Only for company shares and rights of all kinds.
We auction on behalf of the entitled parties in the name and for the account of third parties on the basis of contractual or statutory pledges of rights.
Auctioneer:
F. Eberhard Ostermayer - general, publicly appointed and sworn auctioneer
Everything you need to know in the video: Our friendly avatar Julia explains in the video how an auction at Deutsche Pfandverwertung works > Overview of auction dates.
New goods: approx. 5,100 pairs of women’s shoes and sandals from the Onygo brand.
> Inventory lists as 2 Excel tables available for download (zip) — left column under the photos, red button “Download”.
Errors and omissions excepted. No guarantee is given for the completeness and correctness of the information, photographic material or inventory list of the auctioned goods provided to us by the client.
Please note that all items may be withdrawn at short notice, even on the day of the auction, due to legal requirements or may be called at different conditions. The conditions for calling during the current auction apply. There is no entitlement to be called. Items can also be called in their entirety. Due to possible technical problems, the timeliness of the information cannot be guaranteed.
In the case of rights: You can view all records and documents provided by the creditor in the data room after signing a non-disclosure agreement (NDA). Please use the NDA form on the left-hand side of this page.
Items or rights acquired at a public auction are always acquired in good faith in accordance with Section 935 (2) BGB.
It is offered under exclusion of warranty in accordance with § 445 BGB. There is no right of withdrawal from the purchase contract. The German Distance Selling Act (FernAbsG) does not apply to public auctions. We advise you to inspect the items before participating in the auction.
In the case of items/objects: Viewing is only permitted for persons with full legal capacity and only in person. Viewing at your own risk, only with an original signed declaration of release from liability (form will be sent to you by PDF with your request and must be presented at the viewing appointment).
If you would like an appointment to view the auctioned items (goods), please complete this form:
Only persons with full legal capacity or companies or their legal representatives who have full legal capacity and have sent us an extract from the commercial register or proof of power of attorney are eligible to participate in the auction.
A necessary prerequisite and condition is the timely (up to 24 hours before the auction date) registration - in the case of online live on our own auction platform (> link) - in advance and confirmation by us or the timely submission of a written bid form (for written or telephone bids > column on the left) in advance with your desired price in order to be admitted to the auction. To prevent you from being outbid, you can also bid live online (> 4.).
A security deposit of 1 euro from your personal bank account by bank transfer to us is required to establish your identity in accordance with the Money Laundering Act (GwG) (to arrive in our account 24 hours before the auction date). You will receive the account details after acceptance of your written bid form. You will receive this 1 euro back immediately after the end of the auction. If we know your identity, you no longer need to transfer the amount. NewRegistering for online live bidding, who also send a written bid form (as a security bid in case of absence, for example), only have to transfer 1 EUR once.
1st bids: There is no minimum price for the realization of liens.
In principle, we accept all bids. However, in order for you to have a realistic chance of success with pre-bids, your bid should be fair and in line with the market. The VHS price quoted by us serves as a guide.
You can either submit a written bid in advance (> 2.) or an online pre-bid or bid by telephone (on request) or online-live at the start of the auction. Online pre-bids and live bidding are explained below under point 4, including the necessary online registration.
2. written bid with your desired price
If you like the auctioned item and wish to bid in writing or by telephone (on request), please send us your desired price using the bidding form (also for telephone bidders as a security bid) up to 2 days before the start of the auction.
If your desired bid is the highest in the auction, you will automatically win the bid.
Note for the bidding form and for online bidders: Please take into account the total price you are prepared to pay. This is made up of the hammer price and the premium, according to the premium scale. You decide what you want to pay in total.
Example: You place a written bid of 1,000.00 euros. The premium is added to this. Example: With a buyer's premium of 25%, this is 250.00 euros. The amount of the buyer's premium is not important to you, as you determine the total value of the auctioned item including the buyer's premium.
We only charge VAT on the buyer's premium. In the example of a 25% buyer's premium on the hammer price of 1,000 euros, the VAT amounts to 47.50 euros. In this example, you would receive the auctioned item for a total of 1,297.50 euros.
Note: No VAT is levied on the hammer price itself, as it is a non-taxable realization by virtue of a statutory lien or other security rights in rem (so-called surrogation in rem pursuant to Section 1 (1) No. 1 UStG analogously in conjunction with the case law of the BFH). case law of the BFH).
3. premium scale
The highest bidder will be charged a premium plus 19% VAT on the premium according to the following scale:
18 % plus VAT for a hammer price (purchase price) of € 100,000 to € 199,999.99
15 % plus VAT for a hammer price (purchase price) of € 200,000 to € 349,999.99
12 % plus VAT for a hammer price (purchase price) of € 350,000 to € 499,999.99
10 % plus VAT for a hammer price (purchase price) of € 500.000,-€ to 699.999,99 €
8 % plus VAT for a hammer price (purchase price) of 700.000,-€ to 999.999,99 €
6 % plus VAT for a hammer price (purchase price) of 1.000.000,-€ to 3.999.999,99 €
3 % plus VAT from a hammer price (purchase price) of 4.000.000,-- €.
