General Conditions Online Auction Troostwijkauctions.com

Auctioneer: Troostwijk Auctions Germany -Auktionshaus Wilhelm DECHOW GmbH

GENERAL CONDITIONS OF AUCTION

AuktionshausWilhelm Dechow GmbH (hereinafter: "Troostwijk Germany" or "Auctioneer") sells used goods via the Internet presence https://www.troostwijkauctions.com(hereinafter: "Platform") within the framework of voluntary public Internet auctions in the name and for the account of the consignor(hereinafter: "Seller"). The following terms and conditions govern the legal relationships between the Seller and Troostwijk Germany on the one hand and between the Seller and the Buyers or the persons who place bids for the objects to be auctioned (hereinafter: "Bidders" or "Buyers") within the framework of auctions via the Internet (hereinafter: "Auction or Auctions") on the other hand.

1.Scope and binding force of the General Terms & Conditions

These General Terms and Conditions for Auctions (hereinafter: "GTC") apply to all sales initiated or made by Troostwijk Germany within the scope of auctions via the platform https://www.troostwijkauctions.com. Participation in the auctions is exclusively permitted to natural or legal persons or partnerships with legal capacity who actin the exercise of their commercial or self-employed professional activity (entrepreneurs pursuant to § 14 BGB).

In addition to the GTC, the General Conditions for Users of the Website apply (https://www.troostwijkauctions.com/de/terms/). The General Terms and Conditions for Users of the Website apply to the relationship between the User on the one hand and Troostwijk on the other hand, exclusively for the use of the Website.

The Buyers or Bidders acknowledge the sole binding force of these GTC; deviating, conflicting or supplementary General Terms and Conditions of the Bidder shall not become part of the contractual relationship of the Buyer with the Seller and Troostwijk Germany.

The Special Auction Terms and Conditions included in addition to these GTC apply exclusively to the respective auction. In the event of deviations or contradictions, the Special Auction Terms and Conditions shall take precedence over these GTC.

The user can find Troostwijk Germany's privacy policy at https://www.dechow.de/de/datenschutzerklaerung.html.

2. Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

"Selling Costs" means the auction costs to be borne by the Buyer as a percentage of the Net Bid;

"Auction" describes the sale of movable property by way of auction organised by Troostwijk Germany via the Auction Platform;

"AuctionPlatform" is the website https://www.troostwijkauctions.comand its sub-domains;

"Bidding Agent" means the bidding function tobe activated by the User, in which the User indicates the maximum price he is willing to pay for the lot or lot combination. If the bidding agent is activated, the auction system automatically places a bid for the user that is higher by the next bidding step after an overbid by another bidder, as long as the maximum amount specified by the user is not exceeded as a result;

"Bidder"is the user who places a bid;

"Buyer" means the Bidder whose Bid is successful for a Lot or combination of Lots;

"Purchase Item"means the lot(s) or lot combination(s) awarded to the Buyer;

"Contract of sale" means the contract for the transfer and assignment of the object of sale from the seller to the buyer, which is concluded by the award of the contract to the highest bidder;

"Lot" describes an item or a plurality of items that are auctioned together under one number;

"Lot combination"is a plurality of lots that can be bid on together;

"User" means a natural person of legal age who has registered himself or a company represented by him on the Auction Platform in order to place bids or to obtain information about the items offered for sale by Troostwijk on behalf of the Seller;

"Special Auction Terms" means the terms and conditions that apply alongside, in addition to or in derogation of these General Auction Terms to participation in a particular Auction, as specified on the website of the relevant Auction;

"Seller" or "Vendor" means the natural or legal person who has instructed Troostwijk to arrange the sale of one or more Lots in its name and for its account. At the same time, it is the party that intends to transfer ownership of the object of purchase to the highest bidder and, if applicable, also executes it or has it executed;

The "Parties" are the Seller and the Buyer as defined herein;

"Working day" refers to any day except Sundays and public holidays in the Federal Republic of Germany;

"Award" means the legal declaration by Troostwijk by email that the Recipient's Bid on a Lot or combination of Lots has achieved the highest Bid.

