Galerie ARCIMBOLDO, s.r.o. U měšťanského pivovaru 1507/6, Holešovice, 170 00 Prague 7, Czech Republic IČ: 28905547 | DIČ: CZ28905547 Registered in the Commercial Register kept by the Municipal Court in Prague www.arcimboldo.cz
1. General
Galerie ARCIMBOLDO, s.r.o. (hereinafter "Arcimboldo") organises and conducts sales of works of art and other movable property by way of private auction. These sales are not public auctions within the meaning of Czech Act No. 26/2000 Coll. or Act No. 250/2023 Coll.; they are governed by Section 1771 of the Czech Civil Code (Act No. 89/2012 Coll.) and by these Conditions of Sale. Arcimboldo acts as a commissioning agent on behalf of consignors, who remain anonymous, or sells items from its own inventory. In either case, all rights and obligations arising from the sale vest directly in Arcimboldo.
2. Catalogue and Condition of Lots
All lots offered for sale are described in the auction catalogue, available at www.arcimboldo.cz. Catalogue descriptions — including attributions of authorship, authenticity, technique, provenance, date and condition — represent Arcimboldo's professional opinion and are provided for information purposes only; they do not form part of any contractual warranty. All lots are offered as used goods in the condition in which they are found. Condition reports are available on request. Bidders are strongly encouraged to inspect lots in person prior to the auction, either during the pre-sale exhibition or by individual appointment arranged by telephone or email. Arcimboldo reserves the right to amend catalogue descriptions before the commencement of bidding. Frames are not included in the hammer price unless expressly stated. Arcimboldo accepts no liability for printing errors or colour deviations in the catalogue or on its website.
3. Cultural Property
Lots designated as cultural monuments under Czech law are marked with the letter "P" in the catalogue. Export of such lots from the Czech Republic requires prior approval from the competent authorities. Arcimboldo gives no guarantee that an export licence or any other administrative permit will be granted.
4. Registration
All bidders must register before participating in any auction. Registration is at Arcimboldo's discretion and may be refused without giving reasons. Individual bidders must be at least 18 years of age. Corporate bidders must be represented by a duly authorised person. At registration, bidders are required to provide a valid identity document and, where applicable, a current extract from the commercial register. Remote registration is available upon submission of a copy of an identity document, a completed registration form and a bank account statement, or by making a verification payment of CZK 3 to Arcimboldo's account. For transactions of CZK 10,000 or more, Arcimboldo is required to verify the identity of the buyer in accordance with Czech Act No. 253/2008 Coll. (AML legislation). Bidders must notify Arcimboldo without delay of any changes to their registered details. Arcimboldo reserves the right to cancel a registration at any time if any registered detail proves to be false or if a bidder is found to have acted improperly at any comparable sale.
5. Deposit
Arcimboldo may require a deposit of up to 50% of the starting price as a condition of participation in a saleroom auction or for lots with a starting price exceeding CZK 50,000. No deposit is normally required for online auctions. Deposits of unsuccessful bidders are returned within 5 working days of the close of the auction.
6. Online Auctions
Online auctions are Arcimboldo's primary sale format. They are conducted through Arcimboldo's own website (www.arcimboldo.cz), the platform Livebid.cz, or the platform Invaluable (www.invaluable.com). Each online auction has a fixed closing time as stated in the catalogue. Bidders may place a bid or set a maximum limit at any time; the system will bid automatically on their behalf up to that limit. If a bid is placed within 3 minutes of the scheduled closing time, the auction is automatically extended by 1 minute, repeatedly until no further bids are received. Telephone bidding is not available for online auctions. Arcimboldo accepts no responsibility for technical difficulties or loss of internet connection on the bidder's side.
7. Saleroom Auctions
Saleroom auctions are conducted in person before an audience of registered bidders or their representatives, under the direction of an auctioneer. The hammer falls when no higher bid is received after three calls. The auctioneer has sole discretion over the order and validity of all bids. Where two or more bidders submit identical bids simultaneously, the auctioneer decides. Where a higher bid has been overlooked, the auctioneer may immediately revoke the hammer and reopen bidding, provided the next lot has not yet commenced. Any objection to the conduct of bidding must be raised immediately in the saleroom, in a visible and audible manner; later objections will not be considered. Every saleroom auction is preceded by a pre-bidding phase conducted online at www.arcimboldo.cz, during which registered bidders may submit limits for individual lots. The highest limit received determines the starting price in the saleroom. Bidders with registered limits who are not otherwise present are treated as the successful bidder if no higher bid is made in the room.
