Auction regulations

These Auction Terms and Conditions (the “Terms”) govern participation in auctions organised by Artbidy, including Public Auctions and Online Auctions conducted through the Website. Each Lot is the subject of a separate auction and a separate contract of sale.

Effective from 2 November 2026.

§1 General provisions

1. The organiser of the Auctions and operator of the Website is BDB Investments Łukasz Kuca, with its registered place of business at ul. Nowomiejska 9, 96-100 Skierniewice, Poland, entered in the Central Register and Information on Economic Activity of the Republic of Poland, Tax Identification Number (NIP): 836-182-19-46, hereinafter referred to as “Artbidy”.
2. Artbidy may be contacted:
   a. by email at: contact@artbidy.com;
   b. by telephone at: +48 604 238 369;
   c. by post at: BDB Investments Łukasz Kuca, ul. Nowomiejska 9, 96-100 Skierniewice, Poland.
3. Unless otherwise indicated in the Catalogue or in the Special Conditions, Public Auctions are held at the Artbidy auction house located at ul. Świętojerska 5/7, building C, level -1, 00-236 Warsaw, Poland.
4. These Terms apply to all Bidders and Buyers participating in Auctions organised by Artbidy, regardless of the method of participation.
5. In respect of electronic services, these Terms supplement the Website Terms and Conditions available on the Website. The rules governing the processing of personal data are set out in the Privacy Policy available on the Website.
6. Participation in an Auction constitutes acceptance of these Terms, the Catalogue description of the relevant Lot and any Special Conditions applicable to the Auction.

§2 Definitions

1. For the purposes of these Terms, the following terms shall have the meanings set out below:
   a. Artbidy – BDB Investments Łukasz Kuca, acting as the organiser of an Auction, operator of the Website and, unless otherwise expressly indicated, as a commission agent selling a Lot in its own name but on behalf of the Consignor;
   b. Auction – a procedure for the sale of one or more Lots by means of competitive bidding, including a Public Auction or an Online Auction;
   c. Public Auction – an Auction conducted by an Auctioneer at a specified place and time, in which Bidders may participate in person or, where made available, by telephone, online or by submitting an Absentee Bid;
   d. Online Auction – an Auction conducted exclusively by electronic means through the Website, without the simultaneous physical presence of the Auctioneer and Bidders at the Auction venue;
   e. Auctioneer – a person authorised by Artbidy to conduct a Public Auction;
   f. Website – the Artbidy online platform available at https://artbidy.com, including its subpages, user accounts and electronic bidding system;
   g. Lot – an artwork, antique, collectible or other movable item offered for sale as a separate auction item;
   h. Consignor – the owner of a Lot or another person authorised to dispose of it, on whose behalf Artbidy offers the Lot for sale;
   i. Bidder – a person admitted to participate in an Auction who places or intends to place a Bid;
   j. Buyer – a Bidder whose Bid has been accepted as the highest successful Bid and with whom a contract of sale for the Lot has been concluded;
   k. Consumer – a natural person entering into a transaction with a business that is not directly related to that person’s business or professional activity;
   l. Entrepreneur with Consumer Rights – a natural person entering into a contract directly related to that person’s business activity, where the contract is not of a professional nature for that person, in particular having regard to the scope of activity disclosed in the Central Register and Information on Economic Activity;
   m. Catalogue – the description of an Auction and its Lots published by Artbidy on the Website or made available in printed or electronic form;
   n. Special Conditions – additional conditions applicable to a particular Auction or Lot, disclosed in the Catalogue or announced before the commencement of bidding;
   o. Bid – an offer made by a Bidder to purchase a Lot at the price indicated by the Bidder, excluding additional fees and charges;
   p. Hammer Price – the amount of the highest Bid accepted by the Auctioneer or the electronic bidding system, excluding the Buyer’s Premium and any other applicable fees and charges;
   q. Buyer’s Premium – Artbidy’s commission payable by the Buyer in addition to the Hammer Price;
   r. Purchase Price – the total amount payable by the Buyer, comprising the Hammer Price, the Buyer’s Premium and, where applicable, the Artist’s Resale Right royalty, Import Fee, taxes and other charges specified in these Terms, the Catalogue or the Special Conditions;
   s. Starting Price – the amount from which bidding for a Lot begins;
   t. Reserve Price – the confidential minimum price below which a Lot may not be sold without the consent of the Consignor;
   u. Estimate – a non-binding indication of the range within which Artbidy considers that the Hammer Price of a Lot may fall;
   v. Artist’s Resale Right or Droit de Suite – the royalty payable in connection with the professional resale of an original work of art, in accordance with applicable copyright legislation;
   w. Import Fee – an additional fee payable by the Buyer in relation to a Lot imported from outside the European Union under the margin scheme or other applicable customs and tax rules;
   x. Absentee Bid – an instruction authorising Artbidy to place Bids on behalf of a Bidder up to a specified maximum amount;
   y. Business Day – any day from Monday to Friday, excluding public holidays in Poland.

