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Auction Terms and Conditions
I GENERAL TERMS AND CONITIONS OF THE AUCTION
1. Debiut Ambasador Marki Mlodych Artystow ltd., hereafter 5. Auctioneer can withdraw any lot from the auction
referred to as: damma, is the organizer of the auction. without providing a reason.
2. The objects of the auction, artwork or other collectibles, are 6. The successful Buyer is the person who´s last bid
either the property of damma or are held on consignment. was accepted by the auctioneer´s hammer strike (pt.
3. The auction is open. VI.2 and XI.3), subject to the conditions of this document.
7. The auctioneer´s hammer strike is the finalization
of a lot´s auction and is the equivalent of the conclusion
II SIGNATURES, DATES, TITLES, SUBTITLES of the Agreement of Sale on terms of this document.
The cataloguing of all of the lots is based on ,identified by damma, 8. All disagreements ocucrring durring the auction are resolved by
signatures left presumably by the artists themselves. the auctioneer .
III CERTIFICATES
1. Each lot has a certificate of authenticity issued by damma. IX CATALOG / SUBSCRIPTION
2. Some of the lots might have a certificate issued by The catalog is available as a pdf file and a digital book on
any other third natural or legal person. damma´s website. A subscription for a printed catalog
can be made via telephone or e-mail.
IV PRICE
1. Each lot has a starting price listed in the auction catalog. X CONDITIONS OF PARTICIPATING IN THE AUCTION
2. To the hammer price of each lot the following fees are added 1. Anyone who has a legal capacity, an auction bidding num-
a. the organizational fee of 23%, ber, and has previously registered online, can enter the auction.
b. „droit de suite” of 5%, based on the Act of Copyright, 2. damma does not take a bid bond.
c. the fees listed above, in point 2a and 2b also apply to 3. Anyone who can’t attend the auction in person can:
post-auction sales of lots not sold at the particular auction. a. submit a written bid with a price limit. damma´s representative
will bid on his behalf. If two or more written bids are received on a lot
for identical amounts, and at the auction these are the highest bids
V ESTIMATE on the lot, the lot is sold to the bidder whose bid was received first,
For each lot damma sets a starting price corresponding to b. bid online on lot-tissimo.com,
a part of the estimate price. c. bid via telephone. damma´s representative will call you a few minutes
before the starting of a chosen lot´s auction. damma does not take
VI PAYMENT, TRANSFERRING OF THE OWNERSHIP responsibility for any difficulties reaching the indicated phone number.
1. The Buyer is obliged to pay for the auction lot no later
than by the 3rd working day following the date of the auction. 4. damma only takes orders placed at least 24 hours prior to
2. The ownership of the lot transfers to the Buyer when the full the auction.
payment of the purchase price with fees has been received on 5. The Buyer´s personal data is protected and is for damma´s
damma’s account: PL 84 1090 2590 0000 0001 3714 0383. exclusive information.
3. damma has the right to waive from the Agreement of Sale
of the Buyer fails to pay the full purchase price with fees within 14 XI LOTS
days following the date of the auction. The waive shall be in writing. 1. damma guarantees the authenticity of lots listed in the catalog.
In case of any non-compliances, between the description and the atual
VII COLLECTION OF THE LOT state, the Buyer can return the lot within 14 days following the date of
1. The collection of the lot can only take place after the ownership the auction, with money refund. In case of distance contracts that took
has been transferred to the Buyer. place without simultaneous physical presence of the parties, the law of
consumers right apply ( Journal of Law 2020 pos. 287 with subsequent
2. The Buyer is obliged to collect the lot promptly within 14 days changes)
following the date of the auction, subject to the condition 2. damma does not take any responsibilities for any hidden
set out in the 1st paragraph, from damma headquarters physical defects nor any legal defects of the lot.
by prior contacting damma for a specific date. 3. Any registered museum has the right of pre-emption of a lot.
The pre-emption statement must be placed by the museum right
3. damma will charge the Buyer the default interest and the after the lot´s auction and no later than by the end of the entire
storage fee starting the 15th day following the date of the auction (pt. VIII.7) auction. (art. 20 act 2 from Act on Museums – Journal of Law 2019,
pos.917 with subsequent changes)
4. The storage fee consist of two variables (a+b). 4. The colors showed in the catalog may differ from the
(a) actual colors of the objects.
- 1euro for each day of default for storage of an item 5. All lots are displayed for the Buyers on a pre-auction
sizing up to 50 x 50 x 5 cm exhibition. The date will be specified in the catalog.
- 2euro for each day of default for storage of an item
sizing up to 100 x 100 x 10 cm XII SHIPPING
- 3euro for each day of default for storage of an item Any kind of Buyer´s consent to shipping is equal to authorization
bigger than the sizes listed above of damma to order from a third party, in the name of the Buyer,
(b) shipment of the lot to an address, in Europe, indicated by the Buyer.
- 1euro for each day of default of an item valued up to 500euro In case of a situation described in the 1st sentence the shipping is on
- 2euro for each day of default of an item Buyer´s cost and at his risk. The Buyer must pre-pay for the shipment.
valued between 501-1000euro damma orders shipping of the lot on terms and conditions of a
- 3euro for each day of default for storage of an item polish delivery company or any other entity providing shipping services,
worth more than the values listed above applicable at the time and is not liable in this respect. The shipment of
5. At the moment of the transfer of the ownership the risk of loss, the lot takes place after the ownership is transferred to the Buyer,
destruction or damage is also transferred to the Buyer . no later than 5 days after the full payment is received. All information
about the shipping cost and pre-payment is sent to the
VIII BIDDING SYSTEM Buyer via email by damma.
1. The auction is conducted by an entitled person, called the auctioneer,
authorized by damma. Before proceeding with an auction the
auctioneer can correct and complete each lot´s description In case of any dispute the polish translation of Terms and Conditions is
presented in the catalog. the conclusive document.
2. The auctioneer sets the bid increments
3. The bid starts from the asking price and increases
in steps according to the table of bid increments.
4. The table of bid increments:
Price: € Increment: €
0 – 100 10
100 – 200 20
200 – 500 30
500 – 1 000 50
1 000 – 10 000 100