Miscellany 3 / Toys / Oldtimer

Varia, Antiques, Vintage, Clocks, Curiosities, Tin Toys, Live Steam Spare Parts, BMW Oldtimer Collection

Preview

Weekday Date Time
Thursday 24.06.2021 10:00-16:00 n. Vereinb.
Friday 25.06.2021 10:00-16:00 n. Vereinb.

Schedule

Lankes Auktionshaus


Address:

Triftfeldstr. 1, 95182 Döhlau, Germany

Downloads

Catalog PDF (> 51 MB)

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Bidding Form

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Auction Results

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Terms and conditions

Auction Terms and Conditions

Auctions organized by Lankes - Auktionen im Schloss GmbH (hereinafter referred to as the "Auction House" or "Auctioneer") take place under the following conditions, which are accepted by bidders upon participating either in person, in writing, by telephone, or online. These conditions apply accordingly to direct sales as well.

1. Auction fundamentals

The auction takes place voluntarily in the name of and on behalf of the consignors. Any goods owned by the Auction House will be distinctly marked.

2. Condition of the items up for auction

The items up for auction can be viewed and inspected before the auction at the bidder's own risk. This allows potential bidders to determine the items' condition and value and to obtain other relevant information. The items up for auction are in used condition. The Auction House assumes no liability for obvious or hidden defects as long as it has fulfilled its duty of care. The Auction House makes no guarantee or gives any assurance with regard to the expected or probable sale price of the items up for auction. The catalog descriptions are based on the best of the Auction House's knowledge and belief, but are not a guarantee in the legal sense; typos and errors excepted. The same applies to verbal or written information of any kinds as well as any description of the items given when auctioned. No checks have been conducted with regard to the functionality of the items nor of any changes that are not externally visible. Unless otherwise expressly agreed, odometer readings are not guaranteed.

3. Requirements for participation in the auction

Any participation in the auction is at the bidder's own risk. The auction and sales conditions are made known to every potential bidder and are posted in the auction room during the preview and auction. Registration is required to bid on and buy an item at the auction. In order to register, bidders must provide the Auction House with their name and address. If bidders are acting as representatives of a third party, they must also provide the name and address of the person represented. In case of doubt, bidders are making the purchases in their own name and on their own account. It is up to bidders to protect themselves against the risk of loss, theft, damage, or destruction of the items in question by taking out insurance in a timely manner.

4. Entering the auction site

Anyone entering the auction site for the purpose of viewing or participating in the auction does so at their own risk.

5. The auction process

The Auctioneer can alter the published auction sequence by auctioning off lots earlier or out of sequence, combining or separating lots, or withdrawing lots from the catalog. Bid increments are typically about 10%.

The hammer will fall if, after repeating the highest bid three times, no higher bid is given. If several bidders make identical bids, the bid submitted first will be accepted. Disagreement about the last bid or hammer will be resolved by putting the item up for bid again. This also applies if a higher bid submitted in time has been mistakenly overlooked. The Auctioneer can reject bids for tangible, objective reasons. This applies in particular if, at the Auctioneer's request, bidders have not provided sufficient securities prior to the auction that correspond to the value of the bid. If a bid is rejected, the bid submitted immediately before remains binding.

The Auctioneer can refuse the bid or accept it with reservations. If the bid is accepted conditionally, i.e. if the reserve price has not been reached, the bidder remains bound to the bid for 2 weeks pursuant to Section 158 of the German Civil Code (BGB). In the event of a subsequent bid of the reserve price, the item can be sold to another bidder without consulting or sold in the post-sale. If the bid is not unconditionally accepted within this period, it will expire. For the sale to take effect, it is sufficient to send written notice (invoice) to the address specified by the bidder. Reserved sales expire without consulting the reserve bidder if someone else submits a higher bid.

Written bids are accepted and processed carefully, but without guarantee. These must be received by the Auction House one day before the auction. The bidder is required to provide evidence for access. The bids must be clearly formulated. They are to be maximum bids; the item may sell to the bidder for less. In the case of purchase by written bid, the invoice amount is due immediately upon receipt of the invoice.

