Imprint

Rules of procedure of Bargello Pfand GmbH

Authorization

§ 1. Mr. Robert Bargello (hereinafter referred to as "business owner" for short) grants loans in cash against pledging of movable property in accordance with the provisions of the trade regulations in the currently applicable version.

Preservation of business secrets, identification

§ 2. (1) The business owner must protect the interests of the pledger. The employees and experts of the business owner are obliged to maintain the strictest confidentiality with regard to the person of the pledgee and the data disclosed by him in accordance with § 155 of the trade regulations as amended in 2002.
(2) The pledger is required to provide identification if he offers objects for pledging for which there are justified concerns about the legality of possession or the right of disposal. If a criminal act is suspected, the security authority must be notified as quickly as possible.

Pledging by minors / opening times

§ 3. (1) Pledges may not be accepted from persons under the age of 18, even if they are only acting as messengers.
(2) The opening times applicable to the loan are to be published at the business premises by means of a notice.

Surrender of pledges accepted in good faith

§ 4. (1) If objects are pledged without the knowledge and will of the owner and have been taken over by the business owner in good faith, the business owner is only obliged to surrender such pledges within the framework of the statutory provisions.
(2) When surrendering illegally pledged items, the business owner can waive the compensation in whole or in part in cases worthy of consideration.

Acceptance and rejection of pledges

§ 5. (1) Movable items of all kinds can be accepted as pledges, with the exception of the items listed in § 6.
(2) Incidentally, the business owner can reject any application for lending without giving reasons.

Items excluded from lending

§ 6. The following are excluded from the lending:
a) Items whose lending is not permitted due to legal provisions. This includes in particular: 1. military weapons and prohibited weapons, 2. pawn certificates, 3. cross particles and relics, but not their containers, 4. medals and other awards that are subject to restitution, unless proof of ownership is provided;
b) objects which, according to the circumstances of the case, arouse the suspicion that they have been stolen, embezzled or smuggled, as well as all objects disclosed as alienated by official notifications;
c) Items that have been sold or loaned against retention of title and are marked in accordance with an agreement made with the business owner, unless the consent of the owner can be proven;
d) Items that cannot be accepted for sanitary or other reasons, such as explosive, caustic, easily inflammable, infectious or radioactive substances, gases and the like.
e) Items of which the pawnbroker knew or should have known that they were lost, forgotten, left behind or illegally confiscated from their rightful owner, as well as securities.

Assessment of the loan

§ 7. (1) The amount of the loan is determined by the business owner's expert. Because of the possibility of expiry and subsequent utilization of the pledge, including all fees, the loan is regularly set lower than the value of the pledge.
(2) Due to the determination of the loan and the insurance value (Section 29 (2)), the business owner cannot be held liable by third parties for a certain value of the pledged item. The pledgee is free to take a loan that is less than the value of the pledge, provided that it is not below a minimum amount set by the business owner.

Loan via correspondence

§ 8. A loan can also be carried out via correspondence when sending in the pledged item. The pawn certificate is sent at the expense and risk of the pledger.

Pawnbook

§ 9. (1) Every loan is to be recorded in the pawnbook.
(2) The pawnbook must contain the following information for each business case:

- the date of the loan;
- the current deposit number - in the case of transfers, the previous deposit number;
- the description of the deposit;
- the amount of the loan;
- the amount of any excess amounts or loan repayments;
- the insured value if it exceeds one and a half times the loan;
- the date of release, implementation or delivery for recovery;
- the assignment and authorization by the appraiser and / or the business owner's body entrusted with taking over the pledge and issuing the pawn certificate.

(3) The pawnbook can also be kept in electronic form or in the form of loose sheets that are subsequently bound, or in card form. The hardware and software used to keep automated pawnbooks must ensure that the stored data can be printed out at any time.
(4) Separate pawnbooks are to be kept for jewelery, gold and silver goods.
(5) Entries in the pawnbook must be legible and permanent. The pawnbook is to be kept in a safe place.
(6) The pawnbooks must be kept for at least 7 years from the end of the calendar year in which the last entry was made.

Pawn Certificate

§ 10. The pledgee must be issued a pledge for each loan. The data on the pawn certificate must match the entry in the pawnbook. In any case, the pawn certificate must contain:

1. Company and address of the lending office;
2. the current deposit number;
3. the lending date and expiry date (term);
4. the description of the deposit;
5. the loan amount;
6. the insured value if it exceeds one and a half times the loan;
7. the reference to these terms and conditions, in particular to the provisions on the sale of forfeited pledges;
8. and the provisions for determining the amount of fees and interest;
9. the reference to the prohibition of the commercial purchase and commercial lending of pawns.

