Terms and Conditions
General terms and conditions and customer information
[Please note: this english translation of our terms and conditions serves as a courtesy for non-German speakers. Legally binding are our terms and conditions in German.]
1. Provider, offer and scope
1.1 The provider is Emil-auctions GbR (hereinafter "operator").
1.2 These general terms and conditions (hereinafter "GTC") apply to all contracts that you (hereinafter "user") conclude with the operator. The inclusion of the user's own conditions is contradicted. The terms and conditions also apply indirectly to all contracts concluded between users (i.e. bidder / buyer and seller). In addition, the respective general terms and conditions of the seller apply, if available.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2. Offer, conclusion of contract
2.1 The operator's online portal "emilauctions.com" enables sellers to sell goods, in particular militaria, via the platform. Users can submit binding bids (“bidders”).
2.2 The seller assures that his information is correct. He also guarantees that his content (texts, images, etc.) does not infringe any third party rights and is not offensive. He has to observe the special requirements of §§ 86, 86a StGB.
2.3 The product descriptions contained in the online portal of the operator do not represent binding offers on the part of the seller, but serve to submit a binding offer by the bidder to the respective seller. The information is set by the seller. In this respect, the operator assumes no liability for their correctness and topicality.
2.4 The bidder can submit his purchase offer by calling up a product and clicking the “bid” or “bid” button after specifying a purchase price (“bid balance” or “maximum bid”). By clicking on "bid" or "bid" the bidder submits a legally binding offer to conclude a purchase contract with the respective seller of the goods.
2.5 Before submitting a binding offer, the bidder can identify possible input errors by carefully reading the information displayed on the screen. The bidder can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the final button.
2.6 The contract is concluded with the bidder whose offered purchase price at the end of the auction time (the system time of the portal server applies) is the highest (“buyer”). The acceptance will be declared immediately after the end of the auction.
2.7 The purchase contracts for the goods are concluded exclusively between the respective users, that is, the respective seller and the buyer. In particular, the operator does not become a contractual partner of the buyer or the seller with regard to the fulfillment of the contractual obligations.
2.8 When submitting an offer, the contract text will be saved by the operator or seller after the contract has been concluded and sent to the buyer in text form (e.g. e-mail, fax or letter) after the auction has ended. The operator or seller does not generally make the text of the contract accessible beyond this.
2.9 The contract language is German.
3. Commission payment by the seller, payment of the purchase price
3.1 For sales contracts that have come about between the seller and the buyer, a commission of 10% (plus VAT) of the gross purchase price, excluding shipping costs, is payable by the seller to the operator. In this respect, the operator will invoice the seller for the commission incurred. The commission payment arises with the conclusion of the purchase contract.
3.2 It has no influence on the creation and due date of the commission whether the purchase contract is subsequently ineffective or revoked or otherwise reversed (e.g. by withdrawal of one of the parties to the purchase contract).
3.3 Purchase price payments are initially paid by the buyer to the operator's bank account or PayPal account, who holds the purchase price in trust for the seller. The operator forwards the purchase price received, minus the retained commission in accordance with paragraph 1, to the seller within seven working days after the buyer has confirmed receipt of the goods to the operator.
3.4 The operator can withhold the payment in whole or in part if the buyer believes a problem, e.g. B. reported alleged damage to the purchased item.
3.5 In the event of disputes between buyer and seller, the operator will try to act as an intermediary. However, at no time does the operator assume any obligations arising from the purchase contracts concluded between users.
3.6 In the case of not only minor violations of the present conditions by the seller, in particular in the case of violations of the obligations from §§ 4 and 5 of these conditions, the operator reserves the right to withhold the purchase price as a real contractual penalty and not to pay it to the seller. Further claims for damages remain unaffected.
4. Compliance with legal obligations by the seller
4.1 The seller is obliged to comply with the legal obligations, in particular the law on distance selling. He is responsible for compliance with all legal requirements for the sale and has to provide correct and true information on the seller's side about the provider identification (§ 5 TMG), data protection and other mandatory information.
4.2 As part of his offers, he has to inform the users sufficiently and clearly, in particular about their rights and obligations in distance selling (e.g. instructions on cancellation, pre-contractual and contractual mandatory information).