The hammer price (excluding buyer's premium) is shown without VAT.
4. online live bidding / online pre-bids
For participants who only want to bid live, please register in advance (> red button below). If you wish to bid more than your (written) pre-bid, you can also participate in the online live bidding and adjust your bid.
Activation of the online auction platform (online auction with live stream) will be given to new registrants after receipt of the security deposit of EUR 1 to verify their identity. As soon as you have activated the confirmation link for your online live bidding registration (check your spam folder if necessary), you will receive the payment information.
To place online bids or to participate in online live bidding, register here in good time (if not already registered on the auction platform):
5. start of auction
6. surcharge and payment
Upon acceptance of the bid, the auctioned item becomes the irrevocable property of the bidder.
Payment in euros is due immediately after acceptance of the bid by online instant bank transfer(payment with immediate effect on liquidity) from the bidder's personal account or from the business account in the case of commercial bidders. Payment must be made in full (hammer price plus premium and VAT on the premium). As trustee, we must ensure payment. We reserve the right to require all bidders for whom it is not possible for us to obtain sufficient credit information to pay an appropriate deposit (security deposit) by bank transfer. Alternatively, this can be done by means of a bank guarantee.
7. collection / handover
Collection - or, in the case of rights, handover by transfer agreement - shall take place after full payment of the hammer price and the premium (plus VAT on the premium) and after release by us to the client.
The buyer must arrange a collection date with the client immediately after we have received payment.
Collection is usually carried out at the buyer's own responsibility and expense within seven days.
On collection, the buyer confirms in writing that he has received the auctioned pledged property in full.
In the case of rights, the rights are transferred by means of a corresponding transfer agreement instead of collection. This is to be carried out at short notice after full payment; the buyer must ensure this immediately, usually by commissioning a notary.
8. further information
Note on bid acceptance: The buyer's bid will be accepted approx. 20 seconds after receipt in accordance with § 156 BGB against the highest bid. Upon acceptance of the bid, the risk is transferred to the bidder. The bidder bears the responsibility and costs for the transportation of the auctioned item.
Note on payment: We act in a fiduciary capacity for creditors and debtors and are obliged to ensure immediate payment. Subsequent bank transfers are therefore unfortunately not possible. As trustee, we must ensure payment. We reserve the right to require all bidders for whom it is not possible for us to obtain sufficient credit information to pay an appropriate deposit (security deposit) by bank transfer. Alternatively, this can be done by means of a bank guarantee.
Note on collection - handover: Any claims for compensation arising from late acceptance are assigned to the client. The local conditions at the auctions vary. It is the buyer's responsibility to check the collection conditions on site. Ostermayer & Dr. Gold GbR shall not assume any costs for collection expenses incurred by the buyer. In the event of late collection, we will clear the property and charge the costs in accordance with the auction conditions.
1. auction procedure:
The General Terms and Conditions of Ostermayer & Dr. Gold GbR apply. The auction will be conducted publicly and accessible to everyone by written and digital bidding in an auction. Ostermayer & Dr. Gold GbR reserves the right to make participation in the auction and the acceptance of bids dependent on the bidder's registration and/or the deposit of a security/purchase price deposit.
2. payment of the purchase price and transfer of ownership in rem:
The purchase price payments from bindingly awarded surcharges (as well as premium / VAT on the premium) are due immediately and are to be paid by immediate bank transfer from the buyer's personal account. Any other payments will be rejected due to the Money Laundering Act (GwG). In the event that the purchase price is not paid on time, the sale of the pledged items shall be subject to the express reservation of forfeiture of all rights of the buyer pursuant to Section 1238 (2) BGB. Surrender and transfer in rem of the respective auctioned property can only take place after full payment of the purchase price.
3. warranty:
All information provided in the auction notice serves only to identify the respective auctioned item; a description or assurance of condition or quality features is expressly not given. Neither our clients nor Ostermayer & Dr. Gold GbR shall assume any warranty for material defects or defects of title of the auctioned items. The General Terms and Conditions of Ostermayer & Dr. Gold GbR and the statutory provisions on public pledge auctions, in particular in accordance with §§ 445, 1242 BGB, shall apply.
4. auctioned property / bids:
5. applicable law and place of jurisdiction:
All disputes with traders pursuant to § 14 BGB (German Civil Code) arising in connection with the contract or its validity shall be finally settled in accordance with the Rules of Arbitration of the Chamber of Industry and Commerce for Munich and Upper Bavaria (IHK Munich) by a single arbitrator, applying the substantive law and the language of the proceedings of the Court of Arbitration of the IHK Munich, to the exclusion of recourse to the ordinary courts of law. The law of the Federal Republic of Germany shall apply to the order, its execution and the claims arising therefrom for non-traders. The place of jurisdiction shall be the court responsible for the Contractor's registered office, insofar as such an agreement on the place of jurisdiction can be agreed in a permissible manner.
