1. Organizer (auctioneer):
Auction house Filatelie-Klim / AUCTIONS KLIM / Brno, P.O.Box 472, 660 72,
Brno 2, Czech Republic.
2. AUCTIONS KLIM is a company of the below-mentioned partners that was established within the meaning of the agreement concluded under Section 2716 et seq. of the Civil Code.
Richard KLIM, Bayerova 572/2, 602 00 BRNO, Czech Republic, identification No. 463 15 845
Martin KLIM, Švédské kříže 647/1, 664 48 Moravany, Czech Republic,
identification No. 621 09 863
Address of establishment: Česká 19/21, 602 00, Brno, tel./fax +420 542 211 931
3. Auction is a voluntary public activity that is governed in particular by Act No. 26/2000 Coll. on Public Auctions and other valid legal regulations of the Czech Republic, in which every person fulfilling conditions stipulated in these rules of law may participate.
4. Place of the auction is always published in advance in usual manner – e.g. in the auction catalogue, media etc. Objects offered to the auction must fulfill conditions stipulated in provisions of Section 17 paragraph 3-7 of the Act on Public Auctions.
5. Auction items may be seen in Filatelie Klim shops 10 days before the auction is held and on the day of auction in the auction hall of the hotel International Brno from 8.00 a.m. to 9.00 a.m.
6. Auction item (lot) is knocked down to the highest bidder. A surcharge of 17% shall be added to the hammer price. Ownership of the object obtained in the auction shall be acquired after payment of the hammer price including the surcharge.
7. Required basic starting prices are stated in CZK and the bids shall be increased under the following table:
To 500 CZK 20 CZK
500 - 1 000 CZK 50 CZK
1 000 - 2 000 CZK 100 CZK
2 000 - 10 000 CZK 200 CZK
10 000 - 20 000 CZK 500 CZK
20 000 - 50 000 CZK 1 000 CZK
50 000 - 100 000 CZK 2 000 CZK
100 000 - 200 000 CZK 5 000 CZK
200 000 - 500 000 CZK 10 000 CZK
500 000 - 1 000 000 CZK 50 000 CZK
Over 1 000 000 CZK 100 000 CZK
8. Hammer prices (including 17% surcharge) shall be mature by present participants immediately. In the case of mail bids by cash on delivery. If several identical mail bids arrive, the bid that arrived earlier shall become the successful one. If there is a mail bid identical to a bid of a present participant, the present bidder shall enjoy priority. Present bidders may agree with the auctioneer in advance on sending of auctioned lots cash on delivery or on another manner of payment.
9. Mail bids can be made to any of the lots described in the auction catalogue by using the enclosed form. Written orders can also be sent via the website www.filatelie-klim.com (after login) or email email@example.com. One form can contain any number of bids of one bidder. Each mail bid must always state the maximum amount that the bidder is prepared to pay for the lot. The auctioneer is obliged to fulfil mail bids as advantageously for the bidder as possible, in such manner that it bids up by one bid higher than another mail bid is. Acceptance of mail bids for the hall auction shall terminate on the auction day at 0:00 a.m..
10. Lots knocked down to a mail bidder are sent by the auctioneer in insured letter cash on delivery as soon as possible after the end of the auction, at the latest within four weeks after the end of the auction, with adding of the mail charges.
11. Unsold lots determined for the auction may be bought at the organizer after the end of the auction in the auction room or they may be bought for a starting price with 17% surcharge in the auctioneer’s establishment at the address Česká 19, Brno, within 7 calendar days after the end of the auction.
12. 15% of the price reached at the sold lots is deducted. Payment for the sold lots shall be cleared and paid without delay, however at the latest within 60 calendar days after the auction. Within the same period the unsold lots shall be returned to their owners through insured letter.
13. In the case that the owner withdraws before the auction, he shall pay to the organizer handling fee of 5% of the starting price of the lot.
