Terms and conditions / auction rules

TERMS AND CONDITIONS VALID AND EFFECTIVE FROM Oct 25, 2020

INITAL PROVISIONS 

1. These terms and conditions (hereinafter referred to as "T&C" or "terms") and the auction rules regulate the rules for the use of the web portal https://www.filatelie-flaska.cz/ by its users and the conditions for participation of registered auction participants in electronic auctions conducted through the portal https://www.filatelie-flaska.cz/.
    
2. These T&C are governed by § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended, and are an integral part of the purchase agreement concluded between the trading company Filatelie Praha s.r.o., identification number 045 06537, based at Sokolská 1605/66, Nové Město, ZIP Code 120 00 Prague 2 (hereinafter referred to as the "operator") registered in the commercial register maintained by the Municipal Court in Prague, section C, file no. 248738 and a participant in the auction. The auction participant confirms that they have properly familiarized themselves with these terms and conditions.
    
3. The auction operation is governed by the auction software application used. The provisions of Act No. 26/2000 Coll., on public auctions, as amended, do not apply to the internet auction.
    
4. The auction is organized as a so-called English auction. In an English auction, the bidding starts from a predetermined starting price (minimum price) upwards in increments of individual bids. The auction participant who offers the highest bid becomes the winner of the auction.

 

DEFINITIONS 

1. Internet auction – a selection process accessible through the link: https://www.filatelie-flaska.cz/ where internet auction participants interested in buying an item in the internet auction take part, the purpose of which is to ensure a selection from potential buyers (participants in the Internet auction) to the operator, according to the criterion of the highest bid. During the Internet auction, Participants bid their purchase price offers. The Internet auction participant who submits the highest bid is the winner.
    
2. Participant (in the Internet auction) – person registered with the Operator who makes bids while participating in the Internet auction.
    
3. Operator – person authorized to sell the Item listed in the Internet Auction.
    
4. Item in the Internet auction - philatelic items offered for sale through the Internet auction.
    
5. Starting price – the price at which the Operator starts the Internet auction.
    
6. Offer – a price offer for the Item in the Internet auction made by the Participant during the auction; the offer cannot be withdrawn.
    
7. Internet auction Winner – Internet auction Participant who fulfilled the conditions for participation in the auction and made the highest bid in the Internet auction.
    
8. Minimum purchase price – an amount set by the Operator which determines the lowest price for which the Operator is willing to sell the Item in the Internet auction.

 

RIGHTS AND OBLIGATIONS OF THE INTERNET AUCTION PARTICIPANT 

1. The Internet auction Participant is obliged to register with the Operator. Registration is done on the www.filatelie-flaska.cz website. Registration must be approved by the Operator.
    
2. After the Participant registers once, this registration is valid for all Internet auctions subsequently announced by the Operator.
    
3. Every person with legal capacity is entitled to participate in the Internet auction. Participation in the Internet auction is free of charge.
    
4. The Participant is obliged to notify the Operator of any change in his identification data without undue delay.
    
5. By registering with the Operator, the Operator and the Participant of the Internet auction conclude a contract, the content of which is made up of these Terms and Conditions. The Operator will confirm the conclusion of the contract to the Participant by notification via e-mail.
    
6. Hidden defects can be claimed for auction items purchased in the Internet auction. Defects obvious from the description or from the photo cannot be claimed.
    
7. Lots marked "KVP" cannot be claimed for quality, only for their authenticity. Auction Items marked Collections, Bundle (or individual items from them) of stamps cannot be claimed under any circumstances.  Claimed Items must always be in their original condition as they were auctioned.
    
8. The auction Participant (consumer) has the right to withdraw from the contract within fourteen days from the date of conclusion of the contract with the Operator; within this period the withdrawal from the contract the Operator must be notified in writing via e-mail or by sending a note to the address of its registered office.
    
9. In the case of doubts about the authenticity of the stamps, the Operator must be notified in writing of the suspected authenticity of the stamps within 14 (fourteen) days from the date of receipt, and in the event that the Participant submits an expert opinion from a philatelic expert within 40 (forty) days, the Participant is subsequently entitled to withdraw from the contract. The Operator will transfer the total price of the auctioned item to the Participant without undue delay.

 

RIGHTS AND OBLIGATIONS OF THE OPERATOR 

1. The Operator is not responsible for the seriousness of the bids made by the Participants of the Internet auction and is not responsible for the defects of the individual auction items or the any rights attached to them.
    
2. The Operator is entitled to cancel the Internet auction before its start, during the auction and after it ended, especially for technical reasons.
    
3. The Operator does not guarantee the absolute functionality of the auction system, especially with regard to the unlimited availability of the application from the Internet and is not responsible for failure to perform individual operations, impossibility to use or unavailability of the application, if the cause is beyond the control of the Operator. The Operator is entitled to modify the system at any time and disable the system for the duration of the modifications.

