These Terms and Conditions (hereinafter referred to as the "Terms") establish the procedures and conditions governing the operation of the Antiqon Open Auction (hereinafter referred to as the "Auction"), including the organization and conduct of public sales in the form of an auction, as well as the participation of individuals and legal entities in such sales and the acquisition of Lots.
These Terms shall enter into force and become binding upon any person participating in the Auction or using the functionality of the Website www.antiqon.com (hereinafter referred to as the "Website") from the moment of registration as a Bidder.
Registration and/or participation in the Auction constitutes the Bidder′s full and unconditional acceptance of these Terms, confirmation that they have read and understood their contents, and acknowledgment of their legally binding effect.
SECTION 1 - DEFINITIONS AND INTERPRETATION1.1. Auction - an open (public) auction conducted under the "Antiqon" brand, constituting a public sale of movable property - including works of art, antiques, and collectible objects - held in the auction hall at Brīvības iela 52-1B, Riga, and/or online via the official website www.antiqon.com, and/or via authorised partner online auction platforms.
1.2. Company - SIA "Antiqon", registration No. 40103941382, having its registered office at Brīvības iela 52-1B, Riga, LV-1010, Latvia, which organises and conducts open auctions, acting as the Seller′s agent. The Company may, in certain circumstances, offer for sale Lots that are its own property.
1.3. Website - the combination of software, technical infrastructure, and content operated by the Company for publishing information about Lots and conducting Auctions over the Internet at www.antiqon.com, and providing Users with access to services including registration, a Personal Account, and participation in online Auctions.
1.4. Auction Sale (Bidding Process) - the competitive process of submitting price offers for Lots within the Auction, conducted within a defined time frame, whereby Bidders place Bids and a Lot is sold to the Bidder offering the highest price (the Hammer Price).
1.5. Lot - a work of art, antique, or other movable property accepted for public sale at the Auction, not withdrawn from civil circulation and not restricted in trade under the laws of the Republic of Latvia.
1.6. Seller - a natural or legal person who is the lawful owner of the Lot and has entered into an agreement with the Company for its inclusion in the Auction. The Seller may monitor the progress and outcome of the Auction through their Personal Account or by written request to the Company.
1.7. Bidder (Participant) - a person registered and approved by the Company to take part in the Auction, acting either on their own behalf or on behalf of a legal entity, who has completed registration and verification on www.antiqon.com or via official partner platforms.
1.8. Website User (User) - a legally competent individual using the Website to view Lots, obtain information, and/or participate in Auctions, having agreed to the User Agreement and these Terms.
1.9. Buyer - the Bidder whose Bid is recognised as the highest at the conclusion of the Auction and confirmed by the Company as the Hammer Price.
1.10. Estimate - the indicative valuation of a Lot determined by the Company and published in the catalogue or on the Website for information purposes only.
1.11. Bid - an offer made by a Bidder to purchase a Lot at a specified price in euros during the Auction.
1.12. Starting Price - the price at which bidding for a particular Lot commences.
1.13. Reserve Price - the minimum price acceptable to the Seller at which the Lot may be sold. The Reserve Price is confidential and will not be disclosed to Bidders until reached during the Auction.
1.14. Current Bid - the most recent valid Bid placed by a Bidder at the relevant time.
1.15. Minimum Increment - the minimum permissible increase between two consecutive Bids.
Bidding increments are as follows:
€1–€99: €5;
€100–€199: €10;
€200–€299: €20;
€300–€399: €30;
€400–€499: €40;
€500–€999: €50;
€1,000–€1,999: €100;
€2,000–€2,999: €200;
€3,000–€3,999: €300;
€4,000–€4,999: €400;
€5,000–€9,999: €500;
€10,000–€19,999: €1,000;
€20,000–€29,999: €2,000;
€30,000–€39,999: €3,000;
€40,000–€49,999: €4,000;
€50,000–€99,999: €5,000;
€100,000 and above: €10,000.
1.16. Maximum Bid (Auto-Bid) - the highest amount a Bidder is willing to pay for a Lot. The system automatically increases the Bidder′s offer within that limit until the maximum amount is reached.
1.17. Hammer Price - the highest Bid recorded and acknowledged by the Company at the close of the Auction. The Hammer Price is confirmed by the auctioneer and displayed on the Lot page at www.antiqon.com.
1.18. Personal Account - a dedicated section of the Website that provides the Bidder with access to information regarding their Bids, purchased Lots, payments, and deliveries.
1.19. Buyer′s Premium (Commission) - the fee payable to the Company for organising and conducting the Auction, calculated as a percentage of the Hammer Price and payable by the Buyer in addition to it.
SECTION 2 - GENERAL PROVISIONS2.1. These Terms govern the organisation and conduct of auctions held under the "Antiqon" brand, including auctions conducted in the auction hall, by telephone, by written absentee bid, and online through the official Website www.antiqon.com and/or through partner online auction platforms with which the Company cooperates (including, without limitation, Drouot, BidSpirit, LiveAuctioneers, The Saleroom and similar services).
