Auction Terms and Conditions
Auction Organizer
IRIS AUCTIONS
Jiří Macek
Sázavská 751/16
120 00, Prague
ID No.: 76338916
VAT No.: CZ8705230204
Introductory provisions
- For the purposes of these auction rules, the auctioneer is understood to be IRIS AUCTION – Jiří Macek, Sázavská 16, 120 00, Prague, Company ID: 76338916, Tax ID: CZ8705230204, www.irisauctions.com, Telephone number: 00420 723 845 512 (hereinafter referred to as the "auction house"), which organizes auctions of works of art, antiques, jewelry, and precious stones. Auctions held in accordance with these auction rules are organized in accordance with legal standards and international customs in the field of art trade.
- Auctions are private and accessible only to clients of the auction house and other persons with the consent of the auction house. The auction is announced on the website www.onebid.cz.
- These auction rules are binding for all auction participants, and persons participating in the auction are obliged to comply with them.
Auction items
- Items included in the auction are marked with numbers indicating their order in the auction, described, and published on www.onebid.cz with the starting price and estimated price. The starting prices of auction items are listed without the auction surcharge.
- All information on auction items is provided to the best of the auction house's knowledge and belief, after consultation with experts in the field and taking into account the information provided by the sellers.
- Due to the time lag between the publication of the auction catalog and the auction itself, the auction house reserves the right to correct the information provided about the auction items published in the catalog.
- The auction house is not responsible for any color deviations in the photographs of the auction items.
- The auction house expressly declares that it is not liable for any damage, loss of profit, or any other claims that may arise in connection with the export or import of auction items by the auctioneer, seller, or anyone else.
- The auction house advises bidders that not all auction items listed in the auction catalog may be included in the auction. The auction house reserves the right to withdraw an item from the auction at any time or to sell it directly to an interested party.
- The auction house advises bidders that in the case of items that are not in the physical possession of the auction house at the time of the auction, there is a risk that they will not be delivered by third parties (suppliers). The auction house therefore expressly reserves the right to withdraw such items from the auction after they have been sold without any penalties or claims by the bidder for damages or other performance. In such a case, any amount already paid will be refunded to the bidder without undue delay.
Auction participant
- Only persons over the age of 18 who are legally competent and who comply with these auction rules and the rules of decent and appropriate behavior at the auction may participate in the auction. Only persons who have been registered in advance as auction participants with the consent of the auction house may participate in the auction. Each auction participant is required to register properly before the start of the auction. To register a bidder, the auction house is entitled to request the presentation of a valid identity card and, in the case of legal entities, a current extract from the commercial register or other register in which it is registered. This extract must clearly indicate who is authorized to act on behalf of the legal entity.
- Auctions conducted by the auction house are not public, the circle of participants is limited, and there is no legal entitlement to auction registration. The auction house may refuse to register an auction participant without giving reasons. A person who has attempted to disrupt an auction or has even caused the auction house to cancel a previous auction may not participate in the auction. The proposer (i.e., the owner of the auction item) or a person who would bid on behalf of the proposer may not participate in the auction either. If the auction house is the proposer, this restriction does not apply.
Auction methods
- ON-LINE AUCTION - real-time auction mediated via the server www.onebid.cz. More information about the method and conditions of the auction can be found on the above-mentioned website.
Auction rules and procedure
- The auction is conducted in euros. Auction participants may make binding bids (so-called bids) on the auction item. By submitting a bid, the auction participant is irrevocably bound and hereby confirms that they have duly familiarized themselves with the auction item and its description and will purchase the item for the given amount. The auction of the item takes place if the auction participants make bids.
- Only the auction administrator may adjust the bid and the order of bids according to the current situation.
- If no bid is made, the auction item will be marked as unsold. If auction participants make bids, the auction item will be sold to the highest bidder.
Auction price, purchase price, and payment terms
- The auction price is the highest bid made by a participant in the auction.
- This price cannot be reduced subsequently. The auctioneer who won the auction by submitting the highest bid is aware that the auction house charges an auction commission of 23% of the auction price. This auction commission is final and includes VAT and GESTOR copyright tax. The auctioneer shall pay this auction commission together with the auction price.
- Payment of the purchase price, which means payment of the auction price including the auction commission, can only be made in the following manner: by bank transfer to the Auction House's account held at Česká spořitelna, a. s., Account number: 2306556203/0800, IBAN CODE: CZ56 0800 0000 0023 0655 6203, SWIFT CODE: GIBACZPX. By mutual agreement, it is also possible to pay in USD and CZK.
- The auctioneer is obliged to pay the full amount for the auctioned item, including the auction commission, within 3 calendar days of the end of the auction. All obligations to the auction house must be settled within three days of the date of issue of the sales document, unless otherwise agreed. If the bidder is in default with the payment of the total amount due, the auction house is entitled to a contractual penalty of 0.05% of the total amount due per day.
