Auction Rules and Terms of Business OriginalArte
deals with the organization of regular internet auctions, where the items are offered on the website www.originalarte.cz. The start and end dates, ie the date and time, are always listed for each item offered.
Explanation of terms:
The user is a natural or legal person who has registered with OriginalArte.com.
The auctioneer (the user of the OriginalArte portal) is a registered legal or natural person, a user who has fulfilled the conditions of registration and participates in the auction
The project partner is the galleries, legal or natural persons listed in the "Auction houses and galleries" list who are the owners of the auctioned items, and in the case of a winning auction, a sales contract is concluded between these Project Partners and the Auctioneer.
Project partners may authorize OriginalArte to sell the work and enter into a purchase contract for the work.
The internal limit is the minimum amount for which the owner of the auction item sells this item. If the internal limit is not reached or exceeded, the item remains unallocated.
The auctioneer's limit is the amount the bidder is willing to pay for the auction item.
After inserting the auction limit, OriginalArte automatically bids up to this limit.
Rights and obligations of the auctioneer
For each internet auction, the auctioneer is always required to register by law. The data provided for the registration is secret with respect to the protection of personal data and serves only for internal use of OriginalArte. The data will not be provided to a third party and will be handled in accordance with applicable Czech law.
When signing up, the user agrees with the AuctionArticle Auction and Business Terms and Conditions, and also with the provision of his personal data under the terms and conditions contained herein.
The auctioneer may only be a registered auctioneer, an authorized natural or legal person who fulfills the prerequisites for legal proceedings and is not insolvent or other legal obstacles preventing him / her from using the property.
OriginalArte s.r.o. reserves the right not to allow the applicant to register or to restrict access to the services, without giving any reason.
Three types of auctions can be found on OriginalArte:
Classical (English) auctions where the auction runs in the same way as individual bidders bid and the winner of the auction is the first to hit the highest amount (it is assumed that if the winning auction price is dropped from the auctioneer's limit, this auctioneer, such a limit, the winner of the auction)
Auctions contain an internal limit
It is similar to a classic English auction, with the difference that all bets that are lower than the set limit are accepted in full (not in increments).
The starting price is 100, the internal limit is 1,000, the bidder is 1100, the 1000 bid is accepted as the received bid (not the 100th, as it would correspond to the next auction step - the first bid for the starting price - 100). 1100 is set as the auctioneer's limit.
Once the internal limit has been reached, the auction proceeds in the same way as the auction under point A above.
C / Auction ends by reaching or exceeding the internal limit
The auction is similar to the auction according to point B /, but when the internal limit is reached or exceeded, it ends immediately.
Note: This ongoing auction may be terminated by the portal operator at any time.
Submitted bids that have not reached the internal limit will not be archived.
The starting price is 100, the internal limit is 1,000, the bidder will hit 1100, the 1100 bid will be accepted as a received bid (not the 100th, as it would correspond to the next auction step - the first bid at the starting price - this was in the example above but equal to 1100 and the auction will end with this attained auction price, ie 1100.
The auctioneer has the right during the auction to bid or enter his highest bid (auctioneer's limit). If the limit is set, the system will automatically auction in favor of the auctioneer up to a predetermined amount of this limit.
You can place an amount of at least an auction step higher than the bid amount or, in the case of the first bid, the amount of the raise. The amount is entered without spaces and decimal places.
The amount of bids must match the auction steps:
1-20 ............................................... ... 1 CZK
20 -100 ......................................... 20 CZK
100 - 500 ................................. .... 50 CZK
500 - 5000 ........................... 100 CZK
5000 - 10 000 .......................... 500 CZK
10 000 - 50 000 ................................. 1 000 CZK
50,000 - 100,000 ................ 5,000 CZK
100 000 - 500 000 ............ 10 000 CZK
500,000 - 1,000,000 ......... 50,000 CZK
1 MIO - 50 MIO ................. 100 000 CZK
over 50 MIO ....................... 200 000 CZK
In the event that an amount is entered one step and more than the specified limits or the current bids of all other bidders, the system will automatically make only one step higher than the highest bid limit or bid, and set the bidder's limit to the specified amount (ie the system in the next auction, it automatically charges up to the amount of that amount, ie until the auctioneer's limit is exhausted).
Auctions may include the so-called internal limit, and the item is not auctioned until that internal limit is reached or exceeded.
Whether or not the auction contains this internal limit is stated in the auction detail (if the auction contains an internal limit, there is the message "Internal limit not overcome" or "Internal limit exceeded").
Auctions can also end by reaching or overtaking the internal limit. In this case, the auction details appear "The auction ends with reaching or exceeding the internal limit".
OriginalArte reserves the right to cancel the bid of a participant in the following cases:
I. It is not possible to verify the identity of the participant, the data do not correspond to the facts or the operator has other reasons for doubting the credibility of the auction participant
II. The auctioned item will be destroyed or damaged during the auction
III. There will be technical issues during the auction. OriginalArte is not responsible for the trouble of connecting to the auctioneer.
OriginalArte is not responsible for the trouble of connecting to the auctioneer.
Items in auctions
Items in the auction are described, including their origination price on the OriginalArte website. Each work is carefully photographed. Color in photography may not match reality.
Offered items from online auctions can be prepared for inspection at the Partner's premises usually 7 business days in advance. Items auctioned on individual auctions on the website will be displayed at the Pštrossova Gallery23 at the same time.
The auction items will always be auctioned in the order (day, time) that is on the OriginalArte website.