2.2. By using the Website or any partner platform, registering as a Bidder, placing a Bid, or otherwise participating in the Auction, the User confirms that they have read, understood, and fully accepted these Terms without reservation, including the procedures governing participation, payment, transfer, and collection of Lots, as well as all related rights and obligations.
2.3. Registration, participation in the Auction, or use of any services provided by the Company or its partners constitutes the User′s voluntary and informed acceptance of the legal validity of these Terms and a waiver of any claim of ignorance, non-reading, or disagreement at a later date.
2.4. All current and future services of the Website and partner platforms - including the online auction system, Personal Account, payment, delivery, and other auxiliary functions - are governed by these Terms.
The Company reserves the right to amend or supplement these Terms without prior notice to Users, provided that such amendments do not affect transactions that have already been concluded.
2.5. When participating in the Auction via third-party auction platforms (including, but not limited to, Drouot, BidSpirit, LiveAuctioneers, The Saleroom, etc.), responsibility for the technical operation, availability, accuracy of bids, and functionality of the platforms lies with the respective operators.
The Company shall not be held liable for any technical failures, delays, errors, incorrect bid placements, or data losses arising from the actions or omissions of third parties.
2.6. Information published on the Website and partner platforms may be provided in multiple languages.
In the event of any discrepancy or inconsistency between language versions, the Latvian version of these Terms published on the official Website of the Company shall prevail.
2.7. Users who violate these Terms may be suspended, blocked, or permanently excluded from participation in the Auction without any compensation for losses, costs, or damages.
The Company further reserves the right to annul the results of any Auction if a violation is discovered after its completion.
2.8. Legally significant communications may be sent by email and/or via the User′s Personal Account; any such communication shall be deemed delivered on the next Business Day following dispatch.
SECTION 3 - REGISTRATION OF BIDDERS3.1. Registration as a Bidder constitutes full and unconditional acceptance of these Terms, confirmation of having read and understood them, and acknowledgment of all rights and obligations arising from participation in the Antiqon auctions.
Registration serves as legal confirmation that the Bidder has familiarised themselves with the conditions of participation and agrees to comply with them in full.
3.2. Registration of Bidders may be carried out in the following ways:
– personally, in the auction hall, by completing a registration form and presenting a valid identity document;
– by submitting a written registration form to the Company in advance;
– online, via the official website www.antiqon.com or authorised partner auction platforms, following completion of the registration procedure and mandatory identity verification.
3.3. To complete registration, the Bidder must provide accurate and up-to-date information, including full name, e-mail address, residential address, contact telephone number, a copy of an identity document, and a document confirming proof of residence (for example, a utility bill).
The Company reserves the right to request additional documents to verify the Bidder′s identity, residency status, or source of funds in accordance with the laws of the Republic of Latvia.
3.4. Upon successful completion of registration and, where applicable, payment of a deposit or guarantee fee, the Bidder is assigned a unique registration numberto be used for identification during the Auction.
3.5. Registration using another person′s details, as well as the transfer of registration numbers, login credentials, or passwords to any third party, is strictly prohibited.
The Bidder bears full responsibility for all actions taken under their account, whether carried out personally or by any third party.
3.6. Each User is entitled to register only one account.
The creation of multiple accounts by the same person, the use of false, fictitious, or misleading information, or registration under another person′s identity constitutes a breach of these Terms and may result in immediate suspension or permanent blocking without prior notice.
3.7. The Bidder is responsible for maintaining the confidentiality and security of their registration details (login, password, and access code).
The Company shall not be held liable for any loss or damage resulting from unauthorised use of the account by third parties, unless the Bidder has promptly notified the Company of a security breach.
3.8. The Bidder must promptly inform the Company of any changes to their registration data, including contact details and residential address.
All notifications shall be made via email or other official communication channels indicated at the time of registration.
3.9. The Company may at any time request additional documentation from the Bidder to verify identity, residence, source of funds, and the lawfulness of participation in the Auction, in accordance with the laws of the Republic of Latvia and applicable anti-money-laundering and know-your-customer (AML/KYC) regulations.
3.10. The Company reserves the right to refuse, suspend, cancel, or restrict registration or participation of any Bidder at its sole discretion, without obligation to provide reasons, where there are reasonable doubts as to the authenticity of the information provided, the lawful origin of funds, the Bidder′s intentions, or in cases of breach of sanctions or AML legislation.
SECTION 4 - WARRANTIES AND REPRESENTATIONS OF BIDDERS4.1. By registering, placing a Bid, paying an invoice and/or a Lot, the Bidder (the Buyer) represents and warrants that all information and documents provided to the Company are accurate, complete, and up to date, and do not contain any false or misleading statements.
