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Auction rules

Auction Rules

 

  1. Concepts
  • current price - the highest amount of money that the auction participant is willing to offer for the auctioned item, including previous bids, free of charge to the operator
  • auction - auction (also known auctioning) is a form of trading of goods or services in which the price is not set in advance, but is determined during the auction
  • password - entered code for login of the participant, registered user
  • Auction ID - a unique number assigned to the current auction
  • Item ID - a unique number assigned to the current auction item
  • internet auction a type of advertising, a service which, on the basis of an assignment, enabling the monetization of the subject of the auction, is carried out via a web interface (online auction)
  • Online store - is a web application used as one of the seller's communication channels for offering his products and services
  • cracking - arises primarily as a manifestation of aging due to humidity, because the paint and the substrate react differently to moisture
  • limit - the entered amount is higher than the amount of the current price and the minimum bid, from which the system then automatically bids the lowest possible amount for the participant
  • minimum bid - the amount by which the new price bid must be at least higher than the current highest bid
  • offer - made in the form of a bid
  • lowest bid - see starting price
  • operator - operates an online auction and sales system and shop, which allows the owner to monetize the subject of the auction or its direct sale, determine the conditions for the transfer of ownership of the item
  • selling price - the final price of the subject of the auction without a fee to the operator
  • subject of the auction - movable objects, or their sets, the sale of which is realized through an online auction
  • subject of sale - movable objects, or their sets, the sale of which is realized through internet offers
  • login name - name entered during registration
  • bid - price acceptance / price increase for the current / highest bid
  • Bid amount - the newly stated value for determining the amount that the participant is willing to offer for the subject of the auction after the choice for bid
  • original amount - the amount stated when making the bid
  • registered user - a duly approved user who is assigned his number
  • standard bid - currently another bid in the order of the table of minimum bids
  • table of bids - the amount of the minimum bid at a certain instantaneous internet current price
  • user - one who uses the functions of systems / websites
  • user account - information related to user registration
  • auction participant - an approved bidder for participation in the auction who, by completing a valid registration with the auction operator, entered into an agreement on participation in the online auction and was allowed access to the online auction
  • account - see user account
  • vis maior - force majeure, unavoidable event
  • own bid - any entered amount greater than the current price and others in the order according to the table of minimum bids
  • owner - person dispositionally authorized against the subject of the internet auction
  • winning bid - the last price offer for the subject of the auction
  • auctioneer - the person who submitted the highest price offer
  • starting price - default lowest price of the item without a fee to the operator
  • interested party - the one who filled in the registration form valid for www.einszwei.cz and to the internet auction system

 

b)Business Conditions

 

1.0.Online Store Operator

 

Internet Auction Operator

Contact:

Lecoque company s.r.o.

Based in:

Praha 1, Rytířská 6/410, 110 00

Telephone: +420 774 511 533

Identification number: 05318335

www.einszwei.cz

E-mail: galerie@einszwei.cz

Trade

Einszwei Gallery

address:

Praha 2, Vinohradská 26, 120 00

Telephone: +420 774 511 533

www.einszwei.cz

E-mail: galerie@einszwei.cz

referred to as the operator

- sale of goods through an online store and an online auction located a

www.einszwei.cz

 

1.1. Agreement

 

At each auction, by entering a bid, submitting a limit, purchasing an item and others related to it, the registered user agrees, unconditionally and without exception, with the current business conditions.

 

1.2. Terms of use

 

The rules for using the internet auction website www.einszwei.cz are binding for their users.

The conditions of participation of users in individual internet auctions carried out through the auction website www.einszwei.cz, who make bids on the subject of the auction with the aim of purchasing this subject of the auction, are binding.

Users have no legal right to use the system or enter into a contract.

The operator allows the auction participant to obtain the offered item in case of victory. On the basis of a contract concluded with the operator, the owner authorizes the operator to carry out activities for the owner aimed at monetizing the object in the form of direct sales or in the form of an online auction. The operator also ensures the management of systems, maintenance and supports the offer of items through marketing and sending commercial messages, with the right to publish the item for the public, including photographs and description of the offered item based on the owner's consent to such use, sale or auction.

