General Terms and Conditions

The following conditions are acknowledged by personal, written, telephone, or electronic participation in the wine auction, the post-auction sale, and the private sale:

Koppe und Partner Weinauktionen GmbH (hereinafter referred to as the “Auctioneer”) conducts the auction voluntarily in the name and on behalf of the consignor. The applicable VAT (currently 19%) applies only to the commission, the lot fee, and any other incurred costs, but not to the hammer price.

All regulations relating to the (auction) catalog apply equally to catalogs made available through electronic media, in particular on the auctioneer’s websites.

Items offered at auction may be inspected and examined prior to the auction during the respective preview period, both at the auction house and, by appointment, at the warehouse. All items are used. Any information provided—especially regarding age, origin, authenticity, attribution, or condition—is given without guarantee or liability. The prices indicated in the catalog are non-binding guide prices. The items are auctioned without any guarantee or liability for visible or hidden defects or attributions, in the condition they are in at the time of the hammer price.

Condition descriptions are generally not included in the auction catalog. Should a condition description be provided for specific items, this is done voluntarily and without assumption of liability. The absence of details concerning repairs, additions, restorations, or other damage or defects does not imply that an object is free from such features. Upon request, a detailed condition report will gladly be provided to the interested party. However, this does not relieve the interested party of the obligation to satisfy themselves regarding the condition of the item. The auctioneer assumes no liability for catalog descriptions or oral statements. Such statements, particularly detailed condition descriptions, do not constitute guarantees of characteristics within the meaning of §§ 459 ff. BGB (German Civil Code).

The auctioneer’s liability (e.g. for pre-contractual fault, breach of contract, or tort) is limited to intent and gross negligence. This also applies to the liability of the auctioneer’s agents or assistants. The limitation of liability does not apply to claims for damages arising from guaranteed characteristics.

For auctions conducted in the name and on behalf of the consignor, any warranty claims must be made directly against the consignor. The complaint period for obvious defects is one week after delivery of the item. The auction objects are marked in the catalog with a number identifying the consignor. However, the auctioneer reserves the right to assume warranty responsibility on behalf of the consignor.

The auctioneer reserves the right to combine, separate, or withdraw lots.

The hammer is awarded to the highest bid; however, for good reason, the auctioneer may reserve the right to withhold the hammer or reject a bid. This also applies to bidders who are in arrears with payment or acceptance. The consignor is entitled to bid on their own items.

A bidder remains bound by their bid if a subsequent higher bid is invalid or rejected by the auctioneer. If several persons submit the same bid and no higher bid follows, the earliest bid takes precedence.

The auctioneer may award a lot subject to the approval of the consignor; in this case, the bidder remains bound by their offer for one month from the day of the hammer. If such approval is not granted within this period or is refused earlier, the sale is void. In the event of a voided hammer, the auctioneer may resell the lot. A conditional sale also expires if another bidder meets the minimum asking price stated in the catalog. It is the responsibility of the conditional bidder to inquire about approval of their bid. Dispatch of written notification to the address provided by the bidder constitutes sufficient notice of acceptance.

Written or electronic purchase orders are executed free of charge but without liability for loss, unless caused by intent or gross negligence on the part of the auctioneer or their agents. Written bids must be received by the auctioneer at least one day before the auction and must specify the lot number and the bid amount, which is understood as the hammer price excluding buyer’s premium and VAT. Ambiguities or inaccuracies are at the bidder’s risk. If the description of the item does not match the catalog number, the catalog number prevails.

The bidder is liable for damages caused by transmission errors, misunderstandings, or mistakes in telephone, fax, or electronic communication, unless such damages are caused by intent or gross negligence on the part of the auctioneer or their agents.

In case of discrepancies between text and image, the text shall prevail. The number of bottles stated in the text is binding if it differs from the number shown in the image. If an object is mistakenly described and auctioned twice, the first catalog number takes precedence. Bidders on the second listing have no legal claim.

The hammer price is due immediately upon the fall of the hammer and payable to the auctioneer. It consists of the hammer price (purchase price), a buyer’s premium of 10%, and VAT on both these components. This does not include additional costs such as transport, packaging, special insurance, or catalog costs (if unpaid in advance). Payment must be made immediately upon receipt of invoice, and no later than 14 days after the auction. Late payments are subject to interest charges.

In the case of bank transfers, payment is deemed fulfilled only when the full amount has been irrevocably credited to the auctioneer’s account. The goods remain the property of Koppe und Partner Weinauktionen GmbH until full payment is received.

Upon the fall of the hammer, the risk of loss or damage not attributable to the auctioneer, including accidental loss or deterioration, passes to the buyer; ownership, however, transfers only upon full payment of the purchase price.

The auctioneer may, in the name of and on behalf of the consignor, collect and enforce purchase monies, arrears, and ancillary claims in their own name. The auctioneer may also assert the consignor’s contractual and statutory rights in their own name.

If the buyer fails to make payment on time or refuses acceptance, the auctioneer may withhold delivery of the item. The auctioneer is then entitled to reauction the item at the buyer’s expense, and the buyer will be excluded from further bidding. In such case, the buyer, whose rights expire upon the resale, remains liable for any deficiency and for auction costs, without prejudice to further claims. The buyer is not entitled to any surplus proceeds.

If purchased items are not collected, the auctioneer may, at their discretion, store them either personally or through a shipping company at the buyer’s name, cost, and risk. The auctioneer may charge a storage fee corresponding to the locally customary storage rate for comparable goods plus handling costs.

Ownership of auctioned items transfers to the buyer only after full payment of the hammer price. The buyer is not entitled to dispose of the retained goods. Auctioned items will be delivered only after full payment of the purchase price.

In the event of delayed payment, interest at a rate of 10% per annum will be charged. The right to claim higher damages is not excluded; likewise, the buyer may prove lesser damages. Payment extensions are not granted.

The auctioneer assumes no liability for loss or damage to items unless caused by intent or gross negligence on their part or that of their agents.

The prohibition of self-contracting (§ 181 BGB) and the requirement of a notice of refusal under § 326 BGB are waived.

Place of performance and jurisdiction is Bremen, if the buyer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in Germany. This also applies to actions based on bills of exchange. However, the auctioneer is also entitled to bring action at the buyer’s general place of jurisdiction.