Translated from Latvian original with Chat GPT 5
Before the auction, the Buyer has the right and obligation to inspect the Lot. The Buyer must take into account that Gallery Birkenfelds offers the Lot at auction in the condition and state of preservation in which it was received from the Seller. After the purchase is made, claims will not be accepted.
SIA “Birkenfelds,” hereinafter – “Gallery Birkenfelds,” organizes auctions whose rules are drawn up in accordance with the laws of the Republic of Latvia. The rules set out below govern the relationship between Gallery Birkenfelds as an intermediary acting on behalf of the Seller and the Buyer.
1.1. To participate in an auction in the gallery premises, you may register on the auction day by arriving at Gallery Birkenfelds, or by pre-registering by sending the registration form by post or e-mail. To participate online, you must register on the website www.birkenfelds.lv.
1.1.1. All requested personal data must be provided in the registration form. If the form is not completed, Gallery Birkenfelds may deny participation in the auction until the necessary information is submitted;
1.1.2. After online registration, Gallery Birkenfelds will contact the auction participant and request a copy of a valid identity document—ID card or passport. If these documents are not submitted, Gallery Birkenfelds will deny participation in the auction until the necessary information is submitted;
1.1.3. In accordance with the requirements of the NILLTFN law, Gallery Birkenfelds may request completion of a client form. If the client form is not submitted, Gallery Birkenfelds will deny participation in the auction until the necessary information is submitted;
1.2. After registration, a bidder number is assigned. Upon receiving a bidder number, the Buyer has the right to participate in auctions and to place bids, raising the Lot price by the set increments. Buyers participating as Absentee Bidders or online may indicate the maximum price they are willing to pay for the Lot.
1.3. Before the auction, the Buyer has the right and obligation to inspect the Lot. The Buyer must take into account that Gallery Birkenfelds offers the Lot at auction in the condition and state in which it was received from the Seller. Errors in the catalogue description are possible; therefore, the Buyer must carefully inspect the Lot before the auction. After the purchase is made, claims will not be accepted.
1.4. If the auction takes place in the gallery, on the auction day the Buyer, bringing an identity document, arrives at the auction venue and receives a numbered paddle before the auction begins. Each Buyer may use only their own numbered paddle and may not transfer it to another person. For safety and convenience, Lots may be presented during the auction using video or photo slides. In such cases the Buyer must take into account that the Lot may appear different in person. After the purchase is made, claims will not be accepted. If the Buyer participates online, then for the first time they must register at www.birkenfelds.lv. In subsequent auctions, already-registered Buyers need only log in.
1.5. During an in-gallery auction, the auctioneer announces the Lot’s Starting Price. By raising the numbered paddle, the Buyer may bid the Starting Price or increase it by a specified amount according to the bidding increments set out in these rules. When bidding online, the Buyer selects an amount, confirms it by pressing “Bid,” and completes the action by pressing “Yes” or “Cancel.”
1.5.1. In certain cases a Lot may have a Reserve Price and cannot be purchased at the Starting Price.
1.5.2. If a Lot has a Reserve Price and it is not reached during the auction, the Lot is not sold.
1.6. If, during an in-gallery auction, two or more Buyers bid simultaneously and it is difficult to determine who has priority, the Lot is reoffered starting from the last bid placed, or a drawing (lottery) is held.
1.7. If identical bids are received online for a Lot, the winner is the Buyer who has the higher sequence number in the auction table. When bidding online, the Buyer may set a maximum (hidden) bid, which is not visible to other participants. When another Buyer places a similar bid, the system will activate the first Buyer’s maximum bid. Next to the price, the date and time when the first Buyer’s maximum bid was activated will be indicated. In the auction table, the second Buyer’s price will be shown with a lower sequence number, and the first Buyer’s price with a higher sequence number.
1.8. During an in-gallery auction, the Buyer may verbally stop the auctioneer if the auctioneer has not noticed the Buyer’s bid. The auctioneer may adjust the auction flow and reoffer the Lot at the bid that was missed, but only on the condition that it is higher than the last bid and the online auction has not ended.
1.9. The same conditions apply to Buyers participating online and to Buyers in the auction room.
1.10. In an in-gallery auction, a Lot is considered sold when the auctioneer confirms acceptance of the highest bid with the third strike of the hammer and/or the words “Sold!”. The auctioneer may also call out the hammer strikes verbally: “First! Second! Third!”
1.11. From the moment the auctioneer announces “Sold!”, a purchase agreement is deemed concluded, but title passes to the Buyer only after full payment of all amounts specified in these rules.
1.12. Online, the auctioneer’s function is performed by the system, which records bids submitted within the specified time. If within the set time after the Buyer’s offer no higher bid is received, further bidding on the Lot is stopped and the Lot is considered sold to the Buyer.
1.13. During the auction, the auctioneer has the right to change the auction order and to auction a Lot with ascending or descending increments.
