In order to conclude contracts in e-commerce transactions, the entrepreneur has to provide the customer with the following information under Sect. 312g) of the German Civil Code [BGB] in conjunction Art. 246 clause 3 EGBGB:
1. information on each of the technical steps leading to the conclusion of a contract;
2. whether the entrepreneur will be storing the wording of the contract after it has been concluded, and whether the customer can access the text;
3. how the customer, using the technical means provided in accordance with Sect. 312g) (1) clause 1 no. 1 of the German Civil Code [BGB], can identify and correct input errors before sending off the order or bid;
4. about the languages available for concluding a contract; and
5. about all the relevant codes of conduct to which the entrepreneur has committed itself, and ways of gaining electronic access to these rules.
Further explanations are given below about these requirements in relation to your contractual relationship with us:
With reference to 1.
The presentation of the products at www.fine-art-auctions.de does not constitute a binding offer, instead of which it is an online catalogue without obligation.
Before first making a bid, you have to register once, fixing your user name and password. During registration you can see what information definitely has to be given; other particulars are voluntary.
If you want to make a bid for an item, you can enter the biggest sum you would spend on it under 'Please enter your maximum bid'. This sum will be used up to the amount required in order to outbid all other bids. You can find out what amount this is at any time under 'My bids & auctions' -> 'My bids'.
After clicking on 'Go' (in doing this, you are not yet submitting a bid), you are presented with details about the item, your user name and billing address in the event of your making a purchase, information about the seller and about ways of dispatch and means of payment, and links to our 'General Terms of Business', 'Notes for Consumers on the Duty to Supply Information Ordinance of the German Civil Code [BGB-Informationspflichten-Verordnung, BGB-InfoV]', 'The Duty to Supply Information for Concluding Contracts in e-Commerce Transactions' and our 'Cancellation Policy'. (You can also find these provisions - partly impersonalised - at any time at www.fine-art-auctions.com/terms.php).
If everything is correct and you agree to the terms given, please click on 'Confirm Bid'. If at this moment you are the highest bidder, you will receive the message: 'You bid of EUR ___ on [item] has been successfully processed'. Otherwise you will be informed that your bid is not enough to make you the highest bidder, in which case you may increase your bid. If you are outbid later on, you will automatically be notified by email, but please always be sure to check regularly at 'My bids' as well, because the receipt of emails and the time they take cannot be guaranteed.
You can stop your bidding procedure at any time before sending confirmation, simply by not clicking on 'Confirm Bid'.
If you are the highest bidder when the auction closes, a purchase contract is brought about between yourself and the seller. You will be sent a bill, and you can decide how you want to pay for the item and how you want it sent. We offer the following options:
You can pay the invoiced amount by bank remittance. You may also pay by credit card on providing your credit card details. There is a limit here of EUR 5,000. In addition, fees totalling 5% of the invoiced amount are charged for payment by credit card. After payment has been made, the item will be sent to you insured.
You can tell us if you want to collect the item. You can then choose whether you want to collect it by prior arrangement in Hamburg, Berlin or Munich. When you fetch items, you may also pay the bill in cash.
With reference to 2:
The wording of the contract is stored. You can store the general contractual terms and access them on this page at any time. You have the possibility of copying your bidding data and printing it out for your files. During the course of an auction, you can check your latest bids at 'My bids & auctions' -> 'My bids'.
With reference to 3:
In case you want to alter your master data, a link to 'Edit my data' is also provided before you confirm a bid. This button opens a new window where you can change your data. After closing this window again, you can continue bidding procedure. You will find this link all the time in the right-hand column.
With reference to 4:
Contracts can be concluded in German and English.
With reference to 5:
You can find information here about each seller's membership in various bodies, and whether the seller has committed itself to any code of conduct, etc.
