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AUCTION TERMS AND CONDITIONS
§ 1. GENERAL PROVISIONS
These Terms and Conditions set out the detailed rules for organizing auctions conducted by ANTYKWARIAT "WÓJTOWICZ" S.C. PIOTR WÓJTOWICZ, MARIA WÓJTOWICZ, with its registered office in Kraków, address: ul. Szpitalna 19, 31-024 Kraków, NIP: 6761056224, REGON: 350979814 (hereinafter referred to as the "Antiquarian Bookstore"), e-mail: [email protected], tel.: +48 124227326; +48 124296326 (hereinafter: the "Antiquarian").
Auctions are held at the times and locations specified on the Antiquarian's website via the OneBid online platform.
The Antiquarian acts as the seller—in relation to items owned by the Antiquarian—or as an intermediary between consignors who submit items for auction and buyers.
According to the sellers’ declarations, the items offered for sale are their property or they have the right to dispose of them; the items are free from legal defects, including pledges, security interests, transfer of ownership by way of security, enforcement proceedings, and any third-party claims, and they do not originate from criminal activity.
The Antiquarian reserves the right to cancel or reschedule an auction, with relevant information to be posted on its website.
The Antiquarian may, at any time, withdraw any item from the auction without providing a reason.
§ 2. SUBJECT OF THE AUCTION SALE
The subject of the auction consists of movable items of a collectible nature, in particular books, old prints, manuscripts, maps, photographs, magazines, or other collectible objects (hereinafter: the "items") offered for sale by their owners.
Descriptions of the items along with the starting prices are provided in the auction catalog published on the Antiquarian’s auction website: www.antykwariat.wojtowicz.krakow.pl. These descriptions may be amended or supplemented by the Antiquarian until the beginning of the auction.
The information about items presented in the auction catalog does not constitute an offer by the Antiquarian within the meaning of the Civil Code but is an invitation to conclude a sales contract under Article 71 of the Civil Code.
The Antiquarian ensures that item descriptions are prepared in good faith based on professional experience and expertise. However, due to the inability to fully convey all characteristics of an item through descriptions and photos in the catalog, the Antiquarian encourages prospective bidders to inspect the items in person—after arranging an appointment with the Antiquarian—prior to the auction, particularly to assess their condition.
§ 3. CONDITIONS FOR PARTICIPATION IN THE AUCTION
Any natural person with full legal capacity, legal entity, or organizational unit without legal personality but with legal capacity may participate in the auction.
Only individuals who have successfully registered for the auction (hereinafter: "Participant") prior to its commencement will be admitted to participate.
Participation in the auction is conditional upon the Participant's full and unconditional acceptance of these Terms and Conditions.
Registration may be completed via the registration form available on the auction platform's website. Alternatively, the interested party may register by sending an email to the Antiquarian including their personal details: full name, telephone number, and email address.
The Antiquarian reserves the right to require a deposit from a Participant as a condition for being admitted to the auction. If the Participant wins the auction, the deposit will be credited toward the purchase price. In all other cases, the deposit will be refunded to the Participant, subject to § 12.4 below.
The amount of the deposit, as well as the deadline and method of payment, will be communicated to the Participant via the email address provided during registration.
The Antiquarian may refuse to admit individuals to the auction if there are unresolved doubts about their identity, their ability to legally enter into a sales agreement, suspicion of intent to commit a prohibited act, or if their behavior may disrupt the proper conduct of the auction. Admission may also be denied to individuals who have previously failed to fulfill obligations toward the Antiquarian or whose solvency is reasonably in doubt.
The Antiquarian guarantees the confidentiality of Participants' and item owners’ personal data.
§ 4. IN-PERSON BIDDING
Only adults who have successfully registered for the auction are allowed to enter the auction room. Minors may be present only under the supervision of a registered Participant.
Each Participant admitted to the auction receives a personal bidding number (hereinafter: "bidder number") used during the auction to indicate bidding steps and must present it upon request.
By raising their bidder number, the Participant accepts the price announced by the auctioneer for the item, which is considered a binding purchase offer for that amount.
The Participant is responsible for any consequences of third-party use of their bidder number.
§ 5. TELEPHONE BIDDING
A Participant wishing to bid by phone must indicate which items they intend to bid on and provide a phone number where they can be reached during the auction. If phone contact fails, the Participant may specify a maximum bid limit in advance, up to which the Antiquarian will bid on their behalf. If no such limit is given, the Antiquarian will assume that the Participant is not bidding on the item.
