General terms & conditions of business
1. In general
In the following, we present to you the General Terms and Conditions of SO d.o.o. The terms and conditions apply to all customers, partners and other business customers, unless otherwise specified in the mutual agreement. Each business partner or customer can receive a copy of the "GENERAL TERMS AND CONDITIONS" in writing, otherwise the terms are published on the website general conditions . The customer's excuse that he does not know the "GENERAL TERMS AND CONDITIONS" is not taken into account.
We offer used products, older products, unsold inventories, liquidation items, legacies, collectibles, movable items. The offer is as presented on the website. Our offer is non-binding. Minor deviations and technical corrections in the offer are possible. Detailed technical data and physical appearance of items is possible via e-mail, telephone or in person at our headquarters by appointment. The product catalog varies according to the offer. The offer is valid until the stock is sold out.
3. Participation in Auctions and registration
Participation in auctions is possible only after receiving all the required information and user data.
For online auctions, access is possible via the title page of the auction house www.herberstein.si (NEW USER). The new user is obliged to submit various information that undoubtedly confirms his identity. Individuals submit their first name, last name, delivery address, telephone number and e-mail address. Legal entities submit the full name of the company, business address, information of the authorized person, tax number of the company, telephone number and e-mail address. In the event of a change in the data, the user is responsible for realizing and updating these changes. Any costs that may occur in entering incorrect information shall be borne by the user.
After reviewing the data, confirmation email or phone call of the applicant, where the identity is confirmed, the editor of the website decides to, or not to activate the user's account.
User account activation can be deactivated or blocked at any time by the editor, in case of violations of the auction conditions. Blocked users can no longer participate in auctions.
Lots are bid over the internet. The auctioneer (person who sells an item in auction) is prepared for sudden changes and does not participate in his own auctions. There is no guarantee of an actual successful auction.
The bidder confirms that he is aware of the situation and information regarding the subject when submitting the bid. Claims for compensation are not recognized. The bidder who offers the most at the end of the auction becomes the owner of the auctioned product when the item is fully paid.
The purchase agreement is concluded between the highest bidder and the Herberstein Auction House. The highest bidder is obliged to accept the purchased items. If the tender is made by a person on behalf of the company or a third party, the tenderer is liable.
5. Clause Seen - Purchased
The principle SEEN - PURCHASED applies to all products. Herberstein Auction House sells used items. Due to age and wear, the products may deviate from the original design. Technical and other items that require other factors to establish operation have not been tested by the Herberstein Auction House. There is no guarantee of operation. Products are sold as nonfunctioning unless otherwise stated in the description. In the case of online auctions, the bidder has the opportunity to review the products and find out the properties of the product before making a bid. Based on the viewing option, the bidder acknowledges that the Consumer Act does not apply to an online auction. If the bidder refrains from visiting, he cannot claim any damages against the Herberstein Auction House.
The items are sold in the condition as they are during the auction itself. In order for the client to be convinced of the condition of the actual object, it is possible to view and evaluate it before the auction, on a certain date. We advise that this be done before each purchase.
Various specifications of the item, such as weight, size, year of manufacture, mileage, accessories and the like, will be described to the best of our ability and knowledge, but are not binding.
The auction does not guarantee for items, special features, accessories, integrity, visible or hidden defects and other damages.
Any complaint is excluded. By submitting a bid, the bidder waives the complaint.
The auction items shall be auctioned in their own name and for their own account or in the name and on behalf of the owner concerned. Details are available at the appropriate auction.
All sales prices include an additional 15% of the auction cost and 22% of value added tax. Excluded from this are items taxed for the difference, these are shown separately in the catalog, which have a one time auction fee of 19%.
Buyers from countries that are not members of the European Union must pay VAT as a deposit. VAT shall be reimbursed immediately after the properly issued export proof has been submitted in due time. Deliveries to companies subject to VAT in an EU country may be made without VAT upon submission of a valid VAT identification number (UID number).
The purchase price must be paid in cash or debit cards at the store or by bank transfer.
If, for any reason, the buyer's claims against the seller arise (e.g. challenge, indemnity) or if the purchase contract is terminated by mutual agreement or for other reasons, the premium (15% or 19% of the auction fee) remains intact. In the same way, the buyer bears all costs incurred with the original purchase, such as travel, disassembly, removal, storage, return shipment or return transport.
8. Sending, retention and personal collection
The subject of the auction is submitted to the highest bidder. At the same time, responsibility and risk for accidental loss, loss or damage due to fire, water, storm, vandalism, theft and burglary are transferred to the customer - this also applies to accessories. The item is transferred to the buyer after full payment. Prices vary depending on the location and condition of collection (disassemble / unload).
The auctioneer may set dates for the collection of individual items or, for organizational reasons, specify that a specific item may be picked up for another date in agreement with the buyer. If operational matters allow, it may arrange for a separate takeover date upon request. The user is not entitled to a separate pick-up date of his choice.
In case of non-compliance with the announced pick-up dates, the buyer is responsible for all further costs (disassembly, outsourcing, storage costs). Storage costs are €1.00 per m2 of storage space per day plus VAT and must be paid in cash at the time of collection. The auctioneer has the right to retain the purchased properties until full payment of all fees incurred after payment.
If the buyer does not pay for the goods within 14 days, the Herberstein Auction House has the right to insist on fulfilling the contract or withdraw from the contract and recycle or resell the goods in their own ways. In the event of termination of the contract by Herberstein Auction House in the event of non-performance by the customer, the customer must pay at least 15% flat rate compensation for the full purchase price (price with surcharge plus 15% auction fee and 22% VAT). If the actual damage is higher, the buyer must reimburse the actual damage upon request.
In the event of late payment, the buyer will reimburse the costs incurred for the reminder in the amount of a lump sum of 6 EUR, - plus postage on the reminder. In addition, all costs of reminder and collection necessary for appropriate legal proceedings (e.g. attorney's reminders) should be reimbursed.
9. Title transfer
Title transfer of vehicles/machinery is only possible after consultation and in the presence of staff at auction or shop.
We do not take any responsibility for accidents during the viewing, auction and collection. All auction visitors are responsible for the damage and accidents they cause. The buyer is responsible for accidents, damage to third parties of objects and buildings during collection or disassembly.
Before taking over, the buyer declares that he has the expertise to disconnect / remove / take away purchased items professionally or if it does not have the ability, that he hires an expert with the appropriate authority for the job. Upon acceptance, the buyer is responsible (in solidarity with the expert) for the damage that occurs - albeit negligently - during disassembly / collection.
11. Legal basis
The parties agree that they will resolve any disputes related to the contract amicably, but if this is not possible, the court in Maribor is competent for resolving disputes.
12. Data protection
The data of bidders and buyers are stored for informational and advertising purposes in the company Auction House Second Option, but are not passed on to third parties. In the case of online auctions, each bidder agrees that its IP address will be stored until the final execution of the purchase contract and that it can be used in case of any discrepancies.
13. Salvatorious clause
If one or more of the Terms and Conditions are inconsistent with the applicable law or in any other way becomes invalid or ineffective, the remaining provisions shall remain unchanged. An ineffective provision shall be replaced by a valid provision that meets the objective as economically as possible.