Terms of service

I. INTRODUCTORY PROVISIONS

1. These Terms and Conditions (GTC) regulate the mutual rights and obligations when using the services of Livebid as a software provider for the purpose of online auction through the web portal www.Livebid.cz in the form of an indoor or online (electronic) auction, and for the purpose of direct sale of goods or services or mediation of direct sale of goods or services, and bidders who participate in auctions organized by sellers through the Livebid service or who buy goods or services offered on the Livebid website (Users).
2. These GTC contain the auction rules for auctions held through the Livebid system.
3. If it is stated in these GTC that the provisions refer to an auction, it means both an internet (electronic or eAuction) auction and an indoor auction with the participation of internet Bidders, unless it is explicitly stated that the relevant provision refers only to a certain type of auction. If it is stated in these GTC that the provisions refer to the sale or purchase, it means both the sale or purchase of goods and services and the auction.

II. EXPLANATION OF TERMS

1. AML Act means Act No. 253/2008 Coll., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism;
2. 2. Auction Notice means a document issued by the Seller containing information about the auction, in particular a description of the subject of the auction, the amount of the lowest bid, the minimum bid amount, information about the Seller, the date and time of the auction start, the time of the auction end, and other information. The Auction Notice may contain the Client's Auction Rules for the auction procedure if provided by the Client, otherwise, or unless the Client's Auction Rules so exclude, the Operator's Auction Rules contained in these GTC shall apply;
3. 3. Buyer means the Bidder with the highest bid who has been declared the winner of the auction or has been designated by the Operator as the Buyer;
4. 4. Livebid Identity means the verification of the User's identity using the software solution of the supplier, company GetID OÜ, reg. No. 14700267, with registered office at Maakri 19/1, 30th floor, 10145, Tallinn, Estonia, another supplier of a similar service designated by Livebid, or on the basis of mediated identification pursuant to Section 10 of Act No. 253/2008 Coll., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism by a notary public or a public administration contact point (CzechPoint);
5. 5. Seller means a person registered on the portal www.Livebid.cz as a seller, who offers goods for sale through the Livebid system, which they are either the owner of or are authorised by the owner to sell, whereby they sell through the Livebid system on their own behalf and under their own responsibility;
6. 6. Operator means company Livebid s.r.o., ID No.: 14100169, VAT No.: CZ14100169, with registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 360592, as the operator of the www.Livebid.cz portal and the administrator who ensures the operation of the Livebid system;
7. 7. User means a person registered on the portal www.Livebid.cz as a person interested in selling and participating in auctions and who is registered on the Livebid.cz website as detailed here: https://livebid.cz/help;
8. 8. Bidder means a verified User who has been allowed to express an active interest in purchasing goods or services and in participating in the auctions, based on identification pursuant to Article V of these GTC, whereby only the Bidder is entitled to participate in the auction process and to purchase goods or services.

III. USER REGISTRATION

1. 1. Participation in the sale or auction is open to any natural or legal person who registers fully on the portal www.Livebid.cz and who completes and sends the registration form to the Operator. The User is obliged to fill in all mandatory data in the registration form, otherwise they will not be allowed to complete the full registration. By registering, the User confirms that they have read and understood these binding GTC and the privacy policy available here gdpr.
2. 2. The User is obliged to provide true and up-to-date information in the registration, otherwise they are liable for any damage caused by the failure to provide true information.
3. 3. In the event that any change occurs in the information provided in the registration form after the registration, the User is obliged to notify the Operator immediately by changing the data in the user profile.
4. 4. As part of the Livebid service, the Operator ensures that the data from the registration form is stored electronically.
5. 5. The User is obliged to refrain from using any defamatory, offensive or vulgar terms, otherwise the Operator is entitled, at their discretion, to cancel either the User's registration or the User's account without compensation or change their username.
6. 6. The User is entitled to request cancellation of the user profile at any time.
7. 7. For more information about the registration process and benefits of registered users, please visit: https://livebid.cz/help.

