A n t i k m a Auktionen - Rainer Rzepka, Friedhofstr. 3, D - 67722 Winnweiler-Hochstein
The deliverer and the firm Antikma - Rainer Rzepka, in the following text marked as "Antikma", agree the following:
1) delivery: The enclosed listed objects are given to Antikma by the deliverer for auction at the auction-platforms Ebay international or Ebay Germany for highest bids in the name and for the bill of the deliverer. The deliverer declares, that the objects are used and they are his property.
2) responsibility of the deliverer: The deliverer is responsible for all statements. Antikma must not proof this statements. If these statements are declared in the delivery-certificate, they have the meaning of legal sure qualities. The deliverer is also responsible for the realization of commercial rights. He also insures that no third person has any rights on this objects. If the deliverer does not fulfill his duties he has to make compensation for every expense and damage to Antikma.
If the delivered objects are imported from foreign counties, the deliverer ensures, that the import is made by the valid legal regulations and that customs duty has been paid.
3) responsibility of the auction-company: For damages of auction-objects by water, fire, robbery after delivery, Antikma or his insurance is responsible for the high of the limit-price. Every further responsibility of the auction-company and her collaborators, is exclude.
4) order-time: The auction-order begins with the day of delivery and ends four weeks after the auction.
5) limit-agreement: If no written agreements are made, every object will be limited with 50% of the market-value. The deliverer charges Antikma to fix this limit. Antikma has to inform the deliverer about the height of the limit. If the deliverer does not agree the limit-price, he must inform Antikma within 8 days in writing and take the objects back.
6) sell after and before auction: Not auctioned objects will be offered within the valid order-time (see pos. 4 in this auction-order), by after-auction selling for the between Antikma and the deliverer fixed after-selling-price, if nothing else is agreed. This after-selling-price is regular higher than the limit-price. We also offer the possibility to mark individual articles with an immediately-buy-option. On this occasion, an immediately-purchase-price voted by the deliverer and Antikma is declared additionally in the catalog. To this price plus sales-premium, this articles can be sold directly until the time the article is placed at Ebay.
7) commission agreement: In case of knocking down in auction or selling pre or selling after auction, Antikma has claims for a commission of 15 % from the net-knocking-down- or net-after-selling-price. To calculate this net-knocking-down-price you have to reduce 21 % (seller-commission) from the knocking-down price or the after-selling-price. Antikma keeps this commission at the settlement of accounts. The minimum-commission for one auction-position is Euro 15,--. If the delivered objects will be offered at Ebay international, Antikma could offer the objects with auction-currency US$. The net-knocking-down prices will be calculate at the exchange-rate to Euro for the last auction-day. If the payment was done by paymentway "paypal", the paypal-fees will reduce the payment for the deliverer. The settlement of accounts for auctioned or at after-auction-selling sold goods, will be done 30 days after auction, if the goods are paid complete. The settlement of account has to be done in writing.
If there are concrete signs, that the purchaser of auctioned objects will make a complaint or a title by law. Antikma can keep back the credit, until the payment is clear.
8) The costs for the return of not sold goods incl. insurance and packing the deliverer will pay.
9) retirement of auction-order: If the deliverer retires the order completely or partly before ending of the auction-order, he dept Antikma 20% commission from this commission, from the agreed limit-price. The deliverer dept Antikma, the costs the auction-company had until this point of time. The return of the delivered objects is dependent on the equalization of this claims.
10) auction-conditions: The auction-conditions fixed by Antikma and Ebay are valid for the purchaser. Antikma is authorized to reserve, for a given offer the knocking down. Responsibility for the receipt payment of the knocking down-price and commission is valid, if the goods-transfer to the buyer is done. Antikma will be authorized by the deliverer, to sue for his claims. Antikma has also the right to get a commission incl. vat from the buyer.
11) other conditions: In this auction-order is fixed every agreement between the deliverer and Antikma. Other oral agreements are not. Valid changes and supplements to this auction agreement have to be in writing.
12) place of fulfils and court of justice for business-people is Kaiserslautern.