Conditions of Sale
1. Auctions are organised by Galerie Karoline s.r.o. (hereinafter referred to as the "Auction House").
2. Auctions are organised in compliance with the legislation of the Czech Republic, on the basis of an Auction Agreement, which the proposer concludes with the Auction House. If any item is designated as a cultural monument or is nominated as a cultural monument, this fact must be announced in advance and the item must be clearly identified. Such items are subject to a special regime according to Czech National Council Act No. 20/1987 Coll., on State Heritage Care, as amended by subsequent regulations. Export of all items of cultural value is also subject to a special regime according to Act No. 71/1994 Coll., on Sale and Export of Items of Cultural Value and Act No. 20/1987 Coll., on State Heritage Care, as amended by subsequent regulations.
3. All information that Galerie Karoline s.r.o. or its authorised persons give about individual items, such as their age, origin, authenticity or condition, are simply the opinions of Galerie Karoline s.r.o., the Auction House, its authorised individuals or the opinions of experts, which Galerie Karoline s.r.o consider as appropriate for guidance. Galerie Karoline s.r.o. is not liable for the accuracy of these opinions; each buyer or bidder is required to thoroughly examine the item before purchasing or bidding on it and are required to base their actions on their own opinion and judgment during purchase or bidding. The buyer or bidder may invite an expert, who they trust and who they arrange themselves, to examine an item.
4. The Buyer is required to thoroughly examine the item before making the purchase or before the auction. No potential complaints (for example the existence of fungus, woodworm or cracks in an item) will be acknowledged after the purchase is made or the auction ends, and any potential defects will not be reason for a refund. No defects, deficiencies or faults are taken into consideration as a result of the specific character of the auctioned items and no guarantee is provided with respect to the fact that the auctioned items are old. The proposer is liable for defects in the item being auctioned, which it was aware of or should have been aware of when submitting a proposal for an auction and for which it failed to provide timely information to the Auction House in the Auction Agreement.
5. No items arising from criminal activities may be auctioned in an auction.
6. Owners of items being auctioned and persons authorised to auction the item by the owner are forbidden from taking part in the auction. Persons who thwarted auctions of the same item in the past are also forbidden from participating in the auction, as well as persons authorised to auction items by such persons. Persons who were relieved of their legal capacity by effective ruling are also forbidden from taking part in auctions.
7. It is forbidden to privately sell, exhibit or exchange any items within the areas and on the land belonging to the Galerie Karoline s.r.o. Company. All participants and visitors to the auction are also required to abide by all measures taken to protect the exhibited or auctioned items.
8. The Auction House may request proof of a participant's identity before or even during an auction. Any participant, who refuses to provide proof of his identity by showing a valid citizen's identification card or valid passport to the Auction House or its authorised persons, may be eliminated from the auction by the Auction House or its authorised persons. Participants may be requested to show their authorisation to act on behalf of a participant of the auction and also to show proof that the auction deposit was made (if one is required) before or even during an auction. Refusal to do so may also lead to elimination from the auction by the Auction House or its authorised persons.
9. The person proposing the auction (hereinafter referred to as the "Proposer") must conclude a written Auction Agreement with the Auction House, unless the Auction House holding it proposes the auction.
10. Taking sound and picture recordings during the auction is prohibited.
11. The auction is public. Persons under the influence of alcohol, narcotic or psychotropic substances or persons violating good manners (by wearing dirty or undignified apparel or as a result of their behaviour, which could inconvenience the bidders) are forbidden from taking part in auctions.
12. All auctioned items will be published on the website at www.ekaroline.cz and will also be available for viewing at least a week before the auction at the address: Lety no. 36, Písek District.
13.1 Progress of the auction
The auctioneer acquaints the participants of the auction with the sequence number of the item, possibly gives a brief description of the item and the reserve (opening bid), and also informs whether this concerns a cultural monument or not. This is followed by the actual auction. Bidders may call a bid by visibly lifting their bidding number, issued by the Galerie Karoline s.r.o. Company. The auction of the item continues while the interested parties (bidders) continue to call bids. Bids are determined by the auctioneer as follows:
The bids are set in EURO or in the equivalent amount in CZK (exchange rate is according Gallery Karoline s.r.o.):
10 - 15 - 20 - 25 - 30 - 40 - 50 - 60 - 70 - 80 - 90 - 100 - 110 - 120 - 130 - 140 - 150 - 160 - 170 - 180 - 190 - 200 - 220 - 240 - 260 - 280 - 300 - 330 - 360 - 400 - 450 - 500 - 550 - 600 - 650 - 700 - 750 - 800 - 850 - 900 - 1000 - 1100 - 1200 - 1300 - 1400 - 1500 - 1600 - 1700 - 1800 - 2000 - 2200 - 2400 - 2600 - 2800 - 3000 - 3300 - 3600 - 4000 - 4500 - 5000 - 5500 - 6000 - 6500 - 7000 - 7500 - 8000 - 8500 - 9000 - 10000 and each next bid is 1000 EURO higher then previous one.
13.2 The first bid called during the auction is simultaneously the lowest possible bid (reserve).
The standing bid price is the sum for which the item is offered at that moment. The bidder is required to pay the last bid price of the item they bid for. Persons who do not receive a bidding number cannot call bids; the only exception is cases when the Auction House bids on an item in representation of another person.
13.3 If the reserve price of the item being auctioned was not achieved, the auctioneer ends the auction for this item and the next item is auctioned. The whole auction ends when the last item is auctioned.