IV. PARTICIPATION IN AUCTION AND PURCHASE

1. The conditions of participation in the auction and the subsequent purchase of goods or services are regulated by these GTC, the relevant Auction Notice and the Seller's terms and conditions (Auction Rules), which the Seller shall attach to the Auction Notice, whereby the Auction Notice shall prevail over the Seller's terms and conditions and the Seller's terms and conditions shall prevail over these GTC.
2. The provisions of the legal regulations governing public auctions pursuant to Act No. 26/2000 Coll., on Public Auctions, as amended, shall not apply to the auction, as the Bidder who made the highest offer (highest bid) does not become the owner of the object of the auction on the date on which the Operator closes the bidding, but on the date of conclusion of the purchase contract, or other agreement with the Seller, or at the time set for the transfer of ownership according to generally binding legal regulations.
3. Before making a request to participate in the auction and/or purchase, the User is obliged to familiarize themself with the relevant Auction Notice and the terms and conditions (Auction Rules) of the Seller. By confirming participation in the auction, the User agrees to the Auction Notice and the terms and conditions (Auction Rules) of the Seller, and undertakes to comply with these conditions.
4. For the avoidance of doubt, the Operator is not the Seller of the electronic auctions posted on the portal www.Livebid.cz, but the administrator of the Livebid auction system, as the Operator only offers the Seller a technical auction solution.
5. The purchase offer and the auction are published according to the information provided by the Seller on the basis of the purchase offer or the public Auction Notion issued by the Seller. The Operator is not responsible for the accuracy of the data contained on the card of the offered goods or services or on the auction card, the completion of which was carried out by the Seller themself. Neither are they responsible for the content of the documents delivered by the Seller for publication.
6. The Seller determines the time of the start of the auction. This information will be published on the card of the offered goods or services or on the auction card.
7. The sale or auction will be started manually or automatically at the designated time. Bidders may make their submissions from the time it is opened.
8. All timing of the sale or auction is abided by the time of the server running the www.Livebid.cz portal, which is governed by Central European Time - GMT+1, taking into account Standard Time (CET) and Summer Time (CEST).
9. Participation in the sale and auction is only possible for Bidders with full registration. Full registration means Livebid Identity.
10. In the event that a deposit is required to participate in the auction, the deposit must be made in the manner specified by the Seller in the Auction Notice. The method of deposit will also be published on the auction card.
11. A Bidder intending to make a bid in a given auction must make a bid in an amount that exceeds the last highest bid made. This does not apply in the case of the first bid, which may be made in the amount of the lowest bid. In the event of more than one bid being made in the same amount, the bid made first shall prevail. Bidders are bound by their submissions and cannot withdraw them. The Bidder who has made the highest bid shall be entitled to purchase the auction lot. The Bidder with the highest bid, i.e., the Buyer, will be designated by the Operator as the winner of the auction.
12. Until the auction commences, the Bidders are entitled to enter the maximum amount they are willing to bid for the goods and services offered in the auction, the so-called limitation, so that the Livebid system or, in the case of an indoor sale, the Bidder's representatives, make successive submissions on behalf of the Bidder and up to the amount of the Bidder's limitation. In such case, the Bidder acknowledges that they are bound by the Bid up to the limit and are obliged to enter into a purchase agreement with the Seller as the Buyer.
13. The Bidder wishing to purchase the offered goods or services in a sale (not an auction) must make a submission in the amount of the asking price indicated in the card of the offered goods or services. In the case of a sale, the Buyer shall be the first Bidder to make a submission in the required amount and who is designated as the Buyer by the Operator. Neither the moment the Bidder makes a submission, nor the announcement of the Bidder as the winner of the sale, constitutes a contract of sale, but an opportunity to enter into a contract of sale with the Seller. The Bidder acknowledges that the Operator is only facilitating the possibility of concluding a purchase contract with the Seller.
14. Upon completion of the sale and auction, the Operator will forward the personal and contact details of the Buyer to the Seller for the purpose of concluding a purchase contract or other contractual arrangement regarding the sale, including payment details and handing over the object of the sale and auction. The Operator shall not be liable for any actions related to the process that follows the completion of the sale and auction, i.e., the conclusion or not of the purchase contract or other contractual arrangement between the Buyer and the Seller.
15. By registering on the portal www.Livebid.cz, the User acknowledges that their user account may be suspended, including additional exclusion from the auction, if there is a violation of the Auction Notice, violation, non-compliance or failure to provide the necessary cooperation in accordance with generally binding legal regulations or other violation of the general rules and ethics of participation in auctions according to individual evaluation by the Operator. Suspension of a user account may consist in its complete blocking and cancellation of the existing limits, or in blocking access to participate only in specific auctions.

