Terms of Sale

I. General Provisions of the Auction
1. Numismatika Pešek s.r.o., a company based at Cyrila Boudy 1444, 272 01 Kladno, Czech Republic, Comp. Reg.No. (IČ).: 09020969, VAT No.: (DIČ): CZ09020969, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 329260, registered with the Assay Office under No. 14397 (hereinafter referred to as the "Company"), sells coins, medals, banknotes, orders, decorations and other items (hereinafter referred to as "items") on its own name and on behalf of its customers (hereinafter referred to as the "Sellers"), including sells through auctions. Auctions of such items shall be conducted in accordance with these auction terms and conditions (hereinafter referred to as the "Auction Terms and Conditions").
2. By submitting a bid in writing or electronically, the bidder expresses his/her unconditional agreement to the contents of these Auction Terms and Conditions.
3. Participation in the auction is only possible remotely, via the https://pesek.onebid.cz web interface or by sending the limits via the auction portals selected by the company (https://www.sixbid.com, https://www.numisbids.com, https://www.numis24.com, https://www.biddr.com, http://onebid.pl).

II. Subject of the Auction
1. The Company offers for sale at auction items for which it has concluded agreements with their owners for the mediation of the sale at auction or items that it owns.
2. The subject of the auction may be items declared a cultural monument pursuant to Act No. 20/1987 Sb., on State Monument Care, as amended (hereinafter referred to as the "Monument Care Act"), or items proposed as cultural monuments.
3. Pursuant to Act No. 71/1994 Sb., on the Sale and Export of Objects of Cultural Value, as amended, it is necessary to fulfil the conditions set out in this Act, in particular, to obtain the prior consent of the competent authorities, in order to export a cultural monument abroad. These items may only be exported from the Czech Republic upon presentation of an official certificate stating that they are not declared a cultural monument and are not part of a collection declared a cultural monument under the Act on Monument Care.
4. If the subject of the auction is a collection or individual collection items registered in the central register of collections of a museum nature, maintained by the Ministry of Culture of the Czech Republic, they may only be handled under the conditions set out in Act No. 122/2000 Sb., on the Protection of Collections of a Museum Nature, as amended.
5. After a personal takeover of the auction item or before its shipment according to Article VIII, the buyer is responsible for meeting the requirements of the legal regulations referred to in paragraphs 2, 3, and 4, clause II of these Terms and Conditions.

III. Auction Participants / Bidders
1. Only persons registered as auction participants (bidders) within the meaning of Article I. point 3. of these Terms and Conditions may participate in the auction.
2. Legal persons are obliged to fulfil the conditions for participation in the auction at the latest 5 working days before the auction. Participation of legal entities outside the EU, SUI, UK, USA, CAN, AUS, New Zealand, Norway, and Iceland shall not be accepted. When registering for the auction, companies of unknown foreign legal entities (except for those from the Slovak Republic or the Czech Republic) must, among other things, also submit an official document (equivalent to an extract from the Commercial Register) proving at least the name, legal form, registered office, and persons authorised to act on behalf of the legal entity, not older than 3 months, as well as a valid proof of identity of the person acting on behalf of the legal entity. The documents must be in Czech or English or be officially translated into one of these languages.
3. The Company shall be entitled to require the person interested in registering as an auction participant (bidder) to pay a deposit for the purchase price of the auction item prior to the auction by means of a wire transfer to the Company's bank account, whereby the payment must be credited to the Company's account no later than by the end of the business day immediately preceding the day of the auction, or to provide the Company with additional information (e.g. a photocopy of an identity card) and a guarantee by a trustworthy person. There is no legal entitlement to register for the auction. The Company may refuse an application for registration of an auction participant (bidder) without providing any reason.
4. Persons who are not fully capable of exercising their legal capacity, persons who cannot acquire ownership of and rights to the auction items, and persons whose property has been declared bankrupt or against whom an insolvency petition has been dismissed for lack of assets shall not be allowed to participate in the auction for a period of three years from the legal validity of such a decision.
5. The Company may exclude from the auction any person who has failed to pay the purchase price of any auction item sold by the Company within the last three years or has otherwise materially breached his or her contractual obligations to the Company.
6. The Company reserves the right, at its sole discretion, to change the date or location of the auction, communicating such change in an appropriate manner to already registered participants and by a notice on its website.