Such representations remain valid from the moment of registration or bidding until the actual transfer of the Lot.
The Bidder undertakes to promptly notify the Company of any changes to the information provided, including change of address, residency status, beneficial ownership, or sanctions status.
4.2. The Bidder warrants that all funds used to participate in the Auction and to pay for Lots are of lawful origin and are not connected to any criminal activity, tax evasion, money laundering, or terrorist financing.
The Bidder further confirms that they are not currently under investigation, prosecution, or conviction for any such offences.
4.3. By paying an invoice and/or purchasing a Lot, the Buyer confirms that they are not subject to any international or national sanctions, are not owned or controlled by, and do not act on behalf of, any sanctioned person or entity.
The Buyer undertakes to comply with the sanctions regimes of the European Union, the United Nations, the United States (OFAC), the United Kingdom, and the Republic of Latvia.
The Buyer further confirms that the acquired Lot shall not be used, transferred, exported, or delivered to the Russian Federation or the Republic of Belarus, nor to any person or entity subject to sanctions, and shall not be used to circumvent any applicable restrictions.
4.4. The Bidder confirms that they are acting in their own interest and as the ultimate beneficial owner (UBO).
If acting as an agent or intermediary, the Bidder guarantees full disclosure to the Company of the principal′s and UBO′s identities and compliance with these Terms.
The Company reserves the right to refuse participation or withhold delivery of a Lot pending completion of due diligence.
4.5. The Bidder confirms that they are not a politically exposed person (PEP), a family member of a PEP, or a person known to be closely associated with a PEP.
If otherwise, the Bidder must notify the Company in writing prior to participation in the Auction and provide additional information, including details of the source of funds and source of wealth, upon request.
4.6. The Company may request from the Bidder any documents or information necessary to verify their identity, tax and residency status, source of funds, or the intended use of the Lot.
The Bidder consents to such verification procedures, including the processing of personal data and checks against national and international sanctions, compliance, and credit databases.
Where required, the Company may ask the Bidder to complete a Know Your Customer (KYC) form and to provide any further information or documentation necessary under the Prevention of Money Laundering and Terrorism Financing Act (NILLTFNL) or if the Company has grounds to consider a transaction unusual, complex, or subject to enhanced due diligence.
4.7. Payment for a Lot may be made only from an account held in the name of the registered Bidder.
Payments from third parties, as well as cash payments exceeding statutory limits or made using anonymous payment instruments, shall not be accepted without the prior written consent of the Company.
The Company reserves the right to return such payments to the sender and to withhold delivery of the Lot pending clarification of the circumstances.
4.8. Where the Company has reasonable doubts as to the accuracy of information provided, the lawful origin of funds, the sanctions status of the Bidder, or the intended use of the Lot, the Company may:
– refuse registration or participation in the Auction;
– suspend or annul participation or auction results;
– retain or withhold delivery of the Lot pending completion of checks;
– report the transaction to the competent authorities.
Any suspension or delay in the release of a Lot under this clause shall not constitute a breach of the Company′s obligations.
4.9. The Bidder undertakes to cooperate fully with the Company and competent authorities, to provide requested data and documents, and to take all reasonable steps required to demonstrate compliance with sanctions, customs, export control, and AML legislation, including, where necessary, the provision of end-use or end-user declarations.
4.10. The Bidder bears full responsibility for any consequences of non-compliance with this Section and shall indemnify the Company in full against any losses, penalties, fines, storage, transportation, legal or administrative expenses, or any other costs incurred as a result of providing false information, breaching sanctions or AML requirements, or refusing to cooperate.
4.11. The Buyer agrees not to initiate any chargeback or reversal of payment made in execution of these Terms; in the event of such a chargeback, the Buyer remains fully liable to settle the outstanding balance and all associated costs without delay.
4.12. The warranties and representations of the Bidder under this Section shall survive the completion of the Auction, payment, and transfer of the Lot, for the duration permitted by law for compliance verification and legal liability.
4.13. Any breach by the Bidder of the provisions of this Section shall constitute a material breach of these Terms and entitles the Company to exercise the remedies provided herein, including refusal of participation, annulment of the transaction, retention of the Lot, and notification of the competent authorities.
SECTION 5 - CONDUCT OF THE AUCTION5.1. Each Lot offered for sale at the Auction is published by the Company on the official website www.antiqon.com and/or in the printed auction catalogue.
Lots may be offered either on behalf of Sellers or, where applicable, by the Company itself when the Lot is owned by the Company.
Each Lot is accompanied by a description, image, estimate, and starting price.
The Company may also publish Lots on partner online auction platforms (including, but not limited to, Drouot, BidSpirit, LiveAuctioneers, The Saleroom, and others).
In all such cases, participation and settlement shall remain governed by these Terms, irrespective of the platform used.
