Auction rules

  • Auction rules:

    1. The person participating in the auction (bidder) understands and accepts the conditions set out in the regulations.

    2. The subject of the auction are objects entrusted by the committees or owned by the antiquities shop. These objects have bibliographic descriptions and asking prices specified in the auction catalog. In justified cases, they have a reserve price known only to an authorized employee of the antique shop.

    3. The prices given in the auction catalog are called prices. An organizational fee of 10% will be added to the auctioned price. This fee includes VAT. The organizational fee also applies to after-auction sales.

    4. In the case of facilities subject to the droit de suite fee, which are marked with * in the catalog, the auction price will also include a fee resulting from the author's and his heirs' right to receive remuneration under the Act of February 4, 1994 on copyright and related rights ( droit de suite). The 5% fee for transactions up to EUR 50,000.00 will be calculated according to the EUR exchange rate quoted by the National Bank of Poland on the date of the auction or on the last business day preceding the auction. The fee does not apply to transactions with less than the equivalent of EUR 100.

    I.

    1. The auction is conducted in accordance with applicable law by an authorized person who acts on behalf of the antiquarian shop.

    2. The auctioneer determines the so-called bidding increment not exceeding ten percent of the current price and may apply a multiple of the minimum increment, and has the right to freely separate or combine the items put up for sale and to withdraw them from the auction without giving any reason.

    3. In the event of a justified objection to the offer ending the auction, expressed by the auction participant immediately after its completion, the auctioneer has the right to conduct the auction again or to continue it.

    4. The bidder offering the highest price becomes the buyer.

    5. The end of the auction of the object takes place at the moment of hitting with a hammer by the leader of the auction and is tantamount to concluding a sale contract (pursuant to art. 70.2 § 2 of the Civil Code). From now on, the bidder is required to buy the object.

    II.

    1. The Auction Participant may be any natural person with full legal capacity, a legal person and an organizational unit without legal personality, but having legal capacity.

    2. Admission to the auction is free and does not require a deposit.

    3. Persons who downloaded the auction plate and provided their personal data for registration are authorized to participate in the auction. Immediately after the auction, the participant is obliged to return the auction plate. The bidder is responsible for the consequences of the use of the auction plate by third parties.

    4. Persons who have submitted a purchase order (the so-called auction mail) are also entitled to participate in the auction for 24 hours at the latest. before the bidding begins. The organizers are not responsible for the proper execution of written orders that came after this date. We accept the purchase order referred to above only in writing (letter, fax, e-mail) or using the order form on the website of the antique shop (www.raraavis.krakow.pl) next to the auction catalog. In written orders, please provide: personal data, item number, author's name, the first word of the title and the highest offered price (limit) without the organizational fee. In the case of the same limits, the order of submissions is decisive.

    5. Persons wishing to bid online via the OneBid auction platform are also authorized to participate in the bidding. These persons are obliged to register on the onebid.pl website and learn about the rules and technique of the auction. According to the auction system, orders placed via the onebid.pl portal. will be taken into account during the auction. If there are several orders for one item, the bidding will start from the penultimate limit increased by one increment.

    6. The amount of the limits and the names of persons or institutions participating in the bidding by correspondence are confidential information. On behalf of these persons and institutions, the auction will be attended by an authorized representative of the antiquarian shop.

    7. The organizers reserve the right to exclude from the auction persons who fail to meet their obligations.

    8. By providing personal data in the process of personal or written registration, the bidder consents to the processing of his personal data in order to participate in the auction in accordance with the Personal Data Protection Act of May 10, 2018 and the Act on the provision of electronic services of July 18, 2002. The administrator of personal data of the auction participants is the antiquarian bookstore "RARA AVIS" sc Zuzanna Migo-Rożek Iwona Błaszczyk based in Krakow (31-024) at ul. Szpitalna 11. The bidder has the right to access their personal data, correct them and object to their processing, on the terms set out in the Personal Data Protection Act.
    Antykwariat declares that providing personal data by bidders is voluntary, however, it is necessary for the proper conduct of the auction.

    9. All personal data of auction participants are treated as confidential and remain for the exclusive information of the antiquarian shop.

    III.

    1. Ownership of the purchased object is transferred to the buyer when the entire payment is made.

    2. The customer making the purchase receives a VAT-Margin invoice as a confirmation of the transaction.

    3. The buyer is obliged to buy the object and pick it up within 7 days from the date of the auction.

    4. We also send the purchased objects by post and courier (including shipping fees):
    - for institutions - by credit
    - for private persons - after prepayment to the account or cash on delivery.

    5. Please respect the 7-day payment period for the purchased objects. After this date, statutory interest will be charged.

    6. Failure to buy the object does not release the bidder from covering all costs resulting from the bidding of the object, including any claims of the principal / owner.

    IV.

    1. The buyer may withdraw from the purchase contract within 14 days from the auction date if the catalog description of the object clearly differs from the actual state. In disputes, the buyer's claims will be considered after the buyer has provided a credible expert opinion within this period.

    2. The organizer, subject to point IV / 1, shall not be liable for hidden physical and legal defects of the auctioned objects, which does not exclude claims against the seller.

    3. The Jagiellonian Library and the National Library, museums entered in the State Museum Register have the right of pre-emption at the auctioned prices plus the organizational fee, provided that they declare their willingness to purchase before the auction or immediately after the auction of the object.

    4. The antiquarian bookstore reminds you that in accordance with the provisions of the Act of 18 March 2010 on the protection and care of monuments, the collection of library materials is carried out in accordance with the provisions contained in the above-mentioned Act - Art. 51 (text available at www.antykwariusze.pl).

    5. The anti-money shop reminds that, in accordance with the applicable regulations, it is obliged to collect personal data of customers making transactions in the amount exceeding EUR 10,000, in accordance with the Act on counteracting money laundering and financing of terrorism (Journal of Laws of 30 March 2021, as amended, hereinafter referred to as : AML (Anti-Money Laundering) Act).

    6. The antiquarian bookstore reminds that, in accordance with the applicable regulations, it is obliged to collect personal data of auction participants who make transactions above PLN 10,000 (Journal of Laws of 4 December 2017, item 2249). Data (name, surname, PESEL number) are collected in the Register Book of Monuments Accepted or Offered for Sale and Expert Opinions issued, valid from December 2017 (Journal of Laws as above).

    V.

    1. The use of bibliographic descriptions and illustrative material contained in the catalog is possible only with the prior written consent of the antiquarian shop.
    2. The Auction Participant agrees to receive commercial and marketing correspondence also in electronic form.

    The rules for conducting online auctions are set out in the regulations on the OneBid auction platform.