§3 Role of Artbidy and subject of sale

1. Unless otherwise expressly stated in the Catalogue, Artbidy acts as a commission agent within the meaning of the Polish Civil Code. Artbidy concludes the contract of sale in its own name but on behalf of the Consignor.
2. The identity of the Consignor may remain confidential, subject to mandatory provisions of law and obligations imposed on Artbidy by competent public authorities.
3. Artbidy may also offer Lots owned by Artbidy, its employees, associates or persons otherwise connected with Artbidy. Any such material interest shall be disclosed in the Catalogue where required by law or where it may materially affect a Bidder’s decision.
4. Each Lot constitutes a separate subject of sale. The invalidity, ineffectiveness, rescission or termination of a contract relating to one Lot shall not affect contracts relating to other Lots.

§4 Registration and admission to an Auction

1. Participation in an Auction may require:
   a. registration of an account on the Website;
   b. completion of an Auction registration form;
   c. acceptance of these Terms and the Privacy Policy;
   d. provision of correct and complete identification and contact details;
   e. verification of identity;
   f. provision of payment card details, a refundable deposit, a bank reference or other financial security;
   g. submission of any documents required under anti-money laundering, sanctions, tax or other applicable legislation.
2. A Bidder must have full legal capacity. A natural person with limited legal capacity may participate only to the extent permitted by law and after providing any legally required consent of their statutory representative.
3. A person acting on behalf of another person must disclose this fact before bidding and provide Artbidy, upon request, with an appropriate power of attorney and documents identifying the principal and the beneficial owner.
4. The Bidder is responsible for the accuracy and completeness of the information provided to Artbidy and must promptly notify Artbidy of any changes.
5. Artbidy may refuse registration, refuse admission to an Auction, limit a bidding amount or require additional security where justified, in particular where:
   a. the Bidder has not completed the verification process;
   b. the Bidder has previously failed to pay for or collect a purchased Lot;
   c. the Bidder has provided false, incomplete or inconsistent information;
   d. Artbidy is unable to complete the checks required by law;
   e. participation by the Bidder could expose Artbidy or the Consignor to legal, financial or reputational risk;
   f. there are reasonable grounds to suspect fraud, market manipulation, money laundering, sanctions violations or other unlawful activity.
6. Artbidy may establish an individual bidding limit for a Bidder. A request to increase the limit may be subject to additional verification or security.
7. Login credentials, bidding numbers and other means of identification are personal to the Bidder and must not be made available to third parties. The Bidder is responsible for Bids placed using their account or bidding number, unless the Bidder proves that they were used without authorisation for reasons for which the Bidder is not responsible.

§5 Catalogue, descriptions and inspection of Lots

1. Catalogue descriptions are prepared in good faith, on the basis of information available to Artbidy, the Consignor’s representations, specialist knowledge, available documentation and, where appropriate, expert opinions.
2. Information concerning the author, attribution, origin, provenance, date, technique, dimensions, condition, authenticity, literature, exhibitions and estimated value of a Lot constitutes an opinion based on the state of knowledge existing at the date of preparation of the Catalogue.
3. An Estimate is not a guarantee or assurance that a Lot will achieve a particular sale price. The final Hammer Price may be lower or higher than the Estimate.
4. Photographs and digital images are intended for identification and general presentation of a Lot. Differences in colour, brightness, proportions or the visibility of details may result from photographic conditions, lighting, screen settings or image compression.
5. Unless expressly stated otherwise, frames, mounts, pedestals, display cases and other presentation accessories form part of the Lot but may not have been separately examined or valued.
6. Lots are generally offered in their existing condition, taking into account their age, nature and previous use. They may show signs of wear, restoration, conservation, repair, modification, replacement, loss, contamination or other defects.
7. Artbidy may provide a condition report upon request. A condition report is an opinion intended to assist the Bidder and does not constitute an exhaustive description or a guarantee that the Lot is free from defects not mentioned in the report.
8. Bidders are encouraged to inspect Lots in person before bidding and, where appropriate, to obtain independent specialist advice. The inability or decision not to inspect a Lot does not release the Buyer from the obligations arising from a successful Bid, subject to mandatory consumer protection provisions.
9. Artbidy may, before the conclusion of bidding:
   a. supplement or correct a Catalogue description;
   b. publish or announce additional information;
   c. change the order of Lots;
   d. combine or divide Lots;
   e. withdraw a Lot from an Auction;
   f. suspend or cancel the bidding process.