IV. Representation
1. Representation in the auction is excluded according to paragraph I. point 3 of the Auction Terms and Conditions.
2. It is only possible to participate in the auction and purchase goods in one' s own name and on one's own account.

V. Information about the Auction and Auction Items
1. An electronic auction catalogue is issued for each auction, and it is available on the https://pesek.onebid.cz portal, in which the auction items sold in the auction are listed, along with their starting price, which includes any VAT at the statutory rate, a picture, and a textual description, whereby in the event of a conflict between the picture and the textual description, the textual description shall prevail. An assessment of the degree of preservation made by the Company or a third party is also indicated.

VI. During the Auction
1. Duly registered participants (bidders) may submit their bids in the auction in accordance with these Auction Terms and Conditions.
2. The Company is also entitled to participate in the auction and to bid for the auctioned items; the bidding on behalf of the Company shall be made by an authorized person.
3. Participants (bidders) submit limit or "live" (real-time) bids via the ONEBID.PL online platform, which is available on the https://pesek.onebid.cz website, which is also governed by the rules of this platform. Together with the provider and the operator of the online platform, the Company will endeavour to ensure its availability and trouble-free operation. It is, however, the responsibility of the participant (bidder) to obtain information in advance about the technical prerequisites and requirements of the online platform and to make all necessary installations and adjustments to their devices. The Company shall not be liable for any legal liability for any losses or any other claims arising from interruption or delay in connection due to technical faults or problems.
4. The prices listed in the catalogue for individual items are minimum prices in EUR currency (call prices), lower bids cannot be accepted. The company reserves the right to combine or split items differently than in the catalogue, to change their order, or to relist unsold items in the auction. The auction of an item begins by calling up the serial number and the starting price. The next possible bid is determined according to the last bid as follows:

Last bid Bid amount
Up to EUR 20 EUR 1
From EUR 20 to EUR 50 EUR 2
From EUR 50 to EUR 200 EUR 5
From EUR 200 to EUR 500 EUR 10
From EUR 500 to EUR 1 000 EUR 20
From EUR 1 000 to EUR 2 000 EUR 50
From EUR 2 000 to EUR 5 000 EUR 100
From EUR 5 000 to EUR 10 000 EUR 200
From EUR 10 000 to EUR 20 000 EUR 500
From EUR 20 000 to EUR 50 000 EUR 1 000
From EUR 50 000 to EUR 100 000 EUR 2 000
From EUR 100 000 to EUR 200 000 EUR 5 000
From EUR 200 000 to EUR 500 000 EUR 10 000
From EUR 500 000 to EUR 1 000 000 EUR 20 000
Over EUR 1 000 000 EUR 50 000

5. If limit bids are not a multiple of the indicated bids, they shall be rounded down to the nearest possible bid. In the event of identical bids of the same type, the bid submitted earlier shall prevail. The item shall be knocked down to a participant (bidder) if the participant's (bidder's) highest bid has been called three times and no higher bid has been submitted. Knocking the item down obliges the successful participant (bidder) to pay the full purchase price for the item, including any applicable VAT at the legal rate. No objection to the knockdown shall be admissible. Any disputes regarding the auction process shall be finally decided by the Company at its sole discretion.