Requests to participate via telephone must be submitted no later than two hours before the auction.
The Antiquarian is not responsible for telephone network issues on the Participant’s side. After three failed call attempts, the Antiquarian will cease further attempts to contact the Participant by phone.
§ 6. BIDDING BY PROXY
A Participant may authorize the Antiquarian to bid on their behalf for selected items, up to a maximum price specified in the bidding order. The Antiquarian will bid incrementally up to the stated limit.
Proxy bidding orders must be submitted in person at the Antiquarian’s premises or by email no later than two hours before the start of the auction.
§ 7. ONLINE BIDDING (LIVE INTERNET AUCTION)
The Antiquarian provides an option for real-time online bidding through the auction platform www.onebid.pl, alongside Participants present in the auction room.
To participate, the Participant must register on the auction platform via www.onebid.pl and meet the technical requirements outlined in the platform’s Terms and Conditions available at www.onebid.pl/terms.
Any actions performed on the Participant’s device (computer/tablet/phone) while logged into the auction platform will be considered actions of that Participant. The Participant bears full responsibility for granting device access to others or leaving the device unattended.
The Antiquarian is not responsible for any auction issues arising from the Participant’s lack of internet access or other technical difficulties on their end.
By clicking the button with the displayed amount, the Participant places a binding bid and accepts the shown price. Clicking the button is equivalent to raising the bidder number during in-person bidding.
After the auction ends, the online Participant will receive a summary of their purchases via the email address provided at registration.
§ 8. AUCTION PROCEDURE
The auction is conducted in Polish and in accordance with the laws of the Republic of Poland. Prices are given in Polish zloty. The Antiquarian assumes that each Participant has reviewed the condition of the item before bidding.
The auction is led by a person designated by the Antiquarian (hereinafter: the "Auctioneer"). Decisions made by the Auctioneer during the auction are final.
The Auctioneer begins bidding at the starting price and conducts bidding upward.
The Auctioneer sets the bidding increments either according to thresholds published on the item’s webpage or at their own discretion. The Auctioneer is also authorized to determine bid order (whether from the auction room, internet, or telephone), resolve disputes, and designate the winning bidder.
A Participant’s bid becomes binding once it is accepted by the Auctioneer.
A bid ceases to be binding if a higher bid is submitted by another Participant and accepted by the Auctioneer, including tacit acceptance.
The Auctioneer may, if necessary, withdraw a bid, refuse to accept a bid, withdraw an item, rewind the auction to a specific moment, or re-offer the item.
Bidding for an item concludes when the Auctioneer confirms the final price by striking the gavel (the "hammer") and informing Participants.
The hammer fall signifies the conclusion of a sales agreement between the Antiquarian and the winning bidder, subject to § 8.5 below.
Some items may have a reserve price—i.e., the minimum price at which the item may be sold. The reserve price is a confidential figure agreed upon between the Antiquarian and the seller. If it is not met during bidding, no sales agreement is concluded, and the Auctioneer will announce this after the hammer falls.
§ 9. PAYMENTS
An auction fee and any additional charges are added to the hammer price.
The auction fee amounts to 10% of the hammer price and includes Value Added Tax (VAT).
Additional charges may include transport and shipment insurance costs.
The hammer price, auction fee, and any additional charges together constitute the purchase price. The purchase price is gross.
Ownership of the auctioned item passes to the buyer upon full payment of the purchase price. Until full payment is made, the item remains in the deposit and at the disposal of the Antiquarian Bookshop.
Payment of the purchase price may be made immediately after the auction at the auction venue or within 6 days of the auction’s conclusion. If payment is not received within this timeframe, the Antiquarian Bookshop will send a payment reminder setting a final deadline, after which it may withdraw from the contract.
All payments are accepted in Polish zlotys (PLN).
Transactions may be settled in euros (EUR) or US dollars (USD) upon prior arrangement with the interested party.
Accepted forms of payment are bank transfer or cash, subject to the provisions of section 10 below.
The Antiquarian Bookshop only accepts cash payments for orders below the equivalent of 10,000 euros.