5.2. Only Bidders who have been duly registered and approved by the Company, and who have completed identity verification in accordance with the laws of the Republic of Latvia, including the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing (NILLTFNL), are entitled to participate in the Auction.
5.3. The Company reserves the right to refuse admission, restrict participation, or cancel the registration of any person at its sole discretion and without obligation to provide reasons, if such participation would contravene applicable law, sanctions regulations, internal compliance policies, or could otherwise harm the reputation or legitimate interests of the Company.
5.4. Bids are accepted in the auction hall, by telephone, by written absentee bid submitted no later than twelve (12) hours before the start of the Auction, and online - via the Company′s official website or authorised partner platforms.
5.5. Each subsequent Bid must exceed the previous one by not less than the minimum increment established by the Company for the relevant price range.
5.6. Bidders may place Bids manually or through the automatic bidding system ("Maximum Bid"), under which the Company′s system automatically increases the Bidder′s offer up to the pre-set limit.
The winning Bid may be lower than the maximum amount specified by the Bidder.
5.7. All Bids, including automatic Bids, are binding and irrevocable. Once placed, a Bid cannot be altered, withdrawn, or cancelled.
5.8. In the event of identical Bids, priority shall be given to the Bid first registered in the Company′s electronic system.
5.9. The Company accepts telephone and written absentee bids in the order in which they are received but shall not be held liable for any delay, non-receipt, incomplete or incorrect execution of such bids, nor for any technical malfunctions, communication failures, or disruptions caused by third-party services or equipment.
5.10. Current Bids are displayed on the Lot page in real time.
The Company reserves the right to limit or temporarily suspend bid display on the website in the event of technical issues, suspected manipulations, or any other circumstances affecting the integrity of the Auction.
5.11. Each Lot is offered for a specific time period determined by the Company.
Bidding on the Lot closes upon expiry of that period.
5.12. The winning Bidder is the Participant who places the highest valid Bid not lower than the established reserve price.
5.13. If the reserve price is not met, the Lot shall be deemed unsold.
The Company may, at its discretion, engage in negotiations with Bidders or third parties regarding a possible sale of the Lot after the Auction ("post-auction sale").
5.14. The Company reserves the right, at any time prior to or during the Auction, to withdraw any Lot, amend its description, estimate, or starting price, where there are doubts regarding authenticity, provenance, ownership, or the accuracy of information.
Bidders shall have no right to claim damages, compensation, or reimbursement of any expenses arising from such decisions.
5.15. The Company, at its sole discretion, may:
– reject any Bid without providing reasons;
– determine or modify the minimum increment;
– declare any disputed or erroneous Bid invalid;
– reopen bidding on a Lot to ensure a fair outcome.
5.16. A Lot is deemed sold at the price of the final winning Bid ("Hammer Price").
5.17. Information about successful purchases shall be made available in the Bidder′s Personal Account and/or sent to their registered e-mail address.
5.18. The Bidder bears full responsibility for any errors made when placing Bids, including incorrect entry of the amount, Lot number, or other data entry mistakes not attributable to the Company.
5.19. All Auctions are electronically recorded by the Company′s system.
Server logs, including IP addresses, time stamps, and digital transaction records, constitute official proof of the conduct and results of the Auction and shall prevail over any other source of information.
5.20. In the event of technical failures, power outages, loss of communication, or other circumstances preventing the proper completion of the Auction, the Company reserves the right to extend, suspend, or cancel bidding for the affected Lot and to relaunch it once the cause has been remedied.
The Company shall not be liable for any loss, loss of profit, or indirect damages incurred by Bidders as a result of such circumstances.
6.1. The Buyer must pay the full amount due for the Lot within seven (7) calendar days of the date on which the Company issues the invoice, unless otherwise agreed in writing.
6.2. Amounts payable. The total amount due comprises:
6.3. Permitted methods of payment:
6.4. Payments will be accepted only from the registered Bidder in whose name the Lot was purchased. Third-party payments require the Company′s prior written consent.
6.5. Passing of title and risk. Title to the Lot passes to the Buyer only when the Company has received the full amount due under Clause 6.2 in cleared funds. From that moment, all risks of loss, damage or deterioration (including risks arising in storage or transit) pass to the Buyer. Until full payment is received, the Lot remains the property of the Seller.
6.6. Late payment. In the event of late payment, the Company may (but is not obliged to) charge default interest at 0.1% of the invoice total per calendar day of delay, commencing on the 8th day after the invoice date, capped at 10% of the outstanding amount.
6.7. Non-payment after 14 days. If the Buyer fails to pay within fourteen (14) calendar days of the invoice date, the Company may:
6.8. Any guarantee (deposit) is non-refundable in the event of non-payment within the prescribed time.
6.9. Pament processing surcharge. For certain payment instruments (including PayPal, international credit cards and other third-party payment systems) the Company may charge a separate administration fee to cover third-party payment processing costs. The amount of such fee depends on the chosen payment method and is disclosed to the Buyer prior to payment. This fee does not form part of the Lot price and is charged solely to recover processing costs.