Any material correction announced or published before the conclusion of bidding shall form part of the description of the Lot.

§6 Participation in an Auction and bidding rules

1. Depending on the type of Auction and the options made available by Artbidy, a Bidder may participate:
   a. in person at the Auction venue;
   b. through the Website;
   c. by telephone;
   d. by submitting an Absentee Bid;
   e. through another remote bidding system approved by Artbidy.
2. A Bid constitutes a binding offer to purchase the Lot at the amount of the Bid, together with all applicable fees and charges.
3. A Bid may not be withdrawn after it has been accepted by the Auctioneer or recorded by the electronic bidding system, except where mandatory provisions of law provide otherwise or where Artbidy expressly agrees to its withdrawal.
4. Artbidy may refuse a Bid that:
   a. is made after the close of bidding;
   b. is lower than the required bidding increment;
   c. exceeds the Bidder’s approved bidding limit;
   d. cannot be reliably attributed to a verified Bidder;
   e. results from an obvious error or technical malfunction;
   f. is suspected of being unlawful, fictitious or intended to manipulate the bidding process.
5. Unless otherwise specified by the Auctioneer, the Catalogue or the electronic system, the standard bidding increments are:

6. The Auctioneer may apply different increments where justified by the course of the Auction. The electronic bidding system may automatically apply the increments displayed on the Website.
7. In the case of competing Bids of the same amount, priority shall normally be given to the Bid received first, subject to the Auctioneer’s right to resolve any dispute concerning the course of bidding.
8. Artbidy may execute Absentee Bids and telephone Bids as a complimentary service. Artbidy shall exercise reasonable care but, to the fullest extent permitted by law, shall not be liable for failure to establish a connection, late receipt of an instruction, interruption of communication or an error that did not result from Artbidy’s wilful misconduct or gross negligence.
9. An Absentee Bid authorises Artbidy to bid on behalf of the Bidder up to the maximum amount specified in the instruction. Artbidy will seek to purchase the Lot at the lowest price permitted by competing Bids, the Reserve Price and applicable increments. The maximum amount specified in an Absentee Bid does not include the Buyer’s Premium or other charges.
10. Agreements between Bidders intended to suppress competition, refrain from bidding, artificially increase or decrease a price, divide Lots or otherwise manipulate an Auction are prohibited. Artbidy may exclude the persons concerned, cancel their Bids, refuse to conclude or perform a sale and notify the competent authorities.

§7 Public Auctions

1. A Public Auction is conducted by the Auctioneer, who is authorised to:
   a. open and close bidding;
   b. determine the amount of bidding increments;
   c. recognise or refuse Bids;
   d. resolve disputes concerning the course of bidding;
   e. withdraw or re-offer a Lot;
   f. suspend bidding;
   g. correct an obvious error;
   h. announce that a Lot remains unsold.
2. The Auctioneer may accept Bids placed in the auction room, by telephone, through the Website, under an Absentee Bid or through another approved communication channel.
3. The contract of sale is concluded when the Auctioneer accepts the highest Bid by bringing down the hammer or making another customary declaration confirming the sale.
4. If the Reserve Price has not been reached, the Auctioneer may declare the Lot “Pass”, “Unsold” or conditionally sold, subject to §9.
5. If a dispute arises immediately after the hammer falls, including where two or more Bidders claim to have placed the highest Bid, the Auctioneer may:
   a. determine the successful Bidder;
   b. continue bidding from the last undisputed Bid;
   c. cancel the result and re-offer the Lot.
6. The Auctioneer’s decision concerning the conduct of bidding is final for the purposes of the Auction, without prejudice to any rights arising under mandatory provisions of law.

