1. For the purposes of these Auction Rules, the auction house is Adolf Loos Apartment and Gallery s. r. o. (the “Auction House”), organizing auctions in compliance with the laws of the Czech Republic.
2. The Auction House organizes auctions in which movable assets are sold that do not originate from criminal activities and are not subject to preemptive rights of cultural institutions of the state (such as the National Gallery, the National Museum, the National Technical Museum, the Museum of Decorative Arts, the Museum of Military History, etc.), based upon an auction (consignment) agre- ement made between the Seller and the Auction House. Items which have been declared cultural relics or for which the status of cultural relics is being sought are marked with the letter “KP” in the catalogue and are subject to special rules as set out in ČNR Act No. 20/1987 Coll., on national heritage conservation, as amended.
1. The Auction House organizes invitation-only auctions which may only be attended by members of the Bidders’ Club (“BC Members”). The Auction House is itself a BC Member. Private individuals or a legal entities may become a member of the Bidder's Club even on the day of the auction itself provided that they comply with the membership conditions set out in point 2.
2. The Auction House will register private individuals or legal entities who seek membership as BC Members if they show that they are older than 18 years and enjoy full capacity or, as the case may be, are a legal entity established in the Czech Republic and represented, for the purposes of BC membership, by their statutory representative. As a part of the registration procedure, the Auction House may demand presentation of a valid ID card or passport and, in the case of legal entities, a current extract from the Commercial Register.
3. The decision on whether to register a prospective member in the Bidders’ Club is at the discretion of the Auction House. There is no legal claim for membership in the Bidders’ Club.
4. If a BC Member violates the rules set out in this Auction Rules, the Auction House may cancel their membership. The infringing person will be notified of this decision in writing.
5. Registration in the BC implies that the BC Member gives consent to Adolf Loos Apartment and Gallery s. r. o. for the collection, storage, and processing of personal data and sensitive data within the meaning of the Data Protection Act (Act No. 101/2000 Coll., as amended).
AUCTION PARTICIPANTS (BIDDERS)
1. Only BC Members may participate in the auction. Inebriated persons may not participate in the auction, and nor may persons who during the auction commit a gross breach of the principles of common decency, or persons whose legal capacity has been restricted by a court decision, or BC Members who failed to make payment of the security deposit (if required); a Successful Bidder – Buyer – who frustrated the previous auction of a given item at the same Auction House may not participate in the repeated auction of such item. Upon request by the Auction House (or by its authorized representative), auction participants must prove their identity by presenting their ID card or a valid passport or, as the case may be, prove their authority to act on behalf of the auction participant, have themselves entered in the list of auction participants, and accept their bidder’s card (if any are dealt out); where a security deposit is being requested, the auction participants must moreover provide evidence that they paid the security deposit, in such manner as set out in the Auction Rules.
2. Auction participants may grant written power of attorney to have themselves represented at the auction by another BC Member; authorized clerks may also act on behalf of an auction participants. By granting such power of attorney, auction participants also authorize their authorized agent to represent them in a repeated auction (if the conditions for holding such repeated auction are met).
SELLER AND AUCTIONEER
1. The Seller is the person who proposes that an auction take place. No auction may be performed unless the Seller has entered into a written auction agreement with the Auction House. This does not apply if the Auction House itself is the Seller.
1. Auctions are invitation-only. Only BC Members may attend auctions, provided that they comply with the entrance fee requirement. Even if they pay the entrance fee, BC Members may not participate in the auction if they are inebriated or breach the principles of common decency (e.g. because of their dirty or otherwise indecent attire or because they behave in a manner which would clearly inconvenience the other bidders, etc.).
2. No later than one day before the auction takes place, the Auction House will exhibit the auctioned items at the venue specified in the auction catalogue, so as to allow for their inspection. This condition does not necessarily extend to heavier or bulkier items (in which case, photographs of the items may be put on display instead. Nevertheless, all interested auction participants will be allowed to view these items prior to the auction).
3. During the exhibition within the meaning of Article II.2 of these Auction Rules and during the auction itself, BC Members may not privately sell, exhibit, or exchange any exhibited or auctioned items, or capture a visual record of such items (e.g. by filming or photographing them). During the same period, all BC Members must observe all measures taken towards the protection of exhibited or auctioned items. Before the auction, clients may ask the representative of the auction house to provide professional photos in digital form.
f) 250.000 CZK if the momentary auction price is at least 10.000.000 CZK and more; whereas the “momentary auction price” is the amount at which an item is called at any given moment as increasing bids are being made.
8. If no minimum bid was made, or if the minimum bid was not made for the auctioned item that comes last in the order in which the items are put on the auction block, the Auctioneer shall close the auction. Otherwise, the Auctioneer closes the auction upon awarding the auctioned item that comes last to the Successful Bidder.
