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Términos y condiciones

TERMS AND CONDITIONS FOR ONE.BID AUCTION PLATFORM

Section 1. INTRODUCTION

The Terms and Conditions have been issued pursuant to Article 8 (1) (1) of the Act of July 18, 2002, on Provision of Electronic Services; they are free of charge and can be downloaded, saved, and printed.
These Terms and Conditions set out the general rules and technical requirements for using the Platform, as well as the terms of entering into and terminating the Agreement, intellectual property rights, and the complaint procedure.
In addition to these Terms and Conditions, additional regulations may apply, particularly regarding supplementary Services.
In matters not covered by these Terms and Conditions, the following provisions shall apply:
1. the Act on Provision of Electronic Services of July 18, 2002;
2. the Consumer Rights Act of May 30, 2014;
3. the provisions of the Civil Code of 23 April 1964 (Journal of Laws no. 16, item 93 as amended)
4. and other relevant provisions of the Polish law.
From the moment the first action related to the Platform is taken, it must be used in compliance with these Terms and Conditions, applicable law, and standard practices of Internet use.

Section 2. DEFINITIONS

The following terms, written with capital letters, have been given the following meanings:

Operator - a limited liablity company managing the ONE.BID Platform, with its registered seat in Warsaw at: ul. Franciszka Klimczaka, no. 17, unit 107, 02-797 WARSZAWA, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000914354, REGON: 389607284, NIP: 9512523763, share capital PLN 5,000; email address: support@one.bid;
User - a natural person, legal entity, or organizational unit without legal personality who reviews the content presented on the Platform or uses the services offered within the Platform under the terms specified in the Terms and Conditions and the applicable legal provisions;
Application - a computer program (mobile application) installed on the User’s mobile device (smartphone), available on Android, iOS, and Huawei operating systems, forming part of the Platform; any reference to the Platform in the Terms and Conditions also includes the Application;
Auction - a public sale of the Lot organized by the Auction House, conducted in the form of an Auction, where the buyer is the person who offers the highest price;
Purchase Price - the final amount the buyer is obligated to pay for the Lot. It consists of the hammer price, the auction fee, and any additional charges specified by the Auction House;
Starting Price - the amount at which the Auction begins;
Personal Data - all information identifying a natural person, as well as the device’s IP address, location data, and online identifier, including information collected through cookies and other similar technologies, gathered by the Operator and processed by them in accordance with the rules set out in the Platform’s T&C and Privacy Policy;
Auction House - a business entity cooperating with the Operator, typically engaged in trading antiques, works of art, or other collectible items, offering Lots for sale through the Platform;
Consumer - a natural person who enters into a legal transaction with the Operator not directly related to their business or professional activity. The provisions of the Terms and Conditions concerning the Consumer also apply to a natural person entering into an Agreement directly related to their business activity when the content of this Agreement indicates that it does not have a professional character for this person, based on the subject of their business activity, made available under the provisions of the Central Register and Information on Economic Activity;
Account - a collection of resources and information gathered within the Platform, assigned to a specific authorized user, identified by a unique name (username) and secured with a password. The authorization process (login) to access the Account’s resources requires entering the username and password;
Auction House Account - a designated section of the Platform containing an organized collection of resources and permissions assigned to a specific Auction House, where data and information about its activities within the Platform are stored;
User’s Account - a designated section of the Platform containing an organized collection of resources and permissions assigned to a specific User, where data and information about their activites within the Platform are stored;
Spending Credit - the maximum total value of winning bids a User can achieve in a single Auction;
Bidding - a procedure aimed at concluding a Sales Agreement, initiated by the Auction House, in which the User declares the price they are willing to pay for the Lot. Bidding typically progresses ‘upward’ through Incremental Bids. The User may place additional Bids only if the current Bid, along with the total value of previously won Lots and winning Automatic Bids, is less than or equal to the Spending Credit.
Automatic Bid - a process of automatic Bidding executed by the Platform on behalf of the User, consisting of placing successive Bids up to the maximum amount specified by the User for a given Lot;
Limit - an order for Automatic Bidding on a given Lot, placed by the User and executed on their behalf by the Operator, up to the specified amount;
Newsletter - a distribution service provided by the Operator via email, allowing interested parties to receive regular information about services, products, news, promotions, competitions, events, etc.;
Lot - an item offered for sale by the Auction House through the Platform or listed in an Auction;
Offer- a proposal to enter into a Lot Sales Agreement, along with its description, under the terms specified by the Auction House;
Automatic Offer - an order placed by the User for Automatic Bidding on a given Lot prior to the Auction or during a live auction, up to the amount specified by the User;
Payment System Operator - the entity specified in the Platform responsible for processing electronic payment transactions;
Auction Platform - an integral part of the Platform, based on an IT system and requiring an Account, designed for organizing and supporting Auctions. It enables synchronous or asynchronous interaction between the Auction House and the User during Bidding;
Bid Increase - a User’s offer placed during a live Auction for a specified amount, representing the next allowable increment of the current price of the auctioned Lot.
Incremental Bid - the amount by which the price of a Lot increases during Bidding;
Terms and Conditions - these Terms and Conditions;
Auction Rules - the Auction House’s regulations defining the terms and conditions for conducting and participating in an Auction, as well as the terms for concluding Sales Agreements and delivering purchased Lots;
Registration - the process of creating an Account through the registration form available in the Platform, involving the submission and subsequent storage of the required data by the Platform, and granting the User access to specific resources. The Registration process includes selecting a unique identifier (username) and password, as well as providing identification and contact details;
Platform - an organized IT solution available at one.bid and possibly other web addresses, consisting of a set of interconnected software programs, databases, and accompanying elements (e.g., graphics), integrated into a single teleinformatics system. It enables its Users equipped with appropriate end devices to browse its content, register and manage their Accounts, use the Auction Platform, and conclude Transactions;
Transaction - a Lot Sales Agreement concluded between the User and the Auction House through the Platform under the terms specified by the Auction House;
Agreement for the Provision of Services by Electronic Means - an agreement under which the Operator commits to providing:
1. for the Auction House services, which include, in particular, providing access to the Platform, enabling the creation of the Auction House Account, publishing Offers, and facilitating Transactions, as well as providing IT and technical tools for organizing Auctions;
2. for the User services, which include, in particular, providing access to the Platform, enabling the creation of the User Account, displaying Offers from Auction Houses, enabling participation in Auctions organized by Auction Houses through the Platform, and facilitating Transactions;
Sales Agreement - a Sales Agreement for a Lot concluded between the Auction House and the User;
Electronic Services - all services provided by the Operator by electronic means within the Platform;
Auction House Profile - a part of the Auction House Account available in the Platform, containing a collection of information about the Auction House, the Lots offered for sale, and the Auctions organized;
Order - a declaration of intent by the User, constituting an offer made to the Auction House to conclude a Sales Agreement under the terms specified by the Auction House.

