General Terms and Conditions for Buyers and Bidders – Pledge Enforcement Auctions / Private Sales
1. Legal Notice:
The English version of the General Terms and Conditions is provided for convenience only. The German version shall be legally binding.
By participating in our auction, bidders and buyers acknowledge and accept the auction terms and conditions set out below. These terms and conditions also apply to private sales.
2. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR auctions publicly in the name and for the account of third parties.
3. Upon request, the buyer will be informed of the client of the respective items.
4. The items put up for auction may be inspected before the auction date at the time specified; in the case of rights, the documents made available may be inspected in the virtual data room after submission of a confidentiality agreement (NDA).
5. The items and rights are sold in the condition in which they are at the time of the auction. They may have damage or impairments or limitations not mentioned in the catalog or other descriptions. The buyer acknowledges that any complaints are excluded and that we do not assume any warranty for quality, condition, completeness, obvious or hidden defects, other damage or special characteristics. The buyer purchases or buys at auction new or used items or rights to the exclusion of any warranty. Technical data, dimensions or weight specifications, years of construction or other value-determining information are non-binding. Listings of objects and descriptions have been compiled carefully and to the best of our knowledge. They do not constitute a quality agreement or guarantee. Written or verbal condition reports merely reflect a subjective opinion and do not constitute an individual agreement deviating from the aforementioned regulations. They are provided without obligation merely as additional information. Pursuant to § 474 para. 1 sentence 2 BGB, the provisions of the sale of consumer goods shall not apply. Claims for damages against DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR, their vicarious agents and the consignor are also excluded, regardless of the legal grounds. The period for asserting any claims is one year. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR assumes no liability for the establishment or maintenance of a telephone or telecommunications connection, in particular in the event of force majeure. If, in the event of force majeure, the fulfillment of the service, including the acceptance of bids, is completely prevented at short notice or permanently, claims for damages are excluded. The following events in particular are considered force majeure War, acts of God, epidemics, sabotage, power failures, strikes and lockouts, natural disasters, geological changes and impacts. During the live online auction, transmission times (latency times) may vary from region to region. We accept no liability for technical problems of any kind during the transmission of the auction. In the event of a possible non-acceptance of a bid, the bidder must provide proof in the event of a dispute that we, Deutsche Pfandverwertung, acted negligently.
The right of return and revocation according to §§ 312bff, 355ff BGB (Distance Selling Act) does not apply in a public auction: neither for purchase orders that come about through online bids, written, verbal or telephone bids. The illustrations in catalogs and other information material generally serve as additional information for a personal viewing; errors excepted. In the event of discrepancies between the illustrations and the text, the text shall be binding. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR assume no liability for incorrect translations of the catalog texts from German into other languages; only the German version is authoritative.
6. Only persons or companies with full legal capacity or their legal representatives who have full legal capacity and have sent an extract from the commercial register or proof of power of attorney to DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR, unless otherwise stated, no later than 24 hours before the auction are entitled to participate in the auction. A necessary prerequisite and condition is the timely registration in advance and confirmation by DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR as well as the timely submission of a written bid form in advance with the bidder’s desired price in order to be admitted to the auction. This also entitles the bidder to place live bids online, in person or by telephone. Bids can also be submitted in person on site electronically using computers provided by us against a deposit. A security deposit of 1 euro from the bidder’s personal bank account by bank transfer to DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR is required to establish identity in accordance with the Money Laundering Act (GwG). The account details will be sent to the bidder by e‑mail after acceptance of the written bid form. This 1 Euro will be transferred back immediately after the end of the auction. If the identity of the bidder is already known, he does not need to transfer the amount.
Bids must be submitted in euros. The bids are binding. There is no right of withdrawal from the purchase contract. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR are entitled to auction the items listed in the catalog out of sequence and to separate, combine and omit catalog numbers. All items may be withdrawn at short notice, even on the day of the auction, for legal reasons. The offer is only created when the item is called. There is no entitlement to a call. Due to possible technical problems, the timeliness of the information cannot be guaranteed. As a rule, bidding begins at the price stated in the catalog. As a rule, prices are increased in 10% increments.