OriginalArte reserves the right to cancel the auction of the auctioned item or to change its term due to a server crash or natural disaster or other serious cause.
The Auction Participant is aware that some of the offered items may be subject to the following rights and obligations:
I. Act No. 20/1987 Coll. About state monument care
II. Act No. 71/1994 Coll. The sale and export of objects of cultural value
III. Act No. 122/2000 Coll. The protection of collections of a museum nature and the amendment of some other laws
Owners of auctioned items may require the auction to contain the so-called internal limit. This makes it possible for OriginalArte.
It is an amount that is not shown in the auction, it remains hidden and if the bidding is not reached or exceeded, the auctioned item will not be sold and returned to the owner after the auction is "not sold".
All auctions that have an internal limit are marked as above (see above).
The offered item is ultimately sold to the auctioneer who offers the highest amount.
The auctioneer is charged an auction commission usually of 20% (the specific amount of the auction surcharge is shown in detail in each auction) of the total price achieved.
The VAT at the valid rate will be added to the auction commission.
The total price of the auctioned item is usually rounded to a total of CZK 50.
The auction is sent to the auctioneers every two working days after the auction, the auctioned item can be picked up after the payment has been made, not earlier than the day after the payment was credited to the OriginalArte account or to the Partner of the project, unless agreed otherwise.
The payment for the auctioned items must be made within 14 days of the end of the auction, as follows:
I. By transfer to account number 2104490015/2700 with UniCredit Prague, variable symbol: auction no, item (eg: 441, where No. 44 is the auction number and number 1 is the item)
(II Cash or payment card in Pštrossova Gallery23 - suspended)
III. Card payment online via server (we are preparing)
IV. Cash on delivery (via Česká pošta, PPL, DHL, etc.) In this case, all costs associated with the carriage are borne by the auctioneer. OriginalArte is not responsible for any damages arising from the receipt of the auctioned items for carriage by the transporter. )
Note: Modalities II-III-IV not yet available.
Storage of auctioned items at the project partners' premises is free of charge for 40 calendar days from the end of the auction, after which they are charged for the amount of CZK 10 for each commenced calendar day.
If the auctioneer does not pay the entire amount of the purchase price and the auctioned surcharge on the due date, the OriginalArte operator reserves the right to recover the redeemed at the expense of the auctioneer. In the event that the full amount is not paid within 14 calendar days of the auction date, OriginalArte has the right to withdraw from the sales contract.
Auctioneers who fail to comply with the Auctioning Orders or otherwise violate the OriginalArte Auction Rules may be blocked or excluded from the OriginalArte auctions (they may be canceled).
OriginalArte Responsibilities Limitations
OriginalArte auctions are an intermediary in negotiating a sales contract between the owner of the work and the auctioneer. As a rule, OriginalArte is provided with the full power of the auctioneer, authorizing the conclusion of a purchase contract for the subject of the auction on behalf of the owner with the winning bidder.
However, OriginalArte does not assume responsibility for the quality and authenticity of the items offered and is not responsible for any damages that might arise in connection with the fraudulent conduct of one of the parties.
OriginalArte is an intermediary who makes his / her web application available to find a suitable buyer for an item owned by the seller and is not responsible for any of the information provided by the owner in the description and details of the auctioned item.
Possibility to offer items in auctions
The opportunity to place items in auctions is open to anyone who has been approved as "OriginalArte Project Partner". The Owner of OriginalArte reserves the right to decide on the placement of individual items in auctions at their discretion.
It is true that auctioned works are described and photographed by their owners. OriginalArte ensures that Project Partners (ie owners, owners of auctioned or exhibited items) provide the most complete data and try to get the most accurate display of the items they offer.
The project partners (ie the owners) further guarantee that the work corresponds to the description and display.
For each auction item, only such damage is noted which significantly affects its artistic value. The works may be damaged by the restorer, may be damaged or may be subject to other interference. Every interested person has the opportunity to view the offered items before the auction.
However, OriginalArte is not responsible for any color deviations in the photos listed on the website or errors in their description. These data are entered directly by the owners of auctioned or exhibited items, Project Partners.
Upon receipt of the auctioned item, the client is required to inspect the work himself and, in the case of damage not identified during the auction in the description of the work, to draw attention to it. You do not have to take into account the later complaint.
OriginalArte acts as a sales agent and is solely responsible for the technical and business parameters of the site. Complaints relating to the subject matter of the auction or sale, its quality, omission or misrepresentation of the subject, or claiming the authenticity and completeness of the auction items or sales exhibitions must be addressed directly to the owners (Project Partners). OriginalArte may also act as an intermediary in such cases.
The usual deadline for complaint settlement is 30 days.
Protection of personal data
OriginalArte s.r.o. (OA), the operator of www.originalarte.com, fully respects and protects the personal integrity of each visitor and user of the site. OA considers your personal data private and confidential and maintains it in accordance with applicable legislation, in particular with Act No. 101/2000 Coll. on the Protection of Personal Data, as amended.
The data is used exclusively to operate the subject of the activity of www.originalarte.com, ie to mediate the sale of works of art between the owners (the partners of the project, ie galleries and curators) and their buyers, users of these sites (natural or legal persons) marketing support for this activity. The Web also uses public data about authors of works of art; this data is collected in the "Authors" section.
All personally identifiable site user data is encrypted and accessed only by an authorized administrator.
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Date of last update: January 2nd, 2020
Czech version is prevailing.