SECTION 3. GENERAL PROVISIONS

The Platform is made available by the Operator via the Internet as a resource of the telecommunication and IT systems.
Using the Platform means any activity that involves accessing the content presented within it. Reading and accepting the Terms and Conditions without modifications or reservations is a prerequisite for using the electronic services available through the Platform.
Through the Platform, the Operator enables, in particular:
1. accessing the content presented within the Platform;
2. registration of an Account and the use of its functionalities;
3. posting Offers;
4. placing Orders;
5. subscription to the Newsletter.
Access to the full functionality of the Platform requires Account Registration.
The User is obliged to use the Platform in compliance with the Terms and Conditions, applicable law, general principles of Internet use, and in a manner that does not infringe upon the rights of the Operator or third parties, from the moment they undertake their first action related to using the Platform.
Users of the Platform are prohibited to provide unlawful content and to use the Platform in a manner contrary to the law, good manners, or in a way that infringes on the personal rights of third parties or the legitimate interests of the Operator. Actions that may hinder or destabilize the operation of the Platform or expose the Operator to loss of reputation, good name, or any damage are unacceptable, particularly those involving:
1. sharing content that is illegal, harmful, dangerous, obscene, violent, offensive, defamatory, vulgar, violating another person’s privacy, hateful, or otherwise objectionable;
2. impersonating any person or entity, or falsely stating or misrepresenting in any way one’s associations with a person or entity;
3. attempting to disable, weaken, or destroy the Platform;
4. sending, storing or sharing content or code containing viruses, malware or any other components intended to damage or limit the functionality of the Platform;
5. using bots and other IT or programming tools (such as tools for exploration, data collection or extraction), including tools that generate or may generate increased traffic on the Platform, particularly those that multiply the number of visits to the Platform’s websites, causing overload on the IT systems;
6. disrupting or preventing another User from using the services offered within the Platform;
7. advertising any products or services in the Platform without the Operator’s written consent;
8. using data scraping bots to collect information about Auctions.
Undertaking actions that violate applicable law and the provisions of the Terms and Conditions may result in liability and the obligation to repair the damage in accordance with general principles.
The Operator is authorized to remove content posted on the Platform in violation of the provisions of the Terms and Conditions, as well as to take any actions to rectify the resulting damage.
Any actions taken by third parties who have access to the end device (computer/tablet/mobile phone, etc.) of an authorized User while they are actively logged into the Platform are recorded as actions of that authorized User, who bears sole responsibility for the consequences of sharing the end device with others or leaving it unattend.
The Operator reserves the right to place advertising content on the Platform regarding both its own products and services as well as those of its partners, in formats commonly used on the Internet.
In addition to the Terms and Conditions, supplementary regulations may apply, particularly concerning additional services.

SECTION 4. TECHNICAL REQUIREMENTS

The technical conditions for using the Platform are essential for its proper functioning and appearance in a web browser, as well as for the security of the data presented in the Platform. Users must comply with the following conditions and guidelines, and any actions taken differently (whether intentional or unintentional) are the sole responsibility of the user.
The use of the Platform is possible provided that the following technical requirements are met:
1. having an end device (computer/tablet/mobile phone) that enables Internet access and is equipped with a functional operating system;
2. installing on the aforementioned device a version of a web browser that provides access to Internet resources, such as Edge, Google Chrome, Mozilla Firefox, Apple Safari, or another compatible browser that supports cookies and JavaScript;
3. connection to the Internet via any types of internet connections.
In order to fully use the functionalities of the Platform, it is recommended to enable cookie support. Disabling it may prevent or hinder the use of some Electronic Services or functionalities available within the Platform.
In the case of using certain services (e.g. subscribing to the Newsletter, registering an Account, placing Orders, participating in Auctions), it is necessary to have an active and properly configured email inbox, functioning on any server, through which messages and other data can be sent, received, and stored as part of a separate email service independent from the Platform.
The technical requirements necessary to use the Electronic Services through the Application are identical to the above, with the exception that the Application can only be installed on a mobile device (smartphone) equipped with the Android, iOS, or Huawei operating system.
In order to participate in an Auction and receive the data stream without issues, a stable internet connection with a minimum speed of 3 Mb/s and a device capable of receiving sound are required.
Before using the Electronic Services available on the Platform, it should be verified whether the end device meets the technical requirements specified in the Terms and Conditions. In case of any doubts regarding the technical capabilities needed to use these Services, please send an enquiry to the Operator’s email address.
The quality of the data stream of the Auction may depend on the technical parameters of the internet connection and the technical specifications of the end device used during the Auction.
The Operator will exercise due diligence to ensure the proper functioning of the Platform; however, they do not guarantee that there will be no issues with access to the content presented within the Platform or the data stream during Auction. Such cases, along with a detailed description, should be reported to the Operator’s email address or via the contact form available on the Platform’s website.
The Operator informs that technical issues or limitations on the devices used by the User/Auction House (such as firewalls, outdated browser versions, antivirus programs, etc.) may restrict or block access to the Electronic Services available through the Platform.
The Operator provides Electronic Services on the Platform 24 hours a day, 7 days a week, all year round. However, the Operator reserves the right to conduct maintenance breaks. Whenever possible, the Operator will inform about such breaks and their duration using available means, particularly by posting relevant announcements on the Platform.
The Operator is not responsible for any issues during the Auction caused by a lack of internet access on the part of the User or the Auction House.
The User/Auction House acknowledges that the time required to send a data packet and receive feedback (so-called PING) during an online transmission may depend, in particular, on the bandwidth of the internet connection used. Small delays do not cause noticeable communication issues; however, a high PING may result in disruptions. As a result, Auction Houses may receive information about Bids with a certain delay, and Bids placed by other auction participants may become visible to the User only after some time. Therefore, the video stream of the Auction cannot be the sole basis for assessing the current status of the Bidding.
The Operator may conduct tests of new services, processes, and functionalities on the Platform, as well as tests related to changes in existing services, processes, or functionalities. These tests may affect the use of the Platform, including the display of Offers in search results. Tests will be conducted only for the time and scope necessary and proportional to their purpose. The Operator conducts tests solely for the purpose of developing the Platform, adapting to market changes, complying with legal requirements, or improving the services provided.