3. Bidding platform, bidding requirements

3.1 The dates of the auctions shall be publicly announced on the platform and, for insolvency auctions, in other generally accessible publications. Each auction has a bidding time specified in the respective bidding screen. Troostwijk Germany reserves the right to shorten or extend this bidding period.

3.2 Bids can only be submitted by registered bidders via the bidding mask set up on the platform and only online within the framework of the procedure specified on the website https://www.troostwijkauctions.com. Bids submitted by other means will not be considered, even if they are received by the seller or Troostwijk Germany during the bidding period. Bids submitted by any other means will not be considered, even if they are received by the Seller or TroostwijkGermany during the bidding period.

3.3 The Buyer is not permitted to place bids on the same lot using another user access or by involving third parties. Furthermore, the Bidder/Buyer is expressly prohibited from reselling the lots offered on the auction platform to third parties prior to collection/takeover pursuant to section 7 of these GTC.

4. Information on lots

4.1 The presentation of the objects of purchase (also referred to as "lot" or "lots") on the Internet serves only to give prospective buyers the opportunity to classify the lot objectively, temporally and spatially. For this purpose, the textual description in German shall apply, even if the auctioneer provides the bidder with a translation for service reasons. Notwithstanding the foregoing, any pictorial representations as well as the textual descriptions, in particular information on technical data, dimensions, manufacturer, years of manufacture or quantities, shall be non-binding and shall constitute neither an express nor an implied determination of the condition of the object of purchase. The seller shall not assume any warranty for the existence of properties that result from or can be derived from the representation on the Internet. Due to the non-binding nature of the presentation of the lots on the Internet, it is strongly advised against bidding on lots without prior inspection/testing of the object of purchase.

4.2 The Seller and the Buyer agree that the use assumed under the contract is in accordance with the ordinary use. In all other respects, the exclusion of warranty agreed in clause 10 shall apply.

5. Conclusion of contract

5.1 The auction shall be conducted as a conventional upward auction. It shall start with a minimum bid for each lot. The respective increase of the current bid must be made at least in the specified increments depending on the minimum bid. For the submission of bids, bidders may optionally use a bidding agent which -after activation by the bidder -automatically increases the bid of the bidder step by step within the specified framework until the bidder is again the highest bidder.

5.2 By placing a bid, the bidder makes a binding and irrevocable offer to purchase the item displayed on the Internet. The bid of a bidder expires by a subsequent, higher bid (overbid) of another bidder (§ 156 sentence 2, 1st alt. BGB).

5.3 Bids must be submitted within the bidding time specified in the respective auction. The system clock of the platform alone shall be decisive for determining the closing time which ends the respective bidding period. If a bid is placed on a lot within the last 2 minutes before the end of the regular closing time for this lot, the bidding time for this lot shall be extended by 2 minutes. This provision shall apply accordingly if an overbid is submitted within the extended bidding time. This shall continue until no overbid is received 2 minutes before the expiry of the bidding time, which may be extended several times.

5.4 After the auction has ended, the auctioneer accepts the bid of the highest bidder by means of an e-mail confirmation which corresponds to the knockdown within the meaning of § 156 sentence 1 BGB. This concludes the contract between the seller and the highest bidder. However, Troostwijk Germany is entitled pursuant to § 156 sentence 2, 2nd alt. BGB, Troostwijk Germany is entitled to close the auction without issuing a declaration of intent corresponding to the acceptance of the bid.

5.5 Troostwijk Germany reserves the right to sell all or individual lots of an auction subject to a reservation made known to the bidder prior to the submission of the bid. Troostwijk Germany further reserves the right to withdraw lots after the auction has started and to reject bids without giving reasons; this right exists only until a declaration of intent corresponding to the acceptance of the bid has been issued in accordance with clause 5.4 sentence 1 of these conditions.

5.6 If the highest bid is lower than the minimum price determined by the auctioneer at his own discretion or if the auctioneer has awarded the lot subject to reservation for other reasons, a purchase contract shall only be concluded if the auctioneer declares to sell the lot also for the amount of the highest bid or to drop the reservation. The dispatch of a payment order or invoice relating to the lot to the highest bidder shall be deemed to be a declaration that the reservation has been dropped. If the auctioneer has not declared the withdrawal of the reservation within 48 working day hours (including Saturdays) after the end of the auction, the lot shall be deemed not to have been knocked down.