For bank transfers, the payment date is considered to be the date the funds are credited to the Antiquarian Bookshop’s account. Payments may be made to the following bank accounts:
PLN payments:
58
1140 2017 0000 4402 0339 1307
EUR payments:
11
1140 2004 0000 3412 2389 1358
USD payments:
03
1140 2004 0000 3112 2349 0554
§ 10. COLLECTION OR DELIVERY OF AUCTION ITEMS
The auctioned item will be handed over only after full payment of the purchase price to the Antiquarian Bookshop.
Collection of the purchased item takes place at the auction venue or at the premises of the Antiquarian Bookshop, upon prior arrangement with the buyer.
Upon the buyer's request, the Antiquarian Bookshop can ship the item to the address provided by the buyer.
In the case of shipment, delivery costs are borne by the buyer.
Receipt of the shipment by the buyer or a person authorized to receive it on their behalf is considered effective delivery of the auctioned item.
The Antiquarian Bookshop is not liable for incorrect delivery addresses provided by the buyer or for loss or damage to the item if the carrier leaves it with an unauthorized person or at another address (e.g., with building security, a manager, a neighbor, or in a mailbox) at the buyer’s instruction and with their consent.
For deliveries to countries outside the European Union, the buyer is solely responsible for covering any customs duties and taxes that may apply to the transaction.
§ 11. COMPLAINTS
All complaints will be handled in accordance with Polish law. Complaints must be submitted via email to the Antiquarian Bookshop, including a description of the issue, reasons for the complaint, and identification details of the buyer lodging the complaint.
Complaints do not cover defects, errors, or issues resulting from the buyer’s mistakes or malfunctioning of their internet browser or telecommunications network.
If the information provided in the complaint is incomplete, the Antiquarian Bookshop may request additional information before processing it.
Complaints will be processed within 14 days of receipt. If additional information is required, the timeframe begins upon receipt of the completed complaint.
The response to the complaint, including its resolution, will be sent only to the email address provided by the buyer. In exceptional cases, and upon the buyer’s explicit request, the Antiquarian Bookshop may send the response to a different email address or via post to the correspondence address provided by the buyer.
If the complaint is rejected, the buyer who is a consumer has the option to pursue alternative dispute resolution. More information is available at: http://www.uokik.gov.pl.
The dispute may also be resolved by an arbitration court, provided the complaint process has concluded and both parties agree to arbitration. In other cases, disputes will be resolved by the competent courts under the general provisions of the Polish Code of Civil Procedure.
If the complaint is accepted, the buyer must return the item at their own expense in an unchanged condition. The Antiquarian Bookshop will refund the full purchase price.
§ 12. RIGHT OF WITHDRAWAL
A buyer who is a consumer has the right to withdraw from a distance or off-premises contract within 14 days of its conclusion, without giving any reason, subject to paragraph 2 of this section.
Auctions organized by the Antiquarian Bookshop are considered public auctions within the meaning of Article 2(6) of the Polish Consumer Rights Act of 30 May 2014 — meaning participants make offers either in person or in real time and the winning bidder is obliged to enter into a contract. Under Article 38(11) of the same Act, consumers who conclude a sales contract via public auction have no right of withdrawal.
The Antiquarian Bookshop reserves the right to withdraw from the sales contract if it cannot apply the due diligence measures required under Article 34(1) of the Act on Counteracting Money Laundering and Financing of Terrorism of 1 March 2018 (Journal of Laws 2018, item 723).
The Antiquarian Bookshop may also withdraw from the sales contract in the event of non-payment within the deadline specified in § 9(6). In such a case, the deposit paid by the Participant under § 3(5) will not be refunded.
§ 13. INTELLECTUAL PROPERTY RIGHTS
The content of the Antiquarian Bookshop’s online auction website and auction catalogue — including but not limited to: photos, texts, graphics, logos, compilation, layout — is protected by copyright or industrial property rights. Copyright belongs to the Antiquarian Bookshop and/or their creators.
The Participant/Buyer is not permitted to copy, distribute, reproduce, aggregate, or modify any data or other information posted on the auction website or catalogue, in particular using automated systems or presenting such content without the written consent of the Antiquarian Bookshop.
