuse payment of the auction proceeds to the consignor in whole or in part, depending on the extent of the justified complaint, or to demand full or partial repayment from the Buyer of auction proceeds already paid out. The decision on the justification of the complaint is made by JSE.
14.5. The credit note shall contain a statement of account. JSE is not obliged to disclose the buyer to the collector. JSE does not assume any liability for the collectability of the purchase price, in the case of commission sales even if it does not disclose the buyer to the bringer with the execution notice. Likewise, the failure to disclose the buyer's data does not constitute a self-assertion on the part of JSE.
 
15. Lien against the buyer 
15.1 JSE asserts a lien on all items handed over to it by the consignor in favor of all current and future claims, including conditional, limited and not yet due claims, to which it is entitled from all legal transactions concluded with the consignor. The lien shall also extend to claims for damages including the costs of legal representation. 
15.2 JSE is entitled to dispose of items subject to a lien without further notice of the auction date or place in accordance with the statutory provisions.
15.3 JSE shall be entitled vis-à-vis the Consignor at any time to demand the provision or appropriate enhancement of collateral for all liabilities, even to the extent that these are conditional, limited in time or not yet due.
 
16. Cancellation policy for consumers
The right of withdrawal only applies to pure online auctions only. In the case of classic auctions or silent auctions conducted in the form of face-to-face auctions (see clause 1.3. and clause 1.5.), in which the bid can be submitted in person (whether by telephone, in writing, via the platform or by e-mail), there is no right of withdrawal.
Right of withdrawal
In online auctions, the buyer has a right of withdrawal within the meaning of §§ 11 ff Distance and Foreign Transactions Act (“FAGG”). Details are regulated by the cancellation policy as follows:
If the buyer is a consumer, he has the right to revoke the contract concluded in an online auction within fourteen calendar days without giving reasons. The revocation period begins from the day on which the goods are made available for collection or the goods are taken possession of by the third party authorized to take over the shipped goods and named by the Buyer (according to clause 12.3.) who is not the carrier). The day of the beginning of the term is not counted. The goods shall be made available within one week, at the latest on the 8th day after the award of the contract, for a period of another week. The last day of the provision (15th day after the award of the contract) shall be considered as the day of delivery to the Buyer.  
Due to the representation of third party consignors, the reversal due to a right of withdrawal also requires that the purchaser has also previously fulfilled his own contractual obligations (prompt payment and collection after conclusion of the contract) in due time. 
 
To exercise his right of withdrawal, the buyer must inform
 
Company Joh. Springer's Erben Handels GmbH
1220 Vienna, Kagranerplatz 9
Phone: +43 (1) 890 90 03
E-mail: auktion@springer-vienna.com
 
by means of a clear statement about his decision to revoke the contract concluded in an online auction.
 
The buyer can use the following sample withdrawal form, which is not mandatory. Sample cancellation form: www.springer-vienna.com/widerrufsformular.
 
JSE asks to note that the non-acceptance of a pack-age or the return without a valid declaration of revoca-tion does not constitute a valid revocation of the contract and does not constitute the preservation of the deadline. 
 
In order to comply with the withdrawal period, it is sufficient that the buyer sends the demonstrable noti-fication of the exercise of the right of withdrawal be-fore the expiry of the withdrawal period. 
 
The consumer can no longer invoke the right of with-drawal if contractual obligations (prompt payments and collection) have not been met no later than 14 days after the auction. In addition, storage and default interest will be charged. 
 
Consequences of the withdrawal
 
If the Buyer cancels the contract concluded in an online auction, JSE shall refund all payments received from the Buyer, including delivery costs (with the exception of additional costs resulting from the fact that the Buyer has chosen a type of delivery other than the cheapest standard delivery offered by JSE), without undue delay and no later than within fourteen calendar days from the day on which JSE received the demonstrable notification of the Buyer's cancella-tion of the contract concluded in this online auction. 
 
