People interested in online bidding can do it on the Auction House website by providing their name and surname, email address, telephone number, correspondence address and credit card details (needed for identity verification and payment processing). Additionally, a photocopy of an identity document enabling the verification of personal data should be sent by e-mail or delivered in person to the Auction House at least 24 hours before the start of the Auction.

After registering for an Online Auction, the Bidder may also place a limit bid without completing the written “bid order” form.

The condition for participation in the Auction is that the Bidder accepts the content of these Regulations in its entirety and without any reservations.

All Bidders must register before the Auction, provide the required information provided in the registration form (Bidder’s name and surname, email address, telephone number, correspondence address, ID number), present a document confirming identity (ID card or passport) and collect a plate with bidding number.

In the case of participation in the Auction of a legal person, it is required to provide a current excerpt from the relevant Register, indicate the person from among the persons authorized to represent a legal person participating in the Auction, and in the case of participation in the auction of a legal person’s representative, show the relevant power of attorney signed in accordance with the manner of representation indicated in the submitted Register. In the event of reasonable doubts as to the identity of the Bidder or the possibility of concluding a valid sales contract, the Auction House has the right to make its registration conditional on the results of checking his solvency, confirming his identity, presenting additional documents, obtaining data about the Bidder from third parties or determining the amount of the deposit which should be paid by the Bidder to secure the terms of using the sum of the bid security. The personal data of the Bidder is confidential information and remains for the sole information of the Auction House.

The Auction House may refuse to allow certain persons to participate in the Auction if there is justified doubt as to their identity, the possibility of concluding a valid sales contract, suspicion of the possibility of committing a prohibited act or if the given person’s behavior may interfere with the proper course of the Auction.

For the convenience of Bidders who cannot participate in the Auction in person, the Auction House carries out a written order of bidding with a limit and orders for a telephone bid.

In such a case, the absent Bidders should fill in the “bidding order” form, which can be found in the Catalog, on the website of the Auction House or obtained in the galleries of the Auction House.

A bidder wishing to place a limit bidding order indicates the items to be auctioned on his behalf, along with the maximum bid amount. The amounts indicated by the Bidder in the bidding order do not include the auction fee and additional fees, they should be expressed in Polish zlotys and comply with the increment table. The Auctioneer does not accept the bidding order in which the maximum amount up to which the Auction House can execute the order is not indicated. The Auction House will make every effort to ensure that the Bidder purchases the selected Object at the highest possible price, but not lower than the Guarantee Price. If the limit given by the Bidder is lower than the Guarantee Price and is at the same time the highest bid, then a conditional transaction takes place. In the case of two or more orders with the same limit, the order of submissions is decisive. If the Bidder decides to order a telephone auction, he shall indicate the items from the Auction Catalog that are to be auctioned with him by phone, along with the telephone number or numbers, to contact the representatives of the Auction House during the Auction. Ordering a bid with a limit or a telephone auction does not release the Participant from the obligation to register. All bidding orders with a limit and telephone bidding together with a photocopy of an identity document enabling the verification of personal data should be sent (by post, fax or e-mail) or delivered in person to the gallery of the Auction House at least 24 hours before the start of the Auction. Orders delivered later may not be processed.

The telephone bidding may be recorded, and placing an order is tantamount to consenting to the recording of the telephone conversation. In the event of difficulties with a telephone connection, the Bidder may set a limit on the order to which an employee of the Auction House will bid, despite the lack of connection. If no limit is specified in the order, an employee of the Auction House recognizes that the client is offering at least the starting price.

The bidding service based on the bidding order is not subject to an additional fee. The Auction House undertakes to exercise due diligence in the execution of orders, but is not responsible for the failure to complete such an offer, unless the fault for the failure to perform the order lies solely with the Auction House.

The auction fee and additional fees resulting from the catalog designations of the Object are added to the auctioned amount.

The auction fee is part of the final price of the Lot and amounts to 18% of the auctioned amount.

The additional fees include mainly the fee for the so-called droit de suite, ie the rights of the creator and his heirs to receive remuneration for professionally resale of original copies of works.

The fee will be calculated when the bid amount exceeds the equivalent of 100 euro. Above this amount, the fee will be the sum of the rates: 5% of the bid price, if this part is within the range of up to the equivalent of EUR 50,000, and 3% of the auctioned price, if this part is within the range of the equivalent of EUR 50,000.01 to the equivalent of 200 EUR 000 and 1% of the part of the auctioned price, if this part is in the range from the equivalent of EUR 200,000.01 to the equivalent of EUR 350,000, and 0.5% of the part of the auctioned price, if this part is in the range of the equivalent of EUR 350,000, 01 euro up to the equivalent of EUR 500,000 and 0.25% of the part of the auction price, if this part is in the range exceeding the equivalent of EUR 500,000, but in an amount not higher than the equivalent of EUR 12,500. This fee is determined using the average euro exchange rate announced by the National Bank of Poland on the day preceding the Auction day or – in the case of holding the auction on a day after the day on which the average NBP currencies are not published – using the last average euro exchange rate published by the NBP before the auction day.

