AGB (General Terms of business conditions)
Scope: Deliveries, services and offers of Auction house H.D. Rauch GmbH are conducted according to AGB; we do not recognize any purchasing conditions that deviate from General Terms of Conditions. These Terms of Condition are the skeleton agreements to all our business transactions.
Conclusion of contract: Your order(s) for the auctions, written or oral, constitutes a legally binding offer to us to conclude a purchasing contract.
Prices: The hammer prices are in Euros and basic for our commission, the VAT and shipping costs. The costs for shipping and insurance depend on the tariffs of post and insurance. Purchasers from abroad will have to observe all applicable laws and regulations in respect of foreign exchange, custom duties and taxation of their country.
Payment: Payment in Euros is due 10 days after having received the goods. We are entitled to ask for payment in advance. For cash payment of more than € 10.000,- the client has to identify himself with a valid personal document i.e. passport. We accept payments with credit cards such as VISA, MASTER and AMEX and with paypal but the service fees of 4 % will be invoiced. If open accounts are not paid in time we ask for interest of 1 % per month. If advance payments are not settled in time and after two reminders the auction house will consign the auction material to one of the following auctions and will ask compensation for the loss occurred. Encashment charges have to be paid by the client.
Right of Withdrawl: Absent bidders may withdraw a bid(s) a day before the floor auction starts at the latest. But the cancellation must be done in writing and confirmed by the Auctions House. Prebids for e-auction cannot be withdrawn because the prebidding is public therefore a reliable information for other clients to make their prebids.
Consigners: Before the catalogue goes into print the consigner may withdraw his consignment or part of it for good reasons but has to come up for expenses. Is the catalogue already in print and shipped the annulment fee is 15% of the starting price(s).
The Auctioneer can withdraw any lot because of deviation from description, authenticity or on request of appropriate authorities.
Delivery: The goods will be shipped within 14 days after the auction to clients with open accounts. To first time bidders, clients overseas or clients who are or were in delay with payment, goods will be sent upon receipt of payment. The transport risk is covered by sufficient insurance policies if shipping is done according to post and insurance regulations. In case of force majeure (strike) the delivery period shall be extended by the duration of the hindrance. In case of loss or damage we reimburse the sum paid by the client for the appropriate item. In case of loss of an item during the auction or shipment period the Auction House has the right to cancel this purchase but must inform immediately the buyer about it. If we have received already the payment for this lot The Auction house has to reimburse the sum without delay.
Authenticity and Claims: All items are guaranteed genuine except the item is described as a restrike or struck at a later period (Abschlag). The lot has to be returned in the same condition as at the time of the auction. If it was encapsulated („slabbed“) by a grading service and the encapsulation has been removed the coin may not be returned even for reason of authenticity.
Should it turn out that a coin or medal is not genuine the return privilege is unlimited. We reimburse the hammer price plus commission and costs for shipping. Client has no right to ask for the compensation of the coin.
Ownership. In contract with the buyer we retain the title to goods until the purchase price is fully paid. As long as the purchase price is not paid the client is obliged to handle the merchandise with great care and is not allowed to have the coins and medals cleaned or give the goods to a third party.
Assignment of claim: (Reservation of title). In contract with companies we retain the title to goods until all the claims from an ongoing business relationship have been settled. This means that the company has the right to sell the goods to a third party in the course of normal business but the company assigns to us all receivables, or H.D. Rauch GmbH is entitled to collect them as long as the company has not fulfilled its payment obligations. In case of insolvency and the appointment of a receiver, the company or entrepreneur has the duty to inform the receiver that the goods or receivables are still the properties of the Auction House and the entrepreneur or the receiver has to inform us immediately.
Data protection All personal data will be kept strictly confidential and will not be made available to third parties.
Applicable Law and Venue: The applicable Law is the Austrian law and the place of fulfilment is Vienna. The official language used in court is German and the German text of AGB and of the Terms and Conditions of the Auction is authoritative.
Auction House H.D. Rauch GmbH