 

 

1.3. Obligations of the operator

 

The operator undertakes to sell the item or conduct an online auction responsibly and honestly. The hardware and software enable the creation of an online auction and its user access in accordance with the specifications and documents submitted by the owners. The operator undertakes to ensure that the auction is applied in such a way that it takes place proper and to obtain the highest possible bid in the online auction. Performs all settings, registers and registers participants, enters and edits auctions, oversees their progress, does not affect bids in any way, intentionally does not delete data or bids and does not favor another user. The operator presents the results of the auctions.

 

 

1.4. Authorization of the operator

 

The Operator is entitled to cancel the registration of the participant who in any way violated or did not comply with the conditions of this online auction or thwarted any previous auction. Such an excluded participant may not attempt a new registration, not even through another person who would register for him and subsequently bid. Such conduct will be considered intentionally fraudulent with all the legal consequences associated with it. The operator will recover from such a participant all incurred damages and lost profits. Each participant can have only one account. If the operator finds out that the subscriber has set up more than one account, he is entitled to cancel these accounts for the subscriber without compensation. The operator is not responsible for causing damage to the participant by this action. In case of server failure, electricity or natural disaster, etc. (ie force majeure), but also in case of illegal actions of the owner of the item, the operator reserves the right to cancel the auction of the item, change its date or conditions of the auction. The Operator has the right to extend the auction and change the conditions of the auction if any technical problems occur on the part of the operator of the Internet auction, which prevents most participants from making bids or if the main functions of the auction are inoperative. The Operator expressly warns that it is not responsible for problems with connectivity, connection speed, data transfer speed, or its possible reduction, for permanent and uninterrupted access of the participant to the online auction. The operator is not liable to the participants for damage that arises in connection with the operation of the online www.einszwei.cz. Furthermore, it is not responsible for outages or restrictions on the availability of the Internet network both on the part of the subscriber and on the part of the operator. In no case shall the Operator reimburse any costs incurred by the Auction Participant with a possible participation in the Internet auction. Furthermore, the operator is not liable for connection problems on the part of the auctioneer. The user expressly acknowledges this and agrees.

 

1.5. Settings and applications

 

Auction items are auctioned in the order (day, time) that is listed on the website and is governed by time synchronization on the server. If the participant does not synchronize the time with the auction on his computer with the time listed on the server, a discrepancy may occur. The auctioneer is therefore advised to check and, if necessary, correct the settings. The technical requirements for the internet auction software application are that the auction participant's computer must be connected to the internet and for seamless participation in the internet auction it is necessary to install and use one of the supported internet browsers in the current version such as Chrome, Internet Explorer, Safari, etc. Internet browsers are also supported, but there may be minor graphical differences. Support for full-text search on the website www.einszwei.cz enables searching in the range of web pages.

 

1.6. Detailed description of the work or subject information about the author

 

Click on the thumbnail of the photo or activate the Detail item within the auction or sale. A unique number assigned to the current auction item, ie the auction ID. The Authors list link allows you to list all current authors of the auction or authors from the history of auctions and sales. After clicking on the author's name, you can select the works of that author.

 

2.0. Sale

 

Works and objects, in the permanent offer of the website www.einszwei.cz in the section Sale of paintings, are exhibited or will be ready for personal inspection on request in the premises of Einszwei Gallery at Praha 2, Vinohradská 26.

 

2.1. Reservation

 

If you are interested, you can make an online reservation for the selected work by clicking on the Reservation link and filling out the contact form.

 

3.0. Auction

 

In the online auction, it is possible to purchase the offered items and works of the auction, which are exhibited no later than the day of the auction or will be ready for personal inspection on request at the Einszwei Gallery at Prague 2, Vinohradská 26, before the user's participation in the online auction. The items are described in detail directly on the auction pages and marked by the author (or marked as an unknown author), name, including construction technique, net size without frame, starting price, current price, minimum bid amount, auction identification ID, number of active users in within the given auction, the planned time interval until the end of the auction, including the indication of the lowest bid (starting price) and subsequently also the current price.

