Kontor24 · Auctions

The following General Terms and Conditions (GTC) govern the legal relationship between Bogdan Davydov, sole proprietor, trading as „Kontor24" (hereinafter „Auctioneer") and the participants in our auctions.

§ 1 Scope

These GTC apply to all public auctions of movable property conducted via the kontor24.at platform and to all business activities of the Auctioneer. By registering and placing a bid, the participant bindingly accepts these GTC and the applicable Auction Rules. Conflicting or deviating terms of the bidder are not recognised.

§ 2 Auctioneer and contracting party

The auction objects are auctioned in the Auctioneer's own name, for its own account or for the account of third parties. The contract of sale is concluded between the bidder and the Auctioneer. The Auctioneer is licensed to auction movable property pursuant to § 158 of the Austrian Trade Act 1994.

§ 3 Registration and eligibility

Participation in auctions requires prior registration. Only persons with full legal capacity are eligible; participation of persons under 18 years of age is not permitted. The bidder undertakes to provide complete and truthful information and to update any changes without delay. The bidder bears any damages and additional costs arising from false statements about their identity. Identity may be verified via a €1 credit card authorisation through Stripe.

The Auctioneer reserves the right to reject or suspend registrations without giving reasons. Blocked bidders are prohibited from registering again.

§ 4 Course of the auction and bidding

Auctions are time-limited. Each lot has a defined runtime. Bids are placed electronically via the platform. Each bidder submits a maximum bid; the system bids automatically in the defined minimum steps until the bidder's maximum is reached (proxy bidding). Submitted bids are binding; a revocation of submitted bids is not possible.

To prevent last-second sniping, the remaining time of a lot is automatically extended if a bid is placed within the final minutes. For details, please refer to the Auction Rules.

The Auctioneer is entitled to make changes at short notice, to combine lots, not to offer them or to withdraw them, in particular in the event of gross errors in the description, third-party recovery or surrender claims or other serious grounds; bids already placed may be deleted in such cases and lots re-auctioned. No guarantee is given that a lot will actually be offered.

§ 5 Award and conclusion of contract

For reasons of transparency, the award is granted electronically; the highest valid bid at the end of the auction time receives the award. The award concludes a binding contract of sale. The highest bidder is obliged to take delivery of the purchased lots and to pay the hammer price plus the auction fee and any applicable VAT. The bidder is notified of the award by e-mail.

Bidders are granted the possibility to attend the auction in person and in physical presence at the Auctioneer's registered office (see Legal Notice) upon prior notice; in this case bids are accepted in person by the Auctioneer. Before placing a bid, the bidder has the opportunity to inspect the auction object during the announced viewing appointments and to inform themselves about its condition.

The Auctioneer has the right to rescind the concluded contract if auction objects are lost through no fault of the Auctioneer (for example theft or successful third-party surrender claims). In this case all mutual obligations lapse.

§ 6 Purchase price, auction fee and VAT

The purchase price comprises the hammer price plus the auction fee (buyer's premium) and any statutory VAT. The total amount payable, including auction fee and VAT, is transparently disclosed before a bid is placed, so that the bidder is clearly informed of the total price when bidding. Unless otherwise stated, the auction fee is 18 % and VAT is 20 %.

§ 7 Payment terms

The purchase price is due on the day of the award and payable by SEPA bank transfer to the account stated on the invoice. Payment in cash is excluded. In case of default, the Auctioneer is entitled to charge default interest at the statutory rate.

If the purchase price is not paid despite the setting of a reasonable grace period, the Auctioneer is entitled to rescind the contract pursuant to § 918 ABGB and to re-auction the lot or sell it privately. The defaulting buyer is not admitted to the re-auction. The defaulting buyer is liable to the Auctioneer for any shortfall in proceeds and for all additional costs of the resale, but has no claim to any surplus. The Auctioneer further reserves the right to charge a cancellation fee of 20 % of the hammer price. Defaulting buyers may additionally be excluded (blocked) from future auctions.