- If the bidder fails to pay the full amount, including the auction commission, within three calendar days of the end of the auction, they will be permanently excluded from the auction house's bidders' club and the auction house has the right to claim damages, reasonable expenses, and lost profits from them. A bidder who has been excluded in this way is not entitled to be re-registered, even under a different ID, nor may they ask another person to register and bid on their behalf, as such a person would be excluded from the bidders' club in the same way as the bidder who failed to perform or performed defectively (on whose behalf this person is acting). Such conduct could be considered fraudulent with all the legal consequences associated with it. Items from the auction that have not been properly paid for and collected within the given 3-day period may be put back into the auction by the auction house or sold to other bidders or interested buyers, i.e., the original auction may be considered completely void.
- In the event of such a breach of the auction conditions, the bidder is obliged to compensate the auction house for the damage incurred, the costs reasonably incurred, and the loss of profit (in particular the difference in price between the price at which the item was first auctioned and the price at which it was re-auctioned or sold to other bidders or interested parties), including any court costs, legal representation costs, etc. Each bidder understands these conditions in advance, expressly agrees to them, and undertakes to fully accept and comply with them after careful consideration. Participation in the auction is a free decision of each bidder, however, if they decide to participate in the auction, this action is considered a true and serious expression of will, i.e., a legally binding action with legal consequences arising from this action. Instead of enforcing the amount owed for an unpaid and unclaimed item, the auction house is entitled to unilaterally withdraw from the concluded purchase contract, of which it shall immediately notify the bidder by written withdrawal from the contract.
Acquisition of ownership and handover of the auction item
- If the bidder has paid the agreed purchase price in full within the specified period, the ownership right to the auction item passes to the bidder at the moment of payment of the specified purchase price in full. At this moment, the risk of damage, destruction, loss, accidental destruction, or accidental deterioration of the purchased item also passes to the bidder.
- Auctioned items will be released to the winning bidder only after the purchase price for the auctioned items has been paid in full to the auction house. Upon request, the winning bidder will receive a tax document from the auction house and written confirmation of the acquisition of ownership of the item in question (the auction item).
- Auctioned items will be sent to the buyer at the address specified by the buyer by a transport company such as POŠTOVNÍ SERVIS, SPEDIA, FedEx, UPS, DHL, etc. All costs associated with the transport of the auction item shall be borne by the buyer. The price for transporting the item is determined according to the current price list of the selected external carrier. The risk of damage to the auction item passes to the winning bidder at the moment the auction item is handed over to the selected external carrier, which ensures the transport of the auction item to the location specified by the winning bidder.
Post-auction sale of unsold items
- Unsold items may be purchased in a so-called post-auction sale at a price corresponding to the lower limit of the estimated price stated in the description of the auction item published on www.onebid.cz with a 23% auction surcharge. The post-auction sale will take place for a period of 7 days after the end of the auction.
Liability for damage
- All information about auction items is provided to the best of the auction house's knowledge and belief after consultation with experts in the field. The information in the auction catalog is provided with the aim of informing prospective buyers as objectively as possible. This information is the result of careful research, but its accuracy cannot be guaranteed due to the nature, properties, and character of these items (auction items). Each auction participant is obliged to familiarize themselves with the condition of each auction item prior to the auction, and it is therefore solely up to them whether they wish to participate in the auction. The interested party (i.e., the auction participant) is entitled to professionally assess the offered item based on their experience and knowledge, or they are entitled to invite their independent advisor/expert to the inspection. If they decide to participate in the auction, this expression of will is considered confirmation of the fact that they have properly familiarized themselves with the auction items before the start of the auction of individual items and are thus aware of their condition, age, properties, and character. The auction participant thus declares that they cannot be misled.
- Only the buyer (auction winner) is entitled to complain about and return auction items. The auction winner may withdraw from the purchase of the auction item if they return the auctioned item to the auction house within 30 days of the end of the auction. The auction item must be returned to the auction house in the condition it was in at the time of the auction. In the event of any damage to the auction item, no complaint is possible. Only after the complaint and return of the auctioned item will the auction house pay the auctioneer the full purchase price paid to the auction house for the auction item. Complaints after the expiry of the 30-day period from the date of the auction are excluded due to the nature of the auction items, and the auction house is not obliged to deal with them.
- The bidder expressly agrees that the auction house is liable to the bidder for damages up to a maximum of the purchase price paid for the auction item. The auction house is not obliged to pay damages, lost profits, or any other claims that may arise in connection with the purchase of the auction item.
- If the original owner (proposer) of the auction item conceals from the auction house a defect in this auction item (or another item provided to the auction house for the purpose of mediating the sale) or is unaware of a defect in the auction item (or other item provided to the auction house for the purpose of mediating the sale) that is discovered after the auction, the proposer shall bear full responsibility.
Final provision
- Any disputes arising from the auction shall be resolved by the competent court according to the registered office of the auction house.
In Prague on 05.08.2025
Jiří Macek
Auction house: IRIS AUCTIONS
Business premises: Sázavská 751/16, 120 00, Prague
Website: www.irisauctions.com
Phone: +420 723845512
Email: [email protected]
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