8. Absentee and Telephone Bids
Absentee and telephone bids are accepted for saleroom auctions only. Requests must be received by Arcimboldo no later than 18:00 on the working day preceding the auction. An absentee bid is a written instruction to bid up to a specified maximum; bids reading "best price" or "no limit" are not accepted. Arcimboldo will not bid beyond the stated limit. Where two identical absentee bids are received, priority goes to the one received first. Telephone bidding requires prior written agreement. Arcimboldo will call the bidder at the number provided immediately before the relevant lot is offered. The bidder is responsible for the availability of the stated number. Calls are recorded for the protection of both parties; recordings are used solely for the resolution of disputes and will not be disclosed to third parties. Arcimboldo accepts no liability for failed or interrupted telephone connections. Where a telephone bidder and a saleroom bidder submit identical bids, the saleroom bid takes precedence. Bid forms are available at www.arcimboldo.cz. By submitting an absentee or telephone bid, the bidder undertakes to purchase the lot at a minimum of the starting price plus buyer's premium and VAT, even if no other bidder participates. Participation by absentee or telephone bid does not constitute a distance contract; all bids are irrevocable and binding.
Current Bid / Minimum Increment
up to CZK 10,000 / CZK 500
CZK 10,000 – 49,999 / CZK 1,000
CZK 50,000 – 99,999 / CZK 5,000
CZK 100,000 – 499,999 / CZK 10,000
CZK 500,000 – 999,999 / CZK 50,000
CZK 1,000,000 – 9,999,999 / CZK 100,000
CZK 10,000,000 and above / CZK 250,000
10. Buyer's Premium and Payment
The successful bidder pays the hammer price plus a buyer's premium of 25%, rounded up to the nearest CZK 50. The premium includes VAT at the applicable statutory rate and any artist's resale right (droit de suite). Where the sale is conducted through the Invaluable platform, an additional platform surcharge of 3% of the hammer price applies, bringing the total premium to 28%.
An invoice is sent by email on the working day following the auction. Payment is due within 10 working days of the close of the auction.
Payment may be made by:
Payment in euros is accepted at the Czech National Bank exchange rate on the date of the auction. The buyer bears all bank charges and exchange rate differences.
11. Transfer of Title and Risk
The hammer creates a binding obligation to purchase. Title passes to the buyer only upon receipt of full payment. Until full payment is received, the lot remains the property of Arcimboldo. Risk passes to the buyer at the moment title transfers. After that point, lots are no longer covered by Arcimboldo's insurance.
12. Default
If payment is not received within the prescribed period, Arcimboldo will issue a written demand and allow a further grace period of at least 10 days. If payment is still not made, Arcimboldo may withdraw from the sale and is entitled to: a contractual penalty equal to 50% of the starting price; full damages including lost profit and costs; and statutory default interest. Any deposit paid may be set off against these amounts. An unpaid lot may be re-offered at auction without prejudice to the rights of the consignor.
13. Collection
Purchased lots must be collected within 20 days of full payment, from Galerie ARCIMBOLDO, U měšťanského pivovaru 1507/6, Prague 7, on working days between 10:00 and 17:00. Collection by an authorised representative is permitted on presentation of a power of attorney with a certified signature. All shipping costs are borne by the buyer. Arcimboldo accepts no liability for loss or damage once a lot has been handed to a carrier. Free storage is provided for 20 days from the date of full payment; thereafter a storage fee of 0.01% of the total price per commenced day applies. If a lot remains uncollected 60 days after the auction, Arcimboldo will issue a final written notice with a minimum 30-day deadline; if the lot is still not collected, Arcimboldo may withdraw from the sale and resell the lot, returning the purchase price to the buyer within 5 working days.
14. Warranties and Complaints
Arcimboldo gives no warranty as to the condition, authenticity or fitness for purpose of any lot. All lots are sold as seen. By bidding on a lot, the successful bidder waives all rights arising from defective performance under Czech law. Upon collection, buyers must inspect their lot and report any damage not described in the catalogue immediately; later complaints may not be considered. Complaints regarding lots purchased in person at a saleroom auction are not accepted after the sale. For lots purchased by absentee or telephone bid, complaints must be raised at the time of collection. Arcimboldo will endeavour to resolve all complaints within 14 days.
15. Data Protection
Personal data provided at registration are processed solely for the purposes of conducting the auction and fulfilling payment obligations, in accordance with applicable Czech and EU data protection law. Data are not shared with third parties. Further information is available at www.arcimboldo.cz.
16. Governing Law
These Conditions of Sale are governed by the law of the Czech Republic. The courts of the Czech Republic have exclusive jurisdiction over any dispute arising from or in connection with a sale conducted by Arcimboldo. These Conditions take effect on the date of their publication at www.arcimboldo.cz and apply to all sales held thereafter.
Galerie ARCIMBOLDO, s.r.o. | U měšťanského pivovaru 1507/6, Holešovice, 170 00 Praha 7 | IČ: 28905547 | DIČ: CZ28905547 | www.arcimboldo.cz