Terms and Conditions of Sale
I. Auctions.
1. Art-maniac Auction House organize auctions of works of art and/or other collectors' items owned by the Art-maniac Auction House or transferred to it by the consignors for a commission sale. As declared by the consignors, the auctioned items are their property and/or they have the right to dispose of them and those items are not subject to any judicial and/or fiscal and/or administrative proceedings, are free from pledge and/or seizure and/or other limited rights in rem and legal defects, including any third party claims.
2. Art-maniac Auction House provides a reliable catalogue description and a professional evaluation of the condition and worth of the auctioned items. Art-maniac Auction House guarantees that the catalogue descriptions of the items put up for auction were made in best faith and with accordance to the experience and expertise of the Art-maniac Auction House's employees and of the experts working with Art-maniac Auction House.
3. The auction is conducted in accordance with the Polish law by a person authorized by Art-maniac Auction House, hereinafter called the Auctioneer.
4. The date and conditions of the auction are announced on the website www.art-maniac.pro. Art-maniac Auction House reserves the right to cancel the auction without giving reasons.
5. Until the start of the auction, the Art-maniac Auction House and the auctioneer have the right to withdraw any item from the auction without giving reasons.
II. Participation in the auction.
1. In the case of a live auction, there are several ways to participate:
A. In-person at the auction site, designated by the Art-maniac Auction House, using the auction number plate issued by the Art-maniac Auction House immediately prior to the beginning of the auction on the basis of a completed participation form. The Art-maniac Auction House's employee making the registration has the right to ask for a document confirming the identity of the person being registered (driving licence, ID card, passport). The plate should be returned to the Art-maniac Auction House's employee immediately after the auction. In case of purchase, the buyer needs to collect the confirmation of the transaction from the auctioneer, and immediately after the auction needs to set the date and the method of payment and collecting of the purchased item(s) with the Art-maniac Auction House's employee.
B. On the basis of an electronic auction order, sent by e-mail to auctions@art-maniac.pro, no later than 24 hours prior to the beginning of the auction. The invoice will be sent to the e-mail address given in the application unless the customer wishes otherwise. Acceptance of the order is confirmed by the Art-maniac Auction House by an e-mail sent to the address provided by the client. No confirmation means no possibility to participate in the auction.
C. By telephone, on the basis of an order sent by e-mail to auctions@art-maniac.pro, no later than 24 hours prior to the beginning of the auction. The Art-maniac Auction House's employee will call the customer on the number provided by him before the start of the auction of the selected item. The Art-maniac Auction House is not responsible for problems with obtaining a connection or with poor-quality connection, resulting in an inability to take part in the auction. The Art-maniac Auction House reserves the right to register and archive the calls whose purpose are to bid. Acceptance of the order is confirmed by the Art-maniac Auction House by an e-mail sent to the e-mail address provided by the client. No confirmation means no possibility to participate in the auction.
D. On the Internet via the real-time online auction system provided by Invaluable. In such a case, the Invaluable system terms and conditions apply additionally. The Art-maniac Auction House reserves the right to introduce restrictions on the value and/or the number of orders placed via the Invaluable system and to carry out additional verification of the bidder in case of an auction for amounts exceeding the limit set by the Art-maniac Auction House. Acceptance of the order is confirmed by the Art-maniac Auction House by an e-mail sent to the address provided by the client. No confirmation means no possibility to participate in the auction.
E. Participation in the auction in any form means acceptance of these regulations and consent to the processing of personal data within the meaning of the Personal Data Protection Act of 29 August 1997 and In accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the Council (27.04.2016).
2. In the case of an online, timed auction, it is possible to participate in the auction:
A. On the Internet via the real-time online auction system Invaluable. In such a case, the Invaluable system terms and conditions apply additionally. The Art-maniac Auction House reserves the right to introduce restrictions on the value and/or the number of orders placed via the Invaluable system and to carry out additional verification of the bidder in case of an auction for amounts exceeding the limit set by the Art-maniac Auction House.
B. On the basis of an electronic auction order, sent by e-mail to auctions@art-maniac.pro, no later than 24 hours prior to the end of the auction. Acceptance of the order is confirmed by the Art-maniac Auction House by an e-mail sent to the address provided by the client. No confirmation means no possibility to participate in the auction.
III. Conduct of the auction.
1. The Auctioneer decides on the amount of the bidding increment. In the case of online, timed auctions, the amount of the bidding increment is set by the Art-maniac Auction House.
2. The bidding of the item ends with a hit of an auction hammer by the auctioneer or, in case of an online, timed auction, at the end of the auction duration. The end of the auction is tantamount to concluding a sale and purchase agreement between the Art-maniac Auction House and the bidder who offered the highest amount.