 

3.1. Rights and obligations of auction participants

 

The participant of the online auction must be duly registered. The Operator warns the interested party that in case of non-compliance with the conditions for participation in the online auction, his registration will not be completed by confirmation from the administrator and he will not be allowed access to the online auction. At the same time, the operator warns the users of the auction system that any misuse of this system may lead to the immediate blocking of the user account. The user is obliged not to damage the good name of the operator or to act unfairly. In the event that the operator has a reasonable suspicion that the user is causing damage to third parties or the operator through his actions, he may suspend his account. The participant in the online auction agrees to the price of the offered work the minimum amount determined by the table of bids and is sold to the bidder with the highest bid. In order to be able to bid in the auction, it is necessary to have input data, i.e. username and password. The active auction participant must be over 18 years of age and must have full authority. The data provided for registration within the framework of the "Consent to the provision of personal data" granted by the auctioneer are for internal use and will be handled in accordance with the valid laws of the Czech Republic and will not be provided to third parties unless prohibited by applicable law. The interested party acknowledges that the operator is entitled to ascertain personal identification numbers and other identification data within the identification of persons, in accordance with Act No. 253/2008 Coll., On certain measures against money laundering and terrorist financing, in the valid wording. If insolvency proceedings are being conducted against the user, he is obliged to immediately inform the operator about this and is not entitled to make bids for the auction.

 

3.2. Registration

 

By registering, the auction participant fully and unconditionally agrees with the conditions below. The operator reserves the right not to allow registration to the applicant without giving a reason. The Register option is located in the navigation on the main page. The interested party of the internet auction is first obliged to register in a predefined form on www.einszwei.cz and fill in the data completely and truthfully, which he can check and correct before sending to the operator. The stated data can be verified by the operator from the user's identity card. The applicant expressly declares that by sending a copy of the identity card or passport, he confirms that he transfers all his personal data to the operator voluntarily and of his own free will, in full compliance with Act No. 101/2000 Coll., On Personal Data Protection, to verify his identity. By completing the registration on the www.einszwei.cz portal, the user concludes a contract with the operator on participation in the online auction in order to conclude a purchase contract for the subject of the auction. The electronic contact address (e-mail) provided in the registration must be valid and the person interested in registration is entitled to use this contact to receive e-mail.

 

3.3. Personal registration

 

Alternatively, the applicant may come in person during business hours to the Einszwei Gallery at Prague 2, Vinohradská 26 to personally register and verify their identity with a valid ID card or passport.

 

3.4. Registration confirmation

 

After filling in the registration form and sending it, an automatic message will be sent to the applicant by e-mail, containing instructions for completing the registration and its registration details. The registration of the applicant will be completed by confirmation from the administrator and will be informed by an automatic message sent to the e-mail. Confirmation by the administrator is sent within 24 hours at the latest. If the operator or administrator does not send this confirmation email to the applicant, the registration of the applicant has not been properly completed.

 

3.5. Termination of registration

 

The Operator reserves the right not to complete the registration of a new auctioneer who does not meet the above conditions.

The participant may cancel the already accepted registration at any time by sending a notice of withdrawal to the contact e-mail by post to the address of the registered office of the internet auction operator by registered letter. Data on the participant's registration, including the date of registration, are archived by the operator for the period of validity of the registration and the participant will be allowed access to them at his request. After the cancellation of the registration, the processing will end, the archiving will end and your personal data will be deleted from the auction operator's database.

 

4.0. Login

 

Used for secure login and entry into the system. To log in to the auction system, use the Log in option located on the home page. After logging in, the user name that was entered during registration and the user number will be displayed. This number is generated by the system and is intended for identification and orientation in the list of bids. Detail user settings can be edited by selecting My Profile.

 

4.1. Log out

 

Used to securely log out of the system. To unsubscribe from the auction system, the Unsubscribe option is located in the upper right corner of the site navigation. This logout will prevent your passwords from being misused by another user.