The post-sale is part of the auction in which the bidder makes a written bid for a certain amount. The provisions on distance sales contracts pursuant to Sections 312b ff. BGB do not apply.

6. Components of the purchase price

The purchase price is made up of the hammer price as well as a buyer’s premium of 22.5% and the statutory VAT, which is only charged on the buyer’s premium. The purchase price is due upon winning the bid and must be paid on the day the winning bid is accepted. Payment is accepted only in cash, a certified Bundesbank check, or check with irrevocable bank confirmation or creditworthiness declaration from the bidder's bank. Subsequent wire transfers are only possible after a certified check has been left as back-up payment. Credit cards are not accepted. The invoices issued on the day of the auction and in the post-sale are issued subject to a special review and possible correction.

7. Payment, default, acceptance of delivery

In addition to payment, winning the bid obliges the bidder to take immediate possession of the goods. Upon winning the bid, possession and the risk for loss and damage not directly attributable to the Auction House are immediately transferred to the bidder. The bidder does not acquire ownership of the auctioned items until the Auction House has received full payment. The auctioned items must be picked up within 5 days at the buyer's own risk and expense. If the buyer is in default taking possession of the items, the Auction House is entitled to store the item(s) on-site or with a third party at the buyer's risk and expense. The buyer must schedule a time and day to collect the stored items with the Auction House.

In the event the winning bidder is in default of payment, default interest will be charged. For consumers (Section 13 BGB), this is set at 5% above the base rate of the ECB p.a.; for entrepreneurs (Section 14 BGB), this is 8% above the base rate of the ECB p.a. In addition, the Auction House can claim damages from the winning bidder for culpable breach of duty. For this purpose, after a second reminder, the Auction House can levy a late payment penalty of 3% of the total amount due, unless the winning bidder can prove that the Auction House suffered no or significantly lower damage. Instead of the lump sum for damages, the Auction House can demand compensation for the specific damage incurred. This can be calculated in such a way that the item is auctioned again in a further auction with a reserve price determined by the dutiful discretion of the Auction House with the defaulting buyer paying the shortfall in the sale price compared to the previous auction plus the cost for a second auction including commission and expenses of the Auction House. If the item sells for more, the defaulting buyer is not entitled to any additional proceeds. The rights from the previous winning bid expire when the item is resold. Upon default, all claims of the Auction House against the buyer become due immediately. The buyer is liable for all damage resulting from non-payment or late payment, in particular for the costs of storage or a shortfall in proceeds. Any deposit made before the auction will be offset against the damage. Bids made by bidders who do not meet their payment obligations or bids made in their name may also be rejected in future auctions or made dependent on a deposit made prior to the auction.

8. Removal, liability for damage

Items won by bidders are to be removed at their risk and expense. Bidders are liable for any damage to the seller's property that occurs during transport.

9. Liability

a) For entrepreneurs within the meaning of Section 14 paragraph 1 BGB as well as all legal persons, the following applies: the Auction House is only liable for damages caused by its willful intent or gross negligence, regardless of the legal basis for such claims.

b) For consumers pursuant to Section 13 BGB, clause 9a above applies accordingly, with the proviso that the Auction House's liability for injury to life, limb or health is not excluded or limited.

c) A bidder who buys on behalf of a client shares equal liability with the client.

d) In the event of damage to items on display, the person causing the damage is liable.

10. Scope of these terms and conditions

These terms and conditions apply to all items put up for sale, even if they are acquired without prior inspection, after the auction, or in direct sale. These conditions regulate all legal relationships between the bidder/buyer and the Auction House. No bidder/buyer terms and conditions apply. No additional verbal agreements have been concluded. Amendments to these are only valid if made in writing.

§11 Place of jurisdiction, place of fulfillment

All transactions to which these auction terms and conditions apply are subject exclusively to German law. As far as this can be agreed, the place of jurisdiction and fulfillment for both parties is Hof, Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

12. Severability

The invalidity in whole or in part of any of the above provisions does not affect the validity of the remaining ones.

The Auction House

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