The following terms and conditions apply to all legal transactions between the WAG online oHG and the customers in the course of participation in the WAG online oHG internet auctions. We hereby expressly object to all changes concerning these terms and conditions. If non-recognition is excluded, legal regulations shall take the place of deviating conditions. Alternative terms and conditions of purchase will only be recognized in confirmation of our letter.
§2 Conclusion of Contract
The auctions involve public auctions staged by WAG online oHG. The auctioneer is Udo Gans. The auction is conducted on the basis of payment of the purchase price in Euro currency and is staged on behalf of and on the account of the proprietors, in compliance with prevailing legal provisions arising from the German Auction Act (Federal Law Gazette (BGB1) Vol. 1, 1976, 1346) and legal provisions on the German Civil Code (BGB) and Commercial Code (HGB) applicable to commercial agents. Participation of the auction is limited to clients who have pre-registered with WAG-online. By submitting a bid, you agree to our terms and conditions.
Each bid by the costumer as part of the WAG online auction constitutes a legally-binding offer to conclude a contract of purchase. This is in force until a higher bid is submitted or the auction is concluded with the item left unsold. A contract is concluded only when the auctioneer accepts the winning bid.
An auction sale occurs when the highest bid has been called out three times and obliges the bidder to take over and fully pay for the merchandise. Both registration for our online auctions and issue of a bid constitute acceptance of our General Terms and Conditions.
For specific reasons, the auctioneer reserves the right to exclude customers from auctions.
§3 Catalogue and Preview
The description of items in the catalogue is diligently prepared. However, it does not meet the threshold of legal liability or liability for material defects pursuant to §§434, 459 pp. of the German Civil Code (BGB). The stated condition of preservation is strictly determined by the categories of preservation customary in German coin trading and is considered a personal evaluation. A viewing on the day of the auction won’t be possible. The results can be seen on our webpage once the auction has ended. All participants and bidders of our auctions affirm they are using the catalogue and the included items – especially those made during 1933-1945 - only for civic education, the defence against unconstitutional intentions, science and art, research, teaching, enlightenment or coverage about the events of those days of the history or similar purposes (§86 a, Abs. 3, STGB). The auctioneer and consignee are only offering those items for sale in compliance with the above mentioned requirements. By submitting a bid, the bidder obliges to only acquire all pieces of that time, especially those depicting symbols of National Socialism, for the above mentioned purposes and in no way to use them for propaganda as defined by §86 a STGB.
§4 Bid Increments
The minimum bid increments for the bidding procedure are:
Up to Euro Bid Increment in Euro
über 5000 250
When several identical bids are received, the bid received first is the winning bid. The accompanying printed prices are the opening bids. Orders or bids below the starting bid will not be accepted. From unknown customers can be requested sufficent references.
§5 Shipping fees
Flat rate shipping (insurance included) amounts to EUR 7 for domestic and EUR 12 for foreign customers. In case of large and/or heavy lots or books, the actual costs are charged. For shipping value over 5.000,- EUR the actual postage will be charged as well. Should the total amount exceed EUR 1000, shipping overseas will be done via registered and insured parcel, and a flat rate of EUR 30 per shipment will be charged. Foreign customers have to purchase according to legal provisions of foreign currency exchange, customs, and taxes of their countries. Dispatching formalities will be executed by the auctioneer who can choose any qualified forwarding agency. Costs will be imposed on the buyer.
§6 Invoice and Payment
The hammer price is the basis for the calculation of the buyer’s surcharge.
For bidders who place their bids as written orders the following premiums apply:
Written orders that are handed over to us will be carried out conscientiously, however without liability. For buyers from EEC countries the following applies: for customers there is a standard surcharge of 23% (relevant VAT already included). For traders according to the Value Added Tax Act the surcharge is 23 % (relevant VAT already included) for goods delivered with margin scheme. Export deliveries to EEC countries shall be free of VAT on existence of the respective legal requirements. For buyers from third party countries (non EEC country) the following applies: there is a standard surcharge of 20%. For gold coins, which are not subjected to the legal VAT, the surcharge is 15% of the hammer price.