§8 Online Auctions

1. To participate in an Online Auction, a Bidder must have an active account on the Website, complete any required verification and be admitted to the relevant Auction.
2. The Online Auction page specifies, in particular:
   a. the opening and scheduled closing time of bidding;
   b. the Starting Price;
   c. the current highest Bid;
   d. the applicable increment;
   e. the Buyer’s Premium and other applicable charges;
   f. information on any automatic extension of bidding.
3. A Bid is placed by selecting or entering the relevant amount and confirming the action using the button or function clearly indicating an obligation to pay, such as “Bid with an obligation to pay”.
4. The electronic system may enable a Bidder to enter a maximum Bid. In that case, the system automatically places Bids on the Bidder’s behalf, up to the specified maximum amount and only to the extent required to outbid competing Bids or reach the Reserve Price.
5. If two identical maximum Bids are submitted, priority shall be given to the Bid recorded first by the electronic system.
6. Where a Bid is placed within the period indicated on the Auction page immediately before the scheduled closing time, bidding may be automatically extended. The applicable extension period and the rules for any subsequent extensions shall be displayed on the Auction page.
7. Subject to the right of withdrawal described in §14, the contract of sale is concluded when the Online Auction closes and the electronic system confirms the Bidder as the Buyer. The confirmation sent by email is evidence of the conclusion of the contract but does not itself constitute a condition for its validity.

§9 Reserve Price, conditional sale and post-auction sale

1. A Lot may be subject to a confidential Reserve Price. Unless otherwise stated, the Reserve Price shall not exceed the lower amount of the published Estimate.
2. If the highest Bid is lower than the Reserve Price, the Lot may remain unsold or may be conditionally sold, subject to the Consignor’s approval.
3. In the case of a conditional sale:
   a. the Bidder remains bound by the Bid for the period specified by Artbidy, not exceeding 10 Business Days, unless another period was agreed with the Bidder;
   b. the contract of sale is concluded when Artbidy notifies the Bidder that the Consignor has accepted the Bid;
   c. if the Consignor does not accept the Bid within the applicable period, the Bid ceases to be binding.
4. Artbidy may offer an unsold Lot for post-auction sale. Unless otherwise agreed, the Buyer’s Premium and all other fees applicable to the Auction shall also apply to a post-auction sale.

§10 Purchase Price, Buyer’s Premium and other fees

1. The Buyer is required to pay the Purchase Price, comprising:
   a. the Hammer Price;
   b. the Buyer’s Premium;
   c. the Artist’s Resale Right royalty, where applicable;
   d. the Import Fee, where applicable;
   e. any taxes, customs duties, delivery, storage, insurance or other charges indicated in the Catalogue, the Special Conditions or these Terms.
2. Unless another rate is specified in the Catalogue or the Special Conditions, the Buyer’s Premium is 20% of the Hammer Price. The stated rate is a gross rate inclusive of value added tax applicable to Artbidy’s commission.
3. The Buyer’s Premium is payable by every Buyer, irrespective of the method of participation in the Auction.
4. Where a Lot is marked as subject to the Artist’s Resale Right, the Buyer shall pay the royalty in accordance with applicable law. The royalty shall be calculated on the basis of the sale price, excluding tax, using the following rates:

5. The total Artist’s Resale Right royalty may not exceed the maximum amount prescribed by law. Amounts expressed in euro shall be converted into Polish zloty in accordance with the exchange rate required under applicable law.
6. Where a Lot has been imported from outside the European Union and is marked in the Catalogue accordingly, an Import Fee of 8% of the Hammer Price shall be added to the Purchase Price, unless a different rate is stated in the Catalogue or the Special Conditions.
7. The Catalogue may specify a different Buyer’s Premium, Import Fee or other charges for a particular Auction or Lot. Such information takes precedence over the general rates specified in these Terms.
8. Before placing a Bid, the Bidder should review the information on all fees applicable to the Lot. If the Website presents a total amount or fee calculator, the information is provided for guidance and does not affect charges arising directly under applicable law.

