MARS VLTOR - Your numismatic experts in Vienna. in 1010 Wien

1. Generally

1.1. General provisions.

1.1.1. The business branch of MARS VLTOR GmbH, Schwertgasse 2 / XIII, 1010 Vienna, FN 606028 v, is the trading and conducting of auctions with antiques and historical coins.

1.1.2. The conclusion of a purchase contract, a consignment contract and a commission contract, as well as participation in the public auctions of MARS VLTOR GmbH takes place exclusively under the following general terms and conditions (GTC). These terms and conditions apply to all business activities of MARS VLTOR GmbH.

1.1.3. Conditions that conflict with or deviate from the General Terms and Conditions will not be recognized unless they have been expressly agreed upon in detail.

1.1.4. By concluding a consignment contract for online auctions or a commission contract for sales on the business premises, as well as by placing a bid in an online auction or concluding a purchase contract on the business premises, the customer accepts the present terms and conditions of MARS VLTOR GmbH.

1.2. Place of performance, applicable law, place of jurisdiction.

1.2.1. Place of performance is Vienna.

1.2.2. Only Austrian law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

1.2.3. The place of jurisdiction is agreed to be the court with local and material jurisdiction for Vienna. This agreement only applies to consumers within the meaning of the Consumer Protection Act if they have neither a place of residence nor a habitual abode in Austria.

1.3. Data protection.

1.3.1. MARS VLTOR GmbH will not disclose personal data without the consent of those affected, unless there is a legal obligation to provide information or claims to the object of sale are asserted by a third party. If claims are asserted by a third party on the object of sale, regardless of the title, MARS VLTOR GmbH is entitled to claim against this third party

a) the data of a legal deposit made or intended in accordance with these terms and conditions in conjunction with Section 1425 ABGB and/or

b) to disclose the personal details (name, address, telephone number, etc.) of the person who brought the item in question.

1.3.2. MARS VLTOR GmbH is entitled to collect, process, store, and use the data provided by the consignor for accounting purposes. This data is used by MARS VLTOR GmbH to comply with legal regulations and to process payment transactions. The consignor hereby expressly agrees to the sending of advertising material by MARS VLTOR GmbH. These consents can be revoked at any time in writing, by fax or by email.

1.3.3. Anyone who provides an incorrect name or address, telephone number, fax number, or e-mail address or does not notify of subsequent changes must bear the resulting damage themselves or compensate MARS VLTOR GmbH. Deliveries to the last announced address are deemed to have been made effectively even if the person making the delivery is not or no longer at that address.

1.4. Money laundering.

1.4.1. Due to the regulations of the European Union to prevent and combat money laundering (Directive 2015/849/EU and BGBL I No. 95/2017), there is a legal obligation to provide identification when paying cash for purchase prices of EUR 10,000.00 or more.

MARS VLTOR GmbH expressly reserves the right to request identification (official photo ID) in other cases.

1.4.2. The contractual partners/customers are obliged to fully support MARS VLTOR GmbH in fulfilling the legal obligations and to provide the necessary documents.

1.5. Value-added tax.

1.5.1. The sales tax to be paid by the buyer is subject to the differential taxation according to § 24 UStG: The buyer pays a gross premium of 20% on the hammer price, which includes the statutory sales tax of currently 20%.

1.5.2. Foreign traders from countries of the European Union will not be charged any sales tax (= intra-community tax-free delivery) upon presentation of a valid sales tax identification number (§27 a UStG) and the other requirements in accordance with Section 4 No. 1b UStG in conjunction with Section 6 a UStG. The premium is 20%.

1.5.3. Foreign buyers from third countries pay a premium of 16% on the purchase or hammer price for all objects purchased at the auction.

1.6. Description.

1.6.1. All auction items offered are sold as genuine and as described.

1.6.2. The images of the auction or sale objects are part of the description, but in cases of doubt, the text takes precedence.