VII. Payment of the Purchase Price of the Auction Item
1. By knocking the item down, the Company accepts the highest bid, the auction price is agreed upon, and the purchase contract is concluded. The auction price is the basis for the calculation of the auction premium in the amount of 20%of the auction price, but at least EUR 2 per item (including VAT at the legal rate). The auction price together with the auction premium shall constitute the contractual purchase price.
2. The Company accepts payments in EUR and CZK, according to the buyer's place of residence as follows:
2.1. in the case the buyer's residence is in the Czech Republic, the buyer will be obliged to pay the purchase price in CZK (converted at the exchange rate of the CNB valid on the day immediately preceding the first day of the auction)
2.2. in the case of other residence of the buyer, the buyer will be obliged to pay the purchase price in EUR
2.3. payment in the currency of the bidder's choice in EUR or CZK is also allowed, however, the bidder must request the Company in writing at least 5 working days before the auction starts. If the request is accepted by the Company, such a special agreement will prevail over the general rule. Such acceptance shall be a one-off.
3. Unless otherwise individually agreed, payments for goods must be made from an account in the name of the Buyer with a bank operating in the territory of an EU and EFTA Member State.
4. Unless individually agreed otherwise, the buyer is obliged to pay the purchase price for the auction item within 7 daysof the end of the auction if the purchase price of the auction item did not exceed CZK 500,000 and within 14 days of the end of the auction if the purchase price exceeded CZK 500,000. After the expiration of this period, the Company is also entitled to charge interest on late payment at the rate of 0.05% of the amount due for each day of delay. Delay in payment of the purchase price by more than 3 working days shall be considered a material breach of the purchase contract and in such case, the Company shall be entitled to withdraw from the purchase contract immediately. Withdrawal from the Purchase Contract shall be effective upon delivery of a written notice of withdrawal to the buyer at the address provided by the buyer when registering for the auction, or electronically via the electronic address also provided by the buyer during the registration..
5. In case of collection of the payment of the purchase price, the buyer shall bear all costs related to the collection of the amount due, including the costs of legal representation. The Company shall be entitled to transfer its claims for the payment of the purchase price to the seller. The Company may withdraw from the concluded purchase contract instead of collecting the amount due, in which case the buyer shall be obliged to pay the Company and the seller for the damages incurred, including lost profits.
6. The buyer is entitled to set off against the Company's claims for payment of the purchase price only such of its claims against the Company that have been finally recognized by a court of law or expressly acknowledged by the Company as to their cause and amount.
7. In accordance with the applicable legislation of the Act on Certain Measures against the Legalization of the Proceeds of Crime and the Financing of Terrorism No. 253/2008 Sb., the Company carefully and in accordance with the legal criteria assesses the level of risk of legalization for each transaction. Auction participants (bidders) and buyers are obliged, at any stage of the auction and after the end of the auction, to provide the Company with the cooperation and information necessary to identify them and, to the extent required by law, other information necessary to assess the level of risk of legalization (data of a labour, economic, or financial nature, etc.). This information shall be processed by the Company in accordance with the GDPR solely for the purpose of fulfilling its legal obligations. In the event that a participant (bidder) or a buyer fails to provide the Company with the legally requested cooperation or information without delay and, in particular, thereby thwarts or substantially hinders the successful completion of the transaction, the Company shall be legally liable for the damage caused thereby.