 

5.0. Bid

 

This is the difference between the new price offer and the current highest offer. The value of the first bid is always equal to the Starting Price, regardless of the minimum bid amount, ie the first bid for the item is equal to the Starting Price. The bid is always binding and its cancellation is excluded. The user expressly acknowledges this and agrees. At the same time, the user is obliged to act with extreme caution when bidding.

 

5.1. Exchanges

 

They are a standard bid. After entering the option Bid with the auction of the recipient, Information about the original part and the Bid part. Upon receipt, the recipient's item is auctioned and the service received is the amount offered.

 

5.2. Bid with the price

 

In this case, you can select and enter your own bid with the required amount in the field specified for Bid. After entering the Bid to Auction Participant option, information about the Original Amount and the Bid Amount will be displayed. After confirmation, the item is auctioned by the user and the required amount is accepted, which was entered in the specified field. The current price of the item will thus increase to its maximum bid.

 

5.3. Limit

Input for the limit bid, after activating the Limit option, any higher amount than the specified current price can be entered in the specified field. If you enter a limit on an auction item for which no bid has been made so far, ie non-auctioned items, the system will first bid in the amount of the starting price. Your set limit, ie its amount, will be used by the system for automatic price increase according to the table of minimum bids, so that your bid is always determined as the highest. In case of concurrence of two or more limits entered by the user, the successful bidder becomes the one who entered the limit first. If you enter a limit on an auction item where you have already entered a limit, the system will overwrite your old limit.

Cases that can occur in bids with a limit:

  1. a) by setting a limit for an auction item for which you have not yet taken any action, the bid will first be made according to the table of minimum bids (in the case of an item not yet auctioned for the starting price) and then the system will save your set limit
  2. b) by setting a limit on an item where you have already performed an action and you are the current bidder with the highest bid, the system only saves the amount of the set limit in the system and the current price on the item remains unchanged
  3. c) setting a higher limit to an item for which you have already set a limit will change the old limit, a new higher limit, you will not swap yourself for the item and if you are the bidder with the highest amount,

The current price of the auction item will remain the same even after increasing your set limit

  1. d) by setting a limit for an item in case your limit is too high, you can reduce the value by entering a lower new limit, which must be at least as the current price for the item at the time

 

5.4. Breakdown of the table of bids

 

Set minimum amount of bids:

  1. a) CZK 100, with an immediate internet auction price of less than CZK 5,000
  2. b) CZK 200, with an immediate internet auction price of more than CZK 5,000, but less than CZK 10,000
  3. c) CZK 500, with an immediate internet auction price of more than CZK 10,000, but less than CZK 20,000
  4. d) CZK 1,000, with an immediate internet auction price of more than CZK 20,000, but less than CZK 50,000
  5. e) CZK 2,000, with an immediate internet auction price of more than CZK 50,000, but less than CZK 100,000

d)CZK 5,000, with an immediate internet auction price of more than CZK 100,000, but less than CZK 500,000

f)CZK 10,000, with an immediate internet auction price of more than CZK 500,000

 

 

5.5. Bid archiving

 

After the end of the online auction, the amounts will be archived in the database for possible retrospective control based on the request of the registered auction participant.

 

5.6.History of bids

 

To make a possible complaint about the order of time and the amount of bids, the auctioneer has the opportunity to look into the history of bids on the website in the detail of the item.

 

5.7.Auction duration

 

After bidding during the last 2 minutes of the auction, the scheduled end time will be extended by 3 minutes. The end time will be extended as long as bids are made. The auction of the item will be definitively terminated (if one of the auction participants does not bid) within 2 minutes from the last bid.

 

5.8.Automatic page loading

 

The participant automatically updates the page of items of the current auction after one minute. If the participant wants immediate information about the status of items in the current auction, you can use the option to update the required page in person, using the Reload page button.