In insolvency auctions, the following provision shall apply by way of derogation: If the auctioneer has not declared a lapse of the reservation within 10 working days (including Saturdays) after the end of the auction, the bid shall be deemed not to have been accepted. Please refer to the specific terms and conditions of an auction for further information.

5.7 Due to the special form of marketing, the bidder agrees that he will generally only be informed of the identity and address of the seller after the conclusion of the contract.

6. Payment of purchase price and additional services

6.1 In addition to the purchase price payable to the Seller, the Buyer shall owe the sales costs to be paid as specifically stated at the time of bidding as well as the statutory value-added tax payable thereon. Troostwijk Germany shall invoice the Buyer for the purchase price of the lots and additional costs on behalf and for the account of the Seller.

6.1.1 For buyers from the Federal Republic of Germany, the statutory value-added tax applicable to the respective lot shall be charged on the purchase price for the object of purchase, unless the sale is subject to differential taxation pursuant to § 25a of the German Value-Added Tax Act (Umsatzsteuergesetz) or the value-added tax on the lot sold cannot be shown.

6.1.2 Buyers from EU states other than the Federal Republic of Germany must provide Troostwijk Germany with written proof of the valid international VAT identification number issued to them before submitting their bids. Once the complete documents have been submitted and the bid has been accepted, the buyer will receive an invoice for a tax-free intra-community delivery. In addition to the amounts stated in clause 6.1, the Buyer shall pay a security in the amount of the VAT rate applicable in the Federal Republic of Germany on the net purchase price. If the Buyer approves the legal requirements for a tax-free intra-community delivery completely and without contradiction within 1 week after collection of the object of purchase, Troostwijk Germany will refund the security to the Buyer after the expiry of a reasonable examination period. If, after the expiry of the aforementioned period, Troostwijk Germany does not have proof of the legal requirements for a tax-free intra-Community delivery or does not have complete proof or the information is not free of contradictions, Troostwijk Germany is entitled to cancel the present invoice, to issue an invoice with VAT shown and to arrange for the security provided to be paid as VAT to the competent tax office in the Federal Republic of Germany.

6.1.3 Buyers from non-EU states (third countries) must pay a security on the purchase price for the object of purchase in the amount of the VAT rate applicable in the Federal Republic of Germany to Troostwijk Germany. This security will be refunded to the Buyer as soon as it has been proven beyond doubt that the purchased lot has left the EU countries. For this purpose, the original of the completed export declaration stamped by the EU border customs office must be submitted to Troostwijk Germany.

6.2 The purchase price plus selling costs shall be due immediately without deduction at the time of the knockdown, in the case of a knockdown subject to reservation immediately after the reservation has ceased to exist. The buyer is obliged to pay the purchase price within 2working days (including Saturdays) after sending the payment request (Payment Order) or invoice exclusively in accordance with one of the specified electronic payment methods. Payments in cash are not accepted.

6.3 The parties to the purchase agreement agree that the invoices for auctioned lots will only be sent to the invoice recipient in electronic form, insofar as Troostwijk Germany has been provided with the necessary data. The invoice recipient agrees that he will not receive any paper invoices unless otherwise agreed. The receiving the invoice is aware that it must guarantee the authenticity of the origin, the integrity of the content of the invoice and its legibility in accordance with Section 14(1) of the VAT Act.

6.4 Offsetting against the purchase price claim or retention of the purchase price due to counterclaims is excluded unless the counterclaims are not disputed or have been legally established.

7. Collection

7.1 After full payment of the purchase price in accordance with clause 6.1, Troostwijk Germany authorises the buyer to collect the lot. The seller and Troostwijk Germany are entitled to refuse to authorise the collection of the lot, the handover of the lot and -in the case of vehicle auctions -the handover of the registration certificate II until the buyer has fulfilled all due obligations towards the seller and Troostwijk Germany, even if the obligations have arisen from other sales and/or other legal relationships between the buyer and Troostwijk Germany or the seller.