14. Claims concerning liability for defects of objects at lots bought in the auction may be filed only in the case of hidden defects. Objects in the auction are bought “as they are”. In the case of objects with defects, obvious in particular from description or picture in the auction catalogue, liability for defects may not be claimed. When objects are sent by mail and consignment with the objects is received cash on delivery, claim concerning liability for defects may be filed at the latest within 7 calendar days after takeover of the consignment. If the addressee does not collect the cash on delivery consignment within 21 business days after sending by the auctioneer, entitlement to claim defects of the objects in question shall be lost.
15. Mail bids to auction and claims concerning defects of the objects shall be sent in writing to the auctioneer’s address for service:
Filatelie Klim, P.O.Box 472, Brno 2, 660 72 or to
RULES OF RECEIPT OF WRITTEN ORDERS BEFORE AUCTION
1. On the set date the auction is started and all items and their starting prices are published.
2. Participants may bid in two manners: - Bid the lowest possible amount that is given as a sum of current price. - Enter their maximum. Current price shall be calculated as a current highhest bid plus an amount of the minimum bid.
3. After entering of the bid e-mail notification is sent to the user confirming acceptance of the bid. It is also obvious whether the user is or is not a current winner of the item.
4. Amount of the minimum bid is determined on the basis of the current price of the auctioned item under the table of auction bids.
5. In the case of two or more same maximum bids, the winner shall be the user, who entered the bid first.
6. When the current price of the auctioned item is increased, its amount may be seen online on the auctioneer’s website and the participant’s identity is not disclosed and available.
7. User puts bids to the “auction basket” that must be sent then. By sending the user confirms his participation in the auction of the particular auctioned item.
8. Online auction ends at the time determined in advance. After the end of the auction the auctioneer shall send to the auction participants information on the result through e-mail.
9. In the case that the bid is sent after the end of the online auction, such bid shall not be accepted automatically. Based on decision of the auctioneer such bid may be accepted if it does not affect result of the particular online auction. It shall inform the participant on acceptance of the bid through e-mail.
CONDITIONS FOR RECEIPT OF GOODS
1. Objects accepted to auctions are accepted from offerors. Agreement on procurement of sale of the object in auction is concluded with the offerors, which specifies conditions and mutual rights and duties of the contracting parties in such connection. After prior agreement with an owner the auctioneer may subsequently consolidate several lots in one item or possibly it may divide one lot into more items.
2. Organizer collects from sellers a handling fee for each lot of CZK 30. This fee shall be mature at accounting of the auction also in the case that the lot was not sold.
3. In the case that the offeror is a VAT payer and the offered goods are property being subject to VAT, the offeror shall be obliged to inform the auction house and provide it with its billing data so that it would be possible to act in accordance with Section 108 paragraph 4 of the Act on VAT, i.e. to pay VAT on sale to its account at the tax administrator.
4. Organizer shall be entitled to refuse the objects offered to the auction. It may require at its discretion providing of certificate of authenticity or possibly it may, after agreement with the offeror, obtain the certificate of authenticity at the costs of the offeror.
PERSONAL DATA PROTECTION
1. The Auction Hall Filatelie – Klim (hereinafter referred to as "the Auction Hall") hereby informs that in connection with its activity it processes personal data (hereinafter referred to as "PD") of individuals (hereinafter referred to as "the data subjects"), namely of an individual interested in selling items in the auction (hereinafter referred to as "an individual interested in selling") and a participant in the auction (hereinafter referred to as "a participant in the auction"). The partners (see above, including the contact information) are PD controllers. The processing is carried out manually and/or automatically.
2. In case of individuals interested in selling and participants in the auction the following data are processed:
a. identification data, i.e. a name and a surname, a date of birth, an address of residence, numbers of the identification documents presented;
b. data about a phone number and an email address in case the data subject communicates by telephone or via the electronic mail;
c. data concerning the items being offered and auctioned off, including the reached and paid price;
d. data about an amount of remuneration for the services provided; and
e. data contained in the communication (email, written, or other) between an individual interested in selling or a participant in the auction with the Auction Hall concerning providing the auction services.