§ 8 Reservation of title and release

Ownership of the goods passes to the buyer only upon full payment of the purchase price (reservation of title); in the case of bank transfer, full receipt of payment on the Auctioneer's account is decisive. Auction objects are released only after full receipt of payment; the presentation of a transfer confirmation is not sufficient.

§ 9 Collection and shipping

Collection takes place by prior appointment at the specified location within the period stated on the invoice. In the event of culpable failure to observe the announced collection periods, the buyer is liable for all attributable consequential costs (in particular storage, removal to storage, costs of third-party performance); storage costs amount to € 2.00 per lot per day.

If the buyer fails to collect the goods despite the setting of a reasonable grace period, the Auctioneer is entitled either to insist on performance or to rescind the contract and dispose of the goods otherwise (re-auction, private sale or disposal at the buyer's expense). § 7 applies mutatis mutandis: the buyer is liable for any shortfall and all additional costs, has no claim to any surplus, and the Auctioneer reserves the right to charge a cancellation fee of 20 % of the hammer price and to block the buyer.

Shipping is possible on request and at the buyer's expense and requires full payment. Vis-à-vis consumers, risk passes pursuant to § 7b of the Austrian Consumer Protection Act (KSchG) only upon delivery of the goods to the consumer, unless the consumer commissioned the carrier themselves without the Auctioneer having proposed that carrier. Vis-à-vis businesses, risk passes upon handover to the carrier.

§ 10 Warranty

All lots are sold in the condition they are in at the time of the auction („as inspected"). Unless expressly marked otherwise, the items are used goods with wear corresponding to their age. The auction objects are not examined for defects or technical faults. All information in descriptions and catalogues (such as dimensions, weight, year of manufacture, condition) is provided to the best of knowledge but is non-binding and does not constitute warranted characteristics within the meaning of § 922 ABGB. Bidders are expressly recommended to inspect the lots during the announced viewing appointments. The statutory warranty provisions apply.

§ 11 Limitation of liability

The Auctioneer is liable only for damages caused by intent or gross negligence. Liability for slight negligence as well as for lost profits, indirect or consequential damages is excluded to the extent permitted by law.

Entering buildings and premises in the course of viewing and collection is at one's own risk. Visitors are liable for damage caused by them, even if only slightly negligent. The buyer is responsible for ensuring that collection, dismantling and removal are carried out professionally and must, where necessary, commission a qualified specialist company; the buyer is liable for any damage caused in the process.

§ 12 Withdrawal and revocation

The Auctioneer's auctions are public auctions within the meaning of § 3 no. 8 FAGG; bidders are granted the possibility to attend the auction in person (§ 5), and the award is granted in a transparent procedure based on competing bids. Pursuant to § 18 (3) FAGG, there is no right of withdrawal from contracts concluded in the course of the Auctioneer's public auctions. Withdrawal from the purchase after the award is excluded.

§ 13 Business customers clause

The following applies additionally or alternatively vis-à-vis businesses within the meaning of the Austrian Consumer Protection Act (KSchG):

The bidder waives the defence of laesio enormis (§ 934 ABGB), both with regard to the main transaction and any ancillary terms.
Rescission for error is excluded. Claims for damages against the Auctioneer are limited to cases of gross fault.
If the bidder waives an inspection, they cannot assert any resulting warranty or damage claims.
Any complaint and warranty are excluded.
If, for whatever reason, the bidder raises claims against the Auctioneer or the contract is dissolved, the Auctioneer's claim to the auction fee remains unaffected; all costs incurred in connection with the original contract (travel, dismantling, removal, storage, return transport) are borne by the bidder.
Set-off against claims of the Auctioneer is excluded.
The auction object is deemed handed over upon the award; liability and the risk of accidental loss, destruction or damage (for example by fire, water, storm, vandalism, theft) pass to the bidder upon the award.
Exclusive place of jurisdiction is Vienna.

§ 14 Data protection

The processing of personal data takes place in accordance with our Privacy Policy.

§ 15 Final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For contracts with consumers residing in the European Union, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the state of their habitual residence (Art. 6 (2) Rome I Regulation). Place of jurisdiction for all disputes is – to the extent permitted by law – the competent court in Vienna. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.