The following general terms and conditions (GTC for short) apply to all business activities of greenANANAS (called auctioneer for short), in particular to exploitation on behalf of third parties.
1.)Every bidder, participant and buyer in our auctions unconditionally accepts the following general terms and conditions.
2.)Participation in the online auction is only permitted if the bidder registers with greenANANS as a user and accepts the terms and conditions.
o name
o First name
o date of birth
o Postal address
o mobile phone number
o Email address
The following applies to legal persons:
o Full company name
o The business address
o The natural person authorized to represent
o The UID = sales tax identification number
o mobile phone number
o Email address
The bidder is obliged to update the data immediately if the data is changed. Should damage or additional costs arise as a result of the bidder providing false information about his / her identity, the bidder must bear this.
3. Basically, the auction is carried out according to consecutive numbers. However, the auctioneer is entitled to make changes at short notice, not to auction positions or to combine positions. No guarantee is given for the actual offer of a position.
4. By submitting his / her bid, the bidder declares to have viewed the object to be auctioned and to be fully informed about its condition. Claims for damages against greenANANAS cannot be asserted due to the bidder's refusal to have viewed the item to be auctioned.
5. The auctioneer sells the objects in the condition in which they are at the time of the auction. The buyer acknowledges that any warranty is excluded and the auctioneer therefore accepts no liability for quality, condition, completeness, open or hidden defects, other damage, consequential damage or special properties. Technical data, year of construction, dimensions or weight are non-binding. All used items are worn according to their age. In the description of the position, such defects or signs of wear and tear are not specifically mentioned, which can anyway be determined by taking part in the inspection. The listings of the objects have been created carefully and to the best of our knowledge and belief.
6. In the event of gross errors, major technical problems on the day of the bid, the right of third parties to separate or other serious reasons, the auctioneer reserves the right to delete bids or surcharges for items or to remove or re-auction this item.
7. The buyer is aware that any complaint or warranty is excluded. By submitting his / her bid, the buyer (bidder) agrees to waive any contestation of the contract due to error, cunning, laesio enormis or causes etc.
8. The bidder acknowledges that the FAGG provisions do not apply to the public, transparent auctions of the auctioneer. The auctioneer grants the bidders the opportunity to participate personally in the auction and bid.
9. The auctioneer has the right to withdraw from the concluded contract if the items are lost during the ongoing auction process through no fault of his own (e.g. due to theft, third party surrender claims, etc.).
10. A legally binding purchase contract is concluded when the highest bidder and the auctioneer are accepted. The highest bidder is obliged to accept the purchased objects. If the bid is made by a person on behalf of a company or a third party, the bidder is jointly and severally liable for the undertaken obligation.
11. The award is made electronically, with the effective award being given to the highest bid that was placed at the given award time. If higher bids are received within the last 60 seconds before the award, the award time is extended by 60 seconds.
12. The auction objects are auctioned in their own name and for their own account or in the name and for the account of the respective owner. Details can be found in the respective auction.
13. Payment of the total claim must be made in cash, by PayPal or by bank transfer, after the end of the auction or at the latest when it is collected from the auctioneer. If this obligation is not adhered to, the object of purchase becomes again
auctioned. The first buyer is no longer permitted. He remains liable for the shortfall in proceeds. He has no claim to the additional proceeds. The auctioneer is entitled to assert a contractual penalty of 30% of the maximum bid placed.
14. Only after full payment will the auctioned objects be handed over, whereby the prices for each object are understood to be from the foundation or location, unmounted and unloaded. If the collection date is exceeded, the buyer is liable for all follow-up costs. If the obligation for timely collection is not met, the object of purchase can be auctioned again. The buyer is no longer admitted to the auction. He remains liable for the shortfall in proceeds, he has no claim to the additional proceeds. The auctioneer is entitled to assert a contractual penalty of 30% of the maximum bid placed. Storage costs if the collection date is exceeded: € 1.50 per m² and day.
15. Invoices issued during or immediately after the auction must be checked again due to the overloading of the accounting department, so that subsequent corrections are permitted. Changes to the invoice will only be processed after payment has been made and the goods have been picked up.
16. If, for whatever reason, the buyer has claims against the seller (e.g. contestation, compensation) or if the purchase contract is amicably dissolved or ceases to exist for other reasons, the right to the auction fee remains untouched. Likewise, the buyer bears all costs incurred with the original purchase such as travel, dismantling, removal, storage, return or return transport.
17. The purchase object is deemed to have been handed over to the buyer when the bid is accepted, whereby the liability and risk of accidental destruction, loss or damage are also transferred to the buyer. This also applies to the accessories. However, ownership is only transferred to the buyer after full payment (in the case of bank transfer: after the purchase price has been received in full on the greenANANAS account).
18. All hammer prices are plus 18% auction fee and plus 20% sales tax. This does not apply to objects subject to differential taxation, which are shown separately in the catalog. A one-time fee of 22% is added here.
19. The possibility of offsetting against claims of the auctioneer through any counterclaims by the bidder is expressly excluded.
20. The address details of the bidders and buyers are stored for the purpose of providing information about our future auctions and are used exclusively by the auctioneer.
21. Bankruptcy auctions are marked separately as such.
22. In the event of a technical malfunction of the web server or an error on the website, the auctioneer is not liable for the malfunction and its effects or foglen.
23. The submitted bids are binding, revocation is not possible. The bidder receives a confirmation by email when a bid is submitted or when the highest bid is exceeded. Such notification is not a surcharge. These
The bidder can deactivate notifications in his / her user settings.
24. In the event that a provision of these General Terms and Conditions is wholly or partially ineffective or should become ineffective, this does not affect the effectiveness of the remaining conditions.
25. The auctioneer can change these terms and conditions. The changes become effective through publication or notification to the user or bidder.
26. The auction object is deemed to have been handed over to the buyer when the bid is accepted, which means that liability and risk of accidental destruction, loss or damage due to fire, water, storm, vandalism, theft, burglary, etc. are transferred to the buyer - This also applies in particular to accessories. However, ownership is only transferred to the buyer after payment has been made in full (retention of title). Bought objects will only be handed over after payment has been received in full.
27. The auctioneer can set separate collection dates for individual items or, for organizational reasons, determine that a certain item can only be picked up after another. A separate collection date can be arranged with the auctioneer on request. A separate collection date can only be made with the prior agreement of the auctioneer; there is no entitlement to this.
28. In the event of default in payment, the buyer must reimburse the reminder fees incurred in the amount of a flat rate of € 10.00 plus postage for each reminder sent. In addition, all reminder and collection expenses as well as lawyer and court costs necessary for appropriate legal prosecution are to be reimbursed.
29. No liability is assumed for accidents during the viewing of the auction and collection. All visitors to the auction are liable for damage and accidents of any kind caused by them, even if only slightly negligently. The buyer is also liable for accidents, damage to foreign objects and buildings in the course of collection or dismantling.
30. By submitting his / her bid, the bidder declares that he / she is able to pick up / dismantle / transport the purchased items properly or, if he / she does not have the skills, a professional with the appropriate skills Authorization to commission the pick-up. The bidder is liable (in solidarity with the professional) for damage which - even if only slightly negligent - occurs during dismantling / collection.
31. The bidder - if he is an entrepreneur - waives the objection of the laesio enormis (§ 934 ABGB), both with regard to the basic transaction and the ancillary conditions.
32. Avoidance due to error is mutually excluded for the bidder. Furthermore, claims for damages against the auctioneer and his employees in the event of grossly negligent behavior are limited.
The place of jurisdiction and performance is Fürstenfeld. Austrian law applies. The UN sales law is expressly excluded.