1.6.3. The description is created with the necessary care and conscientiousness by an expert from MARS VLTOR GmbH, both for sales/auctions in one’s own name and for commission sales. The description is based on the subjective beliefs of the reviewers. Your information, even if it was provided in advance of a sales order, does not represent a guarantee of a specific property or a specific value. MARS VLTOR GmbH assumes no liability for information in this context.

The classification of the coins, the starting prices in online auctions, and the information about the grades were strictly based on the grades usual for the European coin trade and are considered a personal assessment. MARS VLTOR GmbH assumes no liability for the description.

2. Online auctions

2.1. Registration.

2.1.1. In order to place a bid (pre-bid or proxy-bid), the auction house MARS VLTOR requires registration via the online platform biddr.com, where our live auctions also take place. Pre-bids are also possible on the platforms: (www.numisbids.com, www.sixbid.com).

The bidder is obliged to provide complete and truthful information necessary for unequivocal identification and contact. Natural persons must, in particular, provide their last name, first name, postal address, mobile phone number, and email address. For legal entities, it is particularly necessary to provide the full company name, business address, the natural person authorized to represent you, the VAT identification number, as well as the mobile phone number and email address.

2.1.2. MARS VLTOR GmbH assumes no liability for disruption of the online auction, non-execution of a live bidding bid, or for errors in connection with the provisions under 2.1.1. mentioned websites.

2.1.3. In the event of a change to the registration data, the bidder is obliged to update it immediately. A change of address is not possible during an auction in which the bidder is bidding. The bidder must bear any damage or additional costs that arise as a result of the bidder providing false information about his or her identity.

2.1.4. MARS VLTOR GmbH reserves the right to refuse individual bidders the activation for an online auction or the activation of bid submissions without giving reasons.

2.1.5. Participation of bidders under the age of 18 in the auctions is not permitted.

2.2. Auction, surcharge, and commission.

2.2.1. The sales proceeds to which the consignor is entitled in the event of a successful auction are determined by a separate agreement (consignment contract). The starting price is 80% of the estimated price or the auctioneer’s personal estimation.

2.2.2. The starting prices are minimum prices that cannot be fallen below. If the minimum price is not reached, there will be no surcharge.

2.2.3. The auction by MARS VLTOR GmbH can be carried out in its own name or on a commission basis. MARS VLTOR GmbH reserves the right, for important reasons, to withdraw any object from the auction, to the award of the contract, or to change descriptions and prices.

2.2.4. Every bid made by the customer in the auctions represents a binding offer to conclude a purchase contract. This is valid until a higher bid (overbid) is submitted or the auction is closed without a knockdown being awarded.

2.2.5. By winning the bid, a binding contract is concluded between the highest bidder and MARS VLTOR GmbH. The highest bidder is obliged to accept the purchased objects and to pay the hammer price, plus auction fee and sales tax. If the bid is made by a person representing a company or third party, the bidder is jointly and severally liable for the obligation assumed.

2.2.6. The highest bid is a net price within the meaning of the sales tax law. Based on this calculation basis, the buyer also owes the commission and statutory sales tax in accordance with point 1.5.

2.2.7. There is no legal right to activation for an online auction. MARS VLTOR GmbH also assumes no liability for the failure to reach live bidding bids, for the inability to execute live bidding bids, or for any other errors or omissions in connection with live bidding bids.

2.2.8. MARS VLTOR GmbH is entitled to accept bids submitted by well-known customers by email, post, or telephone. MARS VLTOR GmbH reserves the right to request a recommendation or a deposit for bids from unknown customers.

2.3. Warranty and right of withdrawal.

2.3.1. The items are sold in the condition in which they are at the time of the auction. Please note the description according to point 1.6.

2.3.2. Bidders have the opportunity to view the auction item by arranging an appointment at the MARS VLTOR GmbH business premises and to find out about the condition of the item.

2.3.3. After the bid has been accepted, no complaints regarding quality and description can be made.

2.3.4. According to Section 18, Paragraph 3 FAGG, consumers have a 14-day right to withdraw from contracts concluded as part of public auctions conducted online.