7.2 The auctioned lot is to be collected by the buyer at the collection location notified by Troostwijk Germany at the collection times specified in the Special Auction Terms and Conditions of the respective auction. The timely collection of the auctioned lot constitutes a primary contractual obligation of the buyer. The person collecting the lot must prove his identity in writing by presenting a valid identity card or passport and, if applicable, his power of representation for the Buyer.

7.3 Unless otherwise stated in the Special Auction Terms or expressly agreed otherwise in writing, the lot shall be handed over to the buyer by taking possession at the pick-up location; in business transactions with Buyers from non-EU countries, delivery "ex works" (EXW in accordance with Incoterms®2020) from the pick-up location is agreed.

7.4 Dismantling, loading, dispatch, transport and, if applicable, export of the objects of purchase are carried out at the expense and risk of the buyer. All activities going beyond the provision of the object of purchase for collection, in particular its loading and transport, are carried out exclusively in the interest of the Buyer within the scope of its obligations, even if they are carried out by Troostwijk Germany or by third parties. Any fault in the performance of these activities is therefore attributable to the Buyeras if it were its own fault (Section 278 of the German Civil Code). Neither Troostwijk Germany, nor the employees working for Troostwijk Germany, nor third parties commissioned by Troostwijk Germany are therefore shippers within the meaning of the Road Traffic Regulations (StVO).

7.5 Entering the premises where the items for sale are located for the purpose of viewing or collection is at your own risk.

8. Withdrawal rights of the seller

8.1 If the buyer does not pay the full purchase price including ancillary services in accordance with section 6.1 within 4 working days (including Saturdays) after sending the payment order or invoice relating to the lot, the seller is entitled to withdraw from the purchase contract and to sell the lot elsewhere after the unsuccessful expiry of a grace period granted to the buyer. In the event of withdrawal due to late payment, the first buyer shall be liable to the seller for any shortfall in proceeds and shall be obliged to reimburse any additional costs (transport costs, storage costs, etc.) incurred as a result of the consequences of the late payment. This does not apply if the first buyer is not responsible for the late payment.

8.2 The timely collection of the auctioned lot constitutes a primary contractual obligation of the buyer. In the event of failure to collect the lot in due time in accordance with section 7.2, the seller shall be entitled to withdraw from the purchase contract after the unsuccessful expiry of a grace period granted to the buyer. In this case, the first buyer shall be liable for damages to the seller. Clause 8.1 the last sentence shall apply accordingly.

8.3 In addition, following withdrawal due to default in payment or failure to collect the object of purchase on time, the Buyer shall be obliged to pay the Seller a lump-sum compensation for expenses in the amount of 25% of the purchase price (excluding value added tax, sales costs and value-added tax thereon), unless the Buyer proves that the Seller has suffered no damage at all or significantly less damage than the lump sum.

8.4 The buyer's obligation to pay the sales costs incurred by the conduct of the auction shall remain in force even in the event of the exercise of the right of withdrawal due to default in payment or failure to collect the object of purchase in due time.

8.5 If a lot is not available despite having been knocked down, the seller is entitled to release himself from his obligation to hand over the lot by withdrawing from the purchase contract. In this case, the seller or Troostwijk Germany will immediately inform the buyer of the unavailability of the lot and immediately reimburse the buyer for any payments made for the lot.

9. Transfer of risk

The risk of accidental loss and accidental deterioration of the object of purchase shall pass to the buyer upon acceptance of the bid or, in the case of a bid accepted subject to reservation, upon removal of the reservation.

10. Liability of the seller

10.1 All objects of purchase are sold in the condition in which they stand and lie, to the exclusion of any rights in respect of defects and any liability for material defects.

10.2The exclusion of liability agreed above shall not apply insofar as the Seller is liable for personal injury resulting from death, physical injury or damage to health which is based on at least a negligent breach of duty by the Seller or an intentional or negligent breach of duty by its legal representative or vicarious agent. Likewise, the exclusion of liability shall not apply to other damages based on at least a grossly negligent breach of duty by the seller, his legal representative or vicarious agent.

