The company Ziegler Verwaltungs GmbH & Co. Treuhand KG regularly conducts online auctions under the domain www.ziegler-treuhand.de.
The responsibility for conducting the auctions rests with the company Ziegler Verwaltungs GmbH & Co. Treuhand KG, Enscheder Str. 19, 48599 Gronau (the “Operator”).
Movable property is auctioned online via www.ziegler-treuhand.de.
Clients are insolvency administrators, banks, companies, and private sellers.
The respective client, in cooperation with Ziegler Verwaltungs GmbH & Co. Treuhand KG, is responsible for the contents posted in connection with the property items offered on www.ziegler-treuhand.de and for the transactions after bid acceptance. The legal relationships resulting from the auction of the items arise between the client and the bidder.
§ 2 Registration
The use of the online auction platform as a bidder requires registration. The registration is effected by opening a bidder account and requires consent to the applicable auction conditions and data protection provisions. There is no legal right to register and open a bidder account.
Registration as a bidder is only permitted for natural persons and legal entities with unlimited legal capacity.
The bidder shall be obliged to provide any and all information necessary for their unequivocal identification and for establishing the contact, completely and truthfully. In particular, natural persons shall provide their surname and first name, date of birth, postal address, telephone number and e-mail address, while legal entities shall provide their full company name, business address, authorized representatives, tax number or VAT ID number, telephone number and e-mail address. Should the data provided during registration be subject to changes, the bidder is obliged to update the information immediately. The bidder account is personal and non-transferable.
During registration, the bidder shall provide a freely selectable bidder name under which they will participate in the auctions. The identity of the bidder shall not be deductible from the bidder name. The selected bidder name shall not infringe the rights of third parties, in particular name rights, trademark rights or copyrights, and shall not violate public morals or criminal law.
During registration, the bidder shall choose a personal password. This password shall be kept secret and shall not be disclosed or otherwise made accessible to third parties. Should there be any indication that the password has become known to third parties or is being misused, the bidder is obliged to notify the Operator of www.ziegler-treuhand.de (info@ziegler-treuhand.de) immediately.
After successful Registration on www.ziegler-treuhand.de, the bidder will receive an e-mail with a link via which the registration is to be confirmed. Only after this confirmation, the registration is completed, and a bid may be placed. By doing so, the bidder also accepts these auction conditions.
It is prohibited to manipulate bids and/or offers by using multiple bidder accounts or through cooperation with other users.
The Operator shall be entitled to revoke the registration and to block bidders who violate the auction conditions. This provision may be applied mutatis mutandis to clients.
§ 3 Procedure of the Auction
The start of an auction will be set at a specific time, measured on the basis of the exclusively decisive system time of Ziegler Verwaltungs GmbH & Co. Treuhand KG. All items of the project will be auctioned one after the other. The expected end of the auction will be displayed – may, however, be shifted, as bids within the last minute (or possibly within the last two or five minutes) will extend the auction accordingly. Only if no more bids are received during this period, the bid will be conditionally accepted. Thereafter, no higher bids will be permitted.
The property items posted on www.ziegler-treuhand.de will be offered at a starting bid. Generally, the auctions are subject to statutory value added tax (VAT). Otherwise, this will be expressly stated in the auction or item in question. In these cases, the statutory VAT is already included in the starting bid (gross amount).
The offer (i.e. the posting on www.ziegler-treuhand.de) is an invitation to submit bids for the auction. The minimum bidding steps 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 €
Information in the auction catalogue, in particular technical data, dimensions, makes, years of construction or quantities are non-binding and do not constitute a determination of the quality and/or nature of the object of purchase. In particular, we shall not assume or give any guarantee for a specific property or quality. The bidder shall be given the opportunity to inspect the auctioned item in person at the respective location. The location and inspection times can be found in the description. We shall be entitled to combine, separate, auction out of sequence or withdraw any lots. We may determine the required amounts of the bids for the entire auction or for individual items.
The bid submitted by the bidder shall constitute an offer to accept the bid. The bidder shall be bound by their bid until it expires due to an effective, higher bid.
The highest bid having been submitted at the end of the auction shall be accepted by the Operator only with the consent of the client (conditional bid acceptance). Not later than the next working day after receipt of such consent (in case of acceptance by the client), an invoice will be sent to the highest bidder by e-mail. Only after sending our e-mail, the purchase contract shall be concluded. There shall be no entitlement to receive a bid acceptance, even if the highest bid was submitted. The bid acceptance, which will always be given conditionally, shall only become effective if we confirm the acceptance within ten days of the end of the auction. The bidder shall be bound to their bid until the expiry of this period. The Operator shall transmit the data of the highest bidder to the client.