2.3.5. Exercising the right of withdrawal requires a clear written declaration by letter or email.

2.3.6. No liability is accepted for SLABS (coins sealed in plastic holders from grading companies), not even for hidden defects. There is also no guarantee of authenticity for SLABS, as the coins cannot be checked by the auction house MARS VLTOR GmbH.

2.3.7. MARS VLTOR GmbH has the right to withdraw from the concluded contract if the items are lost during the ongoing auction process through no fault of their own (such as theft, successful claims for return by third parties, etc.). In this case, all mutual performance obligations cease to apply.

2.4. Payments.

2.4.1. The total fee to be paid is summarized in detail before a bid is submitted, including the auction fee and sales tax, so that the bidder is clearly and understandably informed about the total price when submitting the bid. All amounts listed are given in euros.

2.4.2. The purchase price, including buyer’s fee, must be paid within 10 days of the winning bid.

2.4.3. In case of late payment, 1% interest per month will be charged.

2.4.4. The purchase price can be paid via online transfer, PayPal, credit card, or cash when picking up the goods in person. When paying by PayPal, the buyer bears the financial transaction fees charged by the credit institution, which amount to 5,5% of the invoice amount and are passed on directly to the buyer. If the buyer uses his credit card, we the the extra charge is 4%. For cash payments over EUR 10,000.00, an official photo ID must be presented (see point 1.4.1.).

2.4.5. If the purchase price is not paid within the specified period, the object in question can be auctioned again with a grace period in accordance with Section 918 ABGB. The highest bidder is personally liable to the auctioneer for the damage in accordance with Section 918 ABGB, but is not entitled to additional proceeds.

2.5. Handover, retention of title, complaint.

2.5.1. Ownership only passes to the buyer after full payment has been made (retention of title).

2.5.2. Auctioned objects will only be delivered after full payment has been received. When sending auctioned objects to consumers, Section 7b KSchG also applies.

2.5.3. If export licences are required for the dispatch of articles, the auction house MARS VLTOR GmbH will endeavour to assist the client in obtaining such a licence. Applications for export licences are usually approved by the competent Austrian authorities within approximately 2–4 weeks.

MARS VLTOR GmbH, however, cannot influence the duration of the procedure.

2.5.4. The auction goods will be shipped to the delivery address provided by the customer.

2.5.5. The goods are dispatched under the following conditions and costs:

Austria – UPS, Austrian national post, 10 EUR.

Within the European Union, 20 EUR (UPS, FEDEX, or Austrian national post).

Worldwide: 30 EUR. (UPS, FEDEX, or Austrian national post).

*All prices above are without insurance and are at the buyer’s risk.

*MARS VLTOR GmbH offers a shipment with insurance with UPS with an additional cost of 13 EUR for orders of 80-1000 EUR and 1% additional for orders of 1000 EUR and up.

2.5.6. If the buyer does not collect or accept the goods despite setting a reasonable grace period, the auctioneer is entitled to either insist on fulfillment of the contract or to withdraw from the contract and use the goods elsewhere.

In this case, the bidder is liable for the shortfall in proceeds if he is at fault.

2.5.7. If you take delivery of the goods in person, any complaints regarding, damage, quality, or incorrect description must be made immediately; otherwise, any possibility of complaint will be forfeited.

2.5.8. If shipped goods do not arrive at the buyer within one month of dispatch or are damaged, the buyer must notify MARS VLTOR GmbH immediately. If the buyer does not comply with the notification obligation or does not comply with it promptly, he is not entitled to compensation. Complaints must be reported immediately in the event of shipping and can generally only be recognized as legitimate if the objects complained about are still in the condition delivered by MARS VLTOR GmbH.

2.5.9. MARS VLTOR GmbH is entitled to refuse to accept items without giving reasons.

2.5.10. The risk of loss or damage to the goods only passes to a consumer when he or a third party authorized by him to receive them has taken possession of the goods. The buyer should cover the costs for an unsuccessful delivery, unless they inform the auction house prior to the shipment, giving a reasonable reason.

