THE NAUTILUS GALLERY AND AUCTION HOUSE
1. Our auctions are held to sell works of fine art and objects of artistic and historical interest consigned with or owned by Galeria i Dom Aukcyjny NAUTILUS sp. z o.o. spółka komandytowa.
2. Catalogue listings do not present the full state of preservation of the items. We recommend that potential buyers use auction previews to view the objects, and consult professional art conservators.
3. Prior to bidding, the potential buyer should check if additional consents are required for the objects the buyer intends to take outside Poland. The current legal regulations can be found on the website of the Ministry of Culture and National Heritage [Ministerstwo Kultury i Dziedzictwa Narodowego] and the Association of Polish Art and Antique Dealers [Stowarzyszenie Antykwariuszy i Marszandów Polskich]. It is the buyer’s obligation to comply with the regulations; failure to obtain the required documents or a delay in obtaining the same will not be accepted as a legitimate excuse for backing off from a deal or not paying the full price of an object within the timeframe. On client’s explicit request we can assist in contacting an expert handling the formalities of art export, subject to additional charge.
4. Subject to sections 31 and 38 below, the auction organiser will not be held liable for any latent physical defects or any legal defects of the lots; the foregoing does not exclude potential claims to be sought against the seller.
THE BIDDING PROCESS
5. Bidders may take part in an auction personally or by sending an absentee bid form in writing or electronically from our website. The form should state the lot number, the name of the maker, the first words of the title, and the bidding limit. It is necessary to give a precise identification of the ordering individual or institution, and to sign the form in hand.
6. Absentee bid forms must be lodged no later than 24 hours before the auction begins or the absentee bidder will not be allowed to participate. The organisers will not be held liable for failure to carry our orders received later.
7. Filing by the client of an absentee bid form for a lot means the client accepts that the lot will be considered purchased at the opening price if there are no other bidders.
8. In connection with the services it renders, the Nautilus Gallery and Auction House may require its clients to furnish their personal data or, if necessary, it may obtain such information from third parties in order to verify solvency or identity, to prevent fraud or for similar purposes. The Nautilus Gallery and Auction House is also authorised to use the personal details furnished by the client for marketing purposes to provide information about the products, services or events it offers.
9. Pursuant to the current laws, the NAUTILUS Gallery and Auction House is required to collect the personal data of individuals who make deals for a value exceeding the equivalent of EUR 15,000.
10. If the client wishes to bid via phone, prior contact with the Auction House is requested. Telephone bidding is only possible for objects with the opening price equal or higher than PLN 1,000. An expression of intention to bid by phone will be presumed to mean that the client accepts the opening price.
11. The individuals or institutions filing absentee bid forms will be represented at auction by a person authorised by the NAUTILUS Gallery and Auction House. The values of bidding limits and the names of the absentee bidders will be kept secret.
12. Absentee bid forms should be sent to the following addresses: if by post, to NAUTILUS Galeria i Dom Aukcyjny, ul. św. Jana 12, 31-018 Kraków; if by e-mail, to email@example.com or firstname.lastname@example.org; or faxed to +48 12432 94 40. Bid forms for selected lots may also be filed from the website www.nautilus-art.pl, tab "Current Auctions".
13. The auctioneer sets the bid increment and may, at his discretion, severe or combine the objects put up for sale, change the order of lots, or withdraw lots from the auction for any reason. The auctioneer may, on behalf of the seller, put objects not included in the catalogue up for auction.
14. If justified objections are raised relating to the final bid received directly after the auction is closed, the auctioneer may, at his discretion, hold the bidding process again or continue the auction.
15. In the case of equal bids made via absentee bid forms, the bid first received wins. If an absentee bid turns out to be the highest during bidding, the lot is sold for the hammer price, which may be lower than the absentee bid. If at least two mail bids are received for the same lot, the auctioneer may start the bidding process from the maximum bid specified in the absentee bid form filed as last but one, increased by one increment (bidding for the winning absentee bid).
16. The organisers reserve the right to exclude bidders who have a history of failing to carry out the obligations they contracted.
SELLING PRICES AND FEES
17. The prices given in the catalogue are stated in Polish zlotys and are opening (starting) prices. All deals are made in Polish zlotys.
18. The lot is bought by the bidder who offers the highest bid.
19. The Jagiellonian Library, the National Library and the registered museums have priority in buying auctioned objects at the hammer prices. Notices of exercise of such priority right should be filed immediately following the bidding of an object yet in no case later than the end of the auction. If a notice of exercise of the priority right is received from more than one registered museum or library, the item will be sold to the that which filed its notice first.
20. The purchase price is the hammer price increased by a 15% buyer’s premium charged by the NAUTILUS Gallery and Auction House.