SECTION 5. BROWSING THE PLATFORM’S CONTENT

The Operator allows interested parties to browse the content of the Platform each time they access its website.
Browsing the Platform’s content does not require creating an Account, it is discretionary and free of charge.
The Agreement for the Provision of the Electronic Services, which involves browsing the information posted on the Platform, is concluded for a specified period and terminates when the interested party closes the Platform’s website. However, the provisions of the Privacy Policy and the Cookie Policy apply accordingly.

SECTION 6. THE NEWSLETTER SERVICE

As part of the Newsletter Service, the Operator sends the requested electronic bulletin to the provided email address.
The newsletter subscription service (sent to the provided email address) is free of charge and available to all interested individuals who submit their email address via the designated form on the Platform’s website.
To use the Newsletter Service, the recipient must have an active and properly configured email account.
Each Newsletter sent by the Operator includes in particular:
1. information about the sender;
2. subject field specifying the content of the email;
3. information on how to unsubscribe from the Newsletter Service or modify its settings.
The Newsletter Service is provided for an unspecified period of time. The recipient may unsubscribe from the Service at any time and without providing a reason, in particular by clicking the deactivation link included in every email received as part of this Service, adjusting the message settings in their User Account, or sending a request to the Operator’s email address or via the form available on the Platform’s website.

SECTION 7. THE ACCOUNT

In order to successfully register the Account it is required to carefully review the Terms and Conditions and accept its provisions.
Account registration is discretionary and free of charge. Each User may have only one registered Account on the Platform. The Operator uses automated mechanisms to detect whether a User holds more than one Account.
To register an account, it is necessary to provide the required information marked as mandatory in the registration form, select a unique identifier (username) for identification on the Platform, create a password, accept the Terms and Conditions by ticking the relevant checkbox, and then click the ‘Create Account’ button or a similar option. After this step, an email will be sent to the provided address containing an Account activation link along with the current Terms and Conditions.
Registration on the Platform is not possible using a username that has already been taken by another person.
The Registration is complete as soon as the Account is activated. From this moment, it is possible to log in to the Platform and use its full functionalities.
Submitting the Registration form is equivalent to making a statement that the information provided in the form is accurate and that the person registering is authorized to use these data. This person is responsible for providing data, including Personal Data, that are accurate, truthful and not related to other individuals.
The authorized User gains access to the account on the Platform (login) after providing:
1. username (email address),
2. phone number
3. password; and in the case of choosing two-step login - a password and a code sent to an email address provided during Registration; or a text sent to a phone number provided during Registration.
After logging in, it is possible to edit and correct the information provided during Account Registration.
Logging into the Platform through automated solutions, using biometric data from a mobile device after enabling this feature (the biometric data are stored on the device and are not shared with the Operator), or through external authentication services (e.g., social media) produces the same effects as logging in directly on the Platform.
Using automated solutions, particularly login software, is entirely at the User’s own risk.
The Account holder is responsible for all activities related to the use of their username and password, and is particularly obligated to keep them strictly confidential. Sharing the username and password with others is prohibited. It is also recommended to change the password periodically (e.g., every 30 days).
It is prohibited to use other Accounts or engage in any activities, including IT-related actions, aimed at obtaining their associated usernames and passwords.
Accounts may not be used for activities that violate the Terms and Conditions. In particular, it is strictly prohibited to:
1. participate in a Bidding using more than one Account;
2. bid or enter into a Sales Agreement within one’s own Offers or those of other entities with which the buyer has relationships that raise reasonable doubts about collusion aimed at influencing the Transaction outcome in a manner contrary to the law or good practices, as well as leaving reviews for such Transactions;
3. making another Registration to avoid payment obligations to the Operator for services provided within the Platform;
4. using multiple Accounts to bypass the terms of Electronic Services provided by the Operator within the Platform.
The authorized Account holder is obliged to immediately notify the Operator of any unauthorized use of their Account.
Any electronic correspondence from the Operator to the authorised Account holder shall be sent to the email address provided in the registration form.
The Operator has the right to block or delete an Account if it is used in violation of the Terms and Conditions, particularly if its name or the content presented within it violates the law, infringes the legally protected rights of third parties, or contradicts accepted moral standards.
If the Operator has reasonable concerns regarding the security of an Account or Transaction, particularly in cases of unauthorized account takeover by another person or a violation of the Terms and Conditions by the Account holder, the Operator may:
1. require the Account holder to verify their credibility, including identity, with appropriate documents as a condition to continue using the Platform or specific Electronic Services provided within the Platform;
2. temporarily limit access to specific Electronic Services provided within the Platform;
3. suspend the Account for a fixed or indefinite time;
4. apply mechanisms or tools to block the operation of bots or other IT or programming tools referred to in Section 3(6)(7) above.

SECTION 8. USER ACCOUNT

A User Account may only be registered by an adult natural person with full legal capacity, as specified in the registration form.
Registering a User Account associates it with the registrant, who serves as both the account manager and the party responsible for its content. Any transfer, trade, or delegation of account management rights to third parties is prohibited.
Once the User submits the registration form, an indefinite-term Agreement for Electronic Services to manage the User Account is concluded.
To gain access to all Electronic Services provided within the Platform, the User must activate their Account, following the instructions provided on the Platform.
The detailed scope of functionalities available for each type of Account, as well as information about the applicable fees, are provided on the Platform’s website.
The use of Electronic Services, particularly when registering for participation in Auctions and participating in Bidding, requires logging in, i.e., authentication and authorization of rights by the User through the provision of a username and password set up during the Registration process. For these reasons, the deletion of the User Account is equivalent to the termination of the agreement for its management and the loss of access to the data stored in it, including access to upcoming Auctions.
After the deactivation of the User Account, the data stored in it are permanently deleted from the Platform by the Operator.
The Operator reserves the right to delete or block User Accounts from which the following actions are taken:
1. to the detriment of Auction Houses, in order to unjustifiably discredit them (e.g., by baselessly adding negative reviews about them) or
2. to the detriment of the Operator,in order to unjustifiably discredit them in the eyes of current or potential Users or Auction Houses.

