The company Vesperium projekt d.o.o. Zagreb provides an online auction service via its website http:// www.artsalon-aukcije.com/, entitled “Art Salon Zagreb”, hereinafter referred to as “ASZ“. All information on the company Vesperium projekt d.o.o. Zagreb are available on the ASZ website. "User" denotes all natural and legal persons accessing the ASZ website in the capacity of a visitor and/or an active bidder, that is, a participant in online auctions, as well as a buyer. “Terms and conditions of business” denote all General and Special Terms and Conditions of ASZ published on the ASZ website, including: General Terms and Conditions of the Internet Auction (link) and Special Terms and Conditions of the Internet Auction (link).
GENERAL TERMS AND CONDITIONS OF THE INTERNET AUCTION
Prior to participating in the online auction, Users shall register by completing an online form and shall open a user account. After registration, ASZ shall notify Users within the briefest deadline possible of the acceptance of registration. As part of the registration process, Users shall be offered to accept the terms and conditions of business. This is a precondition for the possibility of using the internet auction service. Registration is permitted to all persons of age (above 18 years of age) and persons with full legal capacity or legal entities represented by authorised natural persons who accept the abovementioned terms and conditions of business.
2. Personal data protection
Statement of collection and use of personal data: All data are granted voluntarily by Users and they acknowledge that their personal data shall be collected and processed in accordance with the ASZ’s terms and conditions of business and all legislation in force. ASZ undertakes to provide protection of all Users’ personal data. ASZ shall do so by collecting only the necessary, basic data on Users, which are relevant for the fulfilment of our obligations; it shall inform Users on the manner of usage of the collected data, right to data access, and right to correct the data referring to Users. Furthermore, it shall regularly provide Users with a possibility to opt if they wish for their data to be further used, including a decision if they wish or not for their name to be removed from the lists used in marketing campaigns. All data on Users are strictly kept confidential and are only made available to those employees who need such data to execute and conclude agreements. All employees of ASZ and their business partners are responsible for the respect of the principle of privacy protection. Statement of personal data transfer protection upon account authorisation and debiting: Authorisation and debiting are carried out using the HT Pay Way™ system. This system provides a service of online authorisation and debiting of accounts using security standards of the highest level. These are ensured by the HT Pay Way™ service provider who is exclusively responsible for securing the authorisation and private data.
3. Using the internet auction service
It is prohibited to use or exploit other persons’ data. Users may log in only under their user name and with their password. User undertakes to keep his/her user name and password secret and is responsible for all activities authorised under his/her user name and/or password. In case of any suspect attempts of use of his/her user name and/or password, User shall immediately notify ASZ thereof. The right to use the ASZ’s website and to participate in internet auctions is a personal right of User and is not transferable in any way to other natural or legal persons nor is any User authorised to log in on behalf of other natural or legal persons. It is recommended to periodically change password (at least once a year).
4. Access to the internet auction service
ASZ reserves the right to cancel any user account and/or password without delay or to temporarily or permanently deny User the right to log in and access internet auctions if User behaves in a manner deemed by ASZ, as per its discretionary assessment, unacceptable, as well as in all cases of failed abidance by the terms and conditions of business or regulations in force.
ASZ does not guarantee a constant and uninterrupted internet access to the auction or to the ASZ website. User acknowledges that within the realm of technical and operational possibilities, there is a chance the webpages and internet auctions of ASZ may not be available at all times. In other words, ASZ does not guarantee the absence of errors on its website nor in the carrying out of the internet auction. The appearance and content of the website and of the internet auction service, together with the terms and conditions of business are accepted by User as they are. ASZ reserves the right to modify these at any time and with no explanation and Users must regularly check the website to be duly acquainted with possible alterations. It is deemed that any use of the website represents the acceptance of all potential modifications of the appearance and content of the website and the service of the internet auction, together with all the terms and conditions of business. ASZ provides no guarantee for the security of data that are transferred over the internet. Furthermore, it provides no guarantee for the security of the technical process of doing business and providing access, that is, for the electronic transfer of information towards the website and ASZ internet auction. Given the undertaken security measures, ASZ provides User with no guarantee, explicit or tacit, that the possibility of the occurrence of a problem, as a result of these measures, is entirely removed. ASZ does not guarantee that the website, internet auction, and/or server contain no harmful components, including computer viruses. ASZ does not guarantee that this list of guarantees is exhaustive and useful to User.
