General Trading Conditions
Terms and Conditions of Labstribute GmbH Effective Date: December 2024
General Terms and Conditions
A. General Provisions
General Information
Labstribute GmbH organizes online auctions for used chemical, clinical, and other equipment and devices. Labstribute GmbH operates a platform on the website www.labstribute.com for the interactive online distribution of such items. Items for sale are offered on this platform in the form of "online auctions." Sales conducted via the online platform are organized directly by Labstribute GmbH.
These General Terms and Conditions (hereinafter referred to as "GTC") govern the general provisions for physical auctions organized by Labstribute GmbH, as well as sales conducted via the online platform. They regulate the legal relationships between Labstribute GmbH (hereinafter referred to as "Auctioneer"), consignors (hereinafter referred to as "Consignors" or "Sellers") of the items offered for sale (hereinafter referred to as "Items"), and individuals submitting bids or offers for the Items (hereinafter referred to as "Participants" or "Buyers").
Additional specific terms and conditions (hereinafter referred to as "Special Conditions") may apply to individual auctions or sales. These Special Conditions supplement and/or deviate from these GTC. In case of doubt, the Special Conditions take precedence.
The Auctioneer assumes no liability for the accuracy of descriptions, photographs, or any indicated original prices of auction items.
The Auctioneer may amend these GTC at any time with future effect. Changes become effective upon notification to the Participants.
Participation in Online Sales (Online Auctions)
Participation is exclusively open to commercial entities. To participate in sales via the online platform (online auctions and trading), Participants must register on the platform by providing a valid VAT identification number. Registration is free, and access to the platform is granted through the issuance of a username and password.
There is no entitlement to registration. The data provided during registration must be complete and accurate. Registration is only permitted for legal entities, partnerships, and natural persons with full legal capacity. Minors are explicitly prohibited from registering. The Auctioneer reserves the right to revoke registration in case of false information or misuse. Participants may withdraw their registration at any time.
Participants identify themselves on the platform using their username and password. They are responsible for maintaining the confidentiality of this information to prevent unauthorized use of the platform.
By registering, Participants authorize the Auctioneer to collect, store, and use their data and to publish their username in connection with sales on the platform. Participant data will be stored and used solely for processing transactions conducted via the platform and for platform operation.
Bids (online auctions) or offers (trading) can only be submitted by registered Participants who have accepted these GTC. By submitting a bid or offer, Participants confirm that they have reviewed and accepted any Special Conditions applicable to the specific sale, as accessible on the platform.
Unless otherwise agreed, the Auctioneer handles the collection of technical data, creation of digital photographs on-site, assessment of Items, price estimation, and specialized advertising in trade journals. If the Consignor lists Items independently, the aforementioned services are not provided.
When an online auction is listed, the Consignor grants the Auctioneer exclusive marketing rights for the auction duration plus any applicable reservation period. Changing the sales format is not permitted while valid bids or offers exist for the Items. If the Auctioneer has a general disposal mandate from the Consignor, the Auctioneer has the exclusive right to select the appropriate sales format.
Deposit/Bank Confirmation
The Auctioneer reserves the right to admit Participants only after a deposit or other security is provided. Following the auction or trading, the Auctioneer is entitled to retain the deposit or security if claims against the Participant arise from or in connection with the auction. If no claims exist, the deposit or security will be refunded.
For auctions with a minimum bid (starting price) of at least EUR 5,000.00, participation requires a bank confirmation of the Participant's creditworthiness.
B. Special Provisions for Auctions
Auction
Auctions are conducted in the name and on behalf of the Consignor. The Auctioneer is not a contracting party to any purchase contract concluded by auction but facilitates the contract directly between the Consignor and the Participant. The Auctioneer organizes and conducts the auction and receives a commission of 18% of the net purchase price from the winning bidder. Special Conditions may stipulate a different commission rate. If a lot does not sell due to a minimum price, the Consignor owes the Auctioneer a fee of EUR 150.00 plus VAT per lot as compensation for lost commission.
Auction schedules and deadlines (start, end, handover, collection) for online auctions are available on the platform. The Auctioneer reserves the right to terminate or extend an auction prematurely.
In live auctions, schedules and deadlines are available in the auction announcements, catalog, and online platform. The Auctioneer may change the order of items, split or combine numbers, or withdraw items.
Bids must be unconditional and binding. Withdrawal of bids is not permitted. Bids exclude VAT and commission. The Auctioneer may reject bids without providing reasons.
Minimum bids (starting prices) are set by the Auctioneer. For identical bids, the first bid received takes precedence.
Items
In online auctions, the Auctioneer may auction individual Items or block lots (combinations of multiple Items under one auction number). Auctions for block lots proceed in two steps:
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Individual Items are auctioned, with the condition (pursuant to Section 158(1) of the German Civil Code) that they may be sold as part of a block lot.
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Block lots are then auctioned. If no bids are received or accepted for block lots, individual sales are finalized.
For block lot bids to prevail, they must exceed the sum of individual bids by at least 10%. Special Conditions may specify a different percentage.
The Auctioneer may reconfigure block lots, withdraw lots, or separate existing blocks until the auction concludes.
Acceptance and Purchase Contract
A purchase contract for an Item is concluded upon acceptance of the bid. In online auctions, acceptance is automated, and the winning bidder is notified by email. Generally, the highest bidder within the bidding period wins the item.
The Auctioneer may exclude participants, reject bids, or correct errors in bids or acceptance. Acceptance may also be conditional.
If acceptance is conditional, no purchase contract is initially formed. The highest bidder remains bound to their bid for seven calendar days (unless otherwise specified in the Special Conditions). During this period, further bids may be submitted. If the condition is not lifted within this period, the acceptance is deemed invalid.
In case of disputes about bid validity, the Auctioneer decides definitively. Participants agree to abide by the Auctioneer’s decision.
C. Additional General Provisions
Set-Off and Representative Liability
A Participant bidding or offering on behalf of a principal is personally liable alongside the principal as a primary debtor. Participants may only offset claims that are undisputed or legally established.
Warranty
As purchase contracts are concluded exclusively between Sellers and Buyers, the Auctioneer provides no warranty for the Items. Items are sold "as-is" with visible or inspectable defects. No specific qualities are warranted, and the Seller disclaims all guarantees.
Information on the platform or in catalogs is non-binding and based on the Seller’s data. The Auctioneer is only responsible for accurate transmission, not for the substantive accuracy of such information.
Liability
The Auctioneer is not liable for statutory compliance in contract execution, which rests with the contracting parties. The Auctioneer’s liability is limited to intentional and grossly negligent acts or omissions by its legal representatives, executives, and agents.
In cases of minor negligence, the Auctioneer is only liable for injury to life, body, or health or for breaches of essential contractual obligations ("cardinal duties"). Liability for cardinal duties is limited to foreseeable damages typical for the transaction.
The Auctioneer is not liable for internet-related issues beyond its control.
Final Provisions
If the Buyer is a merchant or a legal entity under public law, the exclusive jurisdiction for disputes is Munich, Germany. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The EU Commission’s platform for online dispute resolution is available at https://webgate.ec.europa.eu/odr.
Labstribute GmbH Laboratory Auctions Bruckstraße 58, 72393 Burladingen, Germany
info@labstribute.com