BY-LAWS OF ART IN HOUSE AUCTION HOUSE
1. The auctions are organised by Art in House Auction House being a part of an individual business led by Art in House Anita Wolszczak registered in Central Registration and Information on Business, seated in Warsaw, Gioacchino Rossiniego 15/9, 03-289 Warsaw, NIP: 8111559097, REGON: 14727598 hereinafter described as Art in House.
2. The auctions are executed in accordance with the Polish law by a physical person called Auctioneer.
3. Items being sold during the auctions are pieces of art (paintings and sculptures) registered by their owners (i.e. their authors in majority of cases). Registration for sale is made on the basis of a written agreement, that may have a form signed by registering person and Art in House.
4. In accordance with the registering persons statements the items are the registering persons’ property, remain free of any legal defects, are not covered by any administrative, court or tax proceeding, are free of any distress or pledge and other limited proprietary rights and are not subject to any claims. Registration of items being a property of few persons, should be registered only on the condition of written consent of all owners.
5. Art in House has a right to refuse registration of piece of art without presenting any reason. In particular Art in House does not register items for which information about legal defects mentioned above was received.
6. Art in House has a right to withdraw an item from the auction till the auction starts without presenting the reason.
7. Dates and hours of the auction and pre-auction exhibition are published on the website www.artinhouse.pl. Art in House has a right to recall an auction without presenting any reasons.
8. The auctions are held in Warsaw, in Konstanty Zamoyski Palace located at Foksal 2.
9. Auctioned items are published in the auction catalogue published on www.artinhouse.pl and in hard copy. Items descriptions placed in the catalogue may be extended or modified by the Auctioneer prior to the auction.
10. Participation in the auction is possible by the mean of a table with an individual number distributed by Art in House immediately prior to the auction on the basis of a form. The table should be returned immediately after the auction.
11. Participation in the auction is also possible on the basis of filled bidding order form, which enables participation through a phone or making a bid for an item with a maximum price. Bidding order form should be sent not later than 12 hours prior to the auction at email@example.com. Receipt of the form is confirmed by Art in House. The confirmation is a condition for the form to be valid. Bidding order form is available at www.artinhouse.pl and in auction catalogue.12. In case of confirmed telephone participation Art in House representative contacts a bidder prior to the auction of a given item and makes the bids on the bidder’s behalf. Art in House is not responsible for difficulties in establishing telephone connections with the bidder. In case of orders with maximum price Art in House makes efforts to purchase the price at possibly the lowest price.
13. Opening bid price is set individually. Bid increments thresholds are set by the Auctioneer prior to the auction. Art in House is entitled to set conditional prices for chosen items. Purchase of such item at the price lower than the conditional price is subject to the item owner’s consent. The prices set during the auction include VAT.
14, The auction of an item ends with a hit of an auction hammer by the Auctioneer – a bidder who proposed the highest price concludes a purchase-sale agreement with Art in House. The bidder is not entitled to withdraw from the agreement. Any disputes are resolved by the Auctioneer, who may repeat the auction of the given item.
15. Art in House will add 15% of auction commission to the auctioned price, which includes VAT. In case of auctions organized together with Belgain Auction House The Bru Sale the commision amounts to 24.5%. Art in House issues VAT margin type of VAT invoices.
16. Payments for the items purchased are preferred to be received immediately after the auction, whereas are required to be made within 10 days after the auction at the latest. The ownership of an item passes onto the bidder after making the payment of the price and auction commission. Day of payment is a day of receiving the payment at the bank account no: 30 1050 1025 1000 0092 0191 5122. In case of delay with a payment Art in House is entitled to withdraw from the agreement concluded with the bidder.
17. The items may be collected by the bidder provided that the payments are made, immediately after the auction. Other items are delivered by Art in House within the borders of Warsaw at Art in House expense, whereas out of Warsaw at the expense of the bidder. Art in House is not responsible for any damages of items transported out of Warsaw.
18.The bidders agree for Art in House storing and processing of their personal data for the marketing purposes and to the extent necessary for their participation in the auction. The data stored may be accessed only by a suitably trained persons. Art in House will not forward data to any other party.