§ 1. Introductory provisions
1. The organiser of the auction is MARCINIAK sp.k. [limited liability company] having its registered office in Warsaw, Al. Jerozolimskie 65/79 office 0A.02, 00-697 Warsaw, Tax ID No. [NIP]: 7011035508, telephone number (+48) 22 407 0220, e-mail address: firstname.lastname@example.org, hereinafter referred to as the Auction House.
2. The auction will take place in Warsaw at the place and time specified in the catalogue published on the Auction House website at aukcje.gndm.pl
3. The Auction House reserves the right to cancel or postpone the auction in the case of fortuitous events which could not have been foreseen in advance.
§ 2. Items offered for sale at the auction
1. The items offered for sale at the auction are collectors’ items being movables, in particular coins, banknotes, medals, decorations or other collectibles (hereinafter: lots) put up for sale by their owners.
2. Descriptions of the lots together with the starting price are presented in the auction catalogue published at aukcje.gndm.pl. Descriptions of the lots contained in the catalogue may be supplemented or amended until the start of bidding.
3. The Auction House guarantees that the features of the lots described in the catalogue correspond to their actual state and that they are authentic, unless otherwise stated in the description of a given lot.
4. The lots on display are not subject to any legal or fiscal proceedings, are free from seizure and liens and other limited property rights, and are not subject to any third party claims.
5. Due to the impossibility of reflecting all the features of a given lot in the catalogue, the Auction House encourages the interested parties to examine their condition in person before the auction begins.
6. The Auction House may withdraw a lot without giving any reason.
7. The Auction House shall not be liable for any hidden physical defects of the lots offered for sale, nor for their legal defects.
§ 3. Conditions for participation in the auction
1. Any natural person who has full legal capacity may participate in the auction, as well as a legal person and an organisational unit without legal personality but with legal capacity may participate in the auction.
2. Only natural persons or legal persons or organizational units that have effectively signed up for the auction before the start of the auction (hereinafter: the Participant or Bidder) shall be allowed to join the auction procedure.
3. Participants may sign up for the auction either personally in the registered office of the Auction House, or with the use of the registration form available on the auction platform that operates at aukcje.gndm.pl The interested persons may also sign up by sending a relevant message to the electronic mail address: email@example.com, specifying their personal details: first name, surname, telephone number, e-mail address, no later than 60 minutes before the planned start of the auction.
4. The Bidder shall receive an auction credit, above which he may not bid. The credit applies to all expenses during the auction and not to individual lots or auction days.
5. The Bidder may request to increase the auction credit, whereby the Auction House may make such increase conditional on payment of a certain deposit, which in case of winning the auction by the Participant will be credited towards the purchase price of a lot. In other cases, the deposit shall be reimbursed to the Participant, subject to § 12 (4) sentence 2.
6. The provisions of the Act of 1 March 2018 on Prevention of Money Laundering Practices and Financing of Terrorism (consolidated text: Journal of Laws of 2021, item 1132) oblige the Auction House to identify risks and also to apply the financial security measures referred to in Article 34 (1) thereof. In fulfilment of its statutory obligation, the Auction House may require the Participant, prior to finalising the transaction, to provide additional personal data and information in addition to the data provided when signing up for the auction.
7. Any persons against whom there is an unresolved doubt as to their identity, their ability to enter into a valid contract for sale, a suspicion that they may have committed a criminal offence or that their behaviour may interfere with the proper conduct of the auction may not be allowed to participate in the auction. Furthermore, anyone who has previously failed to fulfil their obligations towards the Auction House or whose solvency is in reasonable doubt may not be allowed to participate in the auction as well.
8. The Auction House guarantees the confidentiality of the bids submitted and the personal data of the Bidders and owners of the lots offered for sale.
§ 4. Participation in person
1. Participants allowed to participate in the auction shall be given an individual number (hereinafter: the identifier), which they shall use during the auction to accept subsequent increments and shall present it from time to time upon request.
2. The Bidder shall be responsible for the consequences of using the identifier by any third party.
§ 5. Telephone bidding
1. Participants applying for participation in a telephone bidding shall specify the lots they wish to bid for and their telephone number, at which the Auction House will call during the auction. Telephone bidding may be recorded. Placing an order is equivalent to expressing consent to the recording of a telephone call. In the event of telephone connection difficulties, the Participant may specify in the order the limit up to which the Auction House will bid despite the lack of connection. If no limit is specified in the order, the interested person shall be deemed to offer at least the starting price.
2. Participants shall notify the Auction House of their intention to participate in a telephone bidding not later than 24 hours before the auction date.
