Section 1 - On-line auctions on www.ziegler-treuhand.de
The firm of Ziegler Verwaltungs GmbH & Co. Treuhand KG regularly conducts on-line auctions under the domain of www.ziegler-treuhand.de.
The execution of the auctions is the responsibility of
Ziegler Verwaltungs GmbH & Co. Treuhand KG, Enscheder Str. 19, 48599 Gronau / Germany (operator).
Movable items are auctioned on-line via www.ziegler-treuhand.de.
The clients are insolvency administrators, banks, companies and private vendors.
In collaboration with Ziegler Verwaltungs GmbH & Co. Treuhand KG, the respective client is responsible both for the content-related presentation of the items on www.ziegler-treuhand.de and for settlement and execution matters after the award of the contract. Legal relationships arising from the auction of the goods are established between the vendor and the bidder.
Section 2 - Registration
The use of the on-line auction platform as a bidder requires prior registration. Registration is performed by opening a bidder account. Registration requires approval of the auction conditions and data protection regulations applicable. There is no entitlement to registration or the opening of a bidder account.
Registration as a bidder is only permitted to natural persons and legal entities with unlimited legal capacity.
The bidders undertake to provide the data requested during registration completely and truthfully. If any changes occur to the data provided during registration, the bidder is obligated to update the information immediately. The bidder account is of a personal nature and non-transferable.
The bidder shall choose a personal password when registering. This password must be kept secret and may not be disclosed or otherwise made accessible to third parties. If there are indications that the password has become known to third parties or that it is being misused, the bidder is obliged to inform the operator of www.ziegler-treuhand.de (info@ziegler-treuhand.de) of this immediately.
After registration on www.ziegler-treuhand.de, the bidder will receive an email containing a link via which the registration has to be confirmed. Only after confirmation is the registration completed so that a bid can be submitted.
Bidders are prohibited from manipulating offers by using several bidder accounts or in cooperation with other users.
The operator is entitled to block any bidders who violate the auction conditions and to revoke their registration. This provision may also be applied mutatis mutandis to all vendors.
Section 3 - Auction procedure
The start of an auction shall be set at a certain point in time, this being measured on the basis of the solely-applicable system time of Ziegler Verwaltungs GmbH & Co. Treuhand KG. All items in the project will be auctioned off one after the other. The expected end of the auction will be displayed. The latter can be postponed because bids made within the last minute (or in some circumstances the last 2 or 5 minutes) prolong the auction accordingly. Only if no more bids are made during this period will the contract be awarded. After that, higher bids will no longer be accepted.
The items posted on www.ziegler-treuhand.de are offered at starting prices. As a rule, the auctions are subject to statutory value added tax. If other terms apply, attention will be explicitly drawn to this in the relevant auction or case. In these cases, the statutory value added tax is already included in the starting bid (gross amount).
The offer for sale (= settings on www.ziegler-treuhand.de) is an invitation to submit bids in respect of the auction. The minimum increments are shown in the table below.
Bidding table
Bid
Minimum increment
from 1,00 € to 100,00 €
1,00 €
from 100,01 € to 500,00 €
10,00 €
from 500,01 € to 1000,00 €
50,00 €
from 1.000,01 € to 10.000,00 €
100,00 €
from 10.000,01 € to 100.000,00 €
500,00 €
from 100.000,01 €
1.000,00 €
If a higher bid (limit) deviating from the next minimum increment required is communicated to the operator, the electronic bidding agent will be activated automatically. Within the bounds of the minimum increments specified and up to the limit entered, the bidding agent automatically offers the amount that is necessary for the party to become or remain the highest bidder. The limit stored in the bidder’s agent is not visible to third parties. When the bidding agent is used, the minimum increments (up to the same bid level) may be exceeded in the presentation of the bid history. The highest bidder always remains or becomes the bidder with the highest bid; in the event of equality of bids, the bidder who first activated the bidding agent in each case remains the highest bidder.
The bid submitted by the bidder is a tender for the award of the contract. The bidder shall be bound by his/her bid until the latter expires as a result of an effective, higher bid.