7. The auctioneer shall determine the starting prices for the entire auction at his discretion.
8. The highest bid will be accepted after three calls. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR may reserve the right to accept the bid, refuse it without giving reasons and reject bids from unknown bidders if security is not provided before the auction or if the creditworthiness cannot be established beyond doubt by DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR or if there are reasons to believe that the bidder is unwilling or unable to pay. If several persons make the same highest bid at the same time, the auctioneer shall decide at his own discretion. Doubts about the knockdown must be raised immediately. If a difference of opinion cannot be settled immediately, DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR may re-bid the item. If the highest bidder does not wish to accept the bid, DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR may accept the immediately preceding bid. The amounts stated in a written bid form for the possible hammer price are exclusive of the premium plus VAT on the premium. If the bid is accepted subject to reservation, the bidder shall remain bound to his bid for 3 (three) weeks. It shall expire if he does not receive an unconditional acceptance of the bid in writing within this period. If a conditional knockdown is not accepted, the catalog number may be transferred to another bidder without further inquiry. In all cases, the auctioneer’s instructions alone shall apply.
9. Acceptance of the bid obliges the bidder to immediately pay the purchase price (hammer price plus premium plus VAT on the premium) and immediately accept the auctioned items or transfer the rights. In case of doubt, the auction record shall be authoritative.
10. All prices are quoted in euros plus a premium on the hammer price of 25% or according to the premium scale published in the auction announcement, plus the statutory value added tax applicable to the premium. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR will not charge VAT on the hammer price.
11. The hammer price invoice and premium invoice will be sent to the bidder by e‑mail immediately after the end of the auction. The bidder undertakes to ensure the receipt of e‑mails with PDF attachments by DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR. Payment of the total claim must be made immediately by bank transfer (immediate payment) from the bidder’s personal bank account to DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR. If the full payment obligation is not met within 7 (seven) days of the knockdown, the object of purchase may be auctioned again. The first buyer shall not be admitted and his security shall be forfeited to the auctioneer. The first buyer remains personally liable for the reduced proceeds and has no claim to additional proceeds. Note on cash payment accepted in exceptional cases; the Money Laundering Act must be observed: Only valid euro banknotes are legal tender in Germany. According to the Deutsche Bundesbank, euro coins are a restricted legal tender, which DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR is only obliged to accept as follows: Coin money must only be accepted per buyer up to a total quantity of 50 coins or a total coin value of up to 100 euros
12. The object of purchase shall be deemed to have been handed over to the buyer upon acceptance of the bid, whereby liability and risk of accidental destruction, loss or damage due to fire, water, storm, theft and burglary shall also be transferred to the buyer. This also applies in particular to accessories. However, ownership shall only be transferred to the buyer after full payment of the knockdown invoice and the premium invoice.
13. Payment and Transfer: Delivery of the auctioned asset, and in the case of the auction of rights, the execution and legal effectiveness of the transfer agreement, shall occur strictly concurrently with, and only upon, the full settlement of all payment obligations arising from the award (knockdown).
The successful bidder shall acquire a right to delivery or transfer only after full payment of the hammer price as well as the buyer’s premium and any applicable VAT. The hammer price is stated exclusive of value added tax, as, within the framework of a public auction, it constitutes a proprietary surrogate of the auctioned asset or the disposed right. Value added tax shall be charged exclusively on the buyer’s premium, insofar as and to the extent that such premium is subject to statutory VAT. Set-off against the hammer price shall be permitted solely in favor of a secured pledgee and only with respect to that pledgee’s secured claim against the debtor. No claim to delivery or transfer shall arise prior to full receipt of all amounts due.
No claim to delivery or transfer shall arise prior to full receipt of all amounts due.
13.1 Collection, Transfer, Default, and Remedies: Collection of Tangible Assets. Collection of any auctioned tangible property shall be arranged solely between the successful bidder (“Purchaser”) and the custodian of the auctioned property. Deutsche Pfandverwertung Ostermayer & Dr. Gold GbR (the “Auctioneer”) assumes no obligation to package, store, insure, load, dismantle, or ship any auctioned item, and no insurance coverage of any kind is provided. Upon full and cleared payment, the Purchaser shall promptly schedule a collection date at the storage location. All auctioned items are sold ex works / ex location, as is, where is, uninstalled, undismantled, and unloaded.
