AUCTION RULES, Castle Auction, SIA, vienotais reģistrācijas Nr. 40203625790, organizes auctions, under the rules of which are made in accordance with the legislation of the Republic of Latvia, a member of the Europe Union.
Any participation in the bidding at CASTLE AUCTION involves the unconditional acceptance of the following terms and conditions of sale. These terms and conditions are available in the auction room and reproduced in all the catalogues for every sale; they are also explained on our website www.CastleAuction.lv under the headings for that purpose. has endeavored to accurately describe all items being sold. All items are sold as is, where is, with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. There are NO REFUNDS. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. Castle Auction shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. Estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement written or oral made by the auctioneer or any representative of Castle Auction, shall be deemed a warranty or assumption of liability by Castle Auction or by any seller represented by Castle Auction. Castle Auction reserves the right to withdraw any property before the sale. The preview for the sale will be one day before the sale, only by pre-appointment unless further notice.
1. Definitions
In these Conditions:
(a) “auctioneer” means Castle Auction is an authorized auctioneer, as appropriate;
(b) “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(c) “terms of consignment” means the stipulated terms and rates of commission on which Castle Auction accepts instructions from sellers or their agents;
(d) “total amount due” means the hammer price in respect of the lot sold together with any premium, VAT chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(e) “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, VAT chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(f) “abbrevivation ”, D-Diameter, H-Height, FD-Foot Diameter, Pr.-Probably, MD-Mouth Diameter, W-Width.
2. Bidding Procedures and Conduct of the Auction
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid. Any bidder who refuses to provide the requested identification may be refused permission to bid.
(b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if they believe there may be error or dispute, and take such action as they reasonably thinks fit.
(c) Subject to condition 2(b) the contract between the buyer and seller is concluded on the striking of the auctioneers hammer whereupon the buyer becomes liable to pay the purchase price.
(d) Any post auction sales of lots offered at auction shall incorporate these conditions as if sold in the auction.
(e) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. Increments, bidding increments shall be at the auctioneer’s sole discretion.
4. The Purchase Price. The buyer shall pay the hammer price together with a premium thereon of 25%. The premium price is subject to VAT at the standard rate.
5. A 21% VAT Latvian Sales Tax is included in the buyer’s premium.
6. Payment
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in debit, credit card or bank transfer or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
7. Title and Collection of Purchases. The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(a) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than FIVE working days following the day of the auction.
(b) No purchase can be claimed or removed until it has been paid for and payment has cleared.
(c) Invoices will not be split or title transferred to another person(s). Invoices must be paid in full before any lots can be removed.
(d)Castle Auction will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in Castle Auction possession after ten (10) days.
8. Remedies for Non-Payment in Ten(10) days counting from the hammer date.
(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract; Including results for implementation of the forfeiture of the guaranty deposit.
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs).
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 5 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
9. Third Party Liability. All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
10. Commission, Telephone Bids and Live Online Bidding. Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf.
(a) Lots will be purchased by the Auctioneer on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute commission bids whether through the auctioneer or through any online bidding software, or where a bidding slip has been completed incorrectly. We urge commission bidders, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms.
(b) Where two or more commission bids at the same level are recorded we reserve the right at our absolute discretion to prefer the first bid so made.
(c) Telephone Bids. Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the Auctioneers and not available for online only auctions. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids.
(d) Live Online bidding.
(i) An online bidding service is offered via CASTLE AUCTION BIDDING LIVE. In completing the bidder registration on these sites, the buyer is agreeing to Castle Auction conditions of sale.
(ii) In the case where a debit or credit card has been used to register the buyer also agrees to authorise Castle Auction, if they so wish, to charge the debit or credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the online bidding platforms.
(iii) Please note there is no additional surcharge for any lots purchased via CASTLE AUCTION LIVE BIDDING, whether live bidding or commission bidding. Any lots purchased via all online bidding platform will be subject to no additional commission charge + VAT at the rate imposed on the hammer price.
(iv) Castle Auction offers online bidding services as a convenience to its clients, but neither Castle Auction nor the seller will be responsible to you for errors during or after the sale or failures to execute bids, either live bids or commission bids, placed on the internet or on your mobile device, including, without limitation, errors or failures caused by:
(v) any loss of connection to the auction being conducted online; a breakdown or problems with the online bidding software or the web site service provider; and/or a breakdown or problems with any internet connection, computer, mobile device or system.
(vi) By accessing CASTLE AUCTION LIVE BIDDING and using the software provided you are agreeing to the Website Terms and Conditions governing use of our websites. Please ensure you familiarise yourself with these prior to accessing our websites.
11. Warranty of Title and Availability. The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims. No representation or warranties are made by Castle Auction or the seller as to whether any lots is subject to copyright or whether they buyer acquires copyright in any lot.
12. Agency. The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. Terms of Sale. The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.
14. Description and Conditions
(a) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description of a lot. Buyers are welcome to make an appointment to view any lots listed on an online only auction. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded.
(b) Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. Castle Auction are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given lot prior to bidding. Castle Auction will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
(c) Where the term (a/f) is used this refers to a lot being ‘as found’, it is used for guidance only and indicates in our opinion there is significant damage or repair to an item, the omission of this term does not indicate there is not significant damage or repair to an item and Castle Auction are not liable for the omission of this term.
(d) Private treaty sales made on these premises under these Conditions are deemed to be sales by auction for the purposes of consumer legislation.
15.We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
16. Where a member of the public causes damage to a lot (or part thereof) the Auctioneers reserve the right to:
(a) sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or low estimate;
(b) hold that specific individual liable for the cost of restoration where appropriate;
(c) hold that specific individual liable for the full amount of the reserve price or lower estimate as applicable.
17 (a) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(b) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or email if provided in which case it shall be deemed to have been received by the addressee 48 hours after posting.
19. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
20. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
21. The wood stands is only for photoing assistant, not belongs to the lot unless spcified.
22. Latvian law applies to the interpretation of these Conditions.
23. In all languages of translation of the lot description, the text in English prevails.