6.10. A payment is deemed made only upon actual receipt in full by the Company. All bank charges, currency-conversion costs, international payment fees and any shortfalls caused by intermediary or acquiring institutions are for the Buyer′s account. In case of partial receipt, the Buyer must remit the shortfall without delay.
6.11. Tax treatment (Margin Scheme). Sales are conducted under the EU VAT Margin Scheme for works of art, antiques and collectors′ items (Directive 2006/112/EC). VAT is included in the margin and is neither itemised nor recoverable. No VAT refund is available.
6.12. Release and delivery. The Company does not provide delivery services and accepts no responsibility for packing, transport or delivery of purchased Lots. The Buyer must arrange collection, packing and delivery at their own cost. Upon request and subject to availability, the Company may assist in suggesting carriers and arranging packing, insurance or export formalities on a chargeable, non-guaranteed basis; no warranty is given as to timing or outcome.
6.13. Export and certificates. Where required, the Company may assist (on request and at the Buyer′s expense) with obtaining export permits for works of art and antiques from Latvia and/or CITES certificates. All official fees and related costs are payable by the Buyer.
6.14. Storage and paid warehouse. The Buyer must collect the paid Lot within fourteen (14) calendar days of the invoice date. After this period, the Company may transfer the Lot to paid storage (external warehouse or specialised facility). Transport and storage costs (at warehouse tariffs) are payable by the Buyer. Release from storage will take place only after settlement of all additional charges.
SECTION 7 - COLLECTION AND DELIVERY OF LOTS7.1. The Buyer must collect the fully paid Lot (self-collection) within fourteen (14) calendar days from the date of invoice, unless otherwise agreed in writing with the Company.
Collection shall take place at the following address: Brīvības iela 52, Riga, LV-1011, Latvia.
7.2. The Company does not provide delivery services and is not a party to any contract of carriage or insurance.
Once the Lot has been handed over to the Buyer′s representative, carrier, or any third party acting on the Buyer′s behalf, all risks of loss, damage, delay, or deterioration shall pass to the Buyer.
7.3. Upon the Buyer′s request, the Company may, at its discretion and subject to availability, assist in arranging transportation, courier services, packing, insurance, or the preparation of documents required for shipment or export.
Such assistance is provided on a best-efforts basis, for a separate fee, and without any guarantee as to timing, cost, or successful completion of delivery.
7.4. All costs related to packing, storage, transportation, insurance, export formalities, and any other ancillary services are borne exclusively by the Buyer and are not included in the Hammer Price or the Buyer′s Premium.
7.5. In the case of export outside the Republic of Latvia, the Buyer is solely responsible for obtaining all necessary export licences, permits, certificates, and other documentation, and for compliance with all customs, import, and cultural-heritage laws of the destination country.
The Company may, where required and feasible, assist with export documentation and CITES certification; however, all associated costs shall be borne by the Buyer.
7.6. The Lot shall be released to the Buyer (or an authorised representative) only after: – confirmation of full payment in cleared funds;
– completion of all required AML/KYC and export compliance checks (where applicable); and
– settlement of any additional costs, including storage, packing, or delivery charges.
7.7. The transfer of the Lot is recorded in the Company′s internal system.
In the case of collection in person, the handover may be confirmed by the Buyer′s or authorised representative′s signature on transport or warehouse documentation.
7.8. The Buyer assumes full responsibility for any restrictions under the cultural-heritage laws of third countries and for potential restitution or ownership claims.
The Company reserves the right to withhold the Lot in the event of a lawful request from competent authorities.
8.1. The Company organises and conducts the Auction, provides its technical, organisational and informational support, and facilitates interactions between Sellers and Buyers in accordance with these Terms. The Company acts in good faith and within its authority but shall not be liable for any loss suffered by a Buyer arising from participation in the Auction or the purchase of a Lot, including, without limitation, loss of profit, loss of opportunity, loss of reputation or other indirect or consequential losses, save where mandatory law expressly provides otherwise.
8.2. The Company′s warranty is strictly limited to ensuring that the Buyer receives the very Lot won at the Auction, provided the Lot has been fully and timely paid for. The Company gives no other warranties as to the condition, authenticity, provenance, attribution, dating, authorship or any other characteristics of the Lot.
8.3. All Lots are offered and sold "as is", having regard to age, wear, prior restorations, repairs and other changes. Neither the Company, the Seller nor any engaged experts give warranties or accept liability as to condition, authenticity, provenance, attribution, dating, authorship, material, completeness, preservation or functionality of any Lot.
8.4. Photographs, videos and 3D images of Lots displayed on the Website or in printed catalogues are illustrative only and may not fully reproduce the actual colour, texture, scale or condition of the item. The absence of any reference to defects, restorations or alterations does not imply their absence.
