§1. Definitions

  1. Users – individuals who opened up an account in OneBid and participate, or intend to participate, in auctions.
  2. Auction House – Auction Houses, Art Galleries or Firms, with which OneBid shall cooperate and which publish their auctions through the OneBid service.
  3. Limit – a request for automatic bidding of a specific item by OneBid on behalf of the User executed during live bidding up to the amount given by the User. The Limit amount is disclosed to OneBid and Auction House only (unless under the agreement between OneBid and Auction House the Limit amount is kept confidential from the latter).
  4. Offer – a request for automatic bidding of a specific item by OneBid on behalf of the User executed before the auction, or during the live bidding up to the amount given by the User. In case an Offer is put forward by a number of Users, the asking price of a given item – announced publicly – will be the lowest possible amount given by the User with the highest Offer. The Offer amount is disclosed to OneBid and Auction House only (unless under the agreement between OneBid and Auction House the Limit amount is kept confidential from the latter).
  5. Bidding – putting forward an offer during the live auction for a given amount which is the next acceptable bid on the price of the item on auction.

§2. Terms and Conditions

  1. Using the OneBid service means that the User accepts Terms and Conditions.
  2. OneBid can amend the Terms and Conditions, which shall be published on the OneBid website and are binding as of the day of publication.
  3. Should there be any significant changes to the Terms and Conditions, the OneBid service shall inform its Users via email 7 days prior to the date they come in force. Users can reject the new Terms and Conditions – which is tantamount to closing the account in the OneBid service – of which they should inform OneBid by email at [email protected] Users who have not rejected changes to the Terms and Conditions are considered accepting the changes.

§3. Using the OneBid service

  1. User registration and use of the OneBid service is free.
  2. The OneBid service can be used by adults only (over 18 years-old).
  3. Users can modify all data provided during the registration process at any time.
  4. Users must keep their data up to date.
  5. Users must not disclose access credentials (login and password) to their accounts in OneBid. It is forbidden to share log-on details with any third parties.
  6. OneBid is not liable to any damage resulting from the use of User’s account by any third parties.
  7. OneBid reserves the right to refuse registration or block User’s account without giving reason.
  8. It is forbidden to use the OneBid website in such a way that can hinder the operation of the service, in particular: using bots collecting data about auctions; undertaking actions that can overload the service; any other actions that can influence the performance of the service.

§4. Relation between Users and Auction House

  1. OneBid is a platform through which Users and Auctions Houses can conclude sell-purchase agreements. OneBid is not part of these transactions and the execution of the agreement lies in the responsibility of the Users and Auction Houses only.
  2. Should there be a dispute between the User and Auction House, OneBid shall assist in resolving any differences.
  3. Auction House reserves the right to accept or deny any User the ability to bid at any time and without giving reasons.
  4. Upon entering an auction, Users accept the Terms and Conditions of OneBid and the Terms and Conditions of a respectable Auction House.
  5. The final acceptance of User’s bid depends on the Auction House discretion; especially in the following cases:
    1. taking a decision regarding the same amount offered by a User online and a person bidding on-site.
    2. acknowledging or not the lead in bidding to a User who has given the same amount through Limit, Offer or Bid.
  6. By submitting a Limit, Offer or Bid, the User agrees, in case of winning the auction, to purchase the item for the final amount received and cover any additional charges such as but not limited to: auction fee, VAT, customs, shipping costs, transfer fees and any other fees provided for in the OneBid’s or Auction House’s Terms and Conditions.
  7. Both parties (the User and the Auction House) shall commit to finalise the transaction.

§5. Confidentiality

  1. All Users’ personal data are confidential. No User information, with the exception described in §6 point 2 and 3, shall be disclosed to any third party.
  2. By registering and taking part in auctions organised by Auction Houses, Users authorise OneBid to disclose their data to a given Auction House in order to verify the participation in the particular auction and to finalise the potential transactions.
  3. If the User registers for a particular auction, OneBid shall disclose to the Auction House information concerning the number of auctions and concluded transactions (without amounts paid) of a given User so that the Auction House can verify this User to participate in a given auction.
  4. Auction House shall keep all personal data disclosed by OneBid in confidentiality and shall not pass them to any third parties except when needed to conclude the transaction and ship the purchased items.
  5. OneBid can disclose the data upon request of authorised bodies, e.g. upon requests issued by public administration authorities, court orders or regulatory institutions.
  6. OneBid can use the collected data for statistical purposes which would serve optimisation and improvement of the service.
  7. By opening the account on OneBid the Users agree to receive notifications about new auctions offered by the Auction Houses or about any other marketing actions undertaken by OneBid. Users can opt out from receiving Newsletters by setting their preferences in their accounts on OneBid.

§6. Exclusion of liablity

  1. OneBid makes every effort to provide services of the highest quality.
  2. OneBid is not a party in agreements between Users and Auction Houses concluded through the OneBid service. OneBid is not liable for any risk or potential damage resulting from these agreements.
  3. OneBid cannot be held accountable for improper behaviour of Users or Auction Houses concerning the agreements concluded through the service. OneBid does not guarantee the conclusion of purchase agreements nor does it take responsibility regarding quality or faults of offered items.
  4. OneBid is only liable for direct damage caused by intentional or grossly negligent act. OneBid is not liable for problems caused by minor negligence unless the agreement states otherwise. Any liability for indirect or consequential damage is excluded.
  5. OneBid is not liable for any abnormal conditions in the operation of the service, in particular in case of technical problems causing delays or skipping bids.
  6. OneBid is not liable for potential problems in the course of bidding resulting from no internet access on either the User’s or Auction House’s part.
  7. OneBid can be temporarily unavailable due to website maintenance work. Such unavailability cannot give raise to any claims.
  8. OneBid is not liable for financial losses and any consequential damage, unless the agreement states otherwise.
  9. OneBid is not liable for any damage caused to Users, consignors or third parties by other users, consignors or third parties by misuse of the OneBid services.
  10. OneBid does not guarantee the aktualności, correctness, legality, completeness and quality of content published by Auction Houses at OneBid website and excludes any liability for it.
  11. Users accept that there may be latency in transmitting information. Auction Houses may receive bids with a certain delay and bids put forward by other Users may appear with latency. OneBid refuses any liability for bids that have been skipped due to having been registered too late at the Auction Houses.
  12. Auction live webcast is in particular prone to lagging. Despite the fact that OneBid makes all best efforts to minimise the webcast delay, video streaming cannot be treated as means to assess the current state of the auction.

§7. Salvatorius Clause

  1. If any parts of these Terms and Conditions should be no longer or not fully in conformity with the valid legal situation, this shall not affect the content and validity of the remaining parts. The parties hereto commit themselves to modify the invalidated part of the contract by a clause that economically is closest to the original intention. In case of any legal disputes the Polish version of these Terms and Conditions shall prevail and shall exclusively be relevant.

§8. Final Provisions

  1. This Agreement shall be governed by and construed in accordance with the law of the Republic of Poland.