TERMS AND CONDITIONS OF PUBLIC AUCTIONS

Definitions:

Auctioneer – the operator of the auction, Artia s.r.o.
Interested Party – a bidder verified in accordance with Act No. 250/2023 Coll., a participant in the auction.
Petitioner – the owner, the seller of the auctioned items in the auction.
Buyer’s Premium – the remuneration of the Auctioneer.
Minimum Bid – the bid amount determined by the Auctioneer as the lowest acceptable increment.
Reserve Price – a confidential limit set by the seller below which the item cannot be sold.

General Provisions and Registration

1. Auctions organized by Artia s.r.o. are conducted as public auctions in accordance with Act No. 250/2023 Coll., on Public Auctions, as amended. The auctions are held electronically at the internet address www.aukcni-galerie.cz, or physically as room auctions. Both of the aforementioned types of auctions may be combined.

2. The Auctioneer is Artia s.r.o., with its registered office at Opletalova 1417/25, 110 00 Prague 1, Company ID (IČ): 06011721, Tax ID (DIČ): CZ06011721, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 274073 (hereinafter referred to as “Artia” or “Artia Auction Gallery”).

3. Participants in the auction are registered and verified interested parties participating in the auction as buyers (hereinafter referred to as “Bidders”).

4. By completing the full registration and logging into an auction, Bidders automatically become members of the Artia Auction Gallery Bidders' Club, which enables them to participate in auctions organized by Artia. An "Auction Lot" or hereinafter simply a "Lot" refers to a offered movable object or a set of objects under a single auction lot number, or under a single number within the fixed or post-auction sale offer.

Condition of Lots and Liability for Defects

5. The subject matter of Artia auctions consists of art pieces, antiques, and pre-owned items. These items may show signs of age, wear, or minor damage corresponding to their nature and age. For this reason, common wear and tear is not specified in the description of the lots, and it is presumed that Bidders are aware of this condition. The existence of common wear and tear or damage corresponding to the age of the item does not constitute grounds for a claim (complaint). Liability for defects is governed by general legal regulations; however, the Auctioneer is not liable for defects for which the price was reduced, or for defects corresponding to the degree of previous use or wear and tear that the item had when taken over by the Bidder. Artia reserves the right to clarify or change the description of the exhibited lots at any time during the auction in order to specify their characteristics, condition, or authorship. Bidders may personally inspect all lots at the registered office of Artia during the calendar week preceding the end of the auction, based on a prior reservation. Given that the colors and details in photographs published on the internet may be distorted by technical display parameters, the Auctioneer recommends a personal inspection of the items.

6. The sale of artworks in the auction may also include their frames or framing adjustments, even if their price is not explicitly included in the starting price of the artwork itself. The condition of the framing and adjustment does not need to be detailed in the description of the auction lot. The Bidder acknowledges that any common wear and tear, minor damage, or defects of the frame that do not diminish the value of the artwork itself are considered characteristics of a pre-owned item and cannot be subject to a separate claim (complaint).

Course of the Auction and Bidding

7. The start time of an electronic auction, a room auction, or a combination thereof is always precisely specified in the auction description, and from this moment on, Bidders may place bids and set their maximum limits. The end time for placing bids or limits in an electronic auction is always determined in advance. In the case of a room auction or a combination of a room auction with an electronic auction, the start and end of the bidding for each lot are determined by the auction organizer through the designated person of the auctioneer (the Licitator).

8. In an electronic auction, lots are arranged chronologically by numbers, and bids can be placed throughout the entire duration of the auction from its commencement. In a room auction, lots are called sequentially as they are presented numerically in the catalog or lot list.

9. The payment of an auction deposit (bond) is standardly not required unless specified otherwise by the Auctioneer in a specific auction notice. Bidders must be over 18 years old, fully legally competent to perform legal acts and acquire movable assets, and completely registered in the Artia auction system via the portal www.aukcni-galerie.cz, including providing complete identification data required by Act No. 253/2008 Coll. (hereinafter referred to as the “AML Act”).

AML and Identification Requirments

10. Any natural or legal person who completes the full registration on the portal and proves their identity in accordance with the AML Act becomes a Registered Bidder.

A natural person proves their identity by uploading a double-sided scan of a valid identity document (with the option to cover the personal identification number / rodné číslo) or by using another permitted method of remote identification.
A legal person is obliged to provide an extract from the Commercial Register (not older than 3 months), identify the acting individual (or provide a power of attorney), and disclose its ultimate beneficial owners in accordance with the AML Act.