8.5. It is the Buyer′s responsibility to examine the Lot prior to bidding-either in person at the pre-auction viewing or remotely by requesting from the Company additional images, videos, a Condition Report, or other information. The Company facilitates such inspection upon prior request and permits examination by independent experts. By placing a Bid, the Bidder confirms they have satisfied themselves as to the Lot′s condition and accept all risks associated with its purchase.
8.6. Following the close of the Auction and the recording of the sale, the Company will not accept claims relating to: – the condition, preservation or quality of the Lot;
– subsequent changes in expert opinion, attribution or valuation;
– re-assessment of authenticity, provenance or authorship;
– any mismatch with the Buyer′s subjective expectations.
8.7. All descriptions, comments, estimates and expert opinions published by the Company (in catalogues, on the Website or elsewhere) represent professional opinion at the time of publication only and do not constitute a warranty, representation or statement of fact. The Company accepts no liability for errors, misprints, inaccuracies or discrepancies in such descriptions.
8.8. The Company shall not be liable for technical failures, interruptions of the Website, server, Internet or user equipment, nor for any inability to participate in the Auction due to reasons beyond the Company′s control. The Company does not warrant uninterrupted availability of the Website or the fault-free operation of the online auction.
8.9. The Auction is conducted as an open (public) auction within the meaning of Latvian law and in accordance with Article 16(k) of Directive 2011/83/EU of the European Parliament and of the Council (the Consumer Rights Directive), which expressly excludes the consumer′s right of withdrawal for contracts concluded at public auctions.
In line with the foregoing and paragraph 22.11 of Cabinet of Ministers Regulation No. 255 of 20 May 2014 (Regulations on Distance Contracts), the 14-day withdrawal right applicable to distance sales shall not apply to transactions concluded in this Auction.
Accordingly, once the Auction has closed and payment has been confirmed, the Buyer shall have no right to cancel the transaction, return the Lot, or claim a refund, regardless of the mode of participation (in-room, online, or by telephone).
8.10. The Company may suspend, annul or cancel the Auction in respect of any Lot where doubts arise regarding authenticity, provenance or lawful title, or where there are suspicions of breaches of law, sanctions rules or these Terms.
8.11. In the event of technical failures, the Auction may be temporarily suspended and resumed after the cause is remedied. All Bids previously recorded shall remain valid unless the Company states otherwise.
8.12. The Company operates in strict compliance with the laws of the Republic of Latvia, the European Union and applicable international AML/KYC and sanctions regulations. The Company may suspend, annul or defer release of a Lot until all required checks are completed.
8.13. Where there is a lawful basis, the Company may report to competent authorities (including the Financial Intelligence Unit - FID) and may withhold the Lot pending confirmation of lawful source of funds and compliance with export-control procedures.
8.14. The Company′s liability to any Bidder, Buyer or third party - including if a transaction is later declared invalid - is limited to the amount of the Company′s Buyer′s Premium for the relevant Lot. The Company shall not be liable for indirect, moral, reputational or other non-pecuniary losses arising from participation in the Auction or performance of these Terms.
8.15. ny claim against the Company must be notified within six (6) months from the date of the transaction; thereafter no claim will be accepted.
8.16. All rights in Lot images, catalogue texts and Website materials are owned by the Company and/or the relevant rightsholders. Any reproduction without prior written consent is prohibited. The Buyer agrees that the Company may use images and information relating to the Lot for catalogue, archival and marketing purposes.
SECTION 9 - RIGHTS AND OBLIGATIONS OF THE COMPANY9.1. The Company manages the ongoing operation of the Website, determining its structure, layout, content, and functional capabilities.
The Company reserves the right to modify the design, interface, features, and user access conditions at any time, without prior notice to Users or Bidders.
9.2. The Company may, at its sole discretion, temporarily or permanently restrict, suspend, or terminate access to the Website, specific sections, or functionality for all Users or for an individual Bidder, without prior notice and without liability for any resulting losses.
9.3. The Company may block or delete a User′s or Bidder′s account in cases of violation of these Terms, applicable laws, or sanctions, tax, or AML regulations.
Deletion of an account results in the removal of all associated data and permanent loss of access to the Website′s functionality.
9.4. The Company may issue to Bidders notifications, warnings, or directives regarding breaches of these Terms, which shall be binding upon receipt.
9.5. The Company shall provide adequate technical and informational support to Users and Bidders within a reasonable period necessary to ensure proper access to and functioning of the Website.
9.6. The Company may, at any time, conduct security and identification checks of Bidders, including verification of identity, age, residence, tax and residency status, source of funds, and other registration data.
9.7. The Bidder grants the Company the right to use and disclose submitted documents and data to third parties - including banks, payment providers, auditors, and competent public authorities - where necessary for verification, due diligence, or compliance with the laws of the Republic of Latvia, the European Union, and applicable international obligations.