10.3 Furthermore, the exclusion of liability agreed in clause 10.1 above shall not apply if a defect was fraudulently concealed by the seller or a guarantee was given for the quality of the object of purchase.

11. Obligations of the buyer to give notice of defects

11.1 If the purchase is a commercial transaction for both parties to the contract within the meaning of the Commercial Code, the buyer must inspect the object of purchase immediately after delivery by the seller or Troostwijk Germany and, if a deviation from the quality owed becomes apparent, notify the seller or Troostwijk Germany of this immediately. If the Buyer fails to notify the Seller or Troostwijk Germany within a standard period of three working days after delivery in the case of readily recognisable deviations from the quality owed or within a standard period of three working days after becoming aware of the defect in the case of hidden deviations from the quality owed, the object of purchase shall be deemed to have been approved unless the Seller or Troostwijk Germany has fraudulently concealed a defect. The date of receipt of the notification by the seller or Troostwijk Germany is decisive for compliance with the time limit for giving notice of defects.

12. Right to subsequent performance

If the notices of defect are also justified with regard to the provisions set out in section 10. and 11. above, the Seller shall have the right to subsequent performance. The seller shall have the right to choose between subsequent improvement and subsequent delivery. In the event of subsequent performance, the Seller shall not be obliged to bear the increased costs arising from the transfer of the object of purchase to a place other than the place of performance pursuant to section 7.2, insofar as the transfer does not correspond to the intended use of the object of purchase.

13. Liability of Troostwijk Germany

13.1 Any liability of Troostwijk Germany arising from the brokered purchase agreement is excluded.

13.2 The above exclusion of liability does not apply insofar as Troostwijk Germany is liable for personal injury resulting from injury to life, body or health which is based on at least a negligent breach of duty by Troostwijk Germany or intentional or negligent breach of duty by its legal representative or vicarious agent. Nor does the exclusion of liability apply to other damages that are based on at least a grossly negligent breach of duty by Troostwijk Germany, its legal representative or vicarious agent.

14. Limitation

14.1 Warranty claims of the Buyer against the Seller shall become statute-barred three months after the passing of risk in the case of damages and in the case of claims due to defects in quality. This shall not apply to claims for injury to life, limb or health which are based on at least a negligent breach of duty by the Seller, its legal representative or vicarious agent. Also excluded from the shortening of the limitation period pursuant to sentence 1 are claims for other damages which are based on at least a grossly negligent breach of duty by the seller or his vicarious agents. In such cases, the statutory period shall apply.

14.2 Any claims for damages against Troostwijk Germany expire three months after the conclusion of the brokered purchase agreement. This does not apply to claims for injury to life, body or health that are based on at least a negligent breach of duty by Troostwijk Germany, its legal representative or vicarious agent. Also excluded from the reduction of the limitation period pursuant to sentence 1 are claims for other damages that are based on at least a grossly negligent breach of duty by Troostwijk Germany or its vicarious agents. In such cases, the statutory period applies.

15. Retention of title

Ownership of the auctioned items shall not pass to the buyer until all due claims arising from the business relationship with the seller have been paid in full.

16. Power of attorney to declare and receive, collection authorisation

16.1 Troostwijk Germany is fully authorised by the seller with regard to the purchase agreements initiated and concluded on the basis of these GTCs. Troostwijk Germany is in particular authorised to make and receive all declarations to be made in connection with these sales agreements. This power of attorney applies until the Buyer has been notified in writing to the contrary.

16.2 TheBuyeracknowledges and agrees that Troostwijk Germany is entitled to collect and enforce in its own name and for the account of the Seller all claims of the Seller arising from or in connection with the purchase agreements initiated or concluded on the basis of these GTC.

17. Applicable law, place of jurisdiction

17.1 The parties agree that the entire contractual relationship shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

17.2 If the Buyer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the place of jurisdiction for all obligations arising from or in connection with the purchase contract shall be Hamburg, or in the event of jurisdiction by a local court, the Amtsgericht Hamburg-Mitte.