§11 Payment and consequences of non-payment

1. The Buyer must pay the full Purchase Price within 7 days of the conclusion of the contract of sale, unless another payment deadline is indicated in the Catalogue, invoice or Special Conditions.
2. Payment may be made using the methods made available by Artbidy, in particular:
   a. bank transfer;
   b. payment card;
   c. an electronic payment service;
   d. another method individually approved by Artbidy.
3. All bank charges, currency conversion costs and payment service fees charged to the Buyer are borne by the Buyer. Payment is deemed made when the full amount is credited to Artbidy’s bank account or confirmed by the relevant payment service.
4. Artbidy may refuse cash payments or payments made by a third party. Acceptance of a third-party payment may be conditional upon verification of the payer and the source of funds.
5. Title to the Lot shall pass to the Buyer only upon payment of the full Purchase Price, unless mandatory provisions of law provide otherwise. The risk of accidental loss of or damage to the Lot passes in accordance with applicable law, taking into account the Buyer’s consumer status and the agreed method of delivery.
6. If the Buyer fails to pay the Purchase Price on time, Artbidy may, subject to mandatory provisions of law:
   a. demand payment together with statutory interest for delay;
   b. withhold delivery of the Lot and any other Lots purchased by the Buyer;
   c. set an additional deadline for payment;
   d. apply any deposit or other funds belonging to the Buyer towards the outstanding amount;
   e. withdraw from or terminate the contract of sale;
   f. resell the Lot by auction or private sale;
   g. claim damages, including any difference between the original Purchase Price and the price obtained on resale, as well as reasonable costs of storage, insurance, transport, debt recovery and resale;
   h. suspend or close the Buyer’s account and refuse admission to future Auctions.
7. Any surplus obtained on resale, after deduction of all amounts due to Artbidy, shall not be payable to the defaulting Buyer unless mandatory provisions of law provide otherwise.

§12 Delivery, collection, transport and storage

1. A Lot may be collected only after the Purchase Price has been paid in full and any required verification has been completed.
2. Unless otherwise agreed, the Buyer must collect the Lot within 14 days of payment or within another period indicated by Artbidy.
3. A Lot may be released:
   a. to the Buyer;
   b. to a person holding written authorisation from the Buyer;
   c. to a carrier appointed by the Buyer or Artbidy.

Artbidy may require the person collecting the Lot to present an identity document.

4. Packaging, transport, insurance, customs clearance and delivery are not included in the Purchase Price unless expressly stated otherwise. At the Buyer’s request, Artbidy may provide assistance in arranging these services at the Buyer’s cost and risk.
5. Where a Consumer chooses a method of delivery offered by Artbidy, the risk of accidental loss of or damage to the Lot passes to the Consumer upon delivery of the Lot to the Consumer or to a third party designated by the Consumer, other than the carrier. If the Consumer independently appoints a carrier not offered by Artbidy, the risk passes upon delivery of the Lot to that carrier.
6. If the Buyer fails to collect the Lot on time, Artbidy may place it in storage at the Buyer’s cost and risk. Artbidy shall inform the Buyer of any applicable storage charges before they are incurred, where required by law.
7. If the Lot remains uncollected despite an additional appropriate deadline, Artbidy may exercise the rights provided for in §11(6), subject to mandatory provisions of law.

§13 Authenticity, conformity with the contract and complaints

1. Artbidy shall exercise due professional care in preparing Catalogue descriptions and offering Lots for sale.
2. The authenticity of a Lot shall be assessed taking into account the Catalogue description, any corrections announced before the close of bidding and the accepted standards of the relevant field of art or collecting.
3. Expressions such as “attributed to”, “workshop of”, “school of”, “circle of”, “manner of”, “after”, “signed”, “bears a signature” or similar expressions have the meaning customarily accepted in the art market and do not constitute an unequivocal statement that a work was created personally by the named artist.
4. Natural wear, ageing, patina, craquelure, minor losses, earlier conservation, restoration and other features consistent with the nature and age of a Lot do not in themselves constitute non-conformity with the contract where they were disclosed, were apparent or could reasonably be expected in relation to an item of that type.
5. In relation to Consumers and Entrepreneurs with Consumer Rights, Artbidy shall be liable for the conformity of goods with the contract in accordance with mandatory provisions of Polish law. Nothing in these Terms excludes or limits rights that may not lawfully be excluded or limited.
6. In relation to Buyers who are neither Consumers nor Entrepreneurs with Consumer Rights, Artbidy’s liability under the statutory warranty for defects is excluded to the fullest extent permitted by law. This exclusion does not apply where Artbidy fraudulently concealed a defect.
7. A complaint should include, where possible:
   a. the Buyer’s name and contact details;
   b. the Auction and Lot number;
   c. a description of the alleged defect or non-conformity;
   d. the date on which the issue was discovered;
   e. photographs or other available evidence;
   f. the remedy requested by the Buyer.
8. Complaints may be submitted by email to contact@artbidy.com or in writing to Artbidy’s postal address. Artbidy may request that the Lot be made available for inspection or examination by an independent expert.
9. A Buyer who suspects that a Lot is not authentic must refrain from altering, repairing, restoring, cleaning or otherwise interfering with it and must secure all documents and packaging received with the Lot.
10. Artbidy shall respond to a Consumer’s complaint within the period required by applicable law. For other Buyers, Artbidy shall respond without undue delay, taking into account the nature of the case and the need to obtain a specialist opinion.