Each auction participant is obliged to provide the Auctioneer with cooperation to fulfill obligations under the AML Act, including, if applicable, proving the origin of financial funds. The Auctioneer reserves the right to refuse or cancel registration or access to the auction without giving any reason, particularly in the event of failure to provide AML cooperation, suspicion of breach of AML regulations, or if the Bidder has breached the terms and conditions or disrupted an auction by non-payment in the past.

Bidding Mechanism

11. A bid in the auction may be placed in the amount of at least the lowest possible increment offered by the auction system or the Licitator, or the Bidder may specify any higher bid, where the current price equals the sum of the last highest bid plus the amount of the next bid determined by the Bidder, or insert a limit, where the current price equals one step higher than the bid of the previous bidder.

12. The lowest possible increment is always determined for an announced auction in the form of a "Bidding Table".

13. In an electronic auction, a time indicator counts down the time remaining until the hammer falls (the fall of the hammer means the winning of the lot by the bidder for the highest bid and the termination of the auction for the individual lot) to the highest bid. The auction of an individual lot continues as long as Bidders place bids. If a bid is placed or a limit setting is changed within the last five minutes before the specified end of the lot auction, the lot auction is automatically extended by another five minutes. This means that if a bid is placed or a limit is changed just before the end of the lot auction, it is deemed that Bidders are still placing bids, and the end time of the lot auction is shifted by 5 minutes from the moment the last bid was placed or the limit was changed. If further bids are placed or limits are changed thereafter, the procedure according to the previous sentence is repeated. If the countdown on the time indicator expires from the last placed bid or limit change without another bid being placed or limit being changed, it is deemed that Bidders are no longer bidding, and the auction of the lot ends with the fall of the hammer (the knock-down) to the Bidder with the highest bid. The bid of the Bidder with the highest bid and the amount of this bid are visible in the auction description, including the timestamp of the bid. Artia reserves the right to extend the auction or postpone the end of the hammer fall of the last highest bid.

14. The Bidder with the highest bid will be notified of the conclusion of the lot auction by email; alternatively, the Bidder can check their won and lost lots in the "My Account" section after logging into the website www.aukcni-galerie.cz. Artia s.r.o. bears no responsibility for the deliverability of emails to the Bidder's email inbox.

Payments, Buyer's Premium, and Handover

15. A Buyer's Premium for Artia s.r.o. for organizing the auction is added to the amount of the highest bid of a lot. The amount of the Buyer's Premium is standardly set at 28%, but it may vary for individual auctions as a whole or for individual lots in the auction, which would be published in advance in the auction or lot description. The Buyer's Premium is rounded up to the nearest ten Czech korunas (CZK) and amounts to a minimum of 50 CZK.

16. The subject matter of the auction always consists of movable objects published in advance in the respective auction under individual auction lot numbers, including their images in the electronic auction; the Auctioneer reserves the right to withdraw any lot from the auction without prior notice and without publishing the reason for withdrawing the lot from the auction.

17. Artia will award the hammer price to the Bidder who places the highest bid/limit. The deadline for paying the highest bid is set within 10 calendar days from the date of the hammer fall. The Bidder shall pay the highest bid increased by the Buyer's Premium by wire transfer to the account according to the information sent in the email after the conclusion of the auction.

18. Crediting the highest bid including the Buyer's Premium, as well as other costs associated with sending the won lot, to the account of Artia s.r.o. is considered a proper and timely payment. Partial fulfillment by the Bidder does not establish the right to hand over the won auction lot to the Bidder.

19. The Bidder is entitled to take over the auctioned movable item after paying the highest bid, including all Buyer's Premiums and any additional costs, but no later than 30 calendar days from the date of the conclusion of the lot auction. After this period expires, storage fees may be charged to the Bidder for the uncollected item won in the auction.

Shipping, Storage Fees, and Forfeiture

20. Won movable items can be sent via a courier transport service according to the valid price list (HERE), or the Bidder is entitled to collect them personally or through a proper representative at the premises of Artia, Opletalova 1417/25 (rear building), 110 00 Prague 1, during business hours, or outside these hours by prior agreement, always against the presentation of an ID card or other identity document. The "Item Handover Protocol" will be received by the Bidder after paying the highest bid, the Buyer's Premium, and collecting the auctioned item. If the Bidder does not collect the item within 30 calendar days from the conclusion of the auction, the Auctioneer Artia is entitled to charge a storage fee for each commenced day in the amount of 0.5% of the total sum of the highest bid and the Buyer's Premium for which the Bidder won the lot, up to a maximum of 200 CZK excluding VAT per commenced day of storage. If the Bidder does not collect the auctioned movable item within 2 calendar months and 20 calendar days after the conclusion of the item auction, Artia may order a re-auction, whereby the Bidder loses ownership rights and is entitled to a refund of the paid amount reduced by possible costs for storing the given lot and the Buyer's Premium that the Bidder was obliged to pay after winning the item. The ownership right to the auctioned item transfers to the Bidder at the moment of full payment of the highest bid and the Buyer's Premium. The proof of acquisition of ownership is the Item Handover Protocol. This document is handed over to the Bidder or their representative upon taking over the auctioned lot after payment of the highest bid, the Buyer's Premium, and any other costs.