V. USER IDENTIFICATION

1. The Operator provides the Seller with the identification of Users interested in becoming Bidders participating in sales and auctions, in order to verify the identity of Users. Identification is carried out on the basis of three successive steps, namely by verifying the User's e-mail address, the User's telephone number and the User's identity.
2. The User is entitled to verify the User's identity in one of the following ways:
3. a) via Livebid identity. By using the Livebid identity, the User agrees to the terms of the GetID publicly available at this link: https://getid.com/privacy-policy/.
4. b) by uploading the User's identity document, which will then be evaluated by the Operator;
5. c) on the basis of a mediated identification pursuant to Section 10 of Act 253/2008 Coll., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism by a notary or a public contact point (CzechPoint - usually available at the office, post office or notary), by sending a public document on the result of the mediated identification to the Operator's data box hb22jhz. The Operator notes that the issuance of the public document is subject to a fee, the costs in this case being borne by the User.
6. d) by personal verification of identity by simultaneous presentation of two identity documents in front of an employee of the Operator, by agreement between the Operator and the User, or at events organised by the Operator, at which the Operator allows and announces in advance that it will be possible to verify the identity of the User. By using this identity verification option, the User agrees to the taking of a copy of the identity document by an employee of the Operator.
7. Verification of the User's e-mail address is carried out by sending an e-mail containing a link to verify the e-mail address.
8. Verification of the User's phone number is carried out by sending a text message with a code for phone number verification.
9. Verification of the User's identity is carried out in the following scope: identification and verification of identity by means of an identity document, or comparison of likeness, in particular by means of a photograph taken, the so-called selfie, within the framework of Livebid identity by taking an interactive video-selfie.
10. By participating in the sale or auction, the Bidder acknowledges that the Seller is entitled to identify and check the Bidder including cases of identification and control under the AML Act, always in cases where the Seller is in the position of an obliged person under the AML Act. Identification under the AML Act shall always include a determination of the source of funds. Refusal to identify and check the Buyer, as well as the fact that the Buyer is unable to prove that the funds do not originate from criminal activity, is a reason for which the Operator is entitled to subsequently exclude the Buyer from the sale and auction.

VI. FORCE MAJEURE

1. The Operator shall not be liable for failure to perform their obligations during the period of force majeure to the extent that the Operator could not be required to prevent the failure to perform their obligations due to force majeure.
2. Any event independent of the Operator's will that prevents the performance of their obligations and which could not have been foreseen is considered force majeure under these GTC. In particular, a natural disaster, fire, explosion, severe windstorm, earthquake, flood, war, strike or other events beyond the Operator's control shall be considered force majeure for the purposes of these GTC.
3. Force Majeure shall also include the unavailability and non-functionality of Internet connections not caused by the Operator or other critical parts of the infrastructure necessary for the provision of the service by the Operator.
4. For the duration of the force majeure, auctions that have already started shall be suspended until the consequences of the force majeure are removed.

VII. FINAL PROVISIONS

1. If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
2. The contracts, the GTC and the legal relations arising from them, as well as any disputes arising from these legal relations, shall be governed by Czech law.
3. The Operator is entitled to change these GTC at any time by way of notification on the portal www.Livebid.cz. The new GTC shall become effective on the date of their publication on the portal, unless the Operator sets a later date. The current version of the GTC will apply to auctions already in progress.
4. These GTC shall come into force and effect on 27. 6. 2022