The bid acceptance may be refused without stating any reason.
After receipt of the invoice, the highest bidder shall within 48 hours transfer the amount of their bid amount plus the 18 % brokerage fee stated in the project and the statutory VAT of currently 19 % (both as stated in the invoice) to the Operator and collect the item at the time and place stated (payment/collection period).
The Operator reserves the right to cancel an auction at any time and not to accept any incoming bids. Possible reasons for cancelling shall be in particular deterioration or loss of the item and any incorrect auction description. The highest bidder at the time of such a premature termination of the auction shall have no right to receive the bid acceptance. Furthermore, we reserve the right to cancel the auction if no bids or only bids below the minimum bid required by the client are submitted.
Should an auction end at a time when access to www.ziegler-treuhand.de is not possible for all bidders due to technical reasons, the auction period may be extended or postponed by the Operator. If an auction ends at a time when access to www.ziegler-treuhand.de is not possible for all bidders due to technical reasons, any bid acceptance notified incorrectly by the system shall be invalid. The highest bidder at that time will be informed accordingly by the Operator by e-mail as soon as possible. The item may be placed in a new auction – however, there is no entitlement to a new auction.
The ownership title of the auctioned item shall pass concurrently against payment and delivery of the item.
§ 4 Purchase Price and Security
The purchase price shall be due upon acceptance of the bid and upon our confirmation in case of a conditional bid acceptance. For all sales, third-party sales and sales of our own goods, the purchase price shall consist of the bid submitted by the buyer plus a premium and the VAT at the applicable rate on the total amount. Within 24 hours after bid acceptance, the buyer will receive an invoice by e-mail which is due for payment immediately and shall be transferred to the Operator within 48 hours (see § 3 VIII).
A VAT-exempt delivery to buyers based in other EU countries shall only be possible if the buyer provides us with a valid VAT identification number in an officially certified form and a fully completed confirmation of arrival. We reserve the right to invoice or subsequently invoice VAT if the required documents are not submitted on time or are not recognized by the tax authorities.
Any export of the items shall take place at the responsibility of the buyer after collection of the items from us. We shall not act as exporter of the items and shall not assume any responsibility or liability for the export or possibility of export in relation to the purchased items. The buyer shall be obliged to recognise and comply with the German and European export control regulations as well as embargo regulations, to obtain the necessary export documents in accordance with the applicable export regulations at their own risk and expense and to submit these documents to us in good time (not later than three weeks after collection). As collateral, buyers from non-EU countries shall provide a security in the amount of the statutory VAT (19 %). The security will be refunded upon presentation of the duly stamped original export documents and successful verification of these documents.
§ 5 Collection of the Purchased Items
As a general rule, the auctioned item shall be collected at the place of inspection and collection. Any shipping at the highest bidder's expense, including outside the country in which the bidder is based, is only possible in exceptional cases after consultation with the respective client. Shipment will only take place after payment of the bid amount and shipping costs. In addition to the shipping costs, the highest bidder shall also bear the transportation risk from the place specified in the auction or the agreed place of collection.
Removal and, if applicable, disassembly of the purchased item shall take place on the dates specified by us. Any deviating agreements on these dates shall require our written confirmation.
If the buyer does not collect the sold items on time, we shall charge a flat-rate storage fee of EUR 100.00 per calendar day and item. The storage fee shall not be charged if the buyer cannot be held responsible for the late collection.
On presentation of appropriate proofs and after offsetting against the liquidated damages, we shall be entitled to assert higher claims, e.g. if we incur rental, insurance, or disassembly costs etc.
We shall have a right of retention to the sold items until payment of the further amounts in accordance with this provision by the buyer.
The removal and disassembly of the purchased item shall be effected at the expense and risk of the buyer. The purchased item shall be collected as specified in the auction description. Delivery to the buyer shall only take place after receipt of the purchase price payment or presentation of a bank-confirmed money transfer document.
The commissioning of machinery and plants is not permitted. The party responsible shall be held liable for any damage caused through the fault of visitors and buyers.
The highest bidder or a person authorized by them shall identify themselves at the time of collection of the item from the seller by means of a valid identification document and the printout of the e-mail notifying the bid acceptance.