SECTION 9. THE AUCTION HOUSE ACCOUNT

The Auction House Account may only be registered by an Auction House intending to offer Lots for sale through the Platform.
Once the registration form is submitted by the Auction House, the application will be sent to the Operator, who will promptly begin verifying the information and documents contained therein.
After a positive verification, the Auction House Account will be activated by the Operator, and from that moment on, the Auction House will be able to log into the Account and use its full functionalities.
As part of its Account activities, the Auction House may list Lots for sale, provided they come solely from legal sources and are not encumbered by third-party rights. The Auction House is solely responsible to the buyer for any claims arising from the listing of Lots derived from illegal sources or encumbered by third-party rights.
The Auction House is obligated to include in its Profile its own terms and conditions regarding Auctions organized by them.
The Auction House declares that the descriptions of Lots listed for sale through the Platform are true, accurate, and reflect the actual condition of the Lots.
Upon introducing content protected by copyright into the Platform, including but not limited to trademarks, logos, images, descriptions, and photographs (hereinafter referred to as ‘Content’), the Auction House grants the Operator a free, non-exclusive, unlimited-time and worldwide license to use such Content in the following scope:
1. recording and reproduction by any means, including recording and making copies on all types of paper, electronic, magnetic, or optical media;
2. distribution via telecommunications networks (including GSM networks and the Internet), particularly through search engines (e.g., Google), social media platforms (e.g., Facebook, Instagram, YouTube), in any manner and using any technology, including but not limited to: making the Content available in a way that allows anyone to access it at a time and place of their choosing, as well as other forms of exploitation within telecommunications networks, regardless of possible access restrictions; public display and reproduction, including through automatic reproduction mechanisms on websites;
3. public exhibition, display, reproduction, distribution, and re-publication;
4. lending and introducing to the market.
The license given by the Auction House, as referred to in Point 7 above, also allows the Operator to create and use derivative works based on the Content, provided it falls within the scope of the Operator’s authorized use. Additionally, the Operator may grant further consents within the limits of the original license given.
The Auction House grants permission for the Operator to exercise the moral rights to the Content and declares that it will not exercise these rights against the Operator or any entities to whom the Operator grants further permissions to use the Content.
The Auction House guarantees that it is authorized to make the above statements and grant the licenses covered by the Terms and Conditions, as well as to introduce the Content to the Platform. It also guarantees that the Content and its use by the Operator in accordance with the Terms and Conditions do not infringe on the rights of third parties. In the event of any claims being made against the Operator by third parties, the Auction House shall release the Operator from all liability and cover all justified costs related thereto.
The Auction House assumes full responsibility for the Content it publishes on the Platform, including any errors or inaccuracies.
The Operator does not verify the Content presented by the Auction House on the Platform, does not interfere with its substance, and is not liable for any damage resulting from its storage or publication by the Auction House. The Operator has the right to remove or block access to specific or all Content added by the Auction House upon receiving reliable information from authorized entities regarding its unlawfulness.
The Auction House is fully liable to the Operator for any damages the Operator may incur as a result of the Auction House publishing the Content mentioned in Point 12 above on the Platform.
The Auction House is required to disclose on the Platform the personal data of artists or other individuals in a manner that does not violate their rights, legal regulations (particularly GDPR), or any third-party rights.
The termination of the Auction House Account service agreement does not exempt the Auction House from settling all fees due to the Operator for the duration of the agreement.

SECTION 10. PUBLICATION OF OFFERS ON THE PLATFORM

Offers published by the Auction House are available to all using the Platform.
A single Offer may pertain only to one Lot or a group of Lots. The description of the Lot for sale should be clear, accurate, and complete, truthful, and not misleading, along with the Purchase Price or Starting Price when the Lot is offered in an Auction.
The Offer should not contain, in particular, words commonly regarded as vulgar or offensive. It must also not include content such as advertisements, promotional materials, website addresses, or any other elements leading to services offering the same or similar services as the Operator.
The Auction House bears full responsibility for the content of the Offers published.
The prices of the Lots presented in the Offer are individually set by the Auction Houses. The Operator has no influence over the amount or changes to these prices.
The publication of the Offer on the Platform begins immediately upon pressing the ‘Publish’ button or its equivalent and lasts for the period specified by the Auction House.
During the period the Offer is live on the Platform, the Auction House may modify its content and remove the Offer.
If the Offer, including its content or the item for sale, raises reasonable doubts regarding its compliance with legal regulations or potential infringement of third-party rights, the Operator may request the Auction House that published the Offer to provide evidence that the Offer complies with the law and does not violate third-party rights. The Operator will set a reasonable deadline for the Auction House, not shorter than 7 days, to provide evidence to the Operator that resolves the doubts mentioned in the previous sentence. If the evidence is not provided within the deadline set by the Operator or if the evidence provided is insufficient to resolve the raised doubts, the Operator may remove the Offer from the Platform.
The Auction House may appeal the Operator’s decision under the terms set forth in Section 20 of these Terms and Conditions.

