GENERAL CONDITIONS
GENERAL CONDITIONS:
1.1. This regulation establishes the general framework for conducting and participating in auctions organized by the Vikart Auction House.
1.2. The auction regulation is completed with the provisions of the Romanian Civil Code and with any other incidental legal provision.
1.3. This Regulation shall apply as a matter of priority between the Parties.
1.4. Registration / Registration in any way within the auction or participation in the auction, in person or by phone, online or by a written offer, has the legal value of full and unconditional acceptance of all the conditions provided in these Auction Regulations.
1.5. The person who bids in any way, but fails to submit or sign or complete the registration form is also subject to the conditions of these auction regulations.
1.6. Anyone who has reached the age of 18 can participate in the auction organized by the Vikart Auction House.
2. CONFIDENTIALITY
2.1. The Vikart Auction House will not disclose the name of the depositor and the name of the buyer unless they request it in writing.
2.2. The depositors (consignors), through the documents they sign with Vikart, guarantee that the art object deposited in consignment for sale by auction belongs to them, have the quality of owners, or that they have the right, by power of attorney, to sell it. Also, the depositor will be contractually liable, directly to the successful bidder in any situation that leads to the subsequent sale of the sale, and will compensate him for the damage caused.
2.3. The depositor will make every effort to make available to Vikart all the documents that legally give the depositor title to the consigned lot.
3. AUCTION CATALOG
3.1. Before the auction, the Vikart Auction House will publish on the website www.vikart.ro and will distribute online a catalogue containing the art objects to be put up for sale in the auction. The objects subject to sale will be able to be verified at the headquarters of the Vikart Auction House, thus guaranteeing the interested persons the possibility to form their own, direct and effective conviction regarding each movable good.
3.2. The catalogue published for the auction must stipulate the starting price as well as the range for estimating the value of the object subject to auction.
3.3. Images and texts in the Catalog are subject to copyright laws, which may not be taken over, copied, published in part or in full except with the consent of the authors.
3.4. The objects of art presented in the auction catalogue are called lots or lots and are called in the order of their listing in the auction catalogue, by the person conducting the auction, called Commissioner of Auctions, indicating the artist's name, technique and starting price.
3.5. The descriptions and illustrations of the objects are indicative and represent the opinion of Vikart experts and specialists regarding the art objects subject to auction.
3.6. Vikart is not responsible for any defects in the goods, which were not reported by the buyer prior to the auction, as he had the opportunity to know them. Following the adjudication, Vikart will not be obliged to repair or bring into use any sold object.
3.7. The duration, schedule and location of the exhibitions of the objects to be auctioned will be made public on the website and through other means of advertising. Auction catalogues can be purchased from the Vikart headquarters, downloaded free of charge in Pdf format from the website, or sent by mail.
4. PARTICIPATION IN THE AUCTION
4.1. Personal
a. In order to participate in the auction organized by the Vikart Auction House, the interested person will fill in a registration form, see the My Account section on the website.
b. Participation in the auction can be done online by the person who downloaded the Vikart application from the AppStore or GooglePlay and has an active account, or by being in the auction room.
c. The auctioneer will call the starting price, and the person/persons interested will bid either by the virtual pallet allocated automatically by the Vikart application or by raising the pallet in the hall, after which the auction will continue and the bidder will successively shout higher prices until there is only one bid to be validated, indicating the bidder's bid palette number.
d. When several participants indicate by raising the pallet the desire to bid the price requested by the Auction Commissioner, he will choose from the participants a single pallet, specifying it, as a rule, in the order of lifting the pallets.
4.2. In the absence
a. Anyone interested can participate in the auction in absentia, either by making a written offer, or by phone through the representatives of the Vikart Auction House, or online through the Vikart bidding application available in the AppStore or GooglePlay.
b. If several participants in the absence make bids for the same lot at the same maximum price, the first bid received will have priority. The priority rule is: 1. the offer called in the auction room, 2. the offer online through the Vikart application 3. by phone 4. in writing.
5. AWARD
5.1. The goods subject to sale is considered awarded to the participant who offers the highest price when the Auctioneer shouts the word "AWARDED" and hits the table with the auction hammer.
5.2. The award constitutes a firm and irrevocable purchase commitment, under the conditions and terms of this tender regulation and of Romanian law.
5.3. Goods for which no offer was made at the time of their initial call can be resold during the auction both through the Vikart application (reintroduce batch) and by phone if you have an active account on the website.
5.4. Post-auction purchase is only possible at a value equal to or higher than the minimum estimated value in the published catalogue, to which is added the auction commission, subject to the agreement of the depositor on the sale of the lot in this way.
5.5. The auction commissioner may remove from the auction any lot of those exhibited and presented in the auction catalog, for reasons that will be considered by the parties as related to the good and diligent conduct of the auction.
6. AUCTION FEE
6.1. To the auction price, either the starting price or the step called by the Auction Commissioner will be added the total auction fee of 17% of the auction price, provided that the good is paid within 7 calendar days from the closing date of the auction and 19% if the good is paid within 14 calendar days from the end of the auction.
In the case of fine arts, according to the law, the stamp duty of fine artists of 0.5% is added separately.
6.2. If the invoiced amount is not paid within the period provided for in this Regulation, Vikart may choose between:
a) to request the buyer to pay the adjudicated lot and the total auction fee, as well as a delayed penalty of 1% per day of the amount due;
b) to terminate the contract, with the obligation of the successful bidder who refuses the payment, to pay twice the total tender fee.