ASZ shall not be held accountable for any damage stemming from the use of our website and/or internet auction; it shall not be accountable for any damage that may stem from the interruption of the electronic transfer of data, including the possibility of damage of User’s computer, mobile phone, computer accessories, and all other connected devices. ASZ shall not be held accountable for any damage arising from the violation of internet security, especially due to computer viruses, errors in programming (bugs), electronic manipulations or any technical defaults of computers with the overall network system. ASZ shall not be held accountable for any damage arising from an erroneous entry of data by User or from the use of a user account by third unauthorised persons.
7. Notifications and communications
Notifications are published on the ASZ website and/or are sent to the User by e-mail.
8. Amendments to the General Terms and Conditions of the Internet Auction
ASZ reserves the right to amendments to the General Terms and Conditions of the Internet Auction. The amended General Terms and Conditions are published on the ASZ website four weeks prior to their coming into force.
9. Competence and language
The original text of the General Terms and Conditions of the Internet Auction is composed in the Croatian language and is translated into other languages. In case of a discrepancy between the source text in the Croatian language and its translation into other languages, the applicable shall be the version in Croatian. The place of execution is Zagreb and the competent forum is the Commercial Court in Zagreb. The applicable law is Croatian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable.
SPECIAL TERMS AND CONDITIONS OF THE INTERNET AUCTION
1.Description of items, appraisal, and starting price
All our items have been selected and appraised by experts. You may find the description, appraisal, starting, and current prices next to the item.
2. Internet bidding
Bidder shall participate in the bidding by logging in via his/her user account and by entering his/her bid in the designated field. By entering his/her bid, Bidder accepts the terms and conditions of business. Each bid is binding. Bidder has won the auction if he/she offered the highest amount and thus outbid the reserve price for the item within the time limit provided. With this, Bidder enters into a contractual relationship with ASZ.
3.Right to return the item bought in the internet auction
Buyer is entitled, without providing a reason for it, to unilaterally cancel this agreement within 14 days. The deadline for this unilateral cancellation begins from the day on which Client was handed over the item into possession. Client undertakes to notify ASZ of its decision prior to the expiry of the deadline for the unilateral agreement cancellation. It shall do so by drawing up a statement of cancellation and sending it to ASZ by registered mail or by email. The statement should contain your name, the name of the item, the achieved price, the date when the item was received, and the date of the statement of cancellation.
4. Procedure after returning the item purchased at the internet auction
ASZ shall with no delay, but no later than 14 days from the receipt of the returned item, refund the entire amount paid for the mentioned item. ASZ shall make the payment in the same manner you made payment to us. You shall bear the costs of transport and shall be held responsible for potential damages incurred to the item.
5. Commission, charging, invoice issuance
All achieved prices shall be increased by a fee of 25%. The overall amount, including the fee, shall be paid to ASZ. The deadline for payment is 5 days from the end of the auction. If Buyer fails to settle the entire amount within the deadline stated, ASZ may send an admonition, or even institute proceedings before the court. In this case, Buyer shall be obliged to settle all default interests and the costs of such proceedings.
Buyers are obliged to pay the purchased items and shipping by:
bank wire upon receipt of invoice
credit or debit card (American Express, MasterCard, Maestro, or Visa).
Credit card payments are protected by T-com Pay Way.
JT PayWay apply state-of-the-art standards in data protection, SSL protocol with 128bit encryption and MD5 algorithm. The ISO 8583 protocol ensures message flow between T-com system and authorised credit card payment centres within a private network with double firewall protection.
6. Takeover, transport
The item is taken over after the receipt of the entire payment, personally at the address of ASZ or, if you wish, the item can be shipped to a designated address. Buyer can organise transport on its own or can ask from ASZ a shipping quote in a manner and with conditions provided by Buyer. The cost of shipping shall be borne by Buyer. For those items that have not been paid and taken over within 5 days from the end of the auction, the costs of insurance and storage in the amount of 1 % of the achieved price shall be calculated daily.
7. Accountability for defaults
ASZ shall not be held accountable for the defaults stemming from the natural aging process of the item, and which are not visible on the photograph, for example, cracks in wood, faded paper, damages to the painting frame. The data on the item are not a guarantee in the legal sense and serve only for information purposes. This is especially applicable to the data on the origin, condition, age, and authenticity, which are principally deemed opinions, rather than facts. Any guarantee is excluded. As a rule, the condition of an item is not stated, and therefore the data lacking are not part of the agreement.
The original text of the Special Terms and Conditions of the Internet Auction is composed in the Croatian language and is translated into other languages. In case of a discrepancy between the source text in the Croatian language and its translation into other languages, the applicable shall be the version in Croatian.