SECTION 11. CONDITIONS FOR PARTICIPATION IN THE AUCTION THROUGH THE PLATFORM

Auctions are conducted through the Auction Platform provided by the Operator in an online format, i.e., within a specified time frame and using technology that enables real-time, two-way communication between the Auction House and the User (‘live’).
The Lots offered in the Auction are put up for sale by the Auction House. The Operator is not a party to these Auctions but only provides the technical means that enable Users to participate in the Auction and Bidding in real time over the Internet, along with other individuals present in the Auction House’s auction room. The Operator is also not a party to the Sales Agreements concluded between the User and the Auction House and is not liable for the improper performance or non-performance of these agreements made within the scope of the Transaction. The Operator is not responsible for the quality, safety, or legality of the Objects sold within the Offer, the Auction Houses’ ability to sell, or the solvency of the buyers.
Information related to the prices of Lots and their descriptions are provided by the Auction Houses. The Operator is not responsible for the truthfulness and reliability of this information or any other content provided by the Auction Houses within the Platform, particularly descriptions regarding the Lots. At the same time, the Operator bears responsibility for the execution of Agreements for the Provision of Electronic Services concluded within the Platform in connection with conducting their own business, as specified by the applicable law.
The Operator is not responsible for misconduct of Users or Auction Houses regarding Agreements concluded through the Platform.
Participation in the Auction requires registration via the Platform and acceptance of the Auction Terms and Conditions. The Auction Terms and Conditions are made available on the registration form for each Auction.
Only Users who have been positively verified by the Auction House based on its criteria may be allowed to participate in the Auction. Because of this, the User who wishes to participate in the Auction must register for the Auction by providing the Auction House with the required personal data, as specified in the registration form on the Platform. This includes, in particular, the User’s name, surname, address, telephone number, and email address. The Auction House may prohibit the User from participating in the Auction.
As institutions, Auction Houses are legally required to assess risks and implement financial security measures related to money laundering or terrorist financing. In compliance with this legal obligation, the Auction House may, before finalizing a Transaction, request the User to provide additional Personal Data and information beyond those specified during the Registration process. Detailed provisions in this regard are outlined in the internal procedures of the Auction House.
Pursuant to Article 59a (1) of the Act of 23 July 2003 on the Protection and Care of Monuments, Auction Houses based in the Republic of Poland are required to keep a register of objects accepted or offered for sale that possess the values specified in Article 3 (1) of this Act, i.e., those of historical, artistic, or scientific significance to an extent justifying a public interest in their preservation, regardless of their age, provided their monetary value exceeds PLN 10,000. In fulfilling its statutory obligation, the Auction House may require the buyer of a Lot to provide additional personal data and information beyond those provided during registration for an Auction.
The Sales Agreement for a Lot won by the User is concluded under the terms set forth in the Auction Terms and Conditions.
In each case, the provisions of the Auction Terms and Conditions determine the method and deadline for payment of the price, organizational fees, and other charges, as well as the release of the Lot.
The User who wins the Bidding is required to purchase the auctioned item for the final Purchase Price and pay any additional fees specified in the Auction Terms and Conditions.
Both parties to the Transaction (the User and the Auction House) are obligated to make every effort to finalize it.

SECTION 12. GENERAL RULES GOVERNING THE AUCTION

Before participating in the Auction, the User should carefully review the Auction Terms and Conditions published in the Profile of the respective Auction House.
In the case of a public auction, it is conducted by the auctioneer, who announces the Lots and successive bids, identifies bidders, declares the end of the bidding, and announces the winner. The conclusion of the bidding is equivalent to the entering into a Sales Agreement between the Auction House and the bidder who offered the highest amount, in accordance with the terms specified in the Auction Terms and Conditions. In the event of a dispute during the bidding, the auctioneer will resolve the issue or reauction the Lot. Auction Houses may reserve the right to record the Auction using audio and video recording devices.
The bidding starts at the Starting Price. The auctioneer may announce subsequent bid increments based on the increment table of the respective Auction House. Depending on the course of the Auction, the auctioneer may - at their discretion and in accordance with the Auction Rules - determine a different bid increment.
If the minimum price i.e. the lowest amount for which the Auction House can sell the Lot without the seller’s additional consent is not reached during the bidding, the auctioneer may announce a conditional sale. The possibility of concluding conditional sales, i.e., recognizing the bid as binding at the auctioned price, is determined in each case by the Auction Terms and Conditions.
A User who is unable to participate in the Auction in person may - if permitted by the Auction Terms and Conditions - place a bidding order with a Limit. If two or more orders have the same Limit, the order of submission or the sequence of consecutive bids may determine the outcome.
If multiple Users place an Automatic Bid on a given Lot, the Starting Price of that Lot - publicly announced - will be the lowest possible amount submitted by the User with the highest Automatic Bid.
The final acceptance of the User’s offer is subject to the decision of the Auction House; this applies in particular to:
1. the decision regarding a situation where the same bid amount is submitted by a User participating in the Auction online via the Platform and a bidder present in the Auction House venue,
2. the decision to grant or deny the leading position in the bidding to a User who has submitted the same amount through a Limit, Automatic Bid, or Bid.
Some Lots may have a Minimum or Reserve Price, and this information is included in their descriptions. The value of this price is confidential and known only to the Auction House organizing the Auction. For the bidding to result in a sale, the final price must be equal to or higher than this amount. Otherwise, the Lot may be considered unsold, or the bidding may conclude with a conditional sale - the specific terms of which are in each case determined by the Auction Terms and Conditions of the respective Auction House.

SECTION 13. CONDITIONS FOR PURCHASING LOTS THROUGH THE PLATFORM

The Platform enables Transactions for the purchase of Lots.
A prerequisite for completing a Transaction through the Platform is:
1. having an active email account;
2. reading and accepting the Terms and Conditions;
3. a proper Order submission;
4. payment of the Price.
The User is the direct party to the Transaction with the Auction House.
The Operator is not a party to the Transaction with the User but solely provides the technical means and support necessary to facilitate it.
The delivery of Lots to Users is carried out by external entities based on separate legal arrangements, in which the Operator is not a party.
The Auction House, as the seller, is responsible for the proper delivery of the Lot.
To conclude a Sales Agreement for a Lot listed in the Offer, the User must first place an Order with the Auction House through the Platform.
Placing an Order requires creating a User Account.
An Order for a given Lot is placed by clicking the ‘Add to Cart’ button (or its equivalent).
While placing an Order for a Lot, up until the moment the User clicks the ‘Payment’ button, there is the option to modify the Order, including selecting the Lot, in accordance with the displayed messages and information.
An Order is placed when the User clicks the ‘Payment’ button or a similar one and constitutes a declaration of intent to enter into a Sales Agreement with the Auction House in accordance with the Terms and Conditions.
After placing an Order and receiving a confirmation to an email address, the User can no longer modify the Order.
In order for the User’s Order to be processed, payment of the price must be made in advance (before receiving the Lot).