21. The buyer’s premium is charged also on items purchased at post-auction sales if the item does not get sold at auction.
22. The hammer price plus the buyer’s premium include VAT. On client’s explicit request a tax invoice (margin scheme) will be raised yet no later than seven days from the date of payment. Buyer’s details must be provided for invoices to be raised.
23. „*Podlega Droit de suite” (Subject to Droit de Suite) marks objects that are subject to artist resale right, i.e. the artist or his successor are entitled to receive a resale royalty each time their original art work is professionally sold by an art market professional. The royalty is assessed if the hammer price exceeds the equivalent of EUR 100. In Poland, Droit de Suite is regulated by Art. 19-195 of the Act of 4 Feb. 1994 on copyright and neighbouring rights (as amended) in compliance with the European Union’s regulation, Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art.
24. Title to an object purchased transfers onto the buyer at receipt by the NAUTILUS Gallery and Auction House of the full selling price, including the buyer’s premium. NAUTILUS is not required to deliver the object to the buyer until title is transferred. Early delivery to the buyer does not result in title transfer or release the buyer from the obligation to pay the entire price and buyer’s premium.
25. The seller does not transfer copyright or the right to reproduce along with the object.
26. Copyright in all photographs, illustrations and texts attached to the object and made by or for the NAUTILUS Gallery and Auction House remain the property of the NAUTILUS Gallery and Auction House. They cannot be used without prior consent from the NAUTILUS Gallery and Auction House.
27. The items purchased may be sent by post: *to institutions – on credit; *to individuals – by direct debit (on adding a packing fee and delivery charges as per the fee plan of the postal service or courier service).
28. If the buyer collects the items personally, the buyer will be responsible for paying the price within seven days of the date of auction. After that period, statutory interest will accrue.
29. If a sold object is not collected within thirty days of the date of auction, the buyer will be required to pay a 0.5% of the hammer price for each day of delay from the seventh day following the auction onwards.
30. After seven days, the risk of loss, damage or destruction of a sold but uncollected item transfers on the buyer. Thirty-one days from the date of auction, the NAUTILUS Gallery and Auction House may withdraw from the contract made with the buyer.
LIMITATION OF LIABILITY
31. The buyer may withdraw from the sale contract within fourteen days from the date of auction if the catalogue listing of the object differs significantly and indisputably from the actual condition. In case of dispute, the buyer’s claims will be granted on condition that a reliable expert opinion is submitted within that period.
32. The NAUTILUS Gallery and Auction House shall not be liable for errors in oral or written information given to the client, and will not be held liable to any bidder for any errors made during the bidding process or other errors relating to the sale of the object.
33. The NAUTILUS Gallery and Auction House will not be held liable to the buyer for any damage exceeding the selling price, whether direct, indirect, accidental or consequential.
34. The NAUTILUS Gallery and Auction House will in no case be required to pay interest on the buying price.
35. To the extent permitted by law, the NAUTILUS Gallery and Auction House expressly excludes any warranty other than the certificate of authenticity. The total liability of NAUTILUS Gallery and Auction House will be limited to the value of the purchase price paid by the buyer.
36. The authenticity of an art work shall be understood to mean appropriate attribution and proper dating of the art work. The NAUTILUS Gallery and Auction House warrants the authenticity of the objects it offers for a period of five years from the date of sale except as described below.
37. The NAUTILUS Gallery and Auction House warrants authenticity only to buyers who purchase the objects directly from it (clients). The foregoing does not apply to:
Any subsequent owner of the object, including one who acquired the object directly from the direct buyer for a fee or as a gift or inheritance;
b) Objects for which dispute over their attribution is pending;
c) Objects, the attribution of which is only presumable;
d) Objects created in a more or less broadly defined environment influenced by an artist’s style, which is marked in the catalogue and on the certificate with the word “circle”, “school” or “follower” before of after the name of the artist;
e) Objects the attribution of which is based on a generally acceptable opinion of specialists, scholars and other experts;
f) Objects for which the date of making as stated in the catalogue differs from the actual one by less than fifteen years;
g) Objects which were dated correctly in terms of century but incorrectly in terms of part of that century (half or quarter);
h) 20th-centry, 19th-century or older objects the actual dating of which differs from that stated in the catalogue in favour of the objects, i.e. the objects turn out older that stated in the listing;
i) Objects the description and dating of which were found imprecise upon application of scientific methods or tests that were not generally acceptable at the time of sale, or were then considered too expensive or impracticable, or, in all likelihood, could cause damage or loss of value.
38. None of the foregoing provisions excludes or limits the liability of the NAUTILUS Gallery and Auction House to the buyer for conscious deceit or wilful misconduct.