§ 11. Complaints against entries on the pawn certificate must be submitted immediately upon acceptance of the pawn certificate, if otherwise excluded. By accepting the pawn certificate, the pledgee declares that he is in agreement with the pledge provisions in accordance with these terms and conditions. The pawn loan agreement is thus concluded.

§ 12. The utilization of all rights from the pawn loan contract, such as release, implementation (prolongation), elimination of any excess liquidation, is bound to the presentation of the pawn certificate. The bearer of a pawn certificate is considered to be entitled to dispose of the pawn, but the business owner can request proof of his entitlement to dispose.

Redemption

§ 13. The redemption of a pledge takes place against payment of the pledge loan and the respective fixed fees, such as loan interest, manipulation fee, place fee, withdrawal fee (applies to the withdrawal of the deposit) as well as all expenses (referred to in these terms and conditions as fees) after expiry.

Tariff

§ 14. The type and amount of the fees as well as the provisions on their collection are set in a fee tariff and announced by posting in the business premises of the business owner. If the fee tariff changes with the approval of the trade authority, the changed fee rates only apply to those business cases that were concluded after the change came into effect.

Acceptance of redeemed pledges

§ 15. (1) Redeemed pledges are to be accepted immediately and removed; otherwise they are stored at the expense and risk of the pledgee.
(2) Redeemed pledges that are not accepted and removed within one year can be used for the account of the pledgee.

§ 16. Redeemed pledges are to be checked for completeness and lack of defects immediately upon acceptance.

Redemption via correspondence

§ 17. Pledges can also be redeemed via correspondence by sending the pawn certificate, the loan amount and all fees. The dispatch takes place at the expense and risk of the pledgee; there is no redemption against cash on delivery.

Implementation (prolongation)

§ 18 (1) The term of a pledge can be extended at the request of the pledgee against taking back the old one and issuing a new one and against payment of the fees provided for this (conversion, prolongation).
(2) Implementation can be rejected by the business owner without giving reasons or made dependent on a part of the loan being paid off. The rejection of the implementation is inadmissible during a judicial annulment procedure or a reservation procedure.

§ 19. (1) The pledger can make payments from the loan during the implementation. However, the remaining loan must not fall below the minimum amount set by the business owner.
(2) Upon request of the pledger, with the approval of the expert, an additional amount over and above the original loan can be granted during implementation. If the pledge is divisible, parts can be released against payment of the proportion of the loan and fees corresponding to the respective part.

Implementation via correspondence

§ 20. Pledges can also be implemented via correspondence by sending the pawn certificate and the corresponding fees. The dispatch of the new pawn certificate takes place at the expense and risk of the pledger; There is no implementation against cash on delivery.

Expiry and utilization of the pledges

§ 21 (1) Pledges that are not redeamed or implemented by the expiry date noted on the pawn certificate are forfeited and will be utilized after an appropriate period of grace after the property has expired, but no earlier than six weeks.
(2) This utilization takes place by auction. If a deposit remains at the auction without an offer, it can also be sold over the counter.
(3) The whereabouts of the pledges submitted for utilization as well as its result must be verifiable through the business books at all times.

§ 22. The number groups of the pawn certificates of the forfeited pledges to be utilized are announced externally every month. The intended utilization will be announced in the "Amtsblatt der Wiener Zeitung" or in the local newspaper to be determined by the district administrative authority.

§ 23. The forfeited pledges are revised by an expert from the business owner before they are utilized; here, the starting prices or, in the case of pledges that are to be used over the counter, the sales prices are set by adding the collectively agreed buyer and seller fees as well as sales tax to the utalization value of the item at this point in time. Pledges that consist of several parts can be used in parts.

Redemption and implementation of forfeited pledges

§ 24. (1) Forfeited pledges can generally be redeamed or transferred at the latest on the last business day prior to utilization during the opening times set for this purpose.
(2) On the day of the utilization, a redemption or implementation can only be approved by the management of the exploiting office in cases worthy of consideration.

Date of utilization, return of pledges

§ 25. The pledgee has no right to have his expired pledge utilized at a certain place or day. At his request, however, in exceptional cases the utilization can be suspended for as long as the business owner agrees.

Utilization of expired pledges

§ 26. (1) The auctioning of forfeited pledges takes place in accordance with the provisions of the General Terms and Conditions of Sale of the Business Owner.
(2) The fees set for the pledgee and for the buyer or purchaser will be taken into account for the execution of the auction or other utilization.

Surplus of loans

§ 27. In the case of the utilization of an expired pledge, the pledgee is entitled to the excess remaining after deduction of the pledge loan including all fees.

§ 28. Excess pledges are to be rectified within 5 years after the sale of the forfeited pledge. However, the business owner is entitled to pay out the surpluses to the pledger until the expiry of the absolute limitation period (§ 1478 ABGB). The surrender of surplus deposits does not expire; these must be deposited in court after 5 years.