The maximum bid made at the end of the auction will be awarded the contract by the operator (award of contract). An invoice will be sent to the highest bidder by email no later than the next work-day after the auction has ended. The data relating to the highest bidder will be conveyed to the client by the operator.
Upon receipt of the invoice, the highest bidder has, within 48 hours, to pay the amount of the bid plus the 18% commission laid down in the project plus the statutory value added tax, currently amounting to 19% (both figures being stated on the invoices), and to collect the item at the specified time and place (payment/collection deadlines).
The operator reserves the right to cancel an auction before the end of the auction period and not to accept any incoming bids. Reasons for termination are, in particular, a deterioration or loss of the item, or a faulty auction description.
If an auction ends at a time when access to www.ziegler-treuhand.de is not possible for all bidders for technical reasons, the auction period may be extended or postponed by the operator. If an auction ends at a point in time at which access to www.ziegler-treuhand.de is not possible for all bidders for technical reasons, a contract award incorrectly communicated by the system will in this case be invalid. The highest bidder at this point in time will be informed by the operator of the above arrangement as soon as possible by email. The item concerned can be submitted to a new auction, but there is no entitlement for a new auction to be carried out.
Ownership of the auctioned item shall be transferred step by step in return for payment and handover of the item concerned.
Section 4 - Exclusion of warranty and liability
The item on offer will be clearly identified by a project number and an item number and will be auctioned off on the basis of a description of its condition, this being established by the text and least one photo. It can be viewed on the specified inspection dates and/or by appointment with the operator at the inspection location specified.
Pursuant to Section 156 BGB/German Civil Code (conclusion of a contract if an auction is involved), there is no statutory right of revocation or return of articles.
Section 5 - Transfer of the risk; collection of the items
In all cases, the item purchased by auction is to be picked up at the inspection and collection location. Shipping at the expense of the highest bidder, even outside the country where the bidder is based, is only possible in exceptional cases after consultation with the respective client. Shipping will only take place when the purchase amount plus shipping costs has been paid. In addition to the shipping costs, the highest bidder shall also bear the transportation risk from the place of collection specified during the auction or the agreed place of collection.
The risk of accidental loss and accidental deterioration of the item shall pass to the highest bidder at the beginning of the payment period (Section 3 subsections 6. and 7.).
The highest bidder or a person authorized by the latter shall identify himself/herself when picking up the goods from the vendor by means of a valid identification document and the printout of the email communicating the award of the contract (Section 3 subsection 5.).
Section 6 - Liability of the highest bidder in the event of non-payment/non-collection
The item will be auctioned again if the highest bidder has not paid for and collected the item within the payment / collection period (Section 3 subsections 6. and 7.). He or she may not take part in the bidding in the re-auction process and shall be liable for any reduction in the proceeds, while not being entitled to any additional proceeds.
The reduced proceeds shall, as from the due date, be subject to interest payments at an interest rate of 5 percentage points above the base interest rate applicable at the time.
We are also entitled to carry out collection orders on behalf of our clients.
Section 7 - Data protection
The data protection provisions published on www.ziegler-treuhand.de shall apply. Upon request, the data protection provisions can also be made available in paper form.
Section 8 - System integrity
The contents of www.ziegler-treuhand.de may not be copied, distributed or used or reproduced in any other form, save with prior consent.
When using www.ziegler-treuhand.de, the user shall be prohibited from using mechanisms, software or other routines that may impair or destroy the functionality of the site in any way.
Section 9 - Amendment of the Auction Conditions
The operator may change the General Auction Conditions at any time and without stating reasons for this. The amended conditions will be published and announced on www.ziegler-treuhand.de at least 14 days prior to their entry into force. The operator shall indicate any changes to the General Auction Conditions separately on the homepage of www.ziegler-treuhand.de or by email.
Bidders may object to the amended conditions prior to their entry into force by deactivating their bidder accounts.
When signing in to their accounts for the first time after the entry into force of amended conditions, bidders must accept the latter. A refusal to assent to said conditions will be considered to be an objection and will lead to the deactivation of the bidder account.
Section 10 - Choice of law clause
The legal relationship between the vendor and the bidder shall be governed by German law.
Section 11 - Jurisdiction agreement
The exclusive place of jurisdiction is the Regional Court of Münster.
