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Terms & Conditions of Mercari Polonia
These Rules set out the terms and conditions for the sale of collector Object(s)s at auctions organised by the company Mercari Polonia Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw, 35/101 Erazma Ciołka (Street), 01-445, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000998315, holding tax identification number (NIP) 5273024373, statistical identification number (REGON): 523448891, hereinafter referred to as the Auction House.
The Terms and Conditional apply to all Clients, Sellers, Bidders who participate in the Auction and Buyers. The Terms and Conditional may be revoked or amended by the Auction House at any time by means of annexes available during the Auction or by announcement of the Auctioneer before the start of the Auction of the relevant Object(s). However, the aforementioned amendments do not apply to Consignment Contracts concluded before the announcement of the amendment to the Rules.
Auction - An organised method of transfer of ownership of Object(s)s with the Auction House as a intermediary, on the terms and conditions set out in these Rules, of competing bids for the acquisition of individual Object(s)s by Bidders who physically or remotely participate or may participate, in which the successful Buyer is obliged to pay the full Purchase Price and any additional charges in connection therewith.
Auctioneer - The individual appointed by the Auction House to conduct the Auction.
Opening Price - The Opening Price listed in the Catalogue is the amount from which the Object(s) Auction starts. The Opening Price does not take into account the Premium plus VAT on this fee, and additional fees resulting from the Catalogue designations of the Object(s).
Minimum Price - The Auction House reserves the right, in exceptional cases, to set a minimum price. The Minimum Price may not be higher than the Opening Price. The Minimum Price is the amount below which the auctioned Object(s) will not be sold.
Hammer Price - the amount at which the auction ended and for which the buyer has bid for the Object(s). The Hammer Price does not include the Premium plus VAT on this fee, and additional fees resulting from the Object(s)'s catalogue markings.
Purchase Price - Also referred to as the actual price. It is the final price the Buyer is obliged to pay for the Object(s). It consists of the Hammer Price, the Premium and VAT on this fee, as well as additional fees resulting from the Object(s)'s catalogue markings.
Auction House - Entity selling collector's Object(s)s on behalf of the Seller (Commission Sales), operating under the business name "Mercari Polonia" Firma Mercari Polonia Spółka z ograniczoną odpowiedzialnością with registered office in Warsaw at ul. Ciołka 35/101, 01-445 Warsaw. Registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000998315.
Droit de suite - Additional fee resulting from the resale of an original work by an artist regulated by Dz.U. 2017 poz. 880. Object(s)subject to "Droit de suite" will be marked in the Catalogue using the symbol ►, the Buyer will be obliged to pay this fee.
Estimate - The Estimate given in the Catalogue is the estimated value of the Object(s) as determined by the Auction House on the basis of the sale prices of similar Object(s)s, comparable in terms of condition, rarity, quality and origin, and/or the opinion of the Auction House specialists.
Registration Form - a document drawn up in accordance with the model prepared by the Auction House, the completion of which is a condition for admission to the Auction in a situation where the Bidder does not register for the Auction through the internet portals indicated in these Rules. Available physically at the office of the Auction House and by e-mail.
Absentee Bid Form- a document drawn up in accordance with a template prepared by the Auction House, authorising the Auction House to bid on behalf of the Client.
Telephone Bid Form - Document drawn up in accordance with the model prepared by the Auction House, stating that the Client participates in the Auction by means of direct remote communication.
Catalogue - A document in physical or electronic form prepared by the Auction House containing a description of the Object(s)s to be offered for sale in the Auction.
Client - natural person, legal person or organisational entity without legal personality, registered and approved by the Auction House.
Bidder - the Client participating in the Auction.
Seller - The person submitting the Object(s) for sale at the Auction.
Buyer - the Bidder who, during the course of the Auction, has submitted the highest Bid accepted by the Auctioneer, as a result of which the Buyer is obliged to pay the full Purchase Price and the additional charges resulting from the catalogue markings of the Object(s).
Sale Commission - A commission set as a percentage of the Hammer Price, the amount of which is set out in the Commission Agreement, resulting from the preparation of the Object(s) for Auction or its Sale.
Object(s) of the Auction (Object(s)) - a collector's Object(s) offered for sale within the framework of the Auction. Ownership of the Object(s) shall pass to the Buyer upon payment of the full Purchase Price together with additional charges resulting from the Object(s)'s catalogue markings.
Offer - an offer submitted by a Bidder in the course of an Auction to purchase an Object(s) for a price expressed in Polish zloty, or any other currency defined by the Auction House. The amount of the Bid does not include the Premium plus VAT on this fee, and additional fees resulting from the Object(s)'s catalogue markings.