VIII. Takeover of the Goods and Acquisition of Ownership
1. The ownership right to the auction item passes to the buyer at the moment of full payment of the purchase price; at this moment the risk of damage, destruction, and loss of the auction item also passes to the buyer. The goods are sent to the buyer immediately, but no later than 30 days after the receipt of the payment. The price for the transport of the auction item is determined by the Company.
2. If the buyer asks the Company for safekeeping of the item, the Company is entitled to charge the buyer for each day and each purchased auction item the amount of CZK 100 and shall not assume any liability.
3. The buyer acknowledges that the contractual shipping partners do not allow the insurance of auction items in one shipment with a value of over CZK 1,000,000 (within the Czech Republic) and over USD 50,000 (within the following countries: Austria, Belgium, Bulgaria, Canada, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland, UK, and the USA). Shipments to other countries cannot be insured.
4. In the event that for reasons on the part of the buyer it is necessary to deliver the auction item repeatedly, the buyer is obliged to pay the costs associated with the repeated delivery or the costs associated with another method of delivery.
5. Upon the receipt of the auction item from the carrier, the buyer is obliged to check the integrity of the packaging of the item and in case of any defects, immediately notify the carrier. In the event that the packaging is found to have been tampered with, the buyer may refuse to accept the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment containing the auction item has fulfilled all conditions and requirements and that any subsequent claims regarding damage to the packaging of the consignment cannot be taken into account.
6. Together with the auction item, the Company shall issue the buyer with written confirmation of the acquisition of ownership.
7. The Company does not send consignments containing any auction item to the Russian Federation or to other countries that are also members of the Commonwealth of Independent States (Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, and Uzbekistan). Participants (bidders) from these countries also declare, when submitting a bid in the auction, that the auction items purchased at the auction will be collected in person at the Company's headquarters in Kladno or at an agreed location. The auction items remain the property of the supplier until the purchase price is paid in full.
8. In case of the intention to export the auction item abroad, the buyer is obliged to ensure in advance that the requirements of the relevant legislation, in particular the regulations referred to in Article II of these Auction Terms and Conditions, are met and that the relevant approvals are obtained, and shall be responsible for the payment of any applicable taxes, duties, and fees.
9. The Company is not obliged to inform the buyer of the seller's identity (and vice versa).

IX. Responsibility
1. In the event that the Company shall be liable to the buyer for damages, the buyer agrees that its compensation shall be limited. The Company shall not be liable for any loss of profits or damages that would have occurred anyway. Only the property damage incurred, to the extent proven, shall be reimbursed up to the amount of the purchase price paid for the auction item. Furthermore, the Company shall not be liable to the buyer for any damages to the auction items that occur during the buyer's delay in taking possession of the auction items.
2. Any latent defects in the auction items must be claimed by the buyer within 12 months of the acceptance of the auction item.
3. The appraisal, expert determination, and description of the auction object shall be carried out by experts authorised by the Company. The information in the auction catalogue is the result of professional investigations; however, the accuracy of the opinions and valuations cannot be fully guaranteed. Only such defects and damages which may affect the price are indicated for the items which are the subject of auctions organised by the Company. Any damage is already taken into account in the valuation of the auctioned item, as stated in the auction catalogue. Liability for defects can only be claimed if the defect was not obvious from the illustration or the description in the catalogue.
4. Any claimed auction item must be returned to the Company in the same condition in which it was handed over to the buyer, unencumbered by the rights of third parties. The right to claim the auction item, as well as any claims related thereto, are granted exclusively to the buyer and may not be transferred/assigned to a third party. The buyer's right to compensation for damages against the Company is excluded; this does not apply in cases where legal rules of a mandatory nature expressly prohibit the exclusion or limitation of the right to compensation (in particular damage caused intentionally or through gross negligence, etc.).
5. Anyone wishing to participate in the auction shall have the opportunity to inspect the auction items before the auction.
6. Any claims concerning the quality and condition of the auction items, as well as any other apparent defects, shall only be admissible upon personal takeover of the auction item, or within 7 calendar days of its receipt in the case, the auction item is sent. Later claims shall not be taken into account. Claimed auction items must be returned in the same condition in which they were handed over to the buyer.
7. In the case of sets or collections of auction items that are offered as sets of items (more than two items), these sets are offered and sold as they are and no claim can be made after their takeover.

