Online Auction Participation Conditions
As AFA IST Auction; The buyers (participants) who will participate in the online auctions we organize accept the following conditions in advance.
1- AFA IST Auction is an intermediary for the seller and is entitled to a commission at the time of sale due to the intermediary service it performs instantly in the electronic environment.
2-All artifacts offered for sale are controlled by the Museum experts of the Ministry of Culture and Tourism of the Republic of Turkey, in accordance with the Law on Cultural and Natural Assets No. 2863, and certificates are issued to those that fall within the scope of the law and are deemed necessary.
3- In order to participate in online auctions, it is obligatory to register as a member at www.afaist.com.
4-The works in the online auctions are exhibited at the address Bestekar Caddesi No: 11/B, 06680, Çankaya/ANKARA, after the online catalog is published before the sale. All the information given for the promotion of the works in the online auction catalog are the opinions of the experts. Putting the works in the online catalog is a preparation process for the online auction, and no works are sold through the online catalog until the auction day.
5- Participants of the online auction accept and declare that they have already seen and examined the works at the address specified in Article 4 of AFA IST Auction. He accepts and undertakes that all works are offered for sale as they are, that the buyer has checked the sold work sufficiently before bidding and that he has waived the provisions specified in Article 223 of the Code of Obligations. There is no obligation to write it as it is next to each work. The information given about the work and all kinds of announcements do not constitute a commitment, but are in the nature of general information. The buyer accepts this situation in advance. AFA IST Auction is not liable for the guarantee of the sold work (good). In this regard, AFA will not make any objections or demands from the IST Auction firm in the future.
6-In online auctions, the price increase is made by clicking on "GIVE PAY". The buyer is bound by the offer he has made by giving bids in the online auction. The item that is the subject of the auction is tendered to the buyer with the highest bid as of the auction end time determined by AFA IST Auction. The buyer, for whatever reason, cannot ignore the nullity of the auction. Our company has the authority to determine how much value increase means by pressing the PEY VER section in the online auction and to change these values. Increasing the price of a work put up for Online Auction can be started with twenty percent or less of the estimated value. Guests who do not register as members on the site and do not receive an "online auction participation password" cannot participate in the online auction. "Online auction participation password" is personal; It is forbidden to use it other than the person who has a membership. The online auction participant accepts, declares and undertakes that our company will not accept any responsibility for the use of this unique password by other people. The auction continues by giving bids until the end of the period given for the product, and when the time expires, the person who gives the most bids to the product wins the auction.
6.1- In online auctions held on the AFA IST Auction website, the highest bid given for the product subject to the auction will be displayed on the auction screen while the auction continues. In this context, online auction participants, bids put forward and what amount bid by whom, who bids the highest bid, etc. The information will be encrypted and secured by our company, and the participants accept, declare and undertake that they have no right to object to these records in any way.
6.2- VAT and intermediary service commission fee (+VAT) will be added to the prices of the products put up for online auction, and the buyer is responsible for all costs.
7-Invoices are prepared for all purchased works. Invoices are issued according to the member number, name, surname and address. However, the invoice given to the customer is issued by AFA IST Auction due to legal obligation. Invoicing does not indicate that AFA IST Auction is a seller. AFA IST Auction is not a seller; It is an intermediary in the sale. 10% commission + VAT receivable that AFA IST Auction will be entitled to due to this brokerage service will be paid separately by the person remaining on the item in the auction. AFA IST Auction's commission (+VAT) will become due from the moment the auction ends. Even if the buyer refuses to buy the work that is the subject of the tender, he is obliged to pay the 10% commission fee in addition to the penal clause. The service offered by AFA IST Auction within this scope;
8-The cost of the purchased goods is paid in advance by money order, within 7 days from the date of the auction at the latest by the buyer. AFA IST Auction, for which the buyer pays the entire sales price, Value Added Tax (VAT) and 10% auction company commission (+VAT), will be bound to deliver the product. From the payment; AFA IST Müzayedede will send/deliver the goods to the buyer within 7 days for intra-city deliveries and 14 days for out-of-town deliveries, or the purchased goods will be received by the buyer at Bestekar Caddesi No: 11/B, 06680, Çankaya/ANKARA. If the goods are shipped, the buyer is notified by AFA IST Auction that the goods have been shipped. AFA IST Auction cannot be held responsible for delays caused by the cargo company.
9- Since the auction to be held is realized according to the regulation in TCO 274 and its continuation and cannot be considered as a distance sales contract regulated in Article 48 of the Consumer Law, the person participating in the tender has no right of withdrawal. If the person remaining after the auction does not pay the price of the work in full within 7 days, AFA IST Müzayede is authorized to terminate the sales contract if it wishes, to collect the 10% penalty clause and all losses incurred, together with commercial interest and 15% monthly interest to be charged from the invoice date. Other lawsuits and claims rights of AFA IST Auction are reserved. The sold work will not be delivered to the buyer unless the buyer pays all the expenses incurred by AFA IST Auction for the preservation of the work within the period until the invoice is collected.
10- Notifications made by post, fax, e-mail or telephone to the open mail address and other contact information specified by the auction participant in the online membership form, the notifications and the product are late to the Auction participant due to inaccuracies in the information given, address change, late arrival to the address and delays in PTT/cargo. AFA IST Auction is not responsible for its delivery.
11- In cases where the works offered for sale within the scope of Online Auction do not have the declared qualifications, are not suitable for the declaration in terms of origin, or are disposed of without the consent of the right holder, the legal responsibility belongs to the person requesting the sale of the work, since AFA IST Auction is not a seller.
12- AFA IST Auction has the right to withdraw any work from the auction, to sell it together with another work, to separate it from each other and to refuse the sale. As a result of all objections and notifications about the works in the online catalog until the auction day, it has the right not to offer the related work to the auction and to apply the legal procedure.
13- AFA IST Auction has the authority not to accept people whom it deems suspicious as members and not to accept online auctions without any excuse. In addition, due to the fact that AFA IST Auction is in the position of an intermediary for the seller, the provisions of the custody liability stipulated in Articles 214 and 218 of the BK cannot be applied. Persons under the age of 18 cannot become members.
14-To bid and participate in an online auction; It means accepting in advance all of the above-mentioned conditions, as well as other rights and obligations of our institution regarding them (No objections are made after the sale is made).
15-In case of typos in the Online Catalogue, the explanations given by our company are taken as basis.
16-All kinds of texts and photographs published in the Online Catalog cannot be published in whole or in part without the written permission of AFA IST Müzayede.
17- The catalog values of the works offered for sale in Online Auction are the starting price of the auction, not the final values of the works.
18-New laws, changes in laws and changes in tax rates that may arise after the publication of the Online Catalog will be reflected to the buyers, and AFA IST Auction will not be held responsible.
19-Online auction works are only delivered to addresses in Turkey.
Pursuant to Article 45 of the Law No. 20-5846 and the decision of the Council of Ministers dated 27.09.2006 and numbered 2006/10880, in this context, AFA is given to the owners of the works whose works will be sold at auction regarding the shares that must be paid to the artists or right holders, provided that the document order is complied with. IST Auction's right of recourse is reserved.
21-Everyone who registers as a member and obtains a member number and participates in the online auction is deemed to have read and accepted the above conditions in advance.
22-Istanbul Courts and Enforcement Offices are authorized in disputes arising from the Auction Participation Conditions.
