Terms & Conditions
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 auctions of movable property carried out via the kontor24.at platform, whether online or on site. By registering and placing a bid, the participant bindingly accepts these GTC and the applicable Auction Rules.
§ 2 Auctioneer and contracting party
The Auctioneer carries out auctions in its own name, either 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 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 to participate. The bidder undertakes to provide truthful information. Identity and creditworthiness may be verified via a €1 credit card authorisation through Stripe. The Auctioneer reserves the right to reject or suspend registrations without giving reasons.
§ 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 Submitted bids are binding and cannot be withdrawn.
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.
§ 5 Award and conclusion of contract
The award (hammer) is granted automatically at the end of the auction time to the bidder with the highest valid bid. The sales contract is concluded upon award. The bidder is notified by e-mail.
§ 6 Purchase price, buyer's premium and VAT
The purchase price comprises the hammer price plus the buyer's premium and statutory VAT. The applicable rates are transparently disclosed for each lot. Unless otherwise stated, the buyer's premium is 18 % and VAT is 20 %.
§ 7 Payment terms
The purchase price is due within three business days of receipt of the invoice, by SEPA bank transfer to the account stated on the invoice. In case of default, the Auctioneer is entitled to charge default interest at the statutory rate, to rescind the contract and to re-sell the lot. In such case the defaulting buyer is liable for any shortfall.
§ 8 Transfer of ownership
Ownership of the goods passes to the buyer only upon full payment of the purchase price (reservation of title).
§ 9 Collection and shipping
Collection takes place at the specified location by prior appointment. Shipping is possible on request and at the buyer's expense; risk passes upon handover to the carrier. Collection or shipping requires full payment.
§ 10 Exclusion of warranty
All lots are sold „as inspected". Warranty for defects, functionality, age, provenance, authorship or specific characteristics is excluded to the extent permitted by law. Information in descriptions and catalogues is provided to the best of knowledge but does not constitute warranted characteristics within the meaning of § 922 ABGB. Bidders have the opportunity to inspect the lots prior to the auction.
§ 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.
§ 12 Withdrawal and revocation
Withdrawal from the contract after award is excluded. The consumer right of revocation in distance contracts pursuant to §§ 11 ff FAGG does not apply to auctions (§ 18 (1) no. 10 FAGG).
§ 13 Data protection
The processing of personal data takes place in accordance with our Privacy Policy.
§ 14 Final provisions
Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. 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.