Auction Decree and Rules of the 2020 Charity Auction
1 / INTRODUCTORY PROVISIONS
The charity online auction is organized by the Hospice of St. Lazarus, z.s. with registered office at Sladkovského 2472/66a, 326 00 Plzeň, ID: 66361508 (hereinafter referred to as “the auctioneer”), in order to raise funds in the form of donations to finance its main activity, i.e. the provision of palliative care. The charity auction is held within the framework of a public collection, which is carried out on the basis of the Certificate issued by the Regional Authority of the Pilsen Region dated 25 March 2020, No.: PK-VVŽÚ/2276/20. The charity auction will sell artworks that the auctioneer has received from donors. A given artwork will be sold to the participant (auctioneer) who, in addition to paying the purchase price of the artwork, makes the highest donation to the public collection during the auction of the artwork.
The online fundraising auction will be held on the auctioneer’s website www.aukce.hsl.cz (hereinafter referred to as the “website”) from 8. 12. 2020 (6:50 pm) to 18. 12. 2020 (23:59 hours).
All proceeds from this benefit auction will go towards the operation of the auctioneer’s services, with the value of the donations received being part of the public collection. The costs of the auction are covered mainly by donations from the auction sponsors.
2 / BASIC RULES
Anyone who registers on the auctioneer’s website can become an auction participant (auctioneer). Registration can be done from 23. 11. 2020 until 18. 12. 2020 (23:59 hours). Upon registration, the auctioneer will be sent an e-mail with the assigned auction number. The auctioneer is entitled to refuse registration of a participant for serious reasons, in particular if the participant is a person who has breached his contractual obligations towards the auctioneer. Participants in the auction may not be persons who do not have full legal capacity. A registered bidder has the right to participate in the auction of any item and to make their submissions. The bidder is obliged to follow this Decree and the Auctioneer’s instructions during the auction. Auction principal is not required.
3 / AUCTION ITEMS
The auction items are identified and described, including the lowest bid (starting price) in the auction catalogue in PDF format and on the auctioneer’s website (hereinafter also referred to as “item” or “items”). Items are auctioned and the auctioneer buys the item as it stands and lies. The Auctioneer is not liable to the Auctioneer for any defects in the lot. The auctioned item will be sold to the auctioneer who offers the highest monetary donation to the public collection (above the lowest bid) in the auction of the item.
4 / AUCTION CATALOGUE
The data in the auction catalogue, resp. on the auctioneer’s website are not in the nature of expert opinions. Damage to items due to normal wear and tear over time is not indicated in the auction catalogue. The auction catalogue may be expanded by an addendum if additional items are acquired after the closing date that may enrich the auction offer. These items will be added to the auctioneer’s website.
5 / AUCTION PROCESS
Bids can be placed on the auctioneer’s website via a web form located next to each item in the online auction and the online bidder must be identified by his/her email and assigned auction number.
Bidding in the online auction can be done in the following way: the bid amount is not set, but the minimum amount is governed by the spot price/bid, respectively. according to the last valid submission, as follows:
Immediate auction price – bidding tariff:
up to 1 999 CZK: 100 CZK
2 000 – 4 999 CZK: 200 CZK
5 000 – 9 999 CZK: 500 CZK
10 000 – 19 999 CZK: 1 000 CZK
20 000 – 49 999 CZK: 2 000 CZK
50 000 CZK and more: 5 000 CZK
If the bid has not yet been placed on the lot and the lot has a starting price, the auctioneer’s bid may also be the starting price.
The bid/instant auction price will be immediately published on the auctioneer’s website. In the case of multiple throws, the time of the throw is decisive. The online auction participant will not be informed about the overbid.
6 / HIGHEST SUBMISSION
The highest bid consists of the purchase price of the object equal to the lowest bid and a cash donation (equal to the difference between the highest bid and the lowest bid). The maximum submission cannot be subsequently reduced. No commission is charged on the highest submission.
7 / METHOD OF PAYMENT
Successful bidders will be contacted by the auctioneer within the next three working days. A participant in an online auction becomes the auctioneer of an item only when, after the online auction has ended, the auctioneer confirms that he/she has become the auctioneer of the item; this results in the conclusion of a contract for the purchase of the lot at the purchase price of the lowest bid and a donation contract for a sum of money equal to the difference between the highest bid and the starting price at the end of the online auction, provided that at least the minimum bid for the lot has been made; the lot is always sold to the highest bid confirmed by the auctioneer.
The auctioneer is obliged to pay the purchase price of the item and the related monetary donation by bank transfer or in cash at the auctioneer’s premises at Sladkovského 2472/66a, 326 00 Plzeň, but no later than within 7 working days from the day when the auctioneer confirms by e-mail that he has become the auctioneer of the item.
If the Auctioneer purchases more than one lot at the Auction, the Auctioneer shall be entitled to use the payment received at its discretion to pay the purchase price of any lot purchased by the Auctioneer and any related donation and/or to pay any claim it may have against the Auctioneer. If the purchase price of the object and the related donation are not paid in full by the due date, the Auctioneer shall be entitled, at its option, to enforce the payment of the purchase price and the payment of the donation and/or to withdraw from the purchase contract and the donation contract. In such a case, the auctioneer is obliged to reimburse the auctioneer for the damage incurred.
8 / ACQUISITION OF OWNERSHIP AND HANDOVER OF THE AUCTION OBJECT
The ownership right to the object shall pass to the auctioneer at the moment of full payment of the agreed purchase price and the related gift; at this moment the risk of damage, destruction and loss of the object shall also pass to the auctioneer. The auctioned items from the online auction will be handed over to the auctioneer after payment of the full purchase price and the related donation by prior arrangement at the auctioneer’s premises at Sladkovského 2472/66a, 326 00 Plzeň. The bidder is obliged to prove his/her identity by means of an ID card or passport when accepting the auctioned work. If the bidder is a legal entity, it is obliged to provide a current extract from the public register.
9 / IN CONCLUSION
Participants acknowledge that the auctioneer may cancel the online auction completely or remove any lot from the online auction or terminate the auction of any lot during the online auction. Participants further acknowledge that the Auctioneer may be in default of its obligations due to force majeure. Possible government restrictions related to the coronavirus pandemic and possible quarantine measures will also be considered force majeure.
In the cases referred to in the preceding paragraph, the participants in the auction may not make any claims against the auctioneer, in particular compensation for damages. In the event that such a circumstance occurs, the Auctioneer shall notify the affected bidder directly on the website or, at its option, without undue delay.
In Pilsen on 5. 11. 2020