Auction of Rights.
Where the subject of the auction is a right rather than a tangible asset, physical collection shall be replaced by the transfer of such right pursuant to an appropriate transfer agreement. Such transfer shall be effected promptly following full payment. The Purchaser shall be solely responsible, at its own cost and expense, for procuring and implementing the transfer without delay, typically by instructing a notary public or other competent authority.
Delivery and Acceptance.
Delivery of auctioned items shall be effected by the auction principal as inspected and as is. Immediately upon delivery, the Purchaser shall confirm receipt in writing. Failure to do so shall not prejudice the effectiveness of delivery.
Storage Fees and Failure to Collect.
In the event of delayed collection, storage fees of up to EUR 10 per item per day may be charged. If the Purchaser fails to collect the auctioned item(s) within seven (7) days following the auction, the Auctioneer shall be entitled, without further notice or demand, to re-auction or dispose of the item(s) by private sale.
All costs incurred in connection with such resale, including storage, handling, administrative expenses, and transaction costs, as well as any deficiency between the original hammer price and the resale proceeds, shall be borne by the Purchaser.
Default, Termination of Rights, and Resale.
If the Purchaser is in default with respect to payment or acceptance of the auctioned item, all rights arising from the award (knockdown) shall automatically terminate without further notice. In such event, the Auctioneer may re-auction or otherwise dispose of the item(s) at its sole discretion.
Interest on Late Payment.
Amounts outstanding shall accrue default interest at a rate equal to five percent (5%) or eight percent (8%) above the applicable base interest rate, as applicable, from the due date until payment in full.
Damages; No Entitlement to Surplus.
If the consignor asserts claims for damages following a resale, the Purchaser shall be liable, in addition to storage costs, for (i) the buyer’s premium payable to the Auctioneer from the original auction and (ii) any deficiency resulting from a subsequent sale. The Purchaser expressly waives any right to claim or participate in any surplus proceeds realized upon resale.
Assignment of Claims.
Any claims for compensation arising from the Purchaser’s failure to timely collect or accept the auctioned item are hereby irrevocably assigned to the auction principal.
Cumulative Remedies.
All rights and remedies of the Auctioneer and the consignor under these Terms are cumulative and may be exercised concurrently or successively, and the exercise of any remedy shall not preclude the exercise of any other remedy available at law or in equity.
14. The auctioneer in charge of the auction has the right to to exclude from participation in the auction any persons who interfere with the inspection of the auctioned property or the execution and course of the auction in any form or manner whatsoever and, if necessary, to have them removed by his own security personnel or with police assistance. The security deposit made by these persons shall then be forfeited immediately to DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR.
15. The auctioneer may interrupt or cancel the auction if he knows or must assume from the circumstances that:
15.1. Persons have made arrangements to prevent others from bidding or rebidding;
15.2. items are to be auctioned off by persons acting as intermediaries in order to be sold or distributed among the parties involved for their joint benefit;
15.3. persons bidding privately or commercially on behalf of others or offering to do so;
15.4. persons form a buying ring with the intention of minimizing the amount of the auction proceeds.
The Auctioneer may exclude the persons specified in items 15.1 to 15.4 from participation in the auction and, if necessary, have them removed by his own security personnel or with police assistance. The security deposit paid by these persons shall then be forfeited immediately to DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR.
16 The buyer may only offset undisputed or legally established claims against DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR. The buyer shall have no right of retention unless it is based on the same contractual relationship.
17. No liability is accepted for accidents during the viewing, auction and collection. It is strictly forbidden to put appliances into operation.
18. All persons during the viewing or visitors to the auction are liable for any damage caused, regardless of its nature.
19. The buyer is liable for accidents, damage to buildings, third-party objects and other damage.
20. The Auctioneer shall be entitled to collect and sue for purchase monies and ancillary claims in his own name for the account of the Client.
21. A bidder who bids on behalf of another party shall be jointly and severally liable with that party.
22. Invoices issued during or immediately after the auction must be checked again so that subsequent corrections are permissible.
23 DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR records and processes data of all business partners in files, which is referred to in accordance with the Federal Data Protection Act (BDGS) and GDPR.