3. The Auction House shall not be liable for the consequences resulting from the difficulties with access to telephone network on the part of the Participant, if it fails, after three attempts, to establish a telephone connection with the Participant.
§ 6. Bidding on behalf of the Participant
1. Participants may commission the Auction House to bid on their behalf on the selected lots up to the maximum amount specified in the order. The Auction House shall bid according to increments and up to the established price limit.
2. The bidding order must be delivered in person to the registered office of the Auction House or by electronic mail to the address firstname.lastname@example.org, no later than 24 hours before the start of the auction.
§ 7. Online bidding (over the Internet in real time)
1. The Auction House shall make it possible for the interested persons to bid in real time over the Internet via the auction platform together with the Participants gathered in the auction room.
2. In order to participate in the auction under the procedure described in par. 1 above, the Participant shall register on the auction platform via the auction website at aukcje.gndm.pl or onebid.pl and shall meet the technical requirements set out in the Terms and Conditions of the platform posted at https://onebid.pl/pl/terms.
3. Any actions taken by third parties who have access to the Participant's end device while he is actively logged into online bidding shall be regarded as actions of that Participant. He is solely responsible for the consequences of making his end device available to others or leaving it unattended.
4. The Auction House shall not be liable for any possible problems in the course of the auction caused by the Participant's lack of access to the Internet or other technical problems on the part of the Participant.
5. The Participant starts bidding in the auction by clicking on the button with the displayed amount, thus making a binding offer to buy the lot being bid for and accepting the price in the amount displayed on the button. Clicking on the button has the same weight as holding up the identifier in the auction room.
6. After the auction comes to an end, the online Bidder shall receive a summary of their purchases to the electronic mail address provided when signing up for the auction.
§ 8. Course of the auction
1. The auction shall be conducted in the Polish language and in accordance with the law in force on the territory of the Republic of Poland. Auction prices are quoted in Polish zloty.
2. The auction shall be conducted by a person appointed by the Auction House (hereinafter: the Auctioneer). Decisions made by the Auctioneer during the auction are final.
3. The Auctioneer shall determine increments (changes in the price of a lot during bidding) according to the thresholds published in the catalogue on the website of the given lot or at his/her own discretion. The Auctioneer has the right to decide on the order of the bids, whether they are made in the auction room, over the Internet or by telephone. He/she also settles all disputes and indicates the buyer of a lot.
4. The Auctioneer may, depending on the interest in a lot, start the auction with a starting price lower or higher than the price in the catalogue.
5. A bid of the Bidder shall be binding upon acceptance by the Auctioneer.
6. A bid made in the course of an auction shall no longer be binding if another Participant makes a higher bid that is then accepted by the Auctioneer, also implicitly.
7. If the Auctioneer finds it necessary, he/she shall have the right to withdraw a bid, refuse to accept a bid, withdraw a lot or take the bidding back to the indicated moment or re-offer a lot for bidding.
8. The Auctioneer shall have the right not to accept a bid which, together with previous winning bids in this auction, exceeds the amount of the auction credit of a given Participant.
9. Bidding on a certain lot shall end after the approval of the hammer price (hereafter: "knock-down"), of which the Auctioneer shall inform the Bidders.
10. A knock-down made by the Auctioneer shall be tantamount to the conclusion of a contract for sale between the Auction House and the winner of the auction.
§ 9. Payments
1. The hammer price shall be increased by the auction fee and additional fees resulting from the catalogue designations of a lot.
2. The auction fee is 18% of the knock-down amount and includes goods and services tax (VAT).
3. Additional fees include shipping and insurance costs, if any.
4. If a lot is located outside the EU at the time of bidding, VAT at 8% rate shall be added to the final price, of which the Auction House shall inform from time to time in the description of each item.
5. The hammer price, the auction fee and additional fees constitute the purchase price of a lot. The purchase price constitutes the gross price.
6. The right of ownership of a lot shall pass to the buyer upon payment of the whole purchase price.
7. The purchase price can be paid immediately after the auction at the auction location or within 14 days after the auction ends.
8. The auctioned lot shall be issued once the Auction House is paid the whole purchase price.
9. The Auction House may charge an additional fee for storage of the lot auctioned starting from the 30th day of the end of the auction, if it is not collected within this period or the winner of the auction fails to pay the due shipping cost.
10. All payments are accepted in Polish zloty.
11. The Auction House allows settling transactions in Euro (EUR) or US dollars (USD) after prior arrangement with the interested party. Online bidders have the option of choosing the currency in which they wish to bid from among those available on the auction platform.