§14 Consumer right of withdrawal

1. A Consumer or Entrepreneur with Consumer Rights who concludes a distance contract may have a statutory right to withdraw from the contract without giving any reason within 14 days, subject to the exceptions specified below.
2. The right of withdrawal does not apply to a contract concluded by way of a public auction within the meaning of applicable consumer protection legislation, where the Consumer or Entrepreneur with Consumer Rights had the opportunity to attend the Auction in person.
3. Consequently, the statutory right of withdrawal does not apply to Lots purchased at a Public Auction, including where the successful Bid was placed remotely by telephone, online or under an Absentee Bid, provided that the Auction met the statutory requirements of a public auction.
4. The right of withdrawal may apply to a Lot purchased through an Online Auction conducted exclusively by electronic means, unless another statutory exception applies.
5. The withdrawal period expires 14 days after the day on which the Consumer or Entrepreneur with Consumer Rights, or a third party designated by that person other than the carrier, takes possession of the Lot.
6. To exercise the right of withdrawal, the entitled person must inform Artbidy of the decision to withdraw by an unequivocal statement sent, for example, by post or email. The model form in Appendix 1 may be used but is not mandatory.
7. In the event of an effective withdrawal:
   a. Artbidy shall reimburse the payments received, including the cost of the least expensive standard delivery method offered by Artbidy, within the period required by law;
   b. Artbidy may withhold reimbursement until it has received the Lot or the entitled person has supplied evidence of having sent it back, whichever occurs first;
   c. the Lot must be returned without undue delay and no later than 14 days after communicating the decision to withdraw;
   d. the direct cost of returning the Lot is borne by the person exercising the right of withdrawal, unless Artbidy agreed to bear that cost or failed to provide the information required by law;
   e. the person exercising the right of withdrawal is liable for any diminished value of the Lot resulting from handling beyond what was necessary to establish its nature, characteristics and functioning.

§15 Anti-money laundering and sanctions compliance

1. Artbidy applies measures required under legislation concerning the prevention of money laundering and terrorist financing, international sanctions, tax compliance and trade restrictions.
2. Artbidy may require a Bidder, Buyer, Consignor, representative, payer or beneficial owner to provide, in particular:
   a. an identity document;
   b. residential or registered address;
   c. information concerning citizenship, tax residence or business activity;
   d. corporate registration documents;
   e. information concerning the beneficial owner;
   f. information and documents concerning the source of funds or source of wealth;
   g. an explanation of the purpose and intended nature of the transaction.
3. Artbidy may suspend registration, bidding, payment, release of a Lot or performance of a transaction until the required verification has been completed.
4. Artbidy may refuse or terminate a transaction where required by law, a decision of a competent authority, applicable sanctions or Artbidy’s internal compliance procedures based on a justified assessment of legal risk.
5. Where required by law, Artbidy may provide information concerning a transaction or its participants to competent authorities without informing the person concerned, if such notification is prohibited.