6.3. If the good is not paid 14 calendar days from the date of the auction, the Auction House reserves the right to offer the good to the bidder one step before the auction price.
7. PAYMENT OF THE AWARDED OBJECT
7.1. Payment is made in lei by Romanian residents and in Euro or USD by non-residents. The awarded object can be paid in cash at the cashier of the Vikart Auction House, by bank card, or by bank transfer:
Banca Transilvania - account holder: Vikart auction house, Fiscal code 41545110, RO79 BTRL RON CRT 051 455 2001 (RON) RO29 BTRL EUR CRT 051 455 2001 (EUR) RO33 BTRL USD CRT 051 455 2001 (USD).
7.2. The buyer will receive the financial documents that are issued according to the Romanian legislation.
8. DELIVERY - RECEPTION OF THE AWARDED OBJECT
8.1. Delivery-receipt of the purchased item can be done immediately after payment of the invoiced amount.
8.2. The ownership right is considered transferred at the time of delivery-receipt of the lot awarded from the Vikart Auction House to the buyer and under the condition of full payment of the price invoiced to the buyer.
8.3. The takeover and transport of the awarded lot are also the responsibility of the buyer, who is obliged to take it from the headquarters of the Vikart Auction House within 14 calendar days from receipt of payment.
8.4. REQUEST: If the buyer expressly requests that the adjudicated good be sent on the territory of Romania or in Europe, the United States of America, Canada, he will bear all the fees related to the courier services.
8.5. If the successful bidder does not pick up the goods awarded on time, he expressly authorizes the Vikart Auction House to transport the goods not picked up by the buyer, on behalf of and at the expense of the buyer, to a warehouse of 30 days after the auction. whose expenses will be borne by the buyer.
8.5. From the moment of transferring the good to the warehouse, any kind of liability in connection with the adjudicated good is transferred to the buyer, the Vikart Auction House being exonerated in any situation.
8.6. In order to take over the good, the buyer will have to pay the transport price to the external warehouse and the share of the rent of the warehouse, agreed by the parties as equal to the equivalent of 10% of the adjudication price/month.
8.7. In the event that the buyer does not pick up the works awarded within 3 months from the date of external storage, Vikarat Auction House is entitled to resell the work to recover the costs of transport, storage and any other expenses.
9. VIKART GUARANTEES THE AWARDEE THE AUTHENTICITY OF THE ARTWORKS AWARDED IN THE AUCTION
9.1. Vikart issues the certificate of sale, according to H.G. no. 1420/2003 for the approval of the Norms regarding the trade with movable cultural goods from which emerge the obligations for the cultural operators.
9.2. The authenticity guarantee clause commits, on the part of Vikart, the obligation of guarantee, without term limit, without requiring other legal or documentary forms.
AUCTION FEE
AUCTION FEE
6.1. To the auction price, either the starting price or the step called by the Auction Commissioner will be added the total auction fee of 17% of the auction price, provided that the good is paid within 7 calendar days from the closing date of the auction and 19% if the good is paid within 14 calendar days from the end of the auction.
In the case of fine arts, according to the law, the stamp duty of fine artists of 0.5% is added separately.
6.2. If the invoiced amount is not paid within the period provided for in this Regulation, Vikart may choose between:
a) to request the buyer to pay the adjudicated lot and the total auction fee, as well as a delayed penalty of 1% per day of the amount due;
b) to terminate the contract, with the obligation of the successful bidder who refuses the payment, to pay twice the total tender fee.
6.3. If the good is not paid 14 calendar days from the date of the auction, the Auction House reserves the right to offer the good to the bidder one step before the auction price.
DELIVERY - RECEPTION OF THE AWARDED OBJE
8. DELIVERY - RECEPTION OF THE AWARDED OBJECT
8.1. Delivery-receipt of the purchased item can be done immediately after payment of the invoiced amount.
8.2. The ownership right is considered transferred at the time of delivery-receipt of the lot awarded from the Vikart Auction House to the buyer and under the condition of full payment of the price invoiced to the buyer.
8.3. The takeover and transport of the awarded lot are also the responsibility of the buyer, who is obliged to take it from the headquarters of the Vikart Auction House within 14 calendar days from receipt of payment.
8.4. REQUEST: If the buyer expressly requests that the adjudicated good be sent on the territory of Romania or in Europe, the United States of America, Canada, he will bear all the fees related to the courier services.
8.5. If the successful bidder does not pick up the goods awarded on time, he expressly authorizes the Vikart Auction House to transport the goods not picked up by the buyer, on behalf of and at the expense of the buyer, to a warehouse of 30 days after the auction. whose expenses will be borne by the buyer.
8.5. From the moment of transferring the good to the warehouse, any kind of liability in connection with the adjudicated good is transferred to the buyer, the Vikart Auction House being exonerated in any situation.
8.6. In order to take over the good, the buyer will have to pay the transport price to the external warehouse and the share of the rent of the warehouse, agreed by the parties as equal to the equivalent of 10% of the adjudication price/month.
8.7. In the event that the buyer does not pick up the works awarded within 3 months from the date of external storage, Vikarat Auction House is entitled to resell the work to recover the costs of transport, storage and any other expenses.