12. Acceptable forms of payment are: bank transfer or cash.
13. The Auction House accepts cash payments only for orders below the equivalent of 10,000 EUR.
14. In the case of bank transfers, the day of payment shall be construed as the day of crediting the bank account of the Auction House. Payments can be made to the bank account: mBank S.A. ul. Prosta 18, 00-850 Warszawa
[PLN] 54 1140 2004 0000 3002 8135 9822
[EURO] PL96 1140 2004 0000 3812 1306 0746 | SWIFT: BREXPLPWMBK
[USD] PL75 1140 2004 0000 3112 1449 1635 | SWIFT: BREXPLPWMBK
§ 10. Collection or delivery of lots
1. The lots purchased shall be collected from the auction location or from the registered office of the Auction House, after prior agreement upon the details of collection with the buyer.
2. At the buyer's request, the Auction House may ship a lot to the address specified by the buyer.
3. In case of shipping of a lot, the buyer shall bear the delivery costs. The buyer may choose from the options proposed by the Auction House or specify the delivery method himself/herself.
§ 11. Complaints
1. All complaints shall be handled in accordance with Polish law. 2. Complaints shall be submitted within 14 days from the conclusion of a contract for sale. 3. Complaints shall be made in writing and shall include the buyer’s details and reasons for the complaint. 4. If a complaint is accepted, the buyer shall return the lot at his own expense in an unaltered condition. The Auction House shall reimburse the buyer with the purchase price and the auction fee.
§ 12. Right to withdraw
1. The buyer of a lot who is a consumer has the right to withdraw from a contract concluded at a distance or outside the registered office of the Auction House within 14 days of its conclusion without giving any reason, subject to par. 2 of this section.
2. Auctions organised by the Auction House are public auctions within the meaning of Article 2(6) of the Act of 30 May 2014 on Consumer Rights. Pursuant to Article 38(11) thereof, Buyers-consumers who have concluded a contract for sale by way of public auction in person or using the means of direct distant communication shall not have the right to withdraw from the contract.
3. The Auction House shall be entitled to withdraw from the contract for sale, if it cannot apply the security measures referred to in Article 34(1) of the Act of 1 March 2018 on Prevention of Money Laundering Practices and Financing of Terrorism (Journal of Laws of 2018, item 723).
4. The Auction House may withdraw from the contract for sale in case of lack of payment within the time limit referred to in § 8 par. 10 above. In such cases the deposit provided by the Participant in accordance with § 3 par. 5 shall not be reimbursed.
§ 13. Copyrights
The copyright in all photographs, illustrations and texts relating to a lot, produced by or for the Auction House, including the contents of the catalogues, are the property of the Auction House. They may not be used by the Buyer or other persons without prior written consent of the Auction House.
§ 14. Legal restrictions
1. The Auction House informs that pursuant to Article 51 of the Act of 23 July 2003 on the Protection and Guardianship of Monuments, a single permit to permanently export a historic object is required, among others, for collections of historical, palaeontological, ethnographic or numismatic interest, the value of which exceeds PLN 16,000.
2. The obligation to obtain the relevant export permits rests with the winner of the auction. The Auction House does not act as an intermediary in the procedure for obtaining the aforementioned permits.
3. Failure to obtain a permit to export a lot does not release the buyer from their obligation to pay for the lots purchased.
4. The Auction House hereby informs that pursuant to Article 20(2) of the Act of 21 November 1996, a registered museum has the right of first refusal on the historic object being sold at the auction, at the hammer price determined after the bid has been knocked down.
§ 15. Personal data
1. The Auction House, as the controller of personal data, undertakes to take all necessary technical and organisational measures appropriate to the degree of risk, in order to ensure the security of all personal data and contents provided by the Participants in connection with their participation in the auction.
2. Personal Data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) and the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000).
3. Detailed rules regarding the processing of personal data are contained in the GDPR Information Obligation posted on the website gndm.pl.
§ 16. Final provisions
1. The Auction Terms and Conditions do not exclude or limit any rights of the Participant-consumer held under the mandatory provisions of the law. In the event of a contradiction between the provisions of these Auction Terms and Conditions and the mandatory provisions of the law under which certain rights are granted to consumers, these provisions shall prevail.
2. In the event that any provision of the Auction Terms and Conditions is amended or invalidated by way of a decision of a competent authority or court, the other provisions shall remain in force and shall be binding on the Auction House and on the Participants.
3. The contract for sale concluded between the Auction House and the Buyer shall be governed by Polish law.