For the repayment, JSE uses the same means of pay-ment that the Buyer chose in the original transaction, unless expressly agreed otherwise with the Buyer. If a repayment by the same means is not possible for technical reasons or due to incorrect data, JSE shall contact the Buyer to agree on an alternative repay-ment option. In no case will the Buyer be charged any fees due to this repayment. 
 
JSE may refuse repayment until JSE has received the goods back or the Buyer has provided evidence that he or a third party designated by him and authorized to dispatch the goods (see clause 12.3.) has arranged for the goods to be delivered, whichever is the earlier. The Buyer shall return or hand over the goods to JSE, if possible, without undue delay and in any case no later than within fourteen calendar days from the day on which the Buyer notifies JSE of the revocation of this contract. 
To meet the return deadline, it is sufficient to send the goods in time and with proof. 
 
The buyer bears the cost of return. Depending on the distance, size and nature of the goods, transport costs of an incalculable amount may be incurred. If a loss in value of the goods occurs which is due to handling not necessary for the examination of the condition, properties and functioning of the goods, this shall be borne by the buyer.
 
End of the cancellation policy
 
17. Privacy
17.1 The provisions and information on data protection are set out in a detailed data protection information, which can be viewed at https://www.springer-vienna.com/datenschutz/ dargestellt.
17.2 JSE processes disclosed personal data exclusively for the fulfillment of contractual and legal obligations and for the protection of (predominantly) legitimate interests. This also includes, for example, for the purpose of targeted direct advertising and improving customer relations.
17.3 In order to fulfill its contractual obligations, JSE also uses third parties or processors who are contractually obligated to comply with data protection requirements, to the extent necessary and permissible.
17.4 The buyer can unconditionally object to data processing in connection with direct advertising and behavior/interest assessment at the e-mail address office@springer-vienna.com at any time with effect for the future or revoke consent given for data processing.
 
18. CONSENT (ALSO ELECTRONIC) COMMUNICATION - IMPORTANT INFORMATION FOR CUSTOMERS
18.1 By accepting these GTC, the Buyer expressly consents to the receipt and transmission of the information required for the provision of services, but also advertising for JSE's own products and services, including by electronic means. The consent is voluntary and can be revoked at any time with effect for the future. 
18.2 Deliveries to the address last notified to JSE shall be deemed effective even if the customer is not or is no longer present there. The customer is obliged to notify JSE of any changes in the data provided. 
18.3 In view of the fact that in the case of brokerage or commission sales JSE only brokers the sale of the contractual items and does not become a contractual partner of the Buyer, JSE is permitted, in particular in the case of complaints, to disclose the identity of the seller (introducer, commission agent) to the Buyer.
18.4 If a bidder has placed a bid - in whatever form - he agrees to be informed by JSE about the auction proceedings verbally or in any form in writing. If such notifications are not desired, the person concerned can unsubscribe from this service with JSE at any time.
 
19. Other provisions and Language
19.1 The place of performance is the place of business of the branch office of JSE in which the respective legal transaction was concluded. All legal disputes are exclusively subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
19.2 The exclusive place of jurisdiction for all disputes arising directly or indirectly from an auction transaction shall be the Austrian court having local and subject-matter jurisdiction for 1080 Vienna. For consumers within the meaning of the Consumer Protection Act, this agreement shall only apply if they have neither a domicile nor a habitual residence in Austria and are also not employed in Austria and this is not contradicted by other regulations.
19.3 These GTC may be amended by JSE at any time and without giving reasons. The amended terms and conditions will be announced before they come into force. Buyers may object to the amended terms and conditions within two weeks of notification; if this does not happen, the amended terms and conditions shall be deemed accepted.
19.4 No employee of JSE is authorized to amend, modify or waive any provisions of these Terms and Conditions.
19.5 The contractual, ordering and business language is German. The present GTC in English are only a translation of the German version of the GTC, which takes precedence over the English version in case of differences in the translation.
 