2.5.11. The buyer must inform himself about national import regulations.

Any fees and charges payable abroad are borne by the buyer, who is responsible for acquiring the necessary information on any applicable customs and foreign exchange regulations. The Auction House accepts no liability for any contraventions of such regulations.

2.5.12. MARS VLTOR GmbH is only liable for damages caused by the MARS VLTOR GmbH or third parties related to the auction house intentionally or through gross negligence. This does not apply to personal injuries, body and health damages, or diseases.

3. Sale of business premises

3.1. Sales order and takeover note.

3.1.1. Upon takeover, MARS VLTOR GmbH creates a list of the items taken over. After the takeover, the consignor receives a takeover certificate. By issuing the acceptance certificate, the consignor agrees to the terms and conditions of sale, the agreed sales price, and the description of the item.

3.1.2. The payment of the sales proceeds and the return of unsold objects takes place against the identification (official photo ID) of the consignor and the handover of the takeover certificate.

3.1.3. If the takeover certificate is lost, MARS VLTOR GmbH can make the service dependent on the legal declaration of the takeover certificate being invalid.

3.1.4. MARS VLTOR GmbH is entitled to refuse to accept items without giving reasons.

3.2. Provision and storage.

3.2.1. Items that are handed over or sent for sale but whose acceptance is refused, or items that are not sold, will be stored at the consignor’s expense and risk and against storage fees. If such items are not picked up by the consignor within 14 days of a request, MARS VLTOR GmbH is entitled to send them back to him at his own expense and risk, or to store them with third parties.

3.3. Commission.

3.3.1. The sales proceeds to which the contribution is due in the event of a successful sale are determined by a separate agreement (commission agreement).

3.3.2. The gross sales price determination and description are left to MARS VLTOR GmbH.

3.4. Items left unsold.

3.4.1. MARS VLTOR GmbH is entitled to return items that could not be sold under the agreed conditions to the consignor at his own expense and risk without further notice or to store them at his own expense and risk or, with the consent of the consignor, to reduce the sale prices.

3.5. Payment.

3.5.1. The purchase price is due for payment immediately upon conclusion of the contract.

3.5.2. The handover and transfer of ownership of the purchased objects only take place after full payment of the purchase price, including all interest, fees, costs, and expenses.

3.6. Payment of sales proceeds.

3.6.1. The consignor can collect the sales proceeds (purchase price less all taxes, duties, remunerations, copyright claims, commissions, any costs, advances, and interest, etc.) 60 days after the day of sale. MARS VLTOR GmbH has the right to pay out the sales proceeds to the consignor at an earlier point in time.

3.6.2. If several items have been handed over, partial payments for individual items that have already been sold can also be made by the consignor in accordance with the previous paragraph to the extent that sufficient coverage remains for all claims of MARS VLTOR GmbH, regardless of the legal basis.

3.6.3. If the buyer files a complaint, MARS VLTOR GmbH is entitled to temporarily suspend payment to the consignor until the complaint has been finally resolved.

3.6.4. If there is a justified complaint from the buyer, MARS VLTOR GmbH is entitled to refuse to pay out the sales proceeds to the consignor in whole or in part or to demand the return of any sales proceeds that have already been paid out in whole or in part.

3.6.5. When the sales proceeds are paid out, a statement will be sent to the consignor.

3.6.6. The sales proceeds can also be transferred to the consignor via banking transactions in accordance with the previous provisions at the consignor’s sole expense.

3.6.7. The objects which come under the hammer are auctioned on behalf of a third party or are property of the Auction House. The buyer (successful bidder) has no entitlement to have the identity of the consignor disclosed to them and acknowledges that the Auction House might receive a commission from the consignor for the sale.

3.6.8. MARS VLTOR GmbH reserves the exclusive right to use photographs and other representations of objects sold at auction, for promotional purposes, in its own publications and on its website.

MARS VLTOR GmbH
Schwertgasse 2/13
1010 Vienna
Austria

Tel: +43 665 6712 2626
Email: info@marsvltor.com
Web: www.marsvltor.com

UID: ATU79527558