DARTE

Auction rules

1. Bidder can be any natural person with the age of more that 18 years, with full legal capacity. Bidder should not be a person who is owner of the object. DARTE Company reserves a right to prohibit bidding to person who does not meet auction conditions.
2. The Auction Company shall examine bidders´ identity before receiving bid number before each auction. Bidders´ identity examination is made on the basis of provided identity card that proves his/her identity.  Each bidder shall sign “Bid number owner’s declaration” based on which he/she is obliged to accept and pay correctly for the object bidden by him/her according to Auction rules.

1. Auction is open to public; admission is conditioned by meeting conditions proclaimed by DARTE Auction Company before entering auction house. The admission to auction shall be not allowed to persons under the influence of alcohol or to persons violating decent behaviour rules. DARTE Auction Company has a right to decline entrance to any person to its premises or to auction according to its own consideration.
2. DARTE Auction Company shall allow inspection of things selected for auction five days prior auction performance. It is possible to see the things in Darte gallery and on the day of auction performance directly in the auction house.
3. During exhibition and auction performance it is not allowed to sell, exhibit or swap any things among visitors privately and to record (e.g. on film, on camera) things exhibited or auctioned and auction participants without permission of auction company. All visitors have a duty to accept all measures provided in order to protect exhibited things or things determined for auction during exhibition.

1. Everyone who proves his/her identity by auction ticket in the form of catalogue is entitled to pick up his/her bid number that is given to bidder without any fee.

1. Bidding the price of thing offered to auction is considered a fact when bidders make higher bid (bidding). In that case the bidder shall raise his/her bid number visibly. In more cases that are similar to this one the person in charge of the auction (auctioneer) counts biddings in accumulative way.
2. The organiser reserves the right to stipulate he amount of the closest higher bid according to the character of the thing sold at auction (by the price of the subject sold at auction).
3. The auction house reserves a right related to additional change of minimum bidding amount of the bidding price.

1. If bidding is finalized from the bidders´ side and there is no bid after the second call, the auctioneer will announce the last bid one more time (the price reached in last bidding – auction price) and sells the thing to the bidder. The buyer is the person to whom the last bidding was sold.
2. The buyer shall be bidder to whom the bidden object is sold and any disputes in this regard depend on the auctioneer (owner of the auction house).
3. Property right and the right to hand over the thing sold at auction originate only after payment of whole sum of the object. The whole sum of the object is for the purpose of DARTE Auction Company considered the total sum of object sold at auction and auction commission.

1. DARTE company reserves a right to reduce the price of the object offered at auction additionally if there is no interest in respective object minimum for asking price. The bidder must announce the offer of asking price reduction in visible or audible way that means in reality that he shall raise bid number upside down.
2. However, realization of sale of an object (piece of art) for lower price than its asking price stated in auction catalogue is conditioned by additional written approval of its owner.
3. Asking price can be reduced maximum by 20%. The price shall be stipulated by the auctioneer.
4. Only those catalogue items whose asking price exceeds 400 EUR (12 050 SK) can be sold at an auction in under limit way.

1. Auction is usually held without any breaks. The buyer who bade personally is obliged to pay the purchase price to the account of the auction company during the auction during the last break. After the end of auction the buyer is obliged – if he/she bade personally in the last part of auction – to pay the purchase price after the last object comes under the hammer, unless he/she did not agree with DARTE auction company on credit before the auction. Non-paid object is regarded as non-auctioned object.
2. DARTE Auction Company can agree with buyer on credit that is conditioned by paying a deposit for objects sold at auction, i.e. in minimum amount of 20% of total financial amount of the object.  DARTE Auction Company is entitled to withdraw from the contract if the buyer is late with payment of total financial amount of the object (including auction commission) for more than 14 calendar days. In such case 20% of total financial amount of the object forfeits in favour of auction company as equivalent of costs related to selling the object and lost profits.
3. All honour members „V I P DARTE“ get the credit automatically.

