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#44

Dima, 9 years old

Dimensions:30X42 cm
Technique: Pastels and pencil on paper 300g

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#44

THE AUCTIONEER

The online charitable auction, HelpUkraine is organised by Gulag.cz, z.s., Na Dolinách 524/40, Prague 4, Identification number 22822852  (the “Auctioneer”) in its capacity as the facilitator between the author(s) of the auction item(s), the Purchasers and the Nesehnutí organisation, the beneficiary of the proceeds. The Auctioneer organises this charitable auction for no consideration. Therefore, the price achieved by bidding shall be the final price of the auction item and no charges will be added to it (except for transport costs, if any – see below).

AUCTION PARTICIPANTS

Auction participants (Bidders) may only be natural persons and legal entities with legal capacity, registered in the LiveBid.cz system and approved to log in for the auction by the Auctioneer. Once logged in, the registered and approved Bidders may submit limits for specific items in auction through the LiveBid.cz system or bid in real time on LiveBid.cz. By registering, persons taking part in the auction agree to observe these Auction Rules and the Terms of Service for using the Livebid system. Legal relationships connected with this auction are governed by the Czech law in force.

AUCTION ITEMS

The auction items are assigned numbers that determine their order for bidding in the auction, provided with descriptions, and assigned the lowest bid price (starting price). The Auctioneer is not liable for any colour differences compared with the photographs posted on the website.

LIMITING (PRE-AUCTION) STAGE

The pre-auction stage begins on 24 February 2023 at 12:00 noon and ends on 10 March 2023 at 6:00 pm. The auction catalogue is provided on the Livebid.cz auction web portal. From the starting point onwards, registered users who are logged in may submit their limits for the items included in the auction. A limit means the maximum amount that a bidder is willing to pay for an item; the Bidder shall type the amount in the Price field and press the Limit button; a window will pop up with a prompt to Confirm the Limit. After the Limit button has been pressed again, the system will register the limit and display the current price of the auction item. Once the limiting stage of the auction is over, it is not possible to submit limits for any items.

 

BIDDING

LIVE AUCTION (BIDDING)

Live bidding begins on 10 March 2023 at 7:00 pm. Only registered Bidders who are logged in may bid for auction items. The auction shall begin with the first item and continue with the items following in the order as listed in the catalogue. The order of bidding is determined by the order of the Bidders’ registrations in the LiveBid system.

An item shall be auctioned for as long as Bidders continue to submit progressively higher bids; if no Bidder offers an amount higher than the spot price, the auction for such item shall end after 20 seconds by knock-down in favour of the last Bidder. The Bidder who has made the highest valid bid and received the knock-down becomes the Purchaser. The Bidder is bound by the bid that received the knock-down. If no lowest bid for an item is made during an auction, the respective item shall remain unsold. The auction ends with the bidding on the last auction item.

PAYMENT OF THE BID PRICE (HAMMER PRICE)

The right to receive the price payment comes into existence at the moment the Purchaser receives the knock-down. The Purchaser shall pay the price within 10 days from the moment of the knock-down. The Purchaser shall be issued with a certificate of donation for the amount to be allocated to the Sbírka pro Ukrajinu fundraising initiative organised by Nesehnutí. The Purchaser shall be informed of the payment conditions regarding the amount intended for the artist(s) immediately after the auction ends.

The auctioned items can be collected in person in Prague further to an arrangement. If the Purchaser wishes for an auctioned item to be sent by post or a shipping service, this can be done further to an arrangement with the Auctioneer. The Purchaser shall bear any and all costs associated with the transport and shall pay the same in advance. The Auctioneer is not liable for any damage occurring from the moment the shipping agency accepts the auctioned items for transport. Any claims should be addressed to the shipping agency that delivers the item to the Purchaser.

The hammer price cannot be reduced subsequently. If the Purchaser fails to pay the hammer price of the item within 15 (fifteen) calendar days from the day of the knock-down, the auction is considered to have been cancelled. The Auctioneer has the right to charge the Bidder who causes an auction to be cancelled the full amount of any costs incurred as a result of the cancelled auction. The respective item shall be regarded as unsold, with all the relevant implications for the Bidder(s) and the proponent.

 

OWNERSHIP TITLE TO AN AUCTIONED ITEM

The Auctioneer shall exercise the rights and obligations of an escrow agent with regard to the auctioned item until the item is handed over to the Purchaser. The Purchaser shall acquire the ownership title to an auctioned item only after completing the payment of its full price.

If the Purchaser pays the hammer price within the defined period, the ownership title to the item will pass to the Purchaser. The Purchaser shall confirm the acceptance of the item by signing the record of acquiring the item in auction. The certificate of acquiring the item in auction shall be issued to the Purchaser upon acceptance of the auctioned item or shipped along with the item.

CLOSING PROVISIONS

All legal relationships arising on the basis of and in connection with the present Auction Rules shall be governed by the law of the Czech Republic.

Any and all content placed in the Livebid system is subject to copyright protection. Its reproduction and/or other dissemination without the Auctioneer’s express approval is prohibited.

The Auctioneer reserves the right to cancel the auction or change its date for technical reasons and/or due to the occurrence of any other obstacles beyond the Auctioneer’s control. The Auctioneer reserves the right to unilaterally change the present Auction Rules by publishing their current full wording on the Livebid system website.

Any and all matters not provided for in the present Auction Rules shall be assessed in accordance with the applicable legislation and other relevant regulations of the Czech Republic.

The list of registered Bidders and the personal information on the auction proponents constitute the Auctioneer’s business secret and neither the Bidders nor any third party have the right to view the same.