For bidders who place their bids directly on our internet platform the following premiums apply:
For buyers from EEC countries the following applies: for customers there is a standard surcharge of 17,5% (relevant VAT already included). For traders according to the Value Added Tax Act the surcharge is 17.5 % (relevant VAT already included) for goods delivered with margin scheme. Export deliveries to EEC countries shall be free of VAT on existence of the respective legal requirements. For buyers from third party countries (non EEC country) the following applies: there is a standard surcharge of 15%. For gold coins, which are not subjected to the legal VAT, the surcharge is 15% of the hammer price.
As far as buyers export goods in person or by third persons to third party countries (non EEC country), the relevant VAT will be charged but refunded by presentation of the legal export certificate. In case WAG online oHG exports the books the relevant VAT will not be charged. Foreign taxes and custom duties will be imposed on the buyer.
Upon knock down and receipt of the invoice, payment is to be made to one of our bank accounts within 14 days. Until full payment is made, the property in the goods stays with the seller. Payment has to be made by bank transfer. If other methods of payment are chosen, the buyer must make sure the full invoice amount is paid out. Personal cheques from foreign customers are not accepted. In case of delayed payment, a 1.5% interest rate is charged monthly. Items purchased can be obtained the day after the auction, at the earliest. The delivery of the property will be denied if a present auction buyer refuses to pay the auctioneer immediately or who refuses to purchase the bought item(s). The buyer loses all rights resulting from the award. The item concerned can be offered again at his costs. In this case he is liable for the loss of receipts but has no right to claim additional receipts. By refusing awarded coins, the buyer forfeits his right on participating in future auctions.
§7 Terms of Delivery
Delivery of the goods is only made upon payment in advance. After your bid has been accepted, we will send you an invoice to be paid within 14 days. Upon receipt of payment WAG online oHG will ship the merchandise to you within 10 days. If the conditions agreed upon not vary, the transport risk is covered by sufficient insurance policies provided by the auctioneer.
§8 Liability of Defects
Because the preview provides an opportunity to be assured of the auction merchandise’s condition of preservation, once merchandise has been sold at the auction, claims can only be considered in cases where traces of hooks and mountings or a plugged hole were overlooked in error. In lots with several pieces, the number of pieces stated only represent approximations, and erroneous attributions cannot be ruled out in individual cases. After the sale has been made, these lots are excluded from any claim. By mix-ups of pictures, the description has priority. Evaluations from foreign grading companies are in all cases insignificant and no reason for rejection. We do not guarantee for coins and medals kept in so-called „slabs“, plastic holders of grading-companies, as a closer examination by our company is not possible. Any disputes can only be considered within 8 days of receiving the auctioned items. Same applies for damages in transit. Authenticity of items sold is guaranteed unless stated otherwise in the description. Liability for breach of warranty is limited to the hammer-price plus buyer’s premium. In case of possible differences of opinion or complaints, the auctioneer may appoint an expert of his choice (the costs shall be borne by the party losing the dispute). The place of fulfillment for all claims of this contractural relationship including back settlement and return of goods is our registered office.
§9 Data Privacy
All personal data will be used for book keeping and issuing an invoice only. They won’t be available to third parties. Because it is a cooperative auction, all three companies (WAG, WAG Online and Münzenhandlung Udo Gans) have access to the datas. The entire data protection policy can be viewed at www.wago-auktionen.de Privacy. It will be sent upon request.
§10 Liability Disclaimer
In all cases where the proprietors of WAG Online oHG and their consignors are obliged on the basis of contractual or legal grounds to pay for damages or reimbursements, these parties are only liable to the extent that they have been proven to have acted wilfully and with gross negligence or to have caused injury to life, limb or health. The liability for the breach of contract is limited to the predictable, typical for the contract damage. The auctioneer cannot be held responsible in any way for consequences arising from technical difficulties, especially for such resulting from connection problems to the internet and their impact on the auction or possible disadvantages resulting from these. All translations offered have been done to the best of our knowledge, however, only the German version is legally binding. Please send emails and letters in German or English only.
§11 Applicable Law, Venue
This agreement shall be governed by and construed in accordance with the laws of Germany. The UN Convention (CISG) on the International Sale of Goods shall not apply. Against traders and purchasers from abroad the exclusive jurisdiction shall be the Court of Arnsberg in relation to any dispute or claim arising out of or in connection with the purchase. The invalidity or inefficiency of any provision shall not affect the validity of all other provisions. In lieu of the invalid or inefficient provision or for the purpose of closing the gap, reasonable provision shall apply.
Jochen Pater, Philip Kapaan, Dirk Löbbers