 

5.9.Win

 

The new owner of the item is the auction participant who makes the highest bid at the time and date of the auction and then pays the amount. If two identical bids are submitted for the same subject, the system will automatically give priority to the bid that was submitted first. It therefore decides the date and time of the offer. Thus, the purchase contract for the subject of the auction will be concluded between the auctioneer and the user, whose bid will be the proposal with the highest offered purchase price at the end of the auction. This user will be individually contacted by the operator for the purpose of concluding the Purchase Agreement and arranging the takeover of the subject of the auction and the method of payment of the purchase price offered by him for the subject of the auction.

 

6.0.News

 

Once the auction is over, the winning entrant is automatically notified of the prize, payment and acceptance of the item via their contact e-mail provided in the registration. The participant is also informed about the overcoming of the bid, even the automatic amount entered in the limit, in case his offer was exceeded by another user.

 

7.0.Closing of the auction

 

If no bid has yet been made for the item in the current auction, the operator reserves the right to withdraw the item during the online auction and sell it to the current bidder without waiting for the end of the auction. Furthermore, the operator reserves the full right to unilaterally terminate the item in the auction, respectively. auction of the auctioned item or change its date due to an unplanned server outage, natural disaster, etc. (ie force majeure), or in the event of a serious infringement by the owner of the item or another person.

 

8.0. Acceptance

 

After payment of the price achieved by the auction, the participant will be contacted to agree on the date of handover and acceptance according to their

time options. On the day of handover, a "Protocol on handover and acceptance" will be created (part of the Tax Document), which will record the requisites according to the law, a solemn declaration and, in case of interest, additional descriptions as required. The item ID is listed here in accordance with the auction ID, ie a unique automatically generated designation. The protocol shall be signed by all parties concerned. One copy of the protocol will be received by the auctioneer and one copy will be received by the auctioneer. All costs associated with the handover and acceptance of the subject of the auction shall be borne by the auctioneer. This does not apply to unnecessary costs incurred by the operator. The auctioned item will be handed over only to the winning participant on the basis of his identification or to a person with a completed power of attorney with officially verified signatures from the winning participant in the online auction. The risk of damage, destruction and loss of the subject of the auction also passes to him, which passes from its holder to the auctioneer on the day the subject of the auction is handed over. If the winning participant is in delay in taking over the subject of the auction, the auctioneer bears the risk of damage and the liability for damage.

 

 

8.1.Non-collection and non-payment of the won auction

 

Unpaid and uncollected auction items may be returned to the online auction or sold to other bidders and their original auction will be considered foiled. The user who won the auction and did not pick up or pay the auction subject is obliged to pay the operator the storage of the auction item in the amount of CZK 500 for each storage day from the 15th day from the end of the auction until the sale of the auction item or the new auction closure. If the operator is forced to take such a step and if the operator suffers damage, lost profit or damage to goodwill of the owners of the offered items, due to non-payment of the item by the winning participant within the specified period (ie no later than 14 days from the online auction) , this damage will be calculated by the operator as compensation in the amount of 25% of the total amount for the auctioned and unpaid item by the winning participant and sent for payment, including the operator 's fee and legal representation costs. Participation in an online auction is a voluntary decision of the individual with the knowledge of his financial possibilities and at the same time with the knowledge of all obligations arising from such participation with all the legal consequences associated with it.

9.0.Payment terms

The successful participant is obliged to pay the amount of the highest bid made to the account of the operator no later than 14 days from the online auction. The obligation is considered fulfilled by crediting the amount of the highest bid to the operator's account. Payments will be made by the participant by bank transfer to the operator's bank account no .: 275949557/0300, kept with ČSOB, unless otherwise agreed. For quick identification, it is necessary to state the variable symbol during payment, which is the auction ID. After paying the amount of the highest bid made with the operator's fee, the winning participant in the online auction becomes the owner of the item. The operator will issue a tax document to the participant on payment of the purchase price and fee.

 

9.1.Method of payment for items

 

  • By transfer to the operator's account

9.2.Auction fees

 

Furthermore, the auction participant is acquainted with the fact that he is obliged to pay the operator a fee for arranging the sale in the form of an online auction and to cover the costs associated with it, which is contractually set at 25%, incl. VAT, from the price of the given object achieved in the auction, when paying the price achieved in the auction and in the same way as this price is paid.