1.13.1. In a descending-price auction, the first participant who agrees to the announced price obtains the right to purchase the Lot at that price. However, if after this acceptance another participant offers a higher price, the auction continues with ascending bidding until the final buyer with the highest offer is determined. The auction is considered complete when the auctioneer confirms the final bid with a strike of the hammer and/or the word “Sold!”.
1.14. During the auction, the auctioneer has the right to change the Lot’s Starting Price, to combine, split, or alter Lots. The auctioneer may withdraw a Lot from sale at any time and may ignore or refuse a bid increment proposed by a participant.
1.15. If within two months from the date of the auction the Buyer proves that the purchased Lot is a Forgery, the Buyer has the right to request cancellation of the transaction. The Seller is obliged to refund the amount received to the Buyer.
1.16. If a Lot is recognized as a Forgery, Gallery Birkenfelds will refund to the Buyer, within one year (according to a specially arranged repayment schedule), the Buyer’s Premium paid on the Hammer Price.
1.17. Buyers participating online must take into account that the auction is conducted solely according to Latvian time. The Buyer’s presence in another time zone does not entitle them to dispute or require synchronization of the auction time in the territory of the Republic of Latvia with the real time on other data carriers.
2.1. If the Buyer cannot participate in person or through an authorized representative, they may participate by Absentee Bidding. Absentee Bidding may be carried out in writing or by telephone.
2.2. A Buyer planning to participate by Absentee Bidding fills in the Absentee Bidder registration form upon registering. If the Buyer is certain they will not be reachable by phone or internet during the auction, they should indicate the maximum price they are prepared to pay for the Lot on the registration form.
2.3. During the auction, the auctioneer or assistants will contact Absentee Buyers by telephone.
2.4. If, during Absentee Bidding, the auctioneer or assistants cannot reach the Buyer by telephone, or the call is interrupted for unknown reasons, Gallery Birkenfelds has no right to exceed the maximum price indicated by the Buyer.
2.5. If identical bids are received in Absentee Bidding for a Lot, priority is given to the bid submitted first by date and time of receipt of the Buyer’s registration form.
2.6. If during the auction the same price is offered for a Lot by an Absentee Buyer and by a Buyer present in person or represented by an authorized person, but the auctioneer cannot reach the Absentee Buyer, priority is given to the Buyer present in person or their authorized representative. A Buyer bidding online has the same rights as a Buyer in the room.
2.7. If during the auction the same price is offered by an Absentee Buyer and by a Buyer present in person or represented by an authorized person, priority is given to the Buyer present in person or their authorized representative.
2.8. The maximum price set by an Absentee Buyer is not disclosed.
3.1. Auction participants must familiarize themselves with the bidding increments:
3.2. The auctioneer may set the bidding increment during the auction.
4.1. The Buyer shall pay on the day of the auction or no later than 5 banking days after the auction.
4.2. The Buyer is obliged to pay the Lot’s Hammer Price and the Commission (Buyer’s Premium) as follows:
a) in auctions, the Commission is 18% of the Hammer Price up to EUR 30,000; above EUR 30,001 the commission is calculated similarly to point 4.2 c;
b) in online auctions, the Commission is 18% of the Hammer Price up to EUR 30,000; above EUR 30,001 the commission is calculated similarly to point 4.2 c;
c) on the portion of the Hammer Price above EUR 30,001, the Commission is 15%. The calculation is as follows: 18% is charged on the amount up to EUR 30,000, then 15% on the amount exceeding EUR 30,001;;
4.3. Payment for a Lot may be made:
a) in cash, but not exceeding EUR 7,200,
b) by payment cards; in this case an additional document processing fee of +1.5% of the transaction amount is charged,
c) by bank transfer.
d) by PayPal; in this case an additional fee of +3% of the transaction amount is charged.
If the Buyer pays using the methods mentioned in points b, c, or d, the Lot becomes the Buyer’s property only after the funds have been credited to Gallery Birkenfelds’ account.
4.4. For Buyers that are legal entities, all payments must be made by bank transfer.
4.5. If the Buyer does not pay the full Hammer Price and the Commission within 5 banking days after the auction:
4.5.1. Gallery Birkenfelds, after appropriate agreement with the Seller and in accordance with these rules and the Seller’s contract, may decide that the auction with respect to the given Lot is deemed not to have taken place;
4.5.2. Gallery Birkenfelds and the Seller may agree on the procedure for recovering damages from the Buyer.
4.6. Gallery Birkenfelds has no obligation to pay the Seller the amount due if the Buyer is unable to pay the full Hammer Price.
4.7. Gallery Birkenfelds has the right to charge a late payment penalty of 2% per month of the Lot’s Hammer Price plus the Commission for failure to pay within 5 banking days after the auction day.
4.8. All costs of transporting the Lot and the risk of any loss related to transportation from the moment of purchase are borne by the Buyer.