§ 14. LEGAL RESTRICTIONS
The Antiquarian
Bookshop informs that items listed in Article 51 of the Act of 23
July 2003 on the Protection and Care of Historical Monuments require
a one-time permit for permanent export of a monument abroad. This
requirement applies, among others, to:
a) individual or collected
manuscripts that are over 50 years old and worth more than PLN
4,000;
b) individual or collected books that are over 100 years
old and worth more than PLN 6,000;
c) individual printed maps and
sheet music that are over 150 years old and worth more than PLN
6,000.
The obligation to obtain the appropriate export permits lies with the auction winner. The Antiquarian Bookshop does not act as an intermediary in the permit acquisition process mentioned above.
Failure to obtain permission to export an item abroad does not release the buyer from the obligation to pay the purchase price for the auctioned items.
The Antiquarian Bookshop informs that, pursuant to Article 20(2) of the Act of 21 November 1996, the right of first refusal for a monument sold at auction belongs to a registered museum (including the Jagiellonian Library and the National Library), at the final auction price.
Under the provisions of the Act of 1 March 2018 on Counteracting Money Laundering and Terrorism Financing (Journal of Laws 2021, item 1132), the Antiquarian Bookshop is required to assess risk and apply financial security measures as specified in Article 34(1) of that Act. In fulfilling this legal obligation, the Antiquarian Bookshop is required, in certain cases, to identify and verify the identity and authorization of the person acting on behalf of the Participant and to document the application of financial security measures. Therefore, before finalizing the transaction, the Antiquarian Bookshop may require the buyer or an authorized representative to provide additional data and information beyond that provided during auction registration, particularly as stated in identity documents, and may make copies of these documents. Refusal to provide such data may result in the cancellation of the transaction.
Under Article 59a(1) of the Act of 23 July 2003 on the Protection and Care of Historical Monuments, the Antiquarian Bookshop is obliged to keep a registry of items received or offered for sale that possess the characteristics defined in Article 3(1) of that Act, i.e., items of historical, artistic, or scientific value to a degree justifying public interest in their preservation, regardless of their age, if their value exceeds PLN 10,000. In fulfilling this legal obligation, the Antiquarian Bookshop may require the buyer to provide additional personal data and information beyond that provided during auction registration.
§ 15. PERSONAL DATA
The Antiquarian Bookshop, as the controller of personal data, undertakes to take all necessary technical and organizational measures appropriate to the level of risk in order to ensure the security of all personal data and content provided by the Participant in connection with their participation in the Auction.
Personal data is processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and the Polish Data Protection Act of 10 May 2018 (Journal of Laws 2018, item 1000).
The legal basis for processing personal data by the Antiquarian Bookshop is Article 6(1)(a), (b), and (c) of the GDPR – i.e., data is processed based on consent, necessity for the performance of a contract, or the fulfillment of a legal obligation of the controller resulting from a concluded contract.
We process personal data necessary for auction registration or for proper performance of the sales agreement. This includes: name, surname, address, email address, phone number, and data required by specific legal provisions.
Providing personal data is not mandatory but is necessary to register for the auction or to perform the sales agreement.
The data subject has the right to access, rectify, delete, restrict processing of, transfer, object to the processing of, and withdraw consent to the processing of personal data, without affecting the lawfulness of processing based on consent before its withdrawal.
Additionally, if the data subject believes that the processing of their data violates GDPR, they have the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office.
Personal data will be stored for the time necessary to achieve the purpose for which it was collected. It will be deleted after withdrawal of consent or upon expiration of limitation periods for claims arising from the agreement.
Personal data may be shared with third parties under a data processing agreement or with other entities to fulfill obligations arising from the sales agreement. These may include accounting, hosting, IT, courier service providers. Data may also be transferred to authorities legally authorized to receive it, such as courts, tax offices, or the Social Insurance Institution (ZUS).
Data will not be subject to profiling, meaning it will not be used to automatically assign attributes, characteristics, or predict behavior/preferences of data subjects.
§ 16. FINAL PROVISIONS
These Auction Rules do not exclude or limit any rights of a Participant who is a consumer, which arise from mandatory legal provisions. In the event of a conflict between the provisions of the Auction Rules and mandatory legal provisions granting rights to consumers, those legal provisions shall prevail.
If any provision of the Auction Rules is amended or invalidated by decision of a competent authority or court, the remaining provisions shall remain in force and binding on the Antiquarian Bookshop and the Participants.
The law applicable to the sales agreement between the Antiquarian Bookshop and the buyer is Polish law.
Any disputes may be resolved by courts with jurisdiction in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.