24. Export declarations are to be prepared exclusively by the buyer in accordance with EU directives. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR is not authorized to complete such declarations. The statutory VAT shall remain deposited as security until proof of shipment is received.
25 The auction will be conducted in German.
25.1 The public auction is a sovereign act which we are authorized to conduct as publicly appointed, sworn auctioneers. The language of all procedures, actions, texts and contracts relating to the auction is German (cf. VwVfG § 23 (1) Official Language).
25.2 Prospective buyers who do not have C1 level German language skills undertake to use a publicly appointed, sworn interpreter to participate in the auction. By participating in the auction, the prospective buyers (bidders) declare their consent to this.
26 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 judge, 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.
27. DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR are authorized to assert and enforce the buyer’s rights in their own name.
28. Public Access: The public auction, conducted as a live online format or a hybrid format (online + in-person), ensures public access exclusively with respect to bidder participation. Observers—including notaries—are not participants in the proceedings and have no right to physical attendance. The auctioneer is entitled, under its house rules, to regulate access to the auction venue, to require timely prior registration, and to limit or exclude the number of observers for organizational or security reasons. The presence of individual persons without bidding functionality has no effect vis-à-vis third parties and does not establish any equality or participation rights for third parties.
29. Technical Availability / Limitation of Liability: The availability of this website, including the information and auction terms published thereon, is subject to technical feasibility. The same applies to our auction platform accessed via a link from this website. No liability is assumed for temporary interruptions, delays, or limitations of access resulting from technical failures, including server, network, or software malfunctions, force majeure, or maintenance work.
Liability for damages arising solely from the unavailability of the website or the auction platform is excluded, except in cases of wilful misconduct or gross negligence. The validity of the award and the conduct of the public auction shall remain unaffected. Liability for damages arising solely from the unavailability of the website or the auction platform is excluded, except in cases of wilful misconduct or gross negligence. The validity of the award and the conduct of the public auction shall remain unaffected.
30. Procedural Documentation / Exclusion of External Documentation:
The organization, conduct, and safeguarding of the public auction are the sole responsibility of the publicly appointed and sworn auctioneer. The knockdown in a public auction does not constitute a contract but a rights-creating sovereign act (§ 156 German Civil Code (BGB); § 383 BGB, as amended). Notarial recording or any other notarial involvement in the knockdown is neither provided for by law nor capable of notarization. . The knockdown takes legal effect exclusively by operation of law, conditional solely upon the due and proper conduct of the auction proceedings. The documentation of the public online live auction process, including the bidding history and the granting of the knockdown, is carried out exclusively by Deutsche Pfandverwertung in the form determined by it, in particular by means of auction records, system logs, time stamps, and, where applicable, video recordings. Eine Abweichung vom standardisierten Verfahren kommt aus Gründen der Neutralität, Gleichbehandlung und Haftungsvermeidung nicht in Betracht. Any records, notes, recordings, captures, screenshots, or other documentation created by participants or observers are not part of the auction proceedings and have no legal effect. Such external documentation may not, to the extent permitted by law, be relied upon to substantiate objections to the conduct of the auction or to challenge the validity of the knockdown.
31. Severability: If any provision of this Agreement is or becomes invalid or void, this shall not affect the validity of the remaining provisions of this Agreement.
© 2017–2026
DEUTSCHE PFANDVERWERTUNG Ostermayer & Dr. Gold GbR
F. Eberhard Ostermayer und Dr. Dagmar Gold
- Allgemein öffentlich bestellte, vereidigte Versteigerer —
Bierhäuslweg 9, D‑83623 Dietramszell
E‑Mail: anfrage@deutsche-pfandverwwertung.de
Internet: www.deutsche-pfandverwwertung.de
Consumer Dispute Resolution / ODR Notice
The European Commission provides an Online Dispute Resolution (ODR) platform at: http://ec.europa.eu/consumers/odr/.
We are not required—and do not undertake—to participate in dispute resolution proceedings before a consumer arbitration board (Section 36(1) of the German Consumer Dispute Resolution Act (VSBG)).
If you have any concerns, please contact us directly. We aim to resolve issues promptly and amicably.