4.9. If the invoice is not paid within the specified period, collection of overdue invoices may be transferred to a debt collection company.
4.10. In accordance with the NILLTFN law, the Financial Intelligence Unit has the right to suspend a transaction with any Gallery Birkenfelds client.
4.10.1. If, under the NILLTFN law, the Financial Intelligence Unit orders a suspension of the transaction and the Buyer has paid for the Lot, Gallery Birkenfelds will refund funds to the Buyer only in accordance with the Financial Intelligence Unit’s instructions.
4.10.2. If, under the NILLTFN law, the Financial Intelligence Unit orders a suspension of the transaction, but the Buyer has paid for the Lot and Gallery Birkenfelds has delivered the Lot to the Buyer, the Buyer is obliged, within three (3) business days from receipt of the notice, to return the Lot to Gallery Birkenfelds. Refunds to the Buyer will be made only in accordance with the Financial Intelligence Unit’s instructions.
4.10.3. If, under the NILLTFN law, the Financial Intelligence Unit orders a suspension of the transaction, but the Seller has received payment for the Lot, the Seller is obliged to refund the funds to Gallery Birkenfelds within three (3) business days from receipt of the notice. Further actions will depend on the instructions of the Financial Intelligence Unit.
4.10.4. If, under the NILLTFN law, the Financial Intelligence Unit orders a suspension of the transaction, the Seller will receive payment for the Lot only in accordance with the Financial Intelligence Unit’s instructions.
All disputes and disagreements arising from compliance with these Rules shall be resolved through negotiations. If such disputes cannot be resolved through negotiations, they shall be settled in the courts of the Republic of Latvia in accordance with the laws in force in the Republic of Latvia.
6.1. Gallery Birkenfelds is entitled to process the personal data submitted, as well as to obtain and process the Seller’s and Buyer’s data from third parties. When communicating with an Absentee Buyer during the auction, telephone conversations may be recorded.
6.2. By registering to participate in the auction, the Buyer is added to the Gallery’s client list and will start receiving promotional materials about exhibitions and auctions at the Gallery via www.mailchimp.com. If the Buyer does not wish to receive such information, they may opt out. Each marketing message includes an unsubscribe option that, when activated, will stop further mailings. For more information, see SIA Birkenfelds Privacy Policy.pdf
6.3. The Seller and the Buyer are obliged to familiarize themselves with the Auction Rules before the auction.
6.4. By registering for the auction, by signing the absentee bidding form, or by ticking the consent box in the electronic registration document, the Buyer confirms that they have read and agree to the Auction Rules.
6.5. If the Auction Rules are translated into different languages, the Latvian text shall prevail, and texts in other languages shall be considered translations of the Latvian text only.
6.6. The Auction Rules are binding upon and apply not only to the Seller and the Buyer but also to any person authorized by the Buyer or Seller and to their successors in title, regardless of any changes.
6.7. Headings, work descriptions, and numbering in the Auction Rules are included solely for clarity and convenience and may not be used for interpreting the text and meaning of the Auction Rules.
6.8. Without special permission from Gallery Birkenfelds, it is forbidden during the auction to take photographs, film, make audio recordings, or use mobile phones, radios, and laptops.
6.9. Gallery Birkenfelds is not responsible for losses arising from force majeure or other circumstances beyond Gallery Birkenfelds’ control.
6.10. Gallery Birkenfelds has the right to use, without limitation, the Lot’s image, description, and price in its promotional materials.
6.11. In the event of disruptions in internet or telephone communications (technical, malicious, etc.) during the auction, and it is not possible to accept bids from participants bidding online, the auctioneer shall decide that: a) the online auction is suspended; b) the auction in the room continues. Bids are accepted from participants in the room and from absentee bidders (by phone and in writing).
6.12. To clarify the circumstances referred to in clause 6.11, on the first working day after the auction, until 12:00 noon Latvian time, claims or bids from bidders will be accepted.
6.13. Within two working days after the auction, the auctioneer shall make a final decision and Gallery Birkenfelds shall publish the hammer price on the website www.birkenfelds.lv or annul the auction results. If the auction results for a Lot are annulled, the Lot may be offered at a repeated auction.
6.14. Gallery Birkenfelds may conclude an agreement with the Seller on advertising the Seller’s property on the website www.birkenfelds.lv, on social networks Facebook, Instagram, Linkedin, and on renting the auction platform. The Seller must submit proof that the Lot in question is their property. Gallery Birkenfelds has the right to charge for the advertising services provided.
6.15. Any messages received from Gallery Birkenfelds’ e-mail or automatically sent from www.birkenfelds.lv, www.mailigen.lv, www.mailchimp.com are for information purposes only. They may contain errors and/or incomplete information. Such notifications must always be verified by contacting Gallery Birkenfelds. If necessary, Gallery Birkenfelds will contact the recipient(s) of the message to clarify the content of the message or will withdraw it.