13.4 The auctioneer asks for bids twice if no one bids after the second request for bids, the auctioneer repeats the value of the last bid and then awards the item to the highest bid offered. By making a bid the participant of the auction commits to payment of this sum. The successful bidder is required to pay the sum for the auctioned item (i.e. the sum corresponding to the value of his bid) along with the Auction House's commission and its expenses to the Auction House, within 14 calendar days of the date of purchase.
13.5 The participant of the auction, to whom the item is auctioned, becomes the successful bidder and disputes in this regard depend exclusively on a decision by the Auction House. If a participant of the auction bids for items on behalf of a person who is not personally bidding, both these persons are liable for fulfilling the obligations and duties arising in relation to the auction jointly and severally.
14. If the bidder pays the price achieved through auction within the time limit determined by these Auction Rules, the ownership of the item being auctioned is transferred to this person the moment the item is awarded to him.
The bidder is entitled to receive the auctioned item after payment of the whole due amount to the Auction House, arising in relation to the auction and in compliance with these Auction Rules (by the bidder). For the purpose of these Auction Rules the total owed amount is understood to mean the sum of the price of the auctioned item, the auction commission plus the relevant VAT, storage fees, and other fees applied in compliance with these rules.
15. In the event that the bidder thwarts the auction, i.e. fails to pay the auction price in the manner and within the time limit specified above in Article III paragraph 5 and 7, they do not become the owner of the auctioned item. The Auction House is entitled to enforce payment of the auction price together with additional costs, which are incurred by the Auction House and the owner of the item in relation to the thwarting of the auction by judicial methods.
16. Auctioneer's reward and other payments
16.1 The Proposer is required to pay the auctioneer the reward specified below and other services fees related to the performance of the auction:
16.2 The Proposer is required to pay 16% of the price achieved through auction including VAT.
16.3 As well as the price of the item successfully bid for, the successful bidder is also required to pay another 18% of the sum for which they won the item to the Auction House (Galerie Karoline s.r.o.).
16.4 The fees specified above are due payable on the date the auctioned item is handed over to the successful bidder, or on the date the auction is held for items not sold within the terms of the auction.
16.5 If the Proposer requests that the auctioneer release the item to be auctioned at any time before the auction takes place, they undertake to pay the auctioneer the sum of 10% of the reserve price specified for the individual item to be auctioned in Annexe no. 1 of the contract and to reimburse the Auction House for all its expenses. This sum is due payable the moment the auctioneer receives the Proposer's request to release the item to be auctioned. The auctioneer is entitled to apply withholding rights to the item to be auctioned until full payment of this sum or any other claims by the auctioneer against the proposer. In the event that the item to be auctioned is not auctioned or sold in post-auction sale, the Proposer is entitled to take the item back.
17. The bidder must state any objections concerning the progress of the auction to the Auction House or to its authorised persons immediately after the reason for the objection originated, no later objections will be acknowledged. Goods successfully bid on on the basis of a power of attorney conferred to the Auction House can be returned at the time of receipt at the latest.
18. The successful bidder bears all the expenses related to receipt of the auctioned items.
19. The date the item is handed over from the Proposer to the successful bidder is the date all liability for damages caused by the auctioned item or to the auctioned item is transferred from the Proposer to the successful bidder. If the bidder delays in taking receipt of the auctioned item, they bear the risk of damages and liability for damages.
20. There are two methods of bidding by proxy:
a) Bidding to a set limit, i.e. bidding by proxy up to the maximum sum, which the interested party is willing to pay for the items being bid on by the authorised employee of the Auction House. During bidding to a limit the bidder must write up a power of attorney for Galerie Karoline s.r.o. for representation during an auction:
? A power of attorney for Galerie Karoline s.r.o. for representation during bidding,
? designate the work which they wish to obtain and which Galerie Karoline s.r.o. is to bid on,
? set a limit (the highest sum for the work of art), which the bidder is willing to purchase the work for.
b) bidding by telephone, i.e. bidding by proxy arranged by the Auction House using a telephone connection between the Auction House and the bidder. Bidding by telephone must be arranged before the auction with Galerie Karoline, Prague 4, Pod D?kankou 1694/4 140 00 Prague 4, the bidder's identification must be filled in along with a binding application, which gives the name of the work and the work's catalogue number, so that no mistake is made, the telephone number on which the bidder will be available and a power of attorney for the Auction House for representation during the bidding. Interested parties can also obtain information at www.ekaroline.cz. However, it is not permissible to make representation during bidding for one item conditional to success or failure when bidding for another item, or to designate alternative items.
21. The Auction House does not assure transport of purchased items. If the successful bidder does not collect the auctioned item within one year from the date it was won, the Auction House may sell the item at the discretion of Galerie Karoline s.r.o. and the proceeds may be sent to the successful bidder after fees for brokering a sale are deducted.
22. The successful bidder is liable for loss or damage to auctioned items, from the moment these are taken receipt of or after elapse of 15 days from the date of the auction, depending on which time limit elapses first, during which time the Action House and its employees cease to be liable for any loss or damages incurred to the auctioned item from this time, as a result of negligence or any other causes, throughout the time these are held or stored by the Auction House.
23. These Auction Rules are written up in compliance with Czech legislation and are also governed by the relevant legal regulations of the Czech legal system. All transactions regulated or arising from these Auction Rules, and also all other related facts, are governed by Czech legislation.
In Prague, on 11/04/2012
Galerie Karoline