 

10.0.Complaints procedure / Withdrawal from the contract

 

The participant has the right to withdraw from the contract for participation in the online auction in order to conclude a purchase contract for the subject of the auction within fourteen days in writing by registered letter to the address of the operator. In the case of making a winning bid for the subject of the auction, the right to withdraw from the contract expires, because by making a bid by the participant, the participant gives explicit consent to the operator to provide the service before the expiration of the withdrawal period. The user expressly declares that he / she has been notified of the right and obligation to inspect the subject of the auction in person thoroughly during the opening hours in the gallery premises before making his / her own bid.

 

10.1.Complaints procedure / Complaints

 

The rights of the buyer (or auction participant) from defective performance (hereinafter referred to as "complaint") must always be exercised in accordance with these complaint rules. Matters not regulated by these Complaints Rules are governed by the law of the Czech Republic. The seller will acquaint the buyer with these complaint rules in a suitable manner and will hand it over to him in text form at the request of the buyer. This complaint procedure is in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on consumer protection.

Complaints about the item are only possible due to a serious suspicion of counterfeiting, given that the items are old and worn and the participant can personally inspect and assess them at the gallery address. The auctioned works and objects can be claimed at the latest upon their receipt, when the auctioneer informs the operator about this fact. After that, the winning participant is obliged to submit to the operator a written expert opinion from a forensic expert in the relevant field within 14 calendar days from the date of filing the complaint, which clearly proves that it is a forgery. Such a complaint must be made in writing, unless otherwise agreed. Complaints concerning the price, quality, in accordance with the provisions of Section 2161 of the Civil Code, the condition and functionality of the auctioned item are excluded after the winning bid.

The buyer is obliged to prove that he has the right to file a complaint, in particular to document the date of purchase, either by submitting a sales document, or in another credible way. The buyer is not entitled to file a claim for a defect that has been alleged in the past, if a reasonable discount on the purchase price was provided for it.

The buyer can exercise his rights from defective performance within 12 months of receipt of the goods. After the expiration of the period, the right of defects cannot be exercised against the seller, unless the contracting parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond its legal obligations.

 

10.2.Complaints procedure / Damage

 

Minor damages to the described items, which correspond to their age and wear, are not reported. Objects can bear minor restoration work, minor damage to the frames, natural cracking of oil paintings, yellowing of paper from older prints and drawings. In the case of works of art, only those damages that would possibly affect the artistic value of the given object are described in more detail. In the case of works of art, in particular paintings and antiques, the description shall indicate only those defects and damage which affect their artistic value and may affect their price. These items can also be restored, damaged, non-functional, etc. Any damage or non-functionality is already included in the price of items in the form of a discount and each person interested in buying has the opportunity to view the items offered in person at the gallery before making a winning bid.

 

11.0.Protection and Information on the processing of personal data

 

The protection of your privacy and personal data is considered essential and we would therefore like to provide information on the processing of such data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement. movement of such data and repealing Directive 94/46 / EC on the General Data Protection Regulation ("GDPR").

All personal data is stored at the operator Einszwei Gallery at Prague 2, Vinohradská 26, postal code 120 00 / in accordance with the law of the Czech Republic. The Auction Operator is entitled to process personal data provided voluntarily by the Participant for the purpose of fulfilling the contract and for the purpose of fulfilling obligations arising from other legal regulations (especially accounting and tax regulations) even without the Participant's consent.

Personal data shall be processed in accordance with the GDPR and to the extent necessary to ensure the proper provision of services. Furthermore, personal data are processed, the processing of which is required by law.

in particular the following information:

- identification or invoicing: name, surname, address of residence, type and number of identity card and related data, or business name, registered office, ID number, VAT number

- contact details: e-mail, telephone number

- the account number and other information necessary for the performance of the contract or legal obligations

Thus, personal data is processed transparently, correctly, in accordance with the GDPR and generally binding legal regulations.