Premium - In addition to the amount submitted in the offer by the Buyer (which is also the Hammer Price), the Auction House shall add the Premium as stated in the Catalogue plus VAT and additional fees resulting from the Catalogue designations of the Object(s).
Compensation Fee - A fee the equivalent of which is the Premium plus compensation, including, but not limited to, the costs of preparing the work for the Auction, the commission, the Auction House's lost profits, and image damage.
Receipt of Acceptance of an Object(s) - A document confirming the acceptance of an Object(s) by the Auction House containing a preliminary description and preliminary estimate of value. The Receipt of Acceptance of the Object(s) may form the basis for the Consignment Contract.
Oversize Object(s)- an Object(s) being the subject of an Auction of non-standard dimensions, the storage and transport of which constitute a difficulty for the Auction House. An Oversize Object(s) is specially marked in the description of the auction Object(s).
Registration - Registration is a prerequisite for admission to the Auction. You can register by completing the Registration Form or via the websites indicated by the Auction House in the announcement. In order to register successfully, the Auction House may require the presentation of an identity document (identity card or passport). In case of reasonable doubt, the Auction House is entitled to ask the Client to produce additional documents or to obtain data about the Client from third parties. The Client's personal data is confidential information and remains for the exclusive information of the Auction House. The Auction House reserves the right not to allow the Client to participate in the Auction without giving any reason. The Auction House reserves the right to demand a deposit from the Client without stating a reason.
Consignment Contract - the contract concluded between the Auction House and the Seller, i.e. the owner of the Object(s) (Object(s)) being the subject of the Auction.
Valuation - A preliminary analysis and estimation of the value of a Facility. It also forms the basis for determining the Estimate.
Auction Preview- an exhibition held prior to the fixed date of the Auction to view the Object(s)s put up for auction.
End of Auction - The formal end of an Auction. The end of the Auction takes place when the Auctioneer says the words in Polish "Aukcja Zakończona".
The Object(s)s which are the subject of the Auction are
consignments by the Sellers and not excluded from sale under separate regulation. As declared by the Sellers, the Object(s)s put up for Auction are their property or the Sellers have the right to dispose of them and, moreover, the Object(s)s are not subject to any administrative, judicial or fiscal proceedings, are free from seizure and lien and other limited rights in rem as well as any claims of third parties.
The Auction House assures that the catalogue descriptions of the Object(s)s offered at the Auction have been prepared in the best of faith, to the highest standards and using the experience and expertise of the Auction House staff and experts cooperating with the Auction House.
The Object(s)s which are the subject of the Auction shall be made available to interested parties for inspection at the Auction House premises in the period preceding the Auction, during the Auction Exhibition or by prior appointment with the Auction House by telephone, e-mail or in person.
2) Participation in the auction
It is a condition of participation in the Auction that the Client accepts the terms and conditions of the Auction contained in these Terms and Conditions in full and without any reservations. All Clients must register prior to the Auction, provide the required information provided in the Registration. The Auction House has the right at its discretion to refuse to allow certain Clients to participate in the Auction, without giving any reason.
In the announcement, the Auction House specifies the date of the Auction, the venue and the Catalogue of Auction Object(s)s (Object(s)s), as well as the days, the venue of the Auction Preview, and the list of portals for bidding.
The Auction House shall be entitled at any time to unilaterally change the terms and conditions specified in the announcement for this Auction Object(s) without giving any reason, with the proviso that the reduction of the starting price may only take place with the consent of the Seller.
The Auction is conducted in accordance with Polish law. The Client participating in the Auction confirms that he/she has familiarised himself/herself with the Object(s) and has no Object(s)ions to its description, authenticity, condition and appearance.
3) Personal participation in the auction
The Client may take part in the Auction in person. The condition for participation in the Auction is correct Registration, approval by the Auction House and the collection of a bidding number at the Registration Desk. An Auction House employee is entitled to ask for a document confirming the identity of the Client. Immediately after the end of the Auction, the bidding number must be returned and, in the case of the most favourable bid accepted by the Auctioneer, a proof of sale must be collected.
4) Participation in the Auction on behalf of the client
The Auction House may represent the Client via the Absentee Bid Form on his behalf. Participation in the Auction is subject to correct Registration, approval by the Auction House, and submission of a correctly completed Absentee Bid Form. The documents must be sent by e-mail to: email@example.com or delivered to the Auction House no later than 24 hours before the start of the Auction. In the event of a limit bidding order, the Auction House, after confirmation by telephone, e-mail or in person, shall endeavour to ensure that the Bidder purchases the Object(s) at the lowest possible price.