4.3 The seller will in particular observe the obligations to properly and correctly label the militaria pieces as well as compliance with the legal provisions with regard to §§ 86, 86a StGB. He will ensure that prohibited signs on photos of the goods are properly obscured.
5. Products and notices
5.1 The essential properties of the goods can be taken directly from the respective product description.
5.2 The offered militaria pieces are originals, unless expressly stated otherwise in the description; However, the operator does not assume any liability for the correctness, as the information on the goods is based on the information provided by the respective seller.
5.3 In the case of product photos, anti-constitutional symbols and other legally prohibited signs must be made unrecognizable, e.g. B. by sufficient coverage by means of graphic elements in an image processing program so that they can no longer be recognized as such.
5.4 The sale takes place under strict observance and compliance with the statutory provisions, in particular §§ 86, 86a StGB. According to this, the goods may be sold if the offer or the acquisition of civic education, the defense against unconstitutional efforts, art or science, research or teaching, reporting on events of the day or history or similar purposes. The sale of pieces from the National Socialist era in particular aims to avoid anti-constitutional and unconstitutional tendencies and to focus on scientific and art-historical research.
5.5 The operator and the seller take their historical responsibility very seriously. In this respect, the buyer confirms with the purchase that he fulfills these requirements and acquires and uses the militaria pieces only for the corresponding purposes. The operator as well as the respective seller are entitled to request proof of the planned use (e.g. on the type and purpose of the collection area). If there are doubts about the suitability of the buyer or the planned use, the seller reserves the right not to execute the purchase contract and to reverse it.
5.6 The buyer is advised that he must also comply with the strict legal requirements in further handling of the items (e.g. exhibition, production of photos and copies, subsequent resale), as otherwise he could be liable to prosecution. In particular, the user is also prohibited from copying, distributing or using in any other way photos from auction offers without being asked.
5.7 Violations of the obligations listed in the aforementioned paragraphs lead to the immediate deletion of the auction. The operator points out that the early termination may result in the seller being liable to pay damages to the bidder.
6. Prices and terms of payment
6.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
6.2 The payment options are communicated to the user in the online portal. The payment is made in trust to the operator (see § 3.3.).
6.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
6.5 Banking fees, in particular in relation to payment transactions outside the SEPA area and the resulting conversion fees, foreign exchange fees and transfer fees that are incurred in connection with the payment of the purchase price, are to be paid by the payer, and any fees for disbursement by the respective recipient. This will only be taken into account as such if the payment has been received in full. The provider reserves the right to cancel the process. In particular, the provider is entitled to postpone his services until the corresponding fees have been paid.
7. Delivery and dispatch conditions, retention of title
7.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the user, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing is decisive.
7.2 If the delivery of the goods fails for reasons for which the user is responsible, the user bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the dispatch if the user effectively exercises his right of withdrawal. For the return costs, if the user effectively exercises his right of cancellation, the provisions made in the seller's cancellation policy apply.
7.3 The goods remain the property of the seller until full payment has been made.
7.4 In order to avoid legal disadvantages, the operator urgently advises that goods are only shipped insured. In the case of sales by mail order, the risk of accidental loss and accidental deterioration is transferred to the buyer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment (§ 447 BGB); As a rule, this does not apply if the seller is an entrepreneur and the buyer is a consumer (Section 475 (2) BGB).
7.5 The buyer has to inform the operator as well as the seller immediately as soon as the purchased goods have been received by the buyer. This must be done by clicking the "Delivered" button in the "My Products" function behind the respective article.
8. Age verification
8.1 The user assures both when registering for the online portal and when submitting his offer that he is at least 18 years old and that his details regarding name and address are correct. He is obliged to ensure that only he himself or persons of age authorized by him to receive the delivery receive the goods.
8.2 If necessary, the seller instructs the logistics service provider commissioned with the delivery to only hand over the delivery to persons over 18 years of age and, in case of doubt, to have the identity card of the person receiving the goods shown for age control.