§ 6 Material Defects Liability and Transfer of Risk
The risk of accidental destruction, accidental damage or accidental loss of the sold item shall pass to the buyer upon delivery of the sold item. If the buyer is in default of acceptance, this shall be deemed equivalent to delivery.
We generally offer used items for sale. If, in exceptional cases, we sell new goods, this will be expressly stated. Used items sometimes show considerable signs of use and are subject to a higher risk of material defects depending on use and/or age. This will be taken into account by a corresponding price reduction. Items may also be expressly offered as damaged or even defective. In any case, you shall have the opportunity to inspect the items for defects before purchasing. The online auctions are generally carried out by us on behalf of the specified client, wherefore your warranty claims shall be towards the client.
The sale of used items shall take place “as is”, excluding any warranty for material defects. This shall exclude not only warranty claims for material defects that are or would be recognizable by means of a reasonable inspection and examination, but also shall mean a comprehensive warranty exclusion, including warranties for hidden defects.
In case of the sale of new items, the limitation period for statutory claims for material defects shall be one year, beginning with the delivery or collection of the goods. However, this shall not apply to liability for damages resulting from injury to life, body, or health as well as liability for other damages caused by gross negligence.
Furthermore, the above warranty exclusions shall include claims of the buyer for damages in the event of defects, regardless of the legal basis, and are in each case subject to the following provisions: Liability for damages resulting from culpable injury to life, body or health as well as liability for other damages caused by gross negligence shall be excluded. Also excluded shall be any liability for damages arising from the culpable breach of a material contractual obligation (i.e. an obligation whose fulfilment is essential for the proper execution of the contract and on whose fulfilment a contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to the compensation for foreseeable typical damages. Finally, the limitations of liability shall not apply if a defect was fraudulently concealed, if a guarantee for the quality of the goods was assumed and if a claim of the buyer is asserted in accordance with the German Product Liability Act (Produkthaftungsgesetz).
The provisions of the German Civil Code (Bürgerliches Gesetzbuch – BGB) on the sale of consumer goods (§§ 474 ff BGB) shall not apply. If the bidder is an entrepreneur, the sale of used goods shall be subject to the exclusion of any liability for material defects.
The product details given, in particular any visual representations as well as specifications of technical data, dimensions, makes, years of construction or quantities in the publication media shall not – unless otherwise specified in the individual case – constitute a determination of the quality and/or nature of the goods, and in particular no guarantee of quality is assumed. The information regarding the goods generally originates from the (previous) owner or principal. We are not obliged to verify such information.
§ 7 Reservation of Title
We reserve the right to transfer ownership of the sold items only after full payment of all our current and future claims (purchase contract etc.) and establishment of an ongoing business relationship (secured claims).
The items subject to such reservation of title shall not be pledged to third parties or assigned as security without our consent until the secured claims have been paid in full. Furthermore, the items subject to reservation of title shall not be processed or transformed without our consent until the secured claims have been paid in full.
The buyer shall notify us immediately in writing if an application is made to open insolvency proceedings or if third parties seize the items subject to our reservation of title (e.g. in the context an attachment order). Should an item subject to reservation of title be seized by third parties or be subject to other interventions by third parties, the buyer shall be obliged to inform the third party of our ownership rights. The buyer shall compensate us for all damages and costs incurred due to a breach of the duty of notification and in connection with the enforcement of our rights.
The risk of accidental loss and accidental deterioration of the item shall pass to the highest bidder at the commencement of the payment/collection period.
§ 8 Liability
The parties shall be liable in accordance with the general statutory regulations, unless otherwise stipulated in the following provisions. Except in cases of gross negligence or of more serious culpability, our liability shall be limited to the foreseeable damage typical for the contract. We shall only be liable if we culpably breach an obligation, whose fulfilment is of particular importance for achieving the purpose of the contract (cardinal duty), otherwise our liability shall be excluded completely.
The parties are in agreement that in the case auctions, the foreseeable damage shall correspond to the minimum value in accordance with the above provision, unless the parties make any special arrangements.
The above limitations of liability shall not apply in the event of injury to life, body, or health, in the event of claims asserted in accordance with the German Product Liability Act or in the event of fraudulent concealment of defects. In addition, any liability for guarantees assumed or given by us shall remain unaffected.
Insofar as the liability is limited, the limitation shall also apply to the personal liability of our employees, representatives, and vicarious agents.
