General Terms and Conditions for Online Only Auctions

The purchase implies the unconditional acceptance of the following terms and conditions of sale:

  1. General
    1. An Online Only Auction is a pure sales auction and is neither a publicly accessible auction according to § 312 g para. 2 no. 10 BGB, nor a classic auction according to § 34 b Gewerbeordnung, § 156 BGB.
    2. The sale is voluntary. The Online Only Auction is conducted by us, Cinevision-Solutions GmbH (hereinafter referred to as the seller) in our own name and for the account of the customer.
      Buyers have no right to be informed of the names of the buyers.
      The auction is conducted in euros. As a rule, bidding is carried out in euros by 5% - 10% of the previous bid.

 

  1. Bidding and auction
    1. Bids are submitted exclusively via the Cinevision Solutions website. A submitted bid is binding for the customer. The confirmation of receipt of the submitted bid does not constitute a binding acceptance of the bid.
    2. Bids can be placed within a specified period of time. Customers can place a maximum bid. This amount is automatically exhausted only up to the amount required to outbid all competing bids. At the end of the auction, the lots close automatically every minute. The closing times are subject to change. A competing bid submitted in the last 3 minutes before the closing time automatically extends the bidding period of a lot by 3 minutes. This extension will continue indefinitely until no new competing bid is received for a period of 3 minutes or the period in question has already been extended 40 times.
    3. The seller assumes no liability for technical problems, such as company firewalls, Internet connection or software malfunctions, as these are beyond the seller's control and therefore cannot be completely ruled out. This applies in particular to damages which, due to such disruptions, prevent bids from being placed or allow them to be placed too late. If no bids can be placed temporarily due to a malfunction, the seller reserves the right to extend the auction period by the duration of the malfunction.

 

  1. No preview, catalog details, liability of the auctioneer
    1. The lots cannot be inspected and tested before purchase; they are new or used and of a certain age; some may therefore no longer comply with today's legal safety standards. Their actual condition, which is not expressly described in the catalog, is an agreed quality (§ 434 para. 1 sentence 1 BGB). Illustrations in the catalog do not have to reproduce the items true to color. All catalog details, which are given to the best of our knowledge and belief, are for information purposes only. They are not contractually agreed characteristics and do not contain any guarantees in the legal sense. Only the catalog information on authorship, signature, material and provenance are agreed characteristics; a special guarantee, from which further rights of the buyer arise, is expressly not assumed by the seller with regard to the corresponding characteristics. The agreement on authorship, signature, material and provenance also does not establish any stricter liability than that provided for by law, cf. sections 276 (1), 443, 477 BGB. No liability is assumed for the functionality and safety of electrical devices. It is not possible to request condition reports. If the buyer proves to the seller before the expiry of the one-year limitation period that catalog information on authorship, signature, material and provenance is incorrect, the buyer shall be reimbursed the entire purchase price upon request, step by step, against return of the object of purchase; alternatively, the purchase price shall be reduced at the buyer's discretion. The Seller shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by the Seller or a legal representative or vicarious agent of the Seller. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above limitations of liability shall not apply in the event of injury to life, limb or health for a defect following the assumption of a guarantee, for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

 

  1. Payment
    1. The purchase obliges acceptance and payment. With the purchase, the risk of any loss, damage, mix-ups, etc. is transferred to the buyer. The buyer shall be obliged to collect the lot within ten working days, otherwise the buyer shall be in default of acceptance. In this case, the seller shall store the lot with a forwarding agent at the buyer's expense. Otherwise, the seller shall not be obliged to hand over the lot to the buyer or the forwarding agent commissioned by the buyer until all amounts owed by the buyer have been paid in full. Notification of collection must be given to the seller at least five working days before collection.
    2. All prices quoted in the Online Only Auction and the bids submitted in this context are subject to a buyer's premium.
    3. The purchase price is made up of the hammer price, the respective premium and the VAT levied on the hammer price and the premium at the respective statutory rate (standard taxation) or the hammer price and the respective premium including VAT, which cannot be shown (differential taxation). Lots that are not specially marked are generally subject to differential taxation; lots that are specially marked are subject to standard taxation.
    4. Export deliveries are exempt from VAT, but within other EU countries only for companies with a VAT identification number. As soon as proof of export has been provided, the foreign customer will be refunded the VAT. The buyer must apply for any official permits relating to the export.
    5. The purchase price, i.e. the final price (hammer price + premium + or incl. VAT if applicable is due upon acceptance of the bid. The buyer must pay the final price in euros. Cash, bank transfer, EC card or credit card (Amex, Diners, MasterCard or VISA up to a final price of EURO 5,000 plus a fee of 3.0%) are accepted. Payments are due within 10 days of invoicing.
    6. If the buyer defaults on acceptance of the purchase or payment of the purchase price, the seller may choose to demand either fulfillment of the purchase contract or compensation for non-fulfillment. The buyer shall be in default ten days after invoicing. If the seller demands fulfillment, he is entitled to damages for default in addition to the purchase price. This also includes any currency loss, loss of interest and the costs of legal action. If the seller demands compensation for non-fulfilment, he is entitled to auction or sell the property again if the opportunity arises. The buyer's rights from the previous purchase shall expire with the acceptance of the bid or the second purchase. The buyer shall be liable for any loss, shall not be entitled to any additional proceeds and shall not be admitted to a re-auction.