X. Common and Final Provisions
1. By registering in the online auction system, the auction participant (bidder) agrees to these Auction Terms and Conditions and also confirms that he/she is aware of the terms and conditions of processing of his/her personal data, or personal data of natural persons acting on his/her behalf, in accordance with the GDPR and other data protection regulations, as detailed in the Information on the Personal Data Processing, which is an annex to these Auction Terms and Conditions, for the purposes and to the extent specified in the registration form.
2. The court with subject-matter jurisdiction to resolve disputes arising from the auction is the court according to the registered office of the Company. In the event that the auction participant (bidder) / buyer enters into a contractual relationship with the Company in connection with the auction in the capacity of a consumer, in accordance with § 20d et seq. of Act No. 634/1992 Sb, on Consumer Protection, as amended, he/she may also resolve disputes arising from this contractual relationship out of court through the Czech Trade Inspection, based at Štěpánská 567/15, 120 00 Prague 2, Czech Republic; further information is available at www.coi.cz. This is without prejudice to the possibility for the auction participant (bidder) / buyer to pursue his/her claims through judicial proceedings. The pre-contractual notices to consumers within the meaning of Sections 1811(2) and 1820(1) of Act No. 89/2012 Sb., the Civil Code, as amended, are available to consumers on the Company's website and in the online auction system prior to the conclusion of the contract.
3. An auction participant (bidder) or another person whose personal data is processed by the Company may request the Company to provide them with information about the processing of personal data, to restrict or terminate the processing of personal data, or to raise an objection and exercise other rights granted to data subjects by the GDPR Regulation, as detailed in the Information on Personal Data Processing, which forms an annex to these Auction Terms and Conditions. Furthermore, he/she is entitled to file a complaint with the Office for Personal Data Protection (Úřad pro ochranu osobních údajů), located at Pplk. Sochora 27, 170 00 Prague 7, Czech Republic, without prejudice to the auction participant's (bidder's) / buyer's right to pursue his/her claims in court.
4. All services provided by the Company based on these Auction Terms and Conditions, or based on contracts for mediation of auction sales, concluded with the owners of the auction items, shall be deemed for tax purposes to have been provided on the date of delivery of the auction items to the buyer.
5. The purchase of the auction item in the auction, as well as the legal relations related thereto, are governed by Czech law. The application of UN Convention on Contracts for the International Sale of Goods is excluded. If these Auction Terms and Conditions are available in several languages, in the event of any conflict, the Czech version shall prevail. These Auction Terms and Conditions become effective on the date of their publication.
6. An auction sale according to these Auction Terms and Conditions is not an auction within the meaning of Act c. 26/2000 Coll.

XI. Hallmarks
These Auction Terms and Conditions are valid and effective from 1st August 2022.

Annex:

- Information on personal data processing

- Indicative price list of transport services

INFORMATION ON PERSONAL DATA PROCESSING BY THE COMPANY

Numismatika Pešek s.r.o.