Compensation, insurance

Section 29. (1) The business owner insures the pledges against fire, burglary and, if necessary, against transport damage.
(2) Unless otherwise stated on the pawn certificate, the insured value is one and a half times the loan.

Loss of a pawn certificate, reservation procedure

§ 30. (1) If a certificate is lost, the pledgee must immediately notify the business owner and, if so requested, the security authority, verbally or in writing, of the loss. The loss bearer must provide the data regarding the lost pawn certificate and describe the deposit in detail. If the description of the pledged deposit and the data given on the pawn certificate match the records of the business owner, the loss of the pawn certificate will be noted and a reservation certificate will be issued after the confirmation of the official loss notification has been provided. The deposit can be converted on the basis of this reservation certificate.
(2) If the original pawn certificate is not found within a year from the day of the loss notification, the deposit will be issued against the return of the reservation certificate and payment of the loan including all fees, if it has not expired as a result of failure to implement it and the deposit has been sold. If the deposit has already expired and has been sold, any surplus will be paid out.
(3) If the original pawn certificate is found before the end of one year from the day of the loss notification, the notification of loss shall be revoked by returning the reservation certificate with simultaneous presentation of the original pawn certificate and the pledge or any surplus obtained from the proceeds can be revoked against the provision of the the original pawn certificate.

§ 31. After 14 days from the expiry date, the holder of the reservation certificate can demand early redemption of the deposit against return of the reservation certificate if, in addition to the redemption amount, he pays a cash deposit in the amount of the estimated value to secure any claims of the holder of the deposit certificate. This security will be given again without interest reimbursement if the original pawn certificate is not found within a year from the date of issue of the original ticket.

Ban of re-pledging

Section 32. The business owner is not entitled to further pledge the objects pledged to him.

Discontinuation and suspension of business activity

Section 33. The business owner is obliged to notify the authorities six weeks in advance that the business activity has been discontinued or the business activity has been suspended for more than two months and to indicate this by posting it in the business premises and by means of an announcement in the Wiener Zeitung. Pledges will no longer be accepted within the last 6 weeks before the notified closure. The pledges will be surrendered up to 3 months after the discontinuation or suspension of business activity. It is not permitted to conclude loan contracts after the commencement of suspension or after the discontinuation of business activity.

Tariff for Pledges

In the case of enfeoffment, implementation, redemption or utilization of expired pledges, the pledger must pay the following fees:

1. Issuing fee:
for a loan up to € 74: € 1,40
for a loan of € 75 to € 149: € 2,10
for a loan of € 150 to € 374: € 2,90
for a loan of € 375 to € 749: € 4,30
for a loan of € 750 to € 1,499: € 7,20
for a loan of € 1.500 or more: € 8,70;

2. When redeeming (implementing) the following are to be paid:
Loan interest from the pawn loan: 1,50% per half-month (this corresponds to an effective annual interest of 42,950281%),
Handling fee for the pawn loan: 0,75% per half-month (this corresponds to an effective annual interest rate of 19,641353%);

The interest and manipulation fees are collected retrospectively and are charged every six months until the deposit is utilized, implemented (prolonged) or auctioned, with each half-month started being charged in full. For pledges that are utilized or implemented before the end of the first month, the fees must be paid for the entire month.

In the case of implementation (prolongation), the calculation of the loan interest and manipulation fees for the deposit period following the implementation begins on the first day of the calendar half-month following the deposit day and ends on the last day of the calendar half-month in which a renewed implementation takes place.

3. Place fee quarterly in retrospect:
for furs and small tools € 2,90,
for carpets up to 10 m2 € 3,60, for carpets larger than 10 m2 € 7,20,
larger objects by special agreement, but at least € 7,20;

4. Implementation (prolongation) of a pawn loan is treated like a new loan from the standpoint of interest and fee assessment.

5. Withdrawal fee *) from the loan (to be paid when the pledge is withdrawn) 5% but at least € 1,40;

6. Auction fee for pledges: 18% from the highest bid fees for the direct utilization of pledges: 18% of the utilized value including sales tax in the case of differential taxation;

7. Storage fee for utilized, unremoved pledges *): 2,4% of the loan amount per month;

8. Processing fee for loss reports and postponement of sale *) per pawn certificate: € 7,20;

9. Reimbursement of expenses: All expenses that are caused by the pledger in connection with a business case, such as postage and the like, must be reimbursed to the company.

*) including sales tax

Opening Hours

Mon-Fri 10 a.m.-1 p.m.
These terms and conditions come into force on June 26, 2020
Bargello Pfand GmbH
FN532017d / Regional Court Wiener Neustadt