21. Artia Auction Gallery is not responsible for the Bidder's internet connection, its speed, and ability to bid. Artia does not accept claims or complaints lodged after the end of the auction regarding technical problems, inability to connect to the internet, or unavailability of the website www.aukcni-galerie.cz.

22. A bid in the case of an electronic auction is considered placed only if it has been retroactively confirmed to the Bidder by the electronic auction system via the display of a message through the public data network on the screen of the computer or other electronic device through which the Bidder connects to the Artia electronic auction. Bidders in an electronic auction may place identical bids – the electronic auction system distinguishes the chronological sequence with sufficient accuracy and will admit a later bid of the same amount only as a non-winning bid; each subsequent bid must therefore exceed the previous placed bid by at least the specified minimum increment. Bidders are bound by their bids until Artia awards the highest hammer price; the end time of the auction for an auction lot is always displayed in the auction description. The amount of the highest bid is published in the electronic auction system next to the auctioned lot in the description, including the sequence of bids of individual bidders. The price of the auctioned movable items, the so-called current highest bid, is the price to which Artia adds a Buyer's Premium as a reward for organizing the auction, amounting to 28% unless specified otherwise for a specific auction or lot. The Buyer's Premium includes the statutory VAT rate of 21%. The Buyer's Premium is designated by the auction organizer to cover costs and services associated with organizing the auction; the final amount of the Buyer's Premium is rounded up to the nearest ten Czech korunas and amounts to a minimum of 50 CZK.

23. A Bidder who fails to pay the highest bid including the Buyer's Premium properly and on time is obliged to compensate for the costs incurred by Artia s.r.o. in connection with the re-auction of the given lot and the difference in the highest bid, should a lower highest bid be achieved in the re-auction.

Cancellation of Bids and Exclusion of Right of Withdrawal

24. Artia reserves the right to cancel, postpone, or prematurely terminate a bid or the entire auction of an individual lot, exclusively during the active course of the auction prior to the fall of the hammer, in the following cases: the bidder was not properly verified or obtained registration based on false data; any damage occurred to the auctioned item; a declaration of bankruptcy or initiation of insolvency proceedings was issued against the bidder; the bidder failed to pay for or collect an auctioned lot in time in the past; the lot was declared a cultural monument; the lot is encumbered by third-party rights or its ownership is unclear; or if the auction is partially disrupted due to technical reasons. Artia bears no responsibility for any disruption or technical unavailability of the auction, and in such a case, it may extend the active auction without prior notice or restart it from the starting price or from the last highest bid.

25. The Bidder acknowledges that since the auctions are conducted under the public auction regime pursuant to Act No. 250/2023 Coll., on Public Auctions, any right to withdraw from the contract concluded by the fall of the hammer within the statutory 14-day period without giving a reason is completely excluded in accordance with Section 1837(l) of Act No. 89/2012 Coll., the Civil Code, regardless of whether the petitioner (owner) of the lot is a natural or a legal person. The ownership right to the auctioned item transfers to the Bidder at the moment of full payment of the highest bid and the Buyer's Premium.

Protection of Personal Data (GDPR)

For reasons of protection, proper credibility, and seriousness of the auction participants, Artia requires the provision of data of Bidders with full registration for full registration and participation in auctions, including the identity document number and its scan, photograph, or photocopy. Artia fully respects the privacy of all Bidders; it handles the data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 110/2019 Coll., on Personal Data Processing.

Effective as of: July 8, 2026

Reserve Price

A Reserve Price may be applied to certain pre-determined lots in the auction. The Reserve Price in an auction is the minimum price for which the Petitioner is willing to sell the offered lot. In a situation where this pre-determined price is not reached in the auction, the hammer will not fall and the item will not be sold. This reserve price is set in advance as confidential, and its exact amount is not publicly known. However, it is announced to the Bidders in the detail of the offered lot that: “A Reserve Price applies to this lot”.

Personal Data Processing Policy HERE
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