SECTION 14. PUBLICATION OF A COLLECTION ON THE PLATFORM

Only logged-in Users can publish collections on the Platform.
Publication of a Collection on the Platform is free of charge.
Published Collection is available to all individuals using the Platform.
Upon publishing a Collection, the User grants the Operator a non-exclusive, worldwide, and royalty-free license to record, reproduce, and distribute the Collection in whole or in part for the purpose of displaying it on the Platform, as well as anywhere on the Internet, including search engines (such as Google) and social media platforms (such as Facebook, Instagram, and YouTube). Granting this license is necessary for full use of the Platform.
The User retains the freedom to define the content of the Collection, provided that it complies with the law and meets the following requirements:
1. the description of the Collection will not contain language that is commonly considered vulgar or offensive;
2. the content of the Collection should contain a clear, accurate, and complete description that is truthful and not misleading.

SECTION 15. PAYMENTS

Payment transactions within the Platform are handled by external Payment System Operators.
To complete a payment, the User must have a payment card and/or a bank account, or another form of payment supported by the Payment System Operator (payment methods).
After selecting a payment method, the User is required to provide the necessary information requested by the Payment System Operator to complete the transaction.
Before making a payment, the User should review and accept the payment terms provided by the respective Payment System Operator.
The terms for using payment transfer services, as referred to in Point 4 above, outline the Payment System Operator’s responsibility for the proper execution of the payment transfer service and the procedures for handling complaints related to payments made in this manner.
For some payment methods, the external Payment System Operator may charge the User additional fees, such as fees for international transactions or other charges related to the selected payment method. For detailed information, the User should contact the Payment System Operator processing the respective payment.
The prices of the Lots included in each Offer are expressed in the currency indicated by the Auction House and are gross prices.
The price of the Lot does not include the shipping cost, which may vary depending on the item’s value, weight, size, and delivery location.
Due to the nature of the Lots offered, it is usually not possible to determine universal delivery costs. These are agreed upon by the User and the Auction House after the order has been placed.
The price stated in the Offer becomes binding for both the User and the Auction House once the User clicks the ‘Payment’ button or a similar one.

SECTION 16. ORDER FULFILLMENT

The Auction House is responsible for the delivery of the Lot.
The delivery of the Lot is provided for a fee, and the shipment is not included in the price.
Fulfilling the delivery requires the Auction House to provide the User’s details to the appropriate carrier to the extent necessary for the delivery. The Operator is not a party to agreements with carriers, has no ability to intervene in their terms or execution, and is not responsible for claims related to improperly completed deliveries.
Upon receiving the Lot, the User should check the condition of the package. If any damage or signs of tampering are found, a damage report should be completed in the presence of the courier and promptly submitted to the Auction House along with any related complaint.
The Operator does not provide a guarantee for the completion of Sales Agreements and is not responsible for any physical or legal defects of the Lots.

SECTION 17. REVIEW SYSTEM

The Platform provides a review system, through which it is possible to review Auction Houses, particularly in relation to the Lots they have listed, the course of the sales process, and other factors.
The review can be graphical, by assigning a score on a five-star scale (from 1 to 5), as well as descriptive.
Reviews given to Auction Houses may only relate to actions taken by them within the Platform and can only come from individuals who have completed a Transaction or another activity (e.g., registration for an Auction) with the specific Auction House within the Platform.
Reviews are public information and are available to all users of the Platform.
The author of the review is responsible for its content.
The Auction House can respond to any review given to it and is responsible for the content of the response.
The review and response to it should reflect true information about the Transaction or other activity and must not contain content that is unlawful, vulgar, offensive, infringing on third-party rights, or in violation of the Terms and Conditions. The review must not include addresses or names of other websites, as well as commercial information.
The User must not participate in a Transaction or any other activity solely for the purpose of leaving a review for the Auction House, i.e., for the purpose of manipulating the Auction House’s rating or for obtaining financial or other benefits.
The Auction House may not take actions aimed at persuading the buyer of a Lot to leave or modify a review in exchange for a benefit (e.g., a discount, a material bonus, monetary compensation, etc.).
By submitting a review, the author grants the Operator a non-exclusive, worldwide, royalty-free license, including the right to grant sublicenses. The license granted to the Operator includes the right to record and reproduce the review by any means, distribute it, including public display, reproduction, distribution, and re-publication, as well as make it available in a way that allows anyone to access it at a time and place of their choosing. Within the scope of the license granted to the Operator, the author of the review also provides a free, worldwide consent for the Operator to exercise derivative rights to the reviews, meaning the right to modify, use, and manage adaptations of the reviews within the aforementioned fields of exploitation. The author of the review will not exercise moral rights against the Operator and allows the Operator to exercise them on their behalf.
A review of the Auction House can be submitted after logging into an Account, within no more than 30 days from the date of the Transaction or other activity. Submitting a review of the Auction House is not possible if the author of the review has not completed a Transaction or other activity with the given Auction House, or if their Account is suspended.

SECTION 18. VERIFICATION, REMOVAL AND BLOCKING OF REVIEWS

The Operator makes every effort to ensure that the reviews presented on the Platform regarding Auction Houses are reliable and come from individuals who have actually used their Offer or engaged with them to carry out another activity. To this end, the Operator takes reasonable and proportionate steps, as outlined in the Terms and Conditions, to verify that these reviews originate from authorized individuals.
The Operator does not interfere with the content of reviews or the responses to them; however, the Operator reserves the right to remove reviews:
1. that were submitted by individuals who have not concluded a Transaction or entered into any other activity with the given Auction House;
2. that contain content that violates legal regulations or the provisions of the Terms and Conditions;
3. that were mistakenly submitted for the wrong Auction House or linked to the wrong Transaction or other activity, if their content clearly indicates an error;
4. when the Operator receives a request from the author of the review for its removal;
5. when the Operator receives a final court judgment or a decision from an authority ordering the removal of the review;
6. in cases where there is a reasonable suspicion that the review was not submitted by a human.
The Operator reserves the right to block the ability to display and submit reviews that indicate the Auction House’s independent actions regarding its offer.
Auction Houses do not have the right to edit or remove reviews regarding the services they provide.
The Operator reserves the right to verify the content of reviews if there is suspicion that they are not truthful. If verification of a given review is not possible, it will remain inactive.
The review verification process refers to the Operator sending an email notification to the address provided by the review author during Account Registration, informing them that the verification procedure has been initiated. The notification contains the following information:
1. the date the review was submitted;
2. the content of the review;
3. information about reported objections to the content of the review;
4. the deadline by which the author of the review should respond to the message.
The outcome of the verification process is considered positive when the author of the review provides a statement via email confirming that they stand by their review and that it reflects the actual facts. In this case, the review becomes active again and is visible on the Platform.
The outcome of the verification process is considered negative when the author of the review does not provide a statement confirming their review within 14 days from the date the Operator sends the notification about the initiation of the verification procedure. In such case, the review will remain inactive and will not be displayed on the Platform.
The Operator is not responsible for the failure to deliver emails to the email address provided by the review author during the Registration process due to technical reasons, blockages, or other issues on the recipient’s mail server.
The Operator does not conduct any other forms of review verification except those outlined in Points 5 - 8 of this Section.
The Auction House, if it has further objections regarding the received reviews, may pursue its rights through legal proceedings directly against the author of the review, provided that the reviews have been correctly verified by the Operator in accordance with the described verification procedure.

