The procedure for purchasing, payment, delivery, and complaints regarding the products offered on these pages is described in Artmark’s Auction Rules. The Artmark Croatia d.o.o. website may be used for your private use without any usage fees, in accordance with the terms and rules described on Artmark’s website. For more information about purchasing, payment, delivery, complaints, and copyright protection, please review Artmark’s Auction Rules.
Purchases are made by participating in an auction through the methods described in the Auction Rules. Participation in an auction is carried out by raising a bidding paddle, physically or online, which contains the registration number of the participant in the respective auction, as a response to the bid increase requested by the auctioneer. The lot is awarded to the participant who offers the highest price when all conditions are met: the auctioneer calls out “sold” and strikes the auction hammer. The highest bid represents an irrevocable offer to purchase under the terms of these rules. The obligation to pay the hammer price constitutes an undisputed, liquid, and enforceable claim. The hammer price, whether the starting price or the auctioneer’s increment, will be increased by the auction fee. The auction fee usually includes VAT (VAT included) and all other obligations related to the transaction in the jurisdiction of the sale. In Romania, in the case of fine art, according to law, a special fee of 0.5% for visual artists is added; likewise, in all jurisdictions, in the case of decorative art objects and jewelry containing precious or semi-precious stones, a gemological certificate fee of 0.5% per lot is added, but not less than €11 per lot. The starting price and the hammer price are expressed in euros, which will serve as the currency for calculating the starting price and the hammer price respectively. The auction fee differs from one jurisdiction to another, depending on market organization costs. In Croatia, it is 22% of the hammer price; in Romania, the fee is 20% of the hammer price; in Bulgaria, the fee is 18% of the hammer price.
The awarded artwork or collectible item must be paid for by the buyer within one week of the award. Payment shall be made by residents in the national currency, or in EUR or USD for non-residents. Payment may be made: a) in cash at the House’s cashier desk, for amounts that do not exceed the amount provided by law, from time to time; b) by bank transfer, using the details stated on the invoice; and c) by bank card, with Mastercard and Visa cards accepted. The Auction House may, in situations involving, but not limited to, new bidders, bids of significant value, forced auction sales, or other special circumstances, request instruments or proof of financial stability, such as: advance deposits, bank guarantees, deposits, or securities, with the obligation to return such instruments within 3 days of the auction or, in the case of a successful award, of the corresponding payment.
The artwork or collectible item may be collected immediately after receipt of the invoiced amount, or within 3 days in the case of collectible vehicles. In the case of payment in cash or by bank card, invoicing and payment of the awarded lot may be carried out during or after the end of the auction at the auction venue, or after the auction at the House’s premises. In the case of payment by bank transfer, the invoice may be collected at the auction venue or after the auction at the House’s premises, or it may be sent by email.
Delivery of paid lots takes place at the location of the auction organizer/economic operator, with transport being the buyer’s responsibility. Transport of the paid lot within the country of the Artmark operator from which the lot was awarded shall be carried out using Artmark’s specialized means of transport if the value of the lots awarded in the monthly auction exceeds, without adding the auction fee, the threshold of €25,000. At the winner’s request and expense, Artmark may organize transport of the lot to the address indicated by the winner in all other cases.
The right to withdraw from the contract, meaning the waiver of the purchase of the awarded lot, is not applicable to awards made within public auctions organized by Artmark. Likewise, lots purchased at public auctions organized by Artmark cannot be returned.
No copyright in artworks sold through Artmark auctions is sold by public auction, and no copyright in artworks sold through Artmark auctions is transferred to the buyer.
Artmark Croatia d.o.o. reserves the right to amend its Rules. If there are differences between the online version of the Auction Rules and the version contained in the printed catalogue of the auction session, the online version shall prevail, as it is likely to be more recent at the time of the auction. Likewise, the online version of the auction catalogue may contain amendments, additions, and corrections to the printed version, with the online version of the auction catalogue taking precedence over the printed version with regard to lot descriptions and bidding conditions. At the same time, before the auction session, the auctioneer may announce, in the auction room and in real time via the Artmark LIVE® platform, amendments, additions, and corrections to the lot description and bidding conditions, which shall take precedence over those contained in the auction catalogue.