All data (personal data) are secured against misuse and the Participant has the right to request access to personal data, correction or updating of personal data, restriction of personal data processing and cancellation of registration, ie termination of processing and deletion of personal data from the auction operator's database.

Upon submission of such a request in writing (to the above address of the auction operator), the auction operator undertakes to delete the required data from the database without undue delay. The Operator declares that all personal data (name, surname, phone number, e-mail, postal address, personal identification data) are confidential, will be used only for the internal needs of the operator and will not be published, provided to a third party or otherwise misused. These data are collected in order to comply with legal regulations, see Act No. 253/2008 Coll. and for business and marketing reasons. When handling personal data, the operator undertakes to comply with Act No. 101/2000 Coll., On the protection of personal data. If the operator violates its obligations as a controller of personal data, the participant in the online auction has the right to request an explanation from the operator and removal of the situation.

It is not possible to pass on any personal information without the participant's consent. The participant's right to personal data is guaranteed. By registering and using the online auction services, the participant consents to the collection and processing of personal data. The participant also has the right to request the deletion of personal data from the database by canceling the registration. In the event of termination or cancellation of the registration, the collected data will be liquidated, unless the obligation to retain data arises from the law. The access of registered participants to the auction system is protected by a password known only to the registered participant and must ensure in its own interest that the password is not freely accessible to other persons and thus cannot be misused. The operator is not responsible for the misuse of the password.

 

11.1.Business message

 

By communicating the electronic contact, he agrees that the operator's business messages will be sent through him. If the auction participant does not agree to the sending of such communications by the operator, he shall report this fact in person or in writing together with his electronic contact.

 

11.2. Updates, changes

 

The operator is entitled to unilaterally change the business conditions to a reasonable extent. It informs the user about this in the "Terms and Conditions" section, always 14 days before the new version of the terms and conditions takes effect. The user is entitled to reject these changed business conditions in the form of a written notice probably delivered to the operator.

 

12.0.Protection of works

 

In the event that the work is declared a cultural monument pursuant to Act No. 20/1987 Coll., On State Monument Care, this fact will be pointed out in the description of the subject and its price will be determined by an expert opinion. Cultural monuments may be exported only with the prior consent of the competent authorities. The sale and export of objects of cultural value is governed by Act No. 71/1994 Coll., On the sale and export of objects of cultural value, as amended. These items can be exported from the Czech Republic only upon presentation of an official certificate that the items have not been declared a cultural monument and that they are not part of a file declared a cultural monument in the sense of the Act on State Monument Care. If the subject of the auction is a collection or individual collection items registered in the central register of museum collections kept by the Ministry of Culture, they may be disposed of only under the conditions stipulated by Act No. 122/2000 Coll., On the Protection of Museum Collections.

 

13.0. Final Provisions

 

The operator does not guarantee the truthfulness and completeness of the information provided by the owners for the purposes of the auction. Each participant in the online auction can personally view the items before or during the auction in the gallery and personally assess them. Before the auction itself, the participant can also obtain an expert opinion from an expert, whom he will personally invite to the assessment. However, the operator reserves the right not to accept the opinion of such an expert and to continue to offer the item in an online auction. Only in the case of a written expert opinion from a forensic expert in the field of fine arts proving that it is a forgery, can the object be excluded from the auction. Based on the stated conditions and agreements between the operator and the owners of the offered items, the services provided by the internet auction operator are considered provided at the moment of payment of the final price of the item with a fee for mediation by the winning participant. Ownership of the item passes to the winning participant at the time of payment of the final price of the item with a fee for mediation. The operator reserves the right to change or modify the conditions without prior notice by publishing their latest and complete version on the website. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions. All older versions are archived by the operator and can be requested by the subscriber. In the event of unenforceability or ineffectiveness of any arrangement, such provision shall be ineffective only to the extent of its unenforceability or invalidity, the remaining provisions shall remain binding. The Provider and the participant agree that their relations not regulated by these terms and conditions will be governed by the provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and at the same time that all disputes arising from these terms and conditions will be discussed in jurisdiction. courts according to the law of the Czech Republic.