4. For all auction items, a commission is added to the auctioned price in the amount of (14% + 21% VAT), a total of 16.94% incl. VAT

5. The Operator accepts items for sale in Internet auctions throughout the year. The Operator concludes a written agency contract with the supplier.
6. The Operator has the right to reject the items offered for auction. If both parties agree, the Operator can ensure verification of authenticity or attestation at the expense of the supplier. The supplier will receive a written confirmation for all material accepted by the Operator for the auction. The commission from the final price is 0% - 15% depending on the volume and types of goods.
    
7. The auction operator is a VAT payer. Sellers from non-EU countries are obliged to pay a reduced 15% VAT rate from the final value of the sold goods according to Section 90 of the Customs Tariff. The amount is paid by the Operator and deducted from the final invoice of the auction Participant.
    
8. If the owner withdraws from the sale before the start of the auction, the owner shall pay the Operator a handling fee of CZK 50 + VAT and 5% of the reserve price + VAT.

 

INTERNET AUCTION PROCEDURE 

1. The Internet auction starts at the moment determined by the Operator. From this moment, Internet auction Participants can make their bids. Each bid must be higher than the previous bid. After the Internet auction period has elapsed, the auction is closed. The Participant who offers the highest price becomes the winner of the Internet auction.
    
2. Auctioned items are sent via postman with shipping insurance or as cash on delivery after the appropriate amount has been paid. Postage and packaging are added to the price.
    
3. Price of postage and packaging service: Shipment value up to CZK 3,000 - registered letter CZK 80 / abroad CZK 140. Shipment value CZK 3,000 – CZK 50,000 - with shipping insurance CZK 120 / abroad CZK 200 - Shipment value over CZK 50,000 - with shipping insurance CZK 190 / abroad CZK 300. Basic postage plus surcharge per sheet / smaller collection CZK 50 / abroad CZK 150; larger collection CZK 200 / abroad CZK 500. Pick-up in person is free of charge.
4. Cash on delivery is a CZK 30 surcharge. We ship abroad upon prior agreement. Shipping collections - individually depending on value and weight. Cash on delivery may be refused for collections. We do not provide cash on delivery abroad.
5. Auction listing must be paid within ten (10) days after the end of the auction. Upon prior agreement, purchases can be made in installments or by credit for stamps delivered for a past or future auction.
    
6. The Operator reserves the right to withdraw from the contract in the event of a technical problem occurring during the online auction.
    
7. The requested prices are given in CZK. Bid increases are governed by the scale shown below
    

   0 Kč	90 Kč	10 Kč
   100 Kč	180 Kč	20 Kč
   200 Kč	350 Kč	50 Kč
   400 Kč	1900 Kč	100 Kč
   2000 Kč	3800 Kč	200 Kč
   4 000 Kč	9 500 Kč	500 Kč
   10 000 Kč	39 000 Kč	1000 Kč
   40.000 Kč	98 000 Kč	2000 Kč
   100 000 Kč	195 000 Kč	5000 Kč
   250 000 Kč	500 000	10 000 Kč
   nad 500 000Kč		20 000 Kč
   nad 1 500 000 Kč		50 000 Kč

   
    
8. The Operator undertakes to conduct the auction responsibly, honestly and by using his professional knowledge and technical equipment.  The description of the auction items is performed by the Operator.
    
9. The Operator is not responsible for the truthfulness and completeness of the information provided by the owners; the descriptions are made according to his professional knowledge and to the best of his knowledge, but their correctness cannot be guaranteed.
    
10. In accordance with § 1752 of Act No. 89/2012 Coll., the Civil Code, the Operator reserves the right to change, supplement or cancel individual provisions of these T&C. The Operator undertakes to publish such change in an appropriate manner without undue delay.

 

PRIVACY POLICY 

1. In accordance with Act No. 101/2000 Coll., Protection of Personal Data, as amended, the auction Participant hereby grants the Operator consent to the processing and recording of personal data that they have provided to the Operator in connection with this contract, primarily for the purpose of sending offers of services or information.
    
2. The auction Participant expressly grants the Operator consent to record a photocopy of their identity card in accordance with the law.

Explanations / abbreviations of experts

xx – unused – fresh glue without sticker

x – unused – glue with a sticker or a trace of it

(x) without glue

ZT – test print

DV – plate defect

Dč – plate number

ST – connected types

NZ – testing by an expert on demand

NZZ – testing by an expert on demand free of charge

NP – expert opinion on demand

NPZ – expert opinion on demand

zk. – tested

TL – press sheet

PL – partition sheet

pk. – watermark

dv – minor defect

dvp – minor paper defect

dvl – minor glue defect

KVP – quality up for inspection

kzy – short teeth

Be – Beneš

Fi – Fischmeister

Gi – Gilbert

Ka – Karásek

Kva – Kvasnička

Le – Lešetický

Mr – Mrňák

Pi – Pittermann

Stu – Stupka

Ša – Šablatúra

Thu – Štolfa

Ška – Škaloud

Vr – Vrba