20. Contact details 
Joh. Springer's Erben Handels GmbH 
Josefsgasse 10 
1080 Vienna 
Austria
 
Tel: +43 - 1 - 406 11 04 
E-mail: office@springer-vienna.com
 
 UID No.: ATU 63974355 
Company register No.: FN 304323i
 
21. Status of the GTC: June 2023
 
  
 
 22. Tariff of fees
22.1. The buyer's commission for lots subject to differential taxation in all three auction types is 24% of the highest bid (hammer price) per lot. This 24% includes 20% commission plus 20% VAT.
 
22.2. Import goods from third countries are fully taxable in Austria (marked with "€€"). This means that the buyer's premium for these fully taxable lots in all three auction types is 44% of the highest bid (hammer price) per lot. This 44% includes 24% commission incl. VAT (see 1st paragraph) and 20% VAT of the highest bid. VAT-exempt buyers from third countries and buyers from other EU member states with a valid VAT number (dealers) are excluded from this regulation.
22.3. New goods are fully taxable in Austria (marked with ***). Here, only the respective VAT is added to the highest bid (hammer price) per lot. Exempt from this rule are VAT-exempt buyers from third countries and buyers from other EU member states with a valid VAT number (trader).
22.4 Fee tariffs
All remunerations, prices, costs and fees specified in these General Terms and Conditions, in particular in the Fee Schedule, shall be value-assured. The value retention shall be based on the Consumer Price Index 2020 published monthly by Statistics Austria 

 

Type of fee

Assessment basis

Amount of the fee (EUR excl. VAT)

Storage fee

Four weeks from invoice date per lot and per day

EUR 1,00

Seller fee

From the highest bid per item in case of differential taxation

24% from the highest bid

Withdrawal fee

Amount of the contribution commission for the respective auction type

At least EUR 50,00

Transport / export charges, insurance

 

Individual agreement

 

Fees for reports in the Central Weapons Register (CWR)

 

Initial registration

Per weapon of cat. C

EUR 15,00

EUR 15,00

Fee for a CITES permit:

Flat rate

EUR 280,00

Usage fee of JSE graphical material

Per image and application

EUR 100,00

Fee for written instruction to place bids in online auctions instead of using online platform

Per lot regardless of whether an award is made.

 

EUR 10,00

 

23 Increment levels (bid increments) Auction in Euro (do not apply to the "Silent Auction")

 

Increment EURO

Level EURO

Increment EURO

Level  EURO

+20

                              20

+100

                    1 000

+20

                              40

+100

                    1 100

+20

                              60

+100

                    1 200

+20

                              80

+100

                    1 300

+20

                           100

+100

                    1 400

+20

                           120

+100

                    1 500

+20

                           140

+100

                    1 600

+20

                           160

+100

                    1 700

+20

                           180

+100

                    1 800

+20

                           200

+100

                    1 900

+20

                           220

+200

                    2 000

+20

                           240

+200

                    2 200

+20

                           260

+200

                    2 400

+20

                           280

+200

                    2 600

+20

                           300

+200

                    2 800

+20

                           320

+200

                    3 000

+20

                           340

+200

                    3 200

+20

                           360

+200

                    3 400

+20

                           380

+200

                    3 600

+50

                           400

+200

                    3 800

+50

                           450

+500

                    4 000

+50

                           500

+500

                    4 500

+50

                           550

+500

                    5 000

+50

                           600

+500

                    5 500

+50

                           650

+500

                    6 000

+50

                           700

+500

                    6 500

+50

                           750

+500

                    7 000

+50

                           800

+500

                    7 500

+50

                           850

+500

                    8 000

+50

                           900

+500

                    8 500

+50

                           950

+500

                    9 000

 

 

+500

                    9 500

 

 

             +1 000

                 10 000

 

 

             +1 000

fortlaufend