 

  1. Collection
    1. Purchased objects will only be released after payment has been made. If payment is not received on time, the buyer shall be liable for all resulting damages. A deferment of payment will not be granted. In the event of late payment, the usual bank interest for an overdraft facility at the seller's bank shall be charged. The buyer reserves the right to provide evidence of lower damages.
    2. The seller shall store all objects after the expiry of ten working days after invoicing. Thereafter, he shall be entitled to have sold, uncollected lots stored by a forwarding agent in the name and for the account of the buyer and at the buyer's risk. The buyer may choose to collect the auctioned items himself, have them collected by a person authorized in writing or commission a forwarding agent himself.

 

  1. Anti-Money Laundering Act (AMLA) and final provisions
    1. According to the German Money Laundering Act (GwG), the seller is obliged to identify the bidder/buyer or the person interested in a purchase and, if applicable, a representative acting on their behalf and the "beneficial owner" within the meaning of Section 3 GwG for the purpose of executing the order and to record and retain the data collected and information obtained. The bidder/buyer is obliged to cooperate in this respect, in particular to present the necessary identification documents (identity card). The seller is entitled to make a copy/scan/image file of the aforementioned documents in compliance with data protection regulations. In the case of legal entities or partnerships, an excerpt from the commercial or cooperative register or a comparable official register or directory must be requested. The bidder/purchaser or party interested in the purchase assures that the identification documents and information provided by him for this purpose are correct and that he, or the party he represents, is the "beneficial owner" in accordance with § 3 GwG.
    2. The data provided by the purchaser will be stored in the customer file of Cinevision-Solutions GmbH for the execution/processing of the orders placed, for any queries and for customer care and will be treated in accordance with the statutory provisions (in particular the Federal Data Protection Act). The buyer can object to the use of his personal data for marketing purposes at any time as well as to the data processing of his data for the future after completion of the purchase by sending an informal notification by post to Cinevision-Solutions GmbH, Mathias-Brüggen-Straße 8, 50827 Cologne or by sending an e-mail to info@cinevision-solutions.com.
    3. Every visitor to the business premises is liable for any damage for which he or she is responsible, particularly during visits.
    4. German law shall apply exclusively.
    5. The place of performance and place of jurisdiction, insofar as they can be agreed, shall be Cologne.
    6. Should one or more provisions of these terms and conditions for the 'Online Only Auction' be or become invalid, this shall not affect the validity of the remaining provisions.
    7. If the terms and conditions for the 'Online Only Auction' are available in several languages, the German version shall always prevail.

 

  1. Right to withdraw

If you’re a consumer and based in the European Union (EU), European Economic Area (EEA) or United Kingdom (UK), you may benefit from certain consumer rights when you buy objects from professional sellers. This usually also includes buying from professional sellers based outside of the EU/EEA or UK. These rights for online purchases are sometimes referred to as ‘distance selling laws’. 

Please note these consumer protection rights have certain conditions, and exclusions apply. Please also be aware that these consumer rights don’t apply if you buy object(s) from Private Sellers. 

This EU & UK consumer rights policy will herein be referred to as the “Policy”. This Policy may be amended and updated from time to time.

This Policy is not a comprehensive list of all consumer rights that may apply to you as a consumer on our online marketplace. It aims to inform you about some important rights granted to you under EU and UK consumer rights laws, such as for example the EU Directive on Consumer Rights. We have simplified the rules to make them easier to understand.

      • When am I a Consumer? For the purposes of this Policy, you’re a Consumer if: 

        • You are a natural person (i.e. an individual); and

        • You’re buying objects for purposes outside of your trade, business, craft, or profession; and

        • You’re a citizen of the EU/EEA or the UK.

Any reference to consumer(s) in this Policy shall mean a Consumer unless indicated otherwise.

The purpose of our withdrawal policy is to explain the right of withdrawal for our EU/EEA and UK consumers. We are providing this information on behalf of all professional sellers who use our online marketplace to sell their special objects to consumers in the EU/EEA and the UK. 

Requesting withdrawal from your purchase

In accordance with EU and UK consumer laws, as a consumer buying from a professional seller, you have the right to withdraw from your purchase, without providing any reason, within 14 days of receiving the object. These 14 days are called the ‘cooling-off period’. 

You must let us know if you want to withdraw from your purchase within this 14-day period. And although you don’t need to give a reason, we recommend and appreciate it if you do. This gives our sellers and us a chance to try and solve any issue or prevent the same issue from happening in the future.

The right of withdrawal gives you the right to withdraw from most purchases, but some exclusions apply (see below).

Confirmation of withdrawal request

Once you’ve informed us that you want to withdraw your purchase, we’ll assess your request. If we approve your request, we’ll send you the seller’s return address as soon as possible. If withdrawal from the purchase is not possible, we’ll always explain why.