SECTION 19. CONTENT MODERATION ON THE PLATFORM

The Operator reserves the right to moderate content posted by Users or Auction Houses on the Platform if it violates applicable laws, the Terms and Conditions, or good practices.
Content moderation may be carried out automatically or manually.
If the Operator finds any content that violates the Terms and Conditions or applicable law, they reserve the right to temporarily block or remove such content from the Platform.
The User or Auction House will be immediately notified by the Operator about the blocking or removal of their content via the email address provided during the Account Registration process.
The User or Auction House has the right to appeal the above decision under the terms specified in Section 18 of the Terms and Conditions.

SECTION 20. REPORTING ILLEGAL CONTENT

The Operator provides tools for reporting illegal content electronically.
Any individual or entity may report to the Operator the presence of content on the Platform that they consider illegal under applicable law.
The report may be submitted:
1. via email by sending a message to the Operator’s email address;
2. by using a contact form available on the Platform.
The report mentioned in Point 1 above should include the following information:
1. a justified explanation of the reasons why a given person or entity alleges that the relevant information constitutes illegal content;
2. indication of the location of the published content, such as the exact URL or exact URLs;
3. the name and surname or the name and email address of the person or entity submitting the report.
Upon receiving the report referred to in Point 4 above, the Operator shall immediately confirm receipt to the reporting party via email by sending an appropriate message to the email address previously provided. If the report is incomplete or contains other errors, the Operator may request the reporting party to supplement or correct the report. If the necessary corrections are not made by no later than 14 days from the date of the Operator’s request, the report will be disregarded.
From the moment of receiving a complete and correct report, the Operator will verify the content in question within 21 days of receiving it. To this end, the Operator may request the reporting party to provide additional information or submit relevant documents that may, among other things, confirm the existence of the violated rights.
During the verification process, in order to ensure its proper course, the Operator is authorized to block the content in question in such a way that it becomes invisible to users of the Platform.
After completing the verification, the Operator will make a decision regarding the permanent blocking or removal of the content in question, if it violates the provisions of the Terms and Conditions. In the event that the verified content is found to comply with the Terms and Conditions, the Operator will promptly unblock or restore it and inform the reporting party.
The person whose content has been reported or the person who has submitted the content for verification has the right to appeal to the Operator if:
1. the Operator did not block or remove the content despite the report, and the circumstances clearly indicate that its publication unquestionably constitutes a violation of the law;
2. the content was blocked or removed in a manner inconsistent with the provisions of the Terms and Conditions;
3. any sanctions have been imposed on the User or Auction House in relation to content deemed unacceptable.
The appeal should be sent to the Operator via email and must include:
1. name and surname or a company name of the appellant;
2. contact details;
3. a justification indicating why, in the opinion of the appellant, the decision issued by the Operator is incorrect.
The Operator reviews the appeal within 14 days from the date of its submission.
The Operator ensures that appeals regarding reported content will not be processed in an automated manner.

SECTION 21. SANCTIONS FOR UNACCEPTABLE CONTENT

In the event of using the Platform in a manner that violates the provisions of the Terms and Conditions, including posting unacceptable content, the Operator reserves the right to:
1. permanent Account suspension;
2. permanent Account deletion;
3. temporary Account suspension.
The Operator has the discretion to choose the appropriate measure from Point 1 above, taking into account the circumstances of the case and the severity of the violation, regardless of any other actions taken in the matter.
The temporary suspension or blocking of the Account may last from 3 to 90 days. After the specified period, the Operator will lift the Account suspension and restore access to the suspended features of the Platform.
The Account holder, who has had a measure applied as described in Point 1 above, has the right to appeal in accordance with the procedures outlined in Section 18, Points 5-8 of the Terms and Conditions.

SECTION 22. CONSUMER RIGHT TO WITHDRAW FROM A CONTRACT CONCLUDED WITH THE OPERATOR

A User who is a consumer within the meaning of the Act of May 30, 2014, on Consumer Rights (hereinafter referred to as the ‘Act’) has the right to withdraw from the Agreement for the Provision of Services by electronic means concluded with the Operator within 14 (fourteen) days of its conclusion, without providing any reason, subject to Point 5 of this Section.
Exercising the right to withdraw from the Agreement for the Provision of Services by electronic means requires informing the Operator through an explicit statement of withdrawal. The withdrawal statement may be submitted using the form provided in Annex No. 1 to the Terms and Conditions, but this is not mandatory.
In the event of withdrawal from the Agreement, the Consumer will be refunded any payments made without delay, but no later than 14 days from the date of receipt of the Consumer’s withdrawal statement.
The refund will be processed using the same payment method that the Consumer used unless the Consumer expressly agrees to a different solution that does not involve any additional costs for them.
The right to withdraw from a remotely concluded Agreement does not apply to the Consumer in the following cases:
1. the provision of services, if the service provider has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the commencement of the service that they would lose the right to withdraw from the Agreement once the service was fully performed by the provider;
2. the supply of digital content not provided on a tangible medium, for which the Consumer is obligated to pay a price, if the service provider has commenced the provision with the Consumer’s express and prior consent, and the Consumer was informed before the commencement of the service that they would lose the right to withdraw from the Agreement once the service was performed by the provider, acknowledged this information, and the service provider has provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Act.
If, at the Consumer’s explicit request, the provision of digital content is to begin before the withdrawal period expires, the service provider requires the Consumer to submit a clear statement containing such a request.