9.8. Failure to provide the requested information or discovery of inconsistencies entitles the Company to block or delete the Bidder′s account, cancel Bids and auction results, suspend release or delivery of the Lot, and, where appropriate, notify competent authorities, including the Financial Intelligence Unit (FID).
9.9. Users and Bidders consent to the storage and processing of their personal data provided during registration, including name, surname, residential address, e-mail, telephone number, and identity document details.
9.10. The processing of personal data is carried out by the Company in accordance with the laws of the Republic of Latvia, the EU General Data Protection Regulation (GDPR), and the Privacy Policy published on www.antiqon.com.
The Company processes personal data solely for the purposes of ensuring access to and proper functioning of the Website, improving services, and complying with legal requirements.
Access to personal data is granted only to authorised employees and contractors of the Company, to the extent necessary for performance of their duties.
Disclosure of personal data to third parties is permitted only where expressly required by law or upon lawful request of competent authorities.
The Company undertakes all reasonable and technically justified measures to protect personal data from unauthorised access, alteration, disclosure, or destruction.
9.11. The Company may use data provided by the User for the following purposes: – performance of these Terms and maintenance of the Website′s functionality;
– fulfilment of obligations towards Sellers and Buyers;
– compliance with applicable legislation, including sanctions and AML requirements;
– providing information to competent authorities upon lawful request.
9.12. The Company may send notifications and messages to the User using the contact details provided, including information regarding auctions, events, functional updates, and promotional or informational materials related to the Company′s activities.
9.13. The Company reserves the right to make audio and video recordings of the Auction process for the purposes of transparency, security, and dispute resolution. Participation in the Auction constitutes the Bidder′s consent to such recording.
9.14. The Company undertakes to maintain the confidentiality of personal and commercial information of Bidders, except where disclosure is required by law or necessary to comply with AML, KYC, sanctions, or tax regulations.
9.15. The User agrees that the Company may collect, store, and analyse technical and statistical data relating to use of the Website, including IP address, device type, operating system, browser, geolocation, and internet service provider data.
Such data are processed in anonymised form and used solely to ensure the operation and security of the Website, to improve service quality, to conduct analytics, and to comply with legal obligations.
The Company may also use aggregated statistical information for internal analytical and reporting purposes.
10.1. Every Bidder shall act in good faith, independently, and personally, adhering to the principles of fair competition and refraining from any conduct that may distort the course of the Auction, mislead other Bidders, or artificially influence demand.
10.2. The use of automated systems, scripts, software, technical devices, or any other means capable of affecting the speed of bidding, operation of the Website, or accuracy of bid registration is strictly prohibited.
10.3. Any form of manipulation in the course of the Auction - including shill bidding, bid rigging, collusive participation, the use of nominees or proxy bidders, or any attempt to interfere with or compromise the Company′s software, servers, or infrastructure - is expressly forbidden.
10.4. The Company reserves the right, at its sole discretion, to suspend, cancel, or declare null and void the results of any Auction or Lot if there are reasonable grounds to believe that dishonest, manipulative, or unlawful actions have occurred during participation.
10.5. Upon identifying a violation, the Company may block or delete the Bidder′s account, cancel all related Bids, suspend participation in current or future Auctions, and report the incident to competent authorities, including law enforcement or financial intelligence agencies.
10.6. Any breach of this Section constitutes a material violation of these Terms and may result in the application of disciplinary measures, including account suspension, cancellation of Auction results, and permanent exclusion from future participation.
SECTION 11 - UNCOLLECTED AND ABANDONED LOTS11.1. Lots fully paid for by the Buyer shall be deemed uncollected if not collected within thirty (30) calendar days from the date of the Auction.
11.2. The Company shall be entitled, without further notice, to transfer any uncollected Lots to paid storage (paid warehouse) at the applicable rates of its logistics and storage partners.
11.3. All expenses relating to storage, transport, insurance, and subsequent release of the Lot must be fully settled by the Buyer prior to collection.
11.4. A paid Lot cannot be returned, cancelled, or exchanged.
The Buyer has no right to withdraw from the purchase once the Auction has concluded and payment has been confirmed.
Refunds of sums paid are not permitted, in accordance with the established rules of auction practice and the prevailing international standards governing the trade in works of art and antiques.
11.5. If the Buyer fails to collect the Lot within three (3) years from the date of the Auction and has not paid the accrued storage fees, the Lot shall be deemed abandoned property within the meaning of Section 2140 of the Civil Law of the Republic of Latvia.
Ownership of such Lot shall pass to the Company, which shall have the right to:
– resell the Lot at a future auction;
– record the Lot as an asset and recognise its value as income of the Company; or
– dispose of the Lot if it has lost its commercial or collectible value.
