Auction Rules
These Auction Rules govern the conduct of all auctions held by Bogdan Davydov, sole proprietor, trading as „Kontor24". They supplement the General Terms and Conditions and are accepted by participating in an auction.
1. Scope
These Auction Rules apply to all public auctions of movable property conducted by the Auctioneer. Bids are placed via the kontor24.at platform; viewing and collection take place on site.
2. Auctioneer
The Auctioneer auctions in its own name, for its own account or for the account of third parties. It is licensed to auction movable property on a commercial basis pursuant to § 158 of the Austrian Trade Act 1994.
3. Participation
Participation in an auction requires prior registration and is not permitted for persons under 18 years of age. The participant must provide truthful information. The Auctioneer may make participation conditional on an identity verification (e.g. €1 credit card authorisation). Blocked bidders are prohibited from registering again.
4. Course of the auction
Auctions are conducted online on kontor24.at and are time-limited. Each lot has an individual runtime with start and end time. All submitted bids are binding; a revocation of submitted bids is not possible.
If a bid is placed in the final minutes before a lot closes, its runtime is automatically extended („soft close") to allow all interested parties a fair chance to bid.
The Auctioneer is entitled to make changes at short notice, to combine, withdraw or re-auction lots, in particular in the event of gross errors, third-party surrender claims or other serious grounds.
5. Viewing and personal attendance
Viewing appointments are announced for the auctions; before placing a bid, the bidder has the opportunity to inspect the lots and to inform themselves about their condition. Making use of the viewing opportunity is expressly recommended. Bidders are furthermore 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.
6. Bids
Bids are placed electronically via the platform. The bidder submits a personal maximum bid; the system automatically raises the current bid in the defined minimum steps until the bidder's maximum is reached or exceeded.
- The highest bid wins the award.
- An already submitted maximum bid may only be increased, not lowered.
- Bidding against yourself is not possible.
- The minimum bid step is €1.
7. Award
The award is granted automatically at the end of the auction time to the bidder with the highest valid bid. The award concludes a binding contract of sale; the buyer is obliged to take delivery and to pay.
8. Payment
The purchase price (hammer price plus auction fee and any applicable VAT) 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.
If the purchase price is not paid despite a grace period, the lot may be re-auctioned or sold privately pursuant to § 918 ABGB. The defaulting buyer is not admitted to the re-auction; the defaulting buyer is liable for any shortfall and all additional costs, has no claim to any surplus and may be blocked from future auctions. The Auctioneer reserves the right to charge a cancellation fee of 20 % of the hammer price.
9. Transfer of ownership and release
Ownership of the goods passes to the buyer only upon full payment. Goods are released only after full receipt of payment on the Auctioneer's account; a transfer confirmation is not sufficient.
10. Collection and delivery
Collection takes place by appointment at the specified location within the period stated on the invoice. Transport and related costs are borne by the buyer. If the collection period is exceeded, the buyer is liable for the consequential costs; storage costs amount to € 2.00 per lot per day. After fruitless expiry of a grace period, the goods may be disposed of otherwise or at the buyer's expense; clause 8 applies mutatis mutandis.
On request, shipping can be arranged. Vis-à-vis consumers, risk passes pursuant to § 7b KSchG only upon delivery to the consumer; vis-à-vis businesses, upon handover to the carrier.
11. Warranty and liability
The items are sold in the condition they are in at the time of the auction („as inspected"); unless marked otherwise, they are used goods with wear corresponding to their age. No inspection for defects or function is carried out; descriptions are provided to the best of knowledge and are non-binding. The statutory warranty provisions apply; vis-à-vis businesses, the business customers clause of the GTC applies.
12. Withdrawal
The auctions are public auctions within the meaning of § 3 no. 8 FAGG. Pursuant to § 18 (3) FAGG, there is no right of withdrawal from contracts concluded in the course of these auctions. Withdrawal from the purchase after the award is excluded.
13. Fees
The Auctioneer charges an auction fee on the hammer price. The applicable auction fee is transparently disclosed for each lot. Unless otherwise stated, the auction fee is 18 %.
14. Final provisions
Austrian law applies. Place of jurisdiction is – to the extent permitted by law – the competent court in Vienna. Should individual provisions of these Rules be invalid, the validity of the remaining provisions shall remain unaffected.