5) Participation in the auction by telephone
Clients may participate in the Auction by means of direct remote communication. The condition for participation in the Auction is correct registration, approval by the Auction House, and submission of a correctly completed Telephone Bid Form. The documents must be sent by e-mail to: firstname.lastname@example.org or delivered to the Auction House no later than 24 hours before the start of the Auction.
Representatives of the Auction House shall communicate with the Client by means of direct remote communication prior to the start of the Auction of the selected Object(s)s
The Auction House shall not be responsible for the impossibility of participating in the Auction by means of direct remote communication in the event of problems in obtaining a connection to the telephone number provided by the Client. The Auction House stipulates that it may record and archive the conversations with the Client referred to above.
The Auction House has the right to organise an auction without the physical participation of persons in the auction room. The Auction House also makes available the possibility of real-time bidding via the Internet together with Clients gathered in the auction room and/or Clients participating in the Auction via Telephone Bidding and/or Bidding on behalf of a Client.
In order to participate in the Auction via the Internet, the Client must register via the online portal indicated by the Auction House prior to the Auction.
The Auction House shall not be liable for any problems, hindrances and in particular the impossibility of bidding due to difficulties or technical failures on the part of the Client/Auction House or the operator of the Internet connection used by the Client/Auction House.
The auction begins with the presentation of the Object(s) and the announcement by the Auctioneer, of the Opening Price. Bidders are entitled to place their Bids. The amount of the bid is determined by the Auctioneer. The end of the auction of the Object(s) takes place when the Auctioneer strikes the gavel. At this point the Bidder becomes the Buyer and the accepted Bid becomes the Hammer Price. The prices at the Auction are given in Polish zloty or another currency.
The Auctioneer may withdraw an Object(s) from the Auction at any time. In the event of an error or dispute over the outcome of the Auction, the Auctioneer may re-offer the Object(s) for bidding (also immediately after the hammer has been struck). In such a situation, the Auctioneer may also take any other action he deems reasonable and appropriate. The Auction House reserves the right to record and publish the course of the auction by means of video and sound recording equipment.
The auctioneer applies the pre-determined increments according to the following table:
The bidding stipulated by the Auctioneer shall be communicated to the Bidders in good time, either by direct communication to those present in the auction room or by means of direct remote communication.
The Auctioneer may apply multiples of the minimum bids amounts or apply fractions of the bids shown in the table. The Bidder may propose a bid lower than the minimum, which the Auctioneer may or may not accept.
The Bidder's bid is binding once it has been accepted by the Auctioneer. A bid made in the course of an Auction ceases to be binding when another Bidder makes a higher bid.
The Auctioneer shall have the right, if he deems it necessary due to the law, the provisions of the Rules or the protection of the interests of the Client or the Auction House, to withdraw the Bid, refuse to accept the Bid, withdraw the Auction Object(s) or re-offer the Object(s) to the Auction.
Successful purchase bid of an Object(s) occurs when the highest bid is approved with the Auctioneer with the gavel strike. The highest bidder is then indicated by the Auctioneer as the Buyer and is obliged to pay the Purchase Price. Ownership of the Object(s) of Auction will pass to the Buyer upon payment of the full Purchase Price.
The Buyer is obliged to pay the amount due for the Purchased Object(s)s, on the basis of the proof of sale issued by the Auction House, within 14 days of the end of the Auction, and within 7 days in the case of Oversize Object(s)s. In the event of a delay, the Auction House will be entitled to charge statutory interest for the delay and possibly take other action as detailed in clause. 10 of these Regulations.
The Auction House accepts the following forms of payment:
b) Cash up to the amount of PLN 8,000 (eight thousand
The Buyer shall bear all costs connected with the transfer of the funds constituting the payment due to the Auction House.
In the absence of payment within the aforementioned period, the Buyer may be banned for life from participating in Auctions conducted by the Auction House and may be required to pay the Compensation Fee on the Object(s)s auctioned and possibly take other actions as detailed in clause 10 of these Regulations.
Payments in currencies other than the Polish zloty:
All payments are accepted in Polish zloty. At the special request of the Buyer and upon prior arrangement, the Auction House allows payment in Euros, American Dollars or British Pounds. The value of a transaction paid in a currency other than Polish zloty will be settled according to the average exchange rate of the National Bank of Poland as of the transaction date and increased by a handling fee of 5% of its value.
9) Release of Object(s)s:
The Buyer is obliged to collect the purchased Object(s) in accordance with the provisions of these Regulations. Release of the Object(s) purchased at the Auction shall be possible after the Buyer has paid the Purchase Price and settled all obligations to the Auction House. The Object(s) shall be released personally to the Buyer or to a person authorised in writing to collection. The Object(s) may be dispatched by the Auction House on behalf of the Buyer by a courier or other specialized transport company on condition that the Buyer completes all necessary legal formalities related to the transport of the Object(s). The Auction House may refuse to act as an intermediary in the dispatch or transport of the Object(s) without giving any reason.