All payments are accepted in Polish zlotys.

At the special request of the Bidder and upon prior agreement, including the exchange rate, the Auction House may agree to make payments in euros or US dollars.

The value of the transaction paid in a currency other than Polish zloty will be increased by a handling fee of 1% of the purchase price.

We invite you to collect the works at the Gallery of the Auction House – ZbylutGaleria in Warsaw (01-042), ul. Okopowa 52/78.

The collection of the auctioned Objects is possible after the full purchase price has been paid and other payments have been made to the Auction House. After the Buyer fulfills all financial obligations towards the Auction House, the Buyer should contact the gallery of the Auction House organizing the Auction in order to determine the place and date of the Object collection.

Before handing over the Object to the Buyer or his representative, the Auction House will require proof of identity. In the case of collection by an attorney, the attorney should identify himself with an appropriate power of attorney issued by the Buyer.

The Buyer should collect the purchased Object within 30 days from the Auction date. After this date, the Auction House may send the auctioned Objects to the external warehouse, and the Buyer will be charged with the costs of transport and storage. The amount of fees will depend on the warehouse operator and the type and size of the Objects. Accepting these Regulations is tantamount to accepting the regulations or general conditions for the provision of services by the entity responsible for transport and storage.

After 30 days from the date of the Auction, the Buyer bears the risk of losing and damaging the unclaimed Object, as well as the burdens related to the Object, including insurance costs. The Auction House is liable to the Buyer for damages due to loss or damage to the Object only up to the amount of the Purchase Price of the Object.

ANNEX TO THE REGULATIONS of

Auction, the subject of which are works of art organized by Bogusław Żurek IT & MORE – Auction House (marketing name of the Auction House gallery – ZbylutGaleria).

Personal data processing

1. Auction House Organizer of the Auction – ZbylutGaleria, processing personal data in connection with the organization of the Auction, is the administrator of the personal data of the Participants and persons acting on behalf of the Participants, therefore hereby informs:
2. The administrator of personal data is Bogusław Żurek IT & MORE – Auction House (marketing name of the Auction House gallery – ZbylutGaleria) with its registered office in Warsaw at ul. Okopowa 52/78 01-042 Warsaw. In the case of a natural or legal person participating in the Auction, the Organizer processes the personal data of the Participants, proxies representing the Participant in the Auction and personal data of persons granting the power of attorney authorized to act on behalf of the Participant. The following data are processed: name, surname, residential address, contact telephone number, e-mail address; In the case of participation in the on-line auction, the interested Participant is obliged to provide personal data to the entity performing the on-line Auction service, indicated in the Auction Regulations, to the extent indicated on the login page.
3. The Participants’ personal data will be processed only for the purpose of preparing, conducting and settling the Auction, unless the Participant agrees to the processing of data for other purposes.
4. The processing of personal data is based on the consent of the Participant (Article 6 (1) (a) of the GDPR). The participant has the right to withdraw consent at any time; which will not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal;
5. Providing personal data by the Participant is a condition for participation in the Auction and for the conclusion of the sales contract;
6. The Participant has the right to request from the Organizer access to personal data relating to himself, rectification, deletion or limitation of processing; and has the right to object to the processing, as well as the right to transfer data – on the terms set out in the applicable provisions on the protection of personal data, in particular the GDPR;
7. The participant has the right to lodge a complaint with the supervisory body, in the manner and on the basis of the provisions on the protection of personal data, in particular the GDPR;
8. Participants’ personal data will not be transferred to any recipients, with the exception of courier companies and recipients being state authorities authorized under the relevant provisions to request the Organizer to provide personal data of Participants.
9. The Organizer – the Auction House reserves the right to inspect the Participants’ identity documents in order to verify the correctness of the data provided and to verify the identity of the person collecting the auctioned item.
10. The provisions of the preceding paragraph shall apply accordingly to the person authorized to represent the Participant who is not a natural person.
11. The Organizer will process the Participants’ personal data only to the extent necessary, in a manner consistent with the applicable provisions on the protection of personal data, including the GDPR. Participants’ personal data will be processed only by persons authorized by the Organizer, in a manner that ensures their integrity and security.
12. In matters relating to the processing of personal data, you can contact the telephone number +48 601 665 034 or by e-mail at b.zurek@zbylutgaleria.pl.