1. Information on personal data processing by Numismatika Pešek s.r.o., with its registered office at Cyrila Bouda 1444, 272 01 Kladno, Czech Republic, Com. Reg. No. (IČ).: 09020969, VAT No. (DIČ): CZ09020969, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 329260 (hereinafter referred to as the "Company"), as the personal data controller under the GDPR.
2. The Company processes personal data that it obtains directly from prospective bidders interested in participating in the auction or other services of the Company, and from auction participants (bidders) and its customers. In addition, it processes personal data obtained from public sources (including information from social networks and the Internet, which the data subjects themselves publish), from surveys, or from cooperating third parties (in particular, operators of auction platforms through which the participants (bidders) can participate in the auction). In particular, the Company processes the personal data provided in the registration form, any other personal data it obtains in connection with the auction, and personal data obtained in connection with the provision of other services (e.g. sale of goods via the e-shop, sales in the bricks-and-mortar shop, provision of information on goods).
3. The personal data processed by the Company includes, in particular, the name and surname, birth number, date of birth, contact details, information about the interest in the auction item, auctions, and other services of the Company and auction platforms, information about the use of the services of the Company and auction platforms, transaction data, information from the internet browser used by the data subject and data processed by the Company to comply with its legal obligations or for its legitimate interests. All personal data is processed by the Company for the stated purpose and such personal data is never processed in a way that is incompatible with such purpose.
4. In accordance with the GDPR, the Company processes personal data mainly for the following purposes:
4.1.1.the performance of the contract in the context of the auction and auction-related activities,
4.1.2.the performance of the contract in the context of the provision of other services by the Company,
4.1.3.the operation and proper functioning of the auction portals,
4.1.4.the sale of goods and provision of services in the bricks-and-mortar shop and e-shop,
4.1.5.the protection of the legitimate interests of the Company, or
4.1.6.the performance of other legal obligations (including the storage, modification, searching, sorting, combining, analysis, and disposal of personal data).
5. In connection with the implementation of the combined and internet auction, the Company uses third parties to whom it transfers for processing the personal data necessary for the implementation of the auction, namely one.bid - limited liability company, based at Franciszka Klimczaka 17/107, 02-797 Warsaw, registered in the National Register of the Republic of Poland under number 0000914354, VAT ID: PL9512523763. The processing of personal data for the purpose of marketing its services by e-mail or otherwise is carried out by the Company based on the consent of the data subjects.
6. Based on the consent of the data subjects, the Company transfers personal data to third parties for the purpose of marketing their services by electronic mail or otherwise, namely to the following auction platform operators:
6.1 one.bid - limited liability company, based at Franciszka Klimczaka 17/107, 02-797 Warsaw, registered in the National Register of the Republic of Poland under number 0000914354, VAT ID: PL9512523763.
7. In the case of personal data processing based on consent, the provision of data is completely voluntary and the consent given can be withdrawn at any time. The Company will process the personal data for the period necessary to fulfil the purpose of the processing, generally for a period of 5 years from the registration for an auction organised by the Company, from the use of other services of the Company, or from the moment of communication of the data to the Company for another reason. This is without prejudice to the Company's obligations to store and process personal data pursuant to specific legal regulations (e.g. accounting or tax regulations). In the event of a withdrawal of the consent to personal data processing or a request for termination of the processing, the Company will immediately terminate the processing of the personal data, unless the Company has another legal title to process the data.
8. The Company shall, at any time during the processing of personal data, allow data subjects to exercise their rights under the GDPR and related legislation. Such rights include in particular:
8.1.1.the right to access personal data (Article 15 of the GDPR),
8.1.2.the right to rectification (Article 16 of the GDPR),
8.1.3.the right to erasure - the 'right to be forgotten' (Article 17 of the GDPR),
8.1.4.the right to restriction of processing (Article 18 of the GDPR),
8.1.5.the right to have the recipients of personal data notified of rectification, erasure, or restriction of processing (Article 19 of the GDPR),
8.1.6.the right to data portability (Article 20 of the GDPR); or
8.1.7.the right to object to processing (Article 21 of the GDPR). These rights may be exercised by email to obchod@numismatikapesek.cz or in writing to the Company's registered office at Cyrila Boudy 1444, 272 01 Kladno, Czech Republic.
9. Data subjects may also file a complaint regarding the personal data processing with the Office for Personal Data Protection by sending an e-mail to posta@uoou.cz or in writing to the Office for Personal Data Protection, using the following address: Úřad pro ochranu osobních údajů, Pplk. Sochora 27, 170 00 Praha 7, Česká republika (Czech Republic).

Indicative Price List of Transport Services

Transport within the Czech Republic
Total value of the shipment
Indicative amount of postage, packing costs, and insurance
Up to EUR 40000 EUR 4

Transport within the EU
Total value of the shipment
Indicative amount of postage, packing costs, and insurance
From EUR 0-500 EUR 10
From EUR 501-1000 EUR 30
From EUR 1001-4000 EUR 35
Over EUR 4001 EUR 40

Transport outside the EU
Total value of the shipment
Indicative amount of postage, packing costs, and insurance
From EUR 0-1000 EUR 30
From EUR 1001-4000 EUR 50
From EUR 4001-10000 EUR 80
Over EUR 10001 EUR 100

The above price list is only indicative. The price of transport is calculated according to many factors, in particular: the cost of transport, packaging, insurance, fuel surcharges, etc.