Terms and Conditions of the Auction
The auction shall be held for the account of Seller. By submitting a bid or signing a written contract of sales, by sending a bid via email or internet, or by participating in auctions, it is deemed that all users or auction participants have received and acknowledged these terms and conditions. It shall be understood that they accept these and assume responsibility to abide by them upon all their visits to auctions, and these terms and conditions are also applicable to post-auction sales.
1. Auctions take place on a voluntary basis and pursuant to a Seller's bidding form.
2. Bidder bids on his/her personal behalf, unless prior to the auction he/she submitted in writing the name and address of his/her principal on whose behalf he/she participates in the auction.
3. If the bidder is unknown to Auctioneer, he/she shall register by way of a written form 48 hours prior to the beginning of the auction and shall provide a reference letter from the bank. Auctioneer reserves the right to deny access to the auction, without providing a specific reason. All registered bidders shall be assigned a bidding number after exhibiting a proof of identity in the form of an identification card with photograph.
4. Auction items may be seen prior to the auction and - at own risk of potential Buyers - examined. Items are usually used and sold in a condition they were in at the time of acceptance of the final bid. Item descriptions in the catalogue are provided to the best of knowledge and present no guarantee in the legal sense. This is especially so for the information on the origin, condition, and authenticity, which are held more as opinions, rather than facts. Any guarantee is excluded. Auctioneer shall notify Seller in due time of all reported and evidence-supported complaints.
5. Any liability of Auctioneer is excluded on any grounds due to material and/or legal defects of the item of auction, or due to deviations from the information referred to in the catalogue or from the information received in another way, unless Auctioneer acted purposefully or with gross negligence.
6. Auctioneer is entitled to combine or separate, offer out of their regular order or withdraw catalogue numbers.
7. The final bid of the bidder offering the highest price shall be accepted after the third call. Auctioneer is entitled to reject the bid. If a bid is rejected, the one prior to it shall be deemed binding.
8. If several persons offer an identical bid, the decision shall be taken by a draw. Should there be disagreements as to the final accepted bid, the auction for the item in question shall be repeated. This also refers to the case if a bid submitted in due time is overseen mistakenly.
9. The acceptance of the final bid obliges the bidder to acknowledge and settle to Auctioneer the final purchase price for Buyer. Following the acceptance of the final bid, possession and risk are directly transferred to Buyer and Auctioneer is only held accountable for the damage caused by recklessness or gross negligence; ownership is transferred to Buyer only after he/she has settled the final purchase price.
10. The final purchase price for Buyer consists of the amount of the achieved price (the final accepted bid) increased by the auction fee charged by Auctioneer, in the amount of 25%. The auction fee is inclusive of the calculated and legally prescribed tax (on commission only).
11. The final purchase price is settled immediately upon the acceptance of the final bid, in cash or by wire transfer. The items purchased shall be taken over immediately or on the first working day following the auction. Unless otherwise agreed, the item shall be delivered to Buyer only after the entire amount of the Buyer's final purchase price has been received.
12. If Buyer cancels the takeover or payment or is late with the payment of the final purchase price, the interest shall begin to accrue on the day of the takeover or payment cancellation or delay in payment. An interest of 1% monthly on the final purchase price shall be agreed upon.
13. Should Buyer delay payment, Auctioneer may set for Buyer a suitable additional deadline for fulfilling the obligation, after the expiry of which and as per own discretionary choice Auctioneer is entitled to either cancel the agreement or keep it in force and require the fulfilment of the obligation. In any case, Auctioneer reserves the right to claim the final purchase price and indemnification for late payment or failure to fulfil the contractual obligations. This is inclusive of the possible costs stemming from the exchange rate fluctuations, the interest rate referred to under point 10, and the costs stemming from the legal proceedings instituted to claim indemnification.
14. Should Auctioneer claim damages for the failed fulfilment of obligations, he/she shall lose the right to demand the fulfilment of the obligation. After Buyer has received the request for indemnification, all his/her rights as the bidder whose bid has been accepted shall cease to be valid.
15. Any storage is at the expense and risk of Buyer.
16. All costs and risks of the shipping of the item shall be borne with no exception by Buyer. He/she shall select the shipper on his/her own. Buyer may request Auctioneer to send a shipping quote, along with the desired conditions of shipping. The request for the shipping of the item shall be sent to the shipper in writing. The goods shall be insured only upon an explicit request of Buyer.
17. The bids (bidding forms) of external potential Buyers may be considered if issued in writing, if they contain detailed data, and if Auctioneer has received these no later than one day prior to the beginning of the auction. The prices stated in these bids are deemed limits for the final bid acceptable and Auctioneer's fee shall be calculated additionally in line with item 8 of these Terms and Conditions. The bids by unknown Buyers may be enforced only if sufficient coverage can be substantiated. Auctioneer who performs auctions for a Seller who wishes to remain anonymous holds no obligation in respect of a third person, nor in respect of Buyer, to disclose Seller's identity until approved by both Buyer and Seller.
18. These Terms and Conditions are applicable to post-auction sales, which are deemed part of the auction. Legal provisions on distance selling are not applicable.
19. The original text of General Terms and Conditions of the Auction has been stipulated in the Croatian language and translated into other languages. In case of a discrepancy between the original text in the Croatian language and a translation in another language, the applicable version is the Croatian text. All amendments shall be done in writing to be with full force and effect. All later oral agreements are principally invalid. The place of execution is Zagreb and the competent forum is the Commercial Court in Zagreb. The applicable law is Croatian law. Should a provision for any reason become null and void, it shall not affect the validity of the remaining provisions.