§16 Cultural property, export restrictions, CITES and museum rights

1. The Buyer is responsible for obtaining any permits, certificates or authorisations required for the export, import, transport or possession of a Lot, including under legislation concerning the protection of cultural property, customs law and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
2. A refusal to issue, delay in issuing or revocation of a permit does not release the Buyer from the obligation to pay the Purchase Price and does not constitute grounds for cancelling the sale, unless mandatory provisions of law provide otherwise.
3. Certain Lots may be subject to statutory export restrictions, registration obligations, restitution claims, conservation requirements or other public-law limitations. Relevant information known to Artbidy shall be included in the Catalogue where appropriate, but the Bidder should independently verify the requirements applicable to the intended destination and use of the Lot.
4. Where an authorised museum exercises a statutory right of pre-emption in accordance with Polish law, the museum acquires the Lot under the conditions of the highest accepted Bid. In such a case, the original highest Bidder does not become the Buyer and is not entitled to delivery of the Lot.

§17 Electronic services, technical requirements and personal data

1. Artbidy provides electronic services consisting, in particular, of maintaining a user account, enabling registration for Auctions, providing access to Catalogue information, accepting Bids and sending transaction-related notifications.
2. Use of the Website requires:
   a. a device with internet access;
   b. an up-to-date web browser supporting JavaScript and cookies;
   c. an active email address;
   d. software enabling the display of the content made available through the Website.
3. The user must not:
   a. provide unlawful content;
   b. interfere with the operation or security of the Website;
   c. use automated tools to manipulate bidding or obtain unauthorised access;
   d. impersonate another person;
   e. infringe intellectual property rights or the rights of other users.
4. Artbidy may temporarily restrict access to the Website where necessary for maintenance, security, updates or the removal of a failure. Where reasonably possible, planned interruptions shall be announced in advance.
5. Artbidy is not liable for interruptions or errors resulting from circumstances beyond its reasonable control, including failures of telecommunications networks, payment operators, external hosting services or the Bidder’s equipment. This provision does not exclude liability that may not lawfully be excluded.
6. Personal data is processed in accordance with the Privacy Policy available on the Website. Auction participants may receive legally required information and statements on a durable medium, including by email.

§18 Out-of-court complaint and redress procedures

1. A Consumer may use out-of-court complaint and redress procedures, including assistance provided by competent consumer ombudsmen and consumer organisations.
2. Information on available consumer dispute resolution procedures may be obtained from the website of the Polish Office of Competition and Consumer Protection and from the competent provincial inspectorates of the Trade Inspection Authority.
3. Participation by Artbidy in an out-of-court dispute resolution procedure is voluntary unless such participation is required by mandatory provisions of law.

§19 Amendments, governing law and final provisions

1. Artbidy may amend these Terms for important reasons, including:
   a. a change in applicable law or its binding interpretation;
   b. a change in the scope or method of providing services;
   c. the introduction of new types of Auctions, payment methods or technical functionality;
   d. the need to improve security or prevent abuse;
   e. a change in Artbidy’s business or contact details.
2. Amendments shall not affect contracts of sale concluded before the amended Terms enter into force, unless mandatory provisions of law require otherwise.
3. Registered users shall be informed of material amendments concerning continuing electronic services on a durable medium. A user who does not accept an amendment may terminate the continuing electronic service before the amendment enters into force.
4. Polish law shall apply to these Terms and contracts concluded under them. This choice of law does not deprive a Consumer habitually resident in another country of the protection afforded by provisions that cannot be derogated from by agreement under the law that would otherwise apply.
5. Disputes shall be submitted to the competent court determined in accordance with applicable law. In relation to Buyers who are neither Consumers nor Entrepreneurs with Consumer Rights, the court having jurisdiction over Artbidy’s principal place of business shall have exclusive jurisdiction, to the extent permitted by law.
6. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in force. The invalid or unenforceable provision shall be replaced by the applicable rule of law or interpreted, to the extent legally permissible, in a manner that most closely reflects its economic purpose.

Appendix 1 – Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract and are legally entitled to do so.

Addressee:

BDB Investments Łukasz Kuca
ul. Nowomiejska 9
96-100 Skierniewice
Poland
Email: contact@artbidy.com

I/We hereby give notice that I/we withdraw from my/our contract of sale for the following Lot(s):

…………………………………………………………………………

Auction name or number:

…………………………………………………………………………

Lot number:

…………………………………………………………………………

Date of conclusion of the contract/date of receipt:

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Name of Consumer(s):

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Address of Consumer(s):

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Email address or telephone number:

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Signature of Consumer(s), if the form is submitted on paper:

…………………………………………………………………………

Date:

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