SUCCESSFUL BIDDER (BUYER)
1. If after two calls (“going once, going twice”), no further bids are made, the Auctioneer shall once more announce the latest bid (i. e., the price attained after the last increment – the hammer price), and upon the third call award the item to the auction participant who made the highest bid. Auction participants are bound by the bids which they make.
2. The Successful Bidder is that auction participant to whom the auctioned item was awarded; the decision on any disputes in this respect lies exclusively with the Auction House. As of the moment in which the item has been awarded, the Successful Bidder becomes obliged to pay the hammer price (i. e., the price for the auctioned item in the amount of the highest bid), increased by the auction fee incl. VAT.
4. The Successful Bidder becomes entitled to demand that the auctioned item be handed over to them after the ownership title has passed in accordance with these Auction Rules and after the total amount owed to the Auction House in connection with the auction and under these Auction Rules has been discharged. For the purposes of these Auction Rules, the “total amount owed” is understood to mean, aside from the hammer price and the auction fee incl. VAT, any applicable storage fees and other fees charged in accordance with these Auction Rules.
7. If a BC Member fails to pay the hammer price and the auction fee incl. VAT in such manner and within such time period as set out above, the Auction House may take the BC Member to court in order to collect the payment of the auction fee incl. VAT and compensation for any and all damage and associated expenses which the Auction House and the owner of the item incurred in connection with the frustration of the purpose of the auction.
9. The auctioned items are to be paid for to the bank account of the company Adolf Loos Apartment and Gallery Ltd. at bank: ČSOB. The account number is: 226434311/0300, IBAN CZ30 0300 0000 0002 2643 4311, SWIFT CODE: CEKOCZPP. All catalogue prices indicated in Euros are only orientational, are calculated at the rate of exchange 25,50 CZK/EUR, and serve as a guidance to the buyers. These prices will be recalculated in respect of the actual EUR/CZK rate of exchange of the Czech National Bank at the day of the auction. On request, it is possible to pay for all auctioned items in EUR or USD – the final price will be calculated in respect of the current EUR/CZK or USD/CZK rate of exchange of the Czech National Bank.
14. The successful Bidder assumes all insurance responsibilities as soon as the sold lot is given to his or his appointed shippers’ care. Should the successful Bidder not collect the sold lot within fourteen days after the auction (unless otherwise agreed in writing), the Auction House may charge the Bidder subsequent storage fees (100 CZK per any additional day). The Auction House’s insurance policy fully covers all sold lots until they are collected by the Bidder or his appointed shipper, but for no longer than 14 days following the end of the auction.
OPTIONAL SERVICES – FINAL PROVISIONS
1. The Auctioneer, Adolf Loos Apartment and Gallery Ltd., is not responsible for any print mistakes and colour differences in the auction catalogue. Participants in auction have the right to assess the condition of offered lots and ask for a condition report prior to the auction.
2. The estimate, professional expertise and auction item identification and description is provided by experts contracted by the Auctioneer. Only damage that has a bearing on the artistic value of the auctioned item is disclosed by the auction catalogue. All clients have an equal opportunity to view the auction items prior to auction, at the pre-auction exhibition. Any complaints regarding the price, quality, condition and functionality of the auctioned items will not be taken into account after the end of the bidding. Given the character and nature of the auctioned items (artwork), the Successful Bidder is waiving its rights from defective performances within the meaning of Sec. 1916 of the Civil Code (Act No. 89/2012 Coll.) when they make the bid by which they are subsequently awarded the given item.
3. The export of any items of cultural value is subject to special rules set out in Act No. 71/1994 Coll., on the sale and export of items of cultural value. “Items of cultural value”, within the meaning of that law, are natural or human artifacts or sets thereof which are of significance to history, literature, art, or science and which satisfy the criteria set out in Annex No. 1 to the act. Such items may only be removed from the territory of the Czech Republic upon presentation of a certificate according to which they have not been declared a cultural relic nor do they form part of a greater whole which has been declared a cultural relic within the meaning of Act No. 20/1987 Coll., on national heritage conservation, as amended. Adolf Loos Apartment and Gallery is not authorised to issue any statements or guarantees regarding any possible export limitations related to any of the offered lots.
signed – signed by the artist’s hand
attributed – probably, but not certainly, a work of art by a given artist
studio/workshop – work of art made at a workshop, in a close proximity of the artist school of – work of art created in the style of the master and in the same period
circle of – work of art created in a wider circle of influence of the artist
follower of – work of art created by a follower of the master, can be an imitation or a repetition of a work of art of an unspecified date