We do not guarantee the continuous, uninterrupted availability of our website and shall not be liable for any possible imponderables in connection with the medium of the Internet. In particular, we shall not be liable for damages resulting from the fact that bids submitted by bidders are not received or not received in time by us due to technical failures or cannot be considered by us for technical reasons.
The item may be auctioned again if the highest bidder has not paid for and collected the item within the payment/collection period. Such bidder may not bid in the new auction and shall be liable for any reduced proceeds but shall not be entitled to any additional proceeds.
From the due date, the reduced proceeds shall bear interest at a rate of 5 percentage points above the respective base interest rate.
Any claims for damages by the bidder shall be excluded, unless otherwise stipulated below. The above exclusion of liability shall also apply in favour of the legal representatives and vicarious agents of Ziegler Verwaltungs GmbH & Co. Treuhand KG, should the bidder assert claims against them.
We are also entitled to carry out collection orders on behalf of our clients.
§ 9 Limitation of Default Liability and Force Majeure
If any breach of deadlines is due to an event of force majeure, e.g. mobilisation, war, riot, or similar events for which the seller cannot be held responsible, e.g. strike or lockout, the deadlines shall be extended by the periods during which the aforementioned event or its effects continue.
The seller shall be liable for default in performance in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent and in the event of culpably caused injury to life, body, or health in accordance with the statutory provisions. In other cases of delay, the seller's liability for damages in addition to performance shall be limited to a total of 10 % of the value of the delivery and for damages in lieu of performance (including compensation for futile expenses) to a total of 10 % of the value of the delivery. Further claims of the buyer shall be excluded – even after the expiry of any deadline set to the seller for performance. The limitation shall not apply in the event of a culpable breach of material contractual duties. However, claims for damages for culpable breach of material contractual duties shall be limited to the foreseeable damage typical for the contract, unless another case according to sentence 1 of this paragraph (2) has occurred at the same time. The above provisions shall not require or imply any change in the burden of proof to the detriment of the buyer.
§ 10 Liability Limitation for Impossibility
Insofar as a collection is impossible, the client shall be liable in cases of intent or gross negligence on the part of the client or a representative or vicarious agent as well as in the event of culpably caused injury to life, body, or health in accordance with the statutory provisions.
In other cases of impossibility, the buyer's claims for damages in addition to and/or in lieu of performance, including compensation for futile expenses, shall be limited to a total of 10 % of the value of the delivery. Any further claims of the buyer due to impossibility of delivery shall be excluded – even after expiry of any deadline set to the seller for performance. This limitation shall not apply in the event of culpable breach of material contractual duties. However, the claims for damages for the culpable breach of material contractual duties is limited to the foreseeable damage typical for the contract, unless another case according to sentence 1 has occurred at the same time. The above provisions shall not require or imply any change in the burden of proof to the detriment of the buyer.
§ 11 Data Protection
The data protection provisions published on www.ziegler-treuhand.de shall apply. On request, the data protection provisions can be provided in hard copy.
§ 12 System Integrity
The contents of www.ziegler-treuhand.de shall not be copied, distributed, or used or reproduced in any other way without prior consent.
When using www.ziegler-treuhand.de, it is prohibited to use mechanisms, software or other routines which could impair or destroy its functionality in any way.
§ 13 Amendment of the Auction Conditions
The Operator may amend the General Auction Conditions at any time without giving any reasons. The amended conditions will be published and announced on www.ziegler-treuhand.de at least 14 days before they come into force. The Operator shall provide a separate notification of amendment of the General Auction Conditions on the homepage of www.ziegler-treuhand.de or by e-mail.
Bidders may object to the amended conditions before they come into force by deactivating their bidder account.
During the first login after the amended conditions have come into force, they must be accepted. Any refusal to accept the amended conditions shall be deemed an objection and will result in the deactivation of the bidder's account.
§ 14 Final Provisions and Choice of Law Clause
Should any individual provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions and of any contracts concluded on the basis of these General Terms and Conditions.
Any general terms and conditions of the bidder shall not apply, even if Ziegler Verwaltungs GmbH & Co. Treuhand KG does not expressly object to their application in any individual case.
The exclusive place of jurisdiction is our place of business. However, we shall also be entitled to take legal action against the buyer at their place of business.
The legal relationship between client and bidder is subject to German law, to the exclusion of the conflict of law rules of international private law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Ziegler Verwaltungs GmbH & Co. Treuhand KG is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