11.6. Should the Buyer contact the Company prior to the expiry of the three-year period, the Company shall release the Lot once all accumulated charges for storage, transportation, and insurance have been paid in full.
The Company retains a lien over the Lot and may withhold release until full payment of all due expenses and storage fees.
11.7. Upon resale of the Lot, the original Buyer irrevocably loses all rights to that Lot and shall have no claim to its delivery or to any refund of previously paid amounts.
11.8. The Company accepts no liability for any change in the Lot′s market value, nor for potential defects, damages, loss of packaging, or accompanying documentation occurring during storage or transport to the paid warehouse facility.
11.9. This procedure applies to all Lots that have been paid for but not collected by the Buyer within the prescribed time limits, irrespective of the reasons for the delay in collection.
SECTION 12 - FORCE MAJEURE12.1. The Parties shall be released from liability for the total or partial non-performance of their obligations under these Terms if such non-performance results from force majeure circumstances, being events beyond their reasonable control which could not have been foreseen, avoided, or overcome by the exercise of due diligence.
12.2. For the purposes of this Section, force majeure shall include, but not be limited to: acts of war, mobilisation, blockade, epidemics or pandemics, terrorist acts, natural disasters (including fire, flood, earthquake, or similar events), strikes or labour disputes, acts or decisions of governmental or regulatory authorities, embargoes, international sanctions, and any disruption to transport, energy, or telecommunications infrastructure, as well as other extraordinary events beyond the control of the Parties.
12.3. A Party affected by force majeure shall, without undue delay, notify the other Party in writing (including by electronic means), specifying the nature, expected duration, and foreseeable consequences of such circumstances.
12.4. Should the force majeure event continue for a period exceeding three (3) months, either Party shall be entitled to terminate the performance of its obligations by providing written notice to the other Party.
12.5. The occurrence of force majeure shall not relieve a Bidder or Buyer from the fulfilment of obligations that had already fallen due prior to the commencement of such circumstances.
SECTION 13 - CONFIDENTIALITY AND DATA PROTECTION13.1. The Company, Sellers, and Bidders shall maintain strict confidentiality with respect to all information obtained in the course of organising and conducting the Auction, including but not limited to information concerning clients, Lots, prices, and transaction values, except where disclosure is required by law or pursuant to a lawful request from a competent authority.
13.2. All personal data collected by the Company in connection with the implementation of these Terms shall be processed in accordance with the applicable data protection laws and the Company′s Privacy Policy.
13.3. The Company shall ensure the security and integrity of all personal data, and shall take appropriate measures to prevent unauthorised access, copying, alteration, or disclosure of such information to third parties, except in cases prescribed by law or necessary for compliance with AML, KYC, or sanctions regulations.
13.4. The obligation to maintain confidentiality shall survive indefinitely, including following the termination of a person′s participation in the Auction.
13.5. The Company guarantees full confidentiality of the identity of all Auction participants and successful Buyers.
Names, contact details, country of residence, and any other personal information of participants shall never be published or disclosed to third parties, except where expressly required by law.
Official Auction results may include only Lot numbers, final prices, and aggregate statistical data, which do not allow the identification of any individual Buyer or Bidder.
14.1. All Bidders confirm their full legal capacity and competence, as well as their right to take part in the Auction and to conclude transactions in accordance with the laws of their respective jurisdictions.
14.2. The Company acts as the organiser and operator of the Auction, providing technical, organisational and informational support for its conduct, and may act as the Seller with respect to Lots owned by the Company.
14.3. The Company has the right to refuse or suspend execution of a transaction or delivery of a Lot if such execution may result in a breach of sanctions legislation or anti-money-laundering requirements.
14.4. The Company reserves the right to amend or supplement these Terms at any time without prior notice to Users, provided that such amendments do not affect the conditions of transactions already completed. The current version of the Terms shall be published on the official website www.antiqon.com and shall take effect from the date of publication.
14.5. All disputes, disagreements or claims arising out of or in connection with these Terms shall first be settled through amicable negotiations. If a settlement cannot be reached, the dispute shall be submitted to the competent courts of the Republic of Latvia in accordance with the applicable legislation.
14.6. These Terms are drawn up in Latvian, Russian and English languages. All versions have equal legal force; however, in the event of any discrepancy, the Latvian version published on the official website www.antiqon.com shall prevail.
14.7. If any claims or demands are brought against the Company arising from the acts or omissions of a Bidder, such Bidder shall indemnify the Company in full for all losses incurred, including legal costs, fees, fines and expenses related to legal defence.
14.8. All matters not expressly regulated by these Terms shall be governed by the provisions of the Civil Law of the Republic of Latvia and other applicable legal acts. In the event of a conflict between national and international law, the legislation of the Republic of Latvia shall prevail.
14.9. These Terms enter into force upon their publication on the official website www.antiqon.com and are binding upon all Auction participants.