The Auction House may ship or transport the Object(s) on behalf of the Buyer at the Buyer's risk, to the address indicated by the Buyer. Auction House will make every effort to ensure that the Object(s) is duly protected for the duration of transport, but will not be held liable for damage to or loss of the Object(s) resulting from transport or shipment. The cost of shipping or transport as determined by the Auction House will be paid in advance by the Buyer.
Collection of the Object(s) should take place within 21 working days (7 days for Oversize Object(s) ) from the date of the Auction. After this deadline, the Auction House transports all sold Object(s)s to the warehouse and the Buyer will be charged with the costs of transport and storage.
After the expiry of 21 working days (7 days in the case of Oversize Object(s) ) from the date of the Auction, the risk of loss and damage to the unclaimed Object(s) shall pass to the Buyer and the Auction House shall be relieved of further insurance liability of the Object(s).
The amount of storage and transport charges will depend on the warehouse operator and the type and size of the Facility. Acceptance of these rules is tantamount to acceptance of the rules of the storage company. In case of storage of an Object(s) in the premises of the Auction House, the Auction House is not responsible for damage and condition of the Object(s) and may charge a daily storage fee of 10.00 PLN per Object(s), or 50.00 PLN per Oversize e Object(s).
10) Dealing with late or non-payment:
In the event that the Buyer does not pay the entire Purchase Price within 14 working days (7 days in the case of Oversize Object(s) from the date of the Auction and does not settle all obligations to the Auction House, the Auction House may, without prejudice to its other rights, apply one or more of the following procedures:
a) Store the Object(s) at its premises or elsewhere at the Buyer's risk and expense;
b) Rescind the sale without the need for a further period of time and retain the funds received so far from the Buyer (if any have been provided to the Auction House) to cover the damages and lost profits;
c) Reject the Buyer's orders in the future or execute such orders subject to the payment of a deposit;
d) Charge statutory interest for late payment from the due date until the date of payment of the entire Purchase Price and any other liability to the Auction House;
e) Sell the Object(s) at the Auction or privately with the Estimate and Minimum Price set by the Auction House. If, as a result of the above actions, the Object(s) is sold for a price lower than that offered by the Buyer and accepted by the Auctioneer at the Auction, the Buyer shall be obliged to pay the Auction House the resulting difference;
f) Initiate legal proceedings against the Buyer to recover the claim;
g) If the Buyer is also a Seller, Subtract Buyer's receivables due to the Auction House from the receivable due to the Buyer;
h) Apply a right of lien on other Object(s)s placed by such Buyer on commission;
i) If the Object(s) is not collected within 90 days of the date of the call for collection, it shall become the property of the Auction House.
With regard to Buyers who are not consumers within the meaning of the Civil Code, the Auction House shall not be liable for any physical defects or legal defects of the purchased Object(s)s. Complaints can only be submitted to the Seller. The Auction House may represent the Seller, the Premium is non-refundable.
Clients, Bidders, Buyers and the Seller consent to the processing of personal data for the purpose of participating in the Auction and for marketing purposes in accordance with the GDPR of 29 August 1997 (i.e. 2014, Object(s) 1182 as amended).
The administrator of the personal data of clients, bidders, buyers and sellers is the Auction House.
Clients, Bidders, Buyers and Sellers have the right to access the content of their personal data, to correct it and to Object(s) to its processing, under the terms of the GDPR.
The Auction House declares that the provision of personal data by Clients, Bidders, Buyers and Sellers is voluntary, but is necessary for the proper conduct of the Auction.
Should you wish to obtain additional information, correct your data and/or opt out of further marketing correspondence, please contact us by e-mail (email@example.com), telephone (+48 22 60 02 000) or visit the Auction House in person.
All disputes arising from the provisions of these Rules and Regulations and all disputes arising from sales and conditional sales concluded hereunder shall be examined by the Common Court having jurisdiction over the seat of the Auction House in Poland.
14) Applicable legislation:
These Rules shall be governed by and interpreted in accordance with Polish law. These Rules constitute the entire agreement between the Auction House and the Clients, Auctioneers, Buyers and Sellers.
The Auction House is the exclusive owner of the copyright in all the photographs, photographic descriptions and articles posted, which constitute works within the meaning of the Act on Copyright and Related Rights of 4 February 1994. The Auction House does not grant permission for recording, recording and publishing employees of the Auction House.