1. Reached auction price (the last bid) is the buying price. DARTE Company shall issue to the buyer a written confirmation of payment (a receipt).  When paying the purchase price the auctioneer shall charge the buyer a special auction a commission of 15% plus VAT from this commission to the final price of the auctioned item. Confirmation of commission payment is a part of the receipt related to contract payment.
2. The object shall be given to the buyer after payment of buying price and auction commission.
3. DARTE auction company shall issue a special written confirmation related to buying the object at auction on buyer’s request. The confirmation shall contain object number under which it was sold at auction, bid number that bought the object at auction, brief description of the object, number of pieces (if it is a collection), if it concerns an object made from precious metal then purity and weight in grams (if it concerns brilliants, then carats), purchase price, auction performance date, stamp and competent person’s signature.
4. Objections to knock down must be applied by buyer immediately in the hall in visible or audible manner. Objections applied during payment are not taken into consideration. Complaints related to goods sold at auction hall are not accepted, description of exhibits is declared by their external (sensorially perceived) properties only, not by their origin.  The goods sold at auction on the basis of authorization assigned to company can be reclaimed at the latest when receiving goods.
5. Decision-making in all disputes related to the course and way of auction that are not solved explicitly in this auction rules is fully in the competence of the auction hall or auctioneer.

1. DARTE Auction company can substitute any bidder at an auction also without presence of the bidder if he/she asks the company  for substitution in bidding process of any object selected for auction if he/she meets following conditions: 
   
   • provides a written authorization to acquisitor (DARTE company) or an oral authorization in the presence of two witnesses for substitution at an auction with date, signature and residence address,
   • appoints objects that the acquisitor has to buy for him/her,
   • sets a limit up to which the acquisitor is allowed to bid for each of the objects.
2. The authorization for substitution at an auction can be concluded at the latest 24 hours before the auction considering the fact that participation in an auction on the basis of authorization is conditioned by paying a deposit. Deposit in the amount of 20% of the asking price of the object must be paid by the bidder when signing the authorization. If the buyer is late with payment of total financial amount of such object bought at an auction for more than 14 calendar days the 20% deposit forfeits in the favour of DARTE Auction company as equivalent of costs for selling the object and lost profits. 
    

1. All things selected for an auction shall be sold without regard of defects, faults or imperfect description. Pictures in the catalogue serve only for identification of objects. The bidder should find out the state of each offered thing and it is up to his/her consideration whether the object corresponds to the picture in catalogue. With exception of commitments carried by auctioneer under these conditions, carries neither no tradesman, nor DARTE Auction company and its employees or acquisitors any responsibility for imperfect description or truthfulness or authenticity of any object offered at auction and shall not provide quarantee for any object sold at auction to any of buyers.
2. When receiving objects to auction DARTE Company concludes a contract with owners where they declare that objects offered are not fakes and that they shall bear all costs connected with return of the object.
3. Payment to owners of sold objects shall be made up to 30 days after the end of auction.
4. If the buyer provides DARTE Auction company with written proclamation that the thing sold at an auction is a fake or has defects in text or illustration and gives his/her object bid number and auction date and at the latest 30 days after the auction and gives the object back in the same state as during the auction and it is later confirmed that the object is really defect or fake, DARTE Auction company withdraws from the sale and repays all sums paid for the object. However, it can be done only if it does not concern object whose sale cannot be cancelled and it is not possible to repay the money or ask for paying the money back.  It concerns cases when: 
   • the thing is stated in catalogue as an object that cannot be returned,
   • object is a part of an collection,
   • object defect or secondary intervention or restoration need is stated in the catalogue.
5. The thing can be reclaimed by the buyer exclusively, maximum up to the amount paid for the thing.
6. All data and proclamations stated in auction catalogue related to authorship, assigned features, authenticity, origin, date, age, provenience, state, the lowest asking price or quoted auction price express only the opinion of DARTE Auction company that is entitled to consult with any experts or official place when creating the opinion and to follow their expression.  In similar matters each participating person must follow his/her own opinion and neither DARTE Auction company, nor its employees and acquisitors can be responsible for correctness of such opinion.
7. The auction rules are elaborated in concordance with Slovak legislation and they also follow respective legal regulations of Slovak rule of law. All regulations emerging from the auction rules come into force on the day of catalogue issue.

The auction rules come into force on 1st of January 2009