3. In the event of a dispute during the auction, the Auctioneer settles the dispute or re-runs the auction of the item.
IV. Price.
1. The estimated price given in the catalogue is an estimated value, determined by the Art-maniac Auction House on the basis of the professional knowledge of the Art-maniac Auction House's employees and the assessment of experts cooperating with the Art-maniac Auction House, as well as on the basis of the sale prices of similar items. The estimation is not a guarantee or forecast of the actual sale price. The estimation does not include auction fees.
2. The Art-maniac Auction House reserves the right to set a minimum price for the items, below which their purchase is possible only after obtaining the consent of the owner.
V. Auction fees
1. The Art-maniac Auction House charges an auction fees of 21% on top of the auctioned price.
2. The auction fees also apply to post-auction sales if the item(s) has not been sold at auction.
3. In the case of artworks where the rule applies, the droit de suite royalty charges will be also applied as follows:
A. For items between 100 € and 50.000 € - 5% of the auctioned price;
B. For items between 50.001 € and 200.000 € - 3% of the auctioned price;
C. For items between 200.001 € and 350.000 € - 1% of the auction price;
D. For items between 350.001 € and 500.000 € - 0,5% of the auction price;
E. For items over 500.000 € - 0,25%.
4. Invaluable fees (5%) is at the charge of the buyer.
VI. Payments
1. The Bidder who has won the auction is obliged to pay the price for the auctioned items within 7 working days from the auction date.
2. Payment can be made by PayPal or bank transfer to the bank account of the Art-maniac Auction House:
IBAN: PL 11 1050 1722 1000 0097 0755 0225
BIC SWIFT: INGBPLPW
3. Ownership of the item will pass to the purchaser upon payment of the full bid amount plus all the applicable auction fees.
4. In case of non-payment, the Art-maniac Auction House reserves the right to charge statutory interest for the period of delay in payment.
5. In case of non-payment and after the expiry of an additional period for payment, the Art-maniac Auction House reserves the right to withdraw from the contract with the buyer.
VII. Collecting the items
1. Auctioned items can be collected after full payment of the due amount (auctioned price increased by all applicable fees).
2. Items should be collected within 7 days after full payment and maximum 14 days from the auction date. After exceeding this period, Art-maniac reserves the right to charge fees for the storage of items.
3. Shipping of the auctioned items takes place at the customer's expense, in a manner and at the time agreed with the Art-maniac Auction House.
4. For information about the shipping options please contact:
Magda Sawczuk
m.sawczuk@roidore.com
0033 1 42 78 54 42
VIII. Complaints
1. All complaints will be dealt with in accordance with the provisions of Polish law.
2. Complaints about non-conformity of goods with the contract can be reported within 1 month from the release of the items.
3. The Art-maniac Auction House is not responsible for hidden physical defects and legal defects of the purchased objects.
Payments
VI. Payments
1. The Bidder who has won the auction is obliged to pay the price for the auctioned items within 7 working days from the auction date.
2. Payment can be made by PayPal or bank transfer to the bank account of the Art-maniac Auction House:
IBAN: PL 11 1050 1722 1000 0097 0755 0225
BIC SWIFT: INGBPLPW
3. Ownership of the item will pass to the purchaser upon payment of the full bid amount plus all the applicable auction fees.
4. In the case of non-payment, the Art-maniac Auction House reserves the right to charge statutory interest for the period of delay in payment.
5. In case of non-payment and after the expiry of an additional period for payment, the Art-maniac Auction House reserves the right to withdraw from the contract with the buyer.
Other fees
V. Auction fees
1. The Art-maniac Auction House charges an auction fees of 21% on top of the auctioned price.
2. The auction fees also applies to post-auction sales if the item(s) has not been sold at auction.
3. In case of artworks where the rule applies, the droit de suite royalty charges will be also applied as follows:
A. For items between 100 € and 50.000 € - 5% of the auctioned price;
B. For items between 50.001 € and 200.000 € - 3% of the auctioned price;
C. For items between 200.001 € and 350.000 € - 1% of the auction price;
D. For items between 350.001 € and 500.000 € - 0,5% of the auction price;
E. For items over 500.000 € - 0,25%.
4. Invaluable fees (5%) is at the charge of the buyer.
Shipping Terms
VII. Collecting the items
1. Auctioned items can be collected after full payment of the due amount (auctioned price increased by all applicable fees).
2. Items should be collected within 7 days after full payment and maximum 14 days from the auction date. After exceeding this period, Art-maniac reserves the right to charge fees for the storage of items.
3. Shipping of the auctioned items takes place at the customer's expense, in a manner and at the time agreed with the Art-maniac Auction House.
4. For information about the shipping options please contact:
Magda Sawczuk
m.sawczuk@roidore.com
0033 1 42 78 54 42