SECTION 23. COMPLAINTS AND DISPUTE RESOLUTION

Any complaints regarding the non-performance or improper performance of the Electronic Services Agreement by the Operator should be submitted electronically to their email address, providing a description of the complaint and the reasons for its submission, along with the identification details of the person submitting the complaint.
The scope of complaints does not include defects, faults, and irregularities resulting from errors or mistakes made by the person submitting the complaint, improper functioning of the web browser or telecommunications connections on their side, as well as those caused by the activities of third parties who are not involved, at the Operator’s initiative, in the provision of Electronic Services using the Platform.
If the information provided in the complaint is incomplete or insufficient, before processing the complaint, the Operator will request the complainant to supplement the information.
The Operator will process the complaint within 14 days from the date of its receipt. In the case of a need to supplement the complaint, this period will be counted from the day the supplemented complaint is delivered.
The response to the complaint, including the way it has been handled, will be sent exclusively to the email address provided in the complaint submission. In particularly justified cases, including at the explicit request of a User who is a Consumer, the Operator will send the response to the complaint to a different email address or in writing to the indicated correspondence address.
In the case of a negative outcome for the complaint, the User who is a Consumer has the option to use extrajudicial methods of resolving complaints and pursuing claims. Information about extrajudicial methods of resolving complaints and pursuing claims can be found on the website http://www.uokik.gov.pl.
The dispute may be resolved by an arbitration court, provided that the complaint procedure has been completed and both parties to the dispute agree to it.

SECTION 24. COMPLAINTS CONCERNING AUCTION HOUSES

Complaints regarding the Transaction or other activities should be submitted directly to the Auction House that is a party to it.
The Auction House is responsible to the User for handling complaints related to the Transaction in accordance with the generally applicable laws.
The necessary contact details of the Auction House for submitting a complaint are provided in its Profile displayed on the Platform.

SECTION 25. INTELLECTUAL PROPERTY LAWS

The content of the Platform, which includes, but is not limited to: texts, graphics, logos, sound effects, video materials, registered trademarks, as well as the compilation, layout, and appearance of the Platform, or the software ensuring its operation, is subject to copyright or industrial property rights and is legally protected. Copyrights belong to the Operator and/or their creators.
It is prohibited to copy, distribute, reproduce, aggregate, or modify any data and other information posted on the Platform. In particular, automatic downloading of the content of the Platform and presenting it outside the Platform without the written consent of the Operator or their creators is prohibited.

SECTION 26. PERSONAL DATA PROTECTION

The Operator and the Auction House process Users’ Personal Data independently, each acting as a separate controller of their respective data.
By voluntarily adding a photo to their individual Account, the User automatically consents to the public disclosure of their image. They have the right to remove the photo from their Account at any time.
The Operator is not responsible for the scope or legality of the personal data collected by the Auction House from Users.
As the controller of Personal Data, the Operator commits to implementing all necessary technical and organizational measures appropriate to the level of risk to ensure the security of all Personal Data in connection with the use of the Platform. For more information on the processing of Personal Data, please refer to the PRIVACY POLICY available on the Platform’s website.

SECTION 27. TERMINATION OF THE AGREEMENT WITH THE OPERATOR

The provision of Electronic Services by the Operator within the Platform is of an indefinite duration, subject to the provisions set forth below.
The User may delete their Account at any time using the functionality available within the Platform or by sending an appropriate message to the Operator’s email address, upon which the Operator will promptly delete the specified Account.
If the User has active limits or offers for upcoming Auctions, the deactivation of the Account is conditional upon the prior removal of these limits or offers.
The deletion of the Account is equivalent to the termination of the Agreement for the Provision of Electronic Services and the permanent loss of all data stored within the Account.
The Agreement for the Provision of Electronic Services may be terminated by the Operator with a thirty (30) days’ notice period in the following cases:
1. in the event of repeated violations of the Terms and Conditions by the User or the Auction House;
2. in the absence of any Transactions by the User within five years from the Account Registration or within ten years from the date of the last Transaction.
If the Agreement has been terminated by the Operator’s decision, the User is not permitted to re-register an Account within the Service without the Operator’s prior consent.
In the event of the User’s death (if the User is a natural person) or the liquidation of the User (if the User is a legal entity or an organizational unit without legal personality), the Agreement for the Provision of Electronic Services expires. The Operator will delete the Account upon notification and verification of the circumstances justifying the Agreement’s expiration by an authorized party.

SECTION 28. AMENDMENTS TO THE TERMS AND CONDITIONS

The Operator reserves the right to change the Terms and Conditions at any time. This may be caused, in particular, by changes in legislation or changes in the practice of applying the law that directly affect the content of the Terms and Conditions, the development of internet technologies, changes in the rules of using the Platform, the improvement of the Platform’s operation, and changes in the range of services provided, including the introduction of new ones.
The new Terms and Conditions come into effect within the period specified by the Operator, not shorter than 14 days from the moment the entitled party is notified of the changes and the modified Terms and Conditions are made available to them, including through its publication on the Platform’s website in the ‘Terms and Conditions’ section and by sending the updated content of the Terms and Conditions to the email address assigned to the given Account.
In the event of non-acceptance of the planned amendments to the Terms and Conditions, the entitled party, in order to terminate the Agreement for the Provision of Electronic Services, should immediately notify the Operator, no later than within 14 days from the announcement of the changes. In such a case, the provisions of Section 27(2-3) shall apply accordingly.
The version of the Terms and Conditions in effect on the date of the action shall apply to actions taken before the amendment of the Terms and Conditions.
A change in the contact details of the Operator contained in the Terms and Conditions does not constitute an amendment to the Terms and Conditions.

SECTION 28. FINAL PROVISIONS

The applicable law is Polish law.
The Terms and Conditions do not exclude or limit any rights of Consumers granted to them under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory legal provisions granting Consumers specific rights, the latter shall take precedence.
In the event of any provision of the Terms and Conditions being amended or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in effect.
Any disputes arising between the Auction House, as a business entity, and the Operator shall be resolved by the competent common court for the Operator’s registered office. In other cases, any potential disputes may be submitted to the courts with jurisdiction according to the provisions of the Code of Civil Procedure and general jurisdiction.
In the event of any discrepancies between the translation of these Terms and Conditions and the original Polish version, the Polish version shall prevail.
The Terms and Conditions are effective as of 15th May 2025.