3. In order to prevent damage to the property the premises where the auction is held (a receipt of goods, a release of goods, administration) are monitored by the camera system and so PD consisting in recording appearances are also processed. These premises are always marked with a warning.
4. The provision and processing of PD given in article 2 is necessary for entering into and performing a contract related to the services being provided by the Auction Hall, i.e. making the sale of items in the auction and the purchase of items in the auction possible. Without providing these PD the services of the Auction Hall could not be provided.
5. Above mentioned PD, or a part of them, are further processed:
a. for the reason of possible enforcement of rights or conducting other lawsuits before the courts or disputes before other authorities in case the Auction Hall has a legitimate interest in such processing;
b. for the purpose of sending commercial communications related to the similar services of the Auction Hall, particularly to the persons who provided an electronic contact in connection with the services being provided because the Auction Hall has a legitimate interest in it;
c. for the reason of the protection of the proprietary interest provided that in case of discovering un unlawful action the camera system recording will be submitted to the Police of the Czech Republic; and
d. for the reason of complying with the statutory duties including, but not limited to the duties resulting from the accounting and tax regulations, e.g. for the purpose of archiving tax documents and possible proving of a legal ground for their issue.
6. Consent is not necessary for the processing of above mentioned PD for achieving the purposes given hereinafter. After the purpose of the given PD processing has been achieved, PD will not be further processed for this purpose and if PD are not necessary for achieving any of the mentioned purposes anymore, PD will be erased. The PD processing for the purposes of sending commercial communications will be terminated immediately after the data subject has raised an objection to such processing or informed that he was not interested in sending anymore. The camera system recordings are erased automatically no later than 90 days from the day of making the record.
7. When complying with its obligations resulting from the contracts, the Auction Hall may use professional and specialized services of other entities. If these suppliers process PD transferred from the Auction Hall, they have a status of PD processors and process PD only within the instructions given by the Auction Hall and must not use them in a different way. They particularly include the activities of experts and postal or delivery services. The Auction Hall carefully selects each such supplier and enters into a contract for the PD processing with it; in such a contract there are specified the obligations related to the protection and security of PD.
8. In connection with the PD protection the data subject shall have the following rights:
a. the right of access to his or her PD which especially includes the right to receive a confirmation from the Auction Hall whether it processes his or her PD, information on purposes of processing, PD categories, recipients to whom PD have been or will be disclosed, a planned period of processing, on the existence of the right to request from the controller rectification or erasure of PD concerning the data subject or restriction of their processing or the right to object to such processing;
b. the right to have inaccurate PD rectified; however, at the same time the data subject is obliged to notify of changes of his or her PD and demonstrate that such a change has occurred. At the same time the data subject is obliged to render cooperation to us, if it is found out that PD being processed about him or her are not accurate;
c. the right to erasure of PD concerning the subject data if the Auction Hall does not demonstrate legitimate grounds for the processing of these PD;
d. the right to restriction of the PD processing until an initiative is resolved, if the data subject contests the accuracy of PD, grounds for their processing or objects to their processing;
e. the right to the communication of rectification, erasure or restriction of the PD processing, unless this proves impossible or involves a disproportionate effort;
f. the right to portability of data in a structured, commonly used, machine-readable format and the right to request transmitting these data to another controller;
g. the right to object to the processing of his or her PD for a legitimate interest of the Auction Hall (e.g. sending commercial communications); in case the existence of a compelling legitimate ground for processing which overrides the interests or rights and freedoms of the data subject is not demonstrated, on the basis of the objection the Auction Hall shall terminate the processing without any undue delay; and
h. the right to refer to the Office for Personal Data Protection (www.uoou.cz) with an initiative or a complaint.