9. Notice on the sale of weapons
9.1 As a rule, the goods offered are decorative objects. This is marked accordingly.
9.2 The sale of weapons, especially firearms and ammunition, is strictly prohibited. Edged weapons are excluded from this, provided proof of age is checked by the seller. In this respect, the seller is obliged to ensure that evidence is obtained.
9.3 The seller and the operator reserve the right to pursue further processes to ensure safety when handling the goods.
9.4 The operator reserves the right to delete such offers at any time, even without prior notice, that give rise to doubts about the functionality and intended use of the goods.
10. Disclaimer of Liability
10.1 The provider does not become a contractual partner in the purchase contracts concluded between users.
10.2 The seller is liable in cases of willful intent or gross negligence on the part of the seller or a representative or vicarious agent, as well as in the event of culpable injury to life, limb or health in accordance with the statutory provisions. In addition, the seller is only liable for the culpable breach of essential contractual obligations (i.e., obligations the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which my contractual partner regularly trusts and can rely). The claim for damages for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless another of the cases listed above is also given.
10.3 The provisions of Paragraph 1 above apply to all claims for damages (in particular for damages in addition to the performance and compensation instead of the performance), regardless of the legal reason, in particular due to defects, breach of obligations from the contractual relationship or from tort. They also apply to claims for reimbursement of wasted expenses.
10.4 Subject to the preceding paragraphs, the operator is in particular not liable to the seller or the bidders of an auction that has been deleted or otherwise canceled by the operator due to violations of these conditions.
10.5 A change in the burden of proof to the detriment of the contractual partner is not associated with the above provisions.
10.6 The exclusion of liability applies accordingly to all possible claims of the user against the operator.
11. Liability for defects (warranty)
11.1 If the purchased item is defective, the provisions of statutory liability for defects apply, unless the seller regulates otherwise in his offer.
11.2 The buyer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the buyer does not comply with this and the buyer is a consumer, this has no effect on his statutory or contractual claims for defects.
12. Data protection
12.1 The operator collects and processes personal data of the user (in particular: names, contact details, bank details, order and contract data) for the purpose of carrying out the purchase and fulfilling the associated contractual obligations (in particular the transfer of data to the seller when a Purchase contract; the legal basis is Art. 6 Para. 1 b GDPR) and, if necessary, based on legitimate interests (Art. 6 Para. 1 f GDPR), e.g. B. when contacting the user for satisfaction surveys etc.
12.2 The data will only be passed on to third parties (e.g. authorities, debt collection agencies) if this is necessary for the implementation of the contractual relationship (Art. 6 Para. 1 b GDPR) or otherwise based on legitimate interests (Art. 6 Para. 1 f GDPR) of the operator is required or the operator is obliged to do so due to legal obligations (Art. 6 Para. 1 c GDPR in conjunction with the relevant legal regulation) or the user has consented to this (Art. 6 Para. 1 a GDPR ).
12.3 The data will be deleted if they are no longer required for the above purposes and if there are no statutory retention requirements (e.g. 10 years for invoices).
12.4 The user has a right to information about the personal data stored about him (Art. 15 GDPR) and, if relevant, a right to correction, deletion, restriction of processing and data portability (Art. 16 ff. GDPR). The user can also complain to a supervisory authority about data processing.
12.5 If the processing of data is based on legitimate interests (Art. 6 Para. 1 f GDPR), the user can object to the processing. In the event of an objection, the operator will no longer process the data unless he can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the user, or the processing serves to assert, exercise or defend legal claims. In the case of processing for advertising purposes, the processing is to be omitted regardless of any reasons in the event of an objection.
12.6 Further information can be found in the data protection declaration on the operator's website.
13. Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr.
13.2 This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.3 The operator and the respective seller are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
14. Final provisions
14.1 The operator reserves the right to temporarily or permanently block users who violate these conditions, even without prior warning.
14.2 Unless otherwise stated, the seller is the owner of all copyrights and trademark rights to the content used by him, in particular photos of the goods on offer. Any reproduction, including extracts, requires the prior written consent of the seller.
14.3 Paragraph 1 applies accordingly to all of the operator's content (e.g. website design, texts, etc.).
14.4 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods and excluding the reference norms of the conflict of laws. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.