Auctions of Products

§1 General provisions

1. The Auction Regulations define the rules and conditions for the sale of Goods by means of bidding (auction) conducted via the Wisła Kraków Online Store.
2. The Auction Regulations constitute an annex to the Regulations of the Wisła Kraków Online Store and are an integral part thereof.
3. In matters not regulated by the Auction Regulations, the provisions of the Online Store Regulations and the provisions of generally applicable law shall apply, in particular the Civil Code and the Consumer Rights Act.
4. The Auction Regulations apply only to Goods marked in the Store as "Auction" or made available in the "Auctions" collection.

§2 Definitions

For the purposes of the Auction Rules, the following terms shall have the following meanings:

1. Starting Price – the minimum starting price of the Auction indicated on the Item card.
2. Auction Duration – the period during which Customers can submit Bids, indicated on the Product card.
3. Bidding (Auction) – a method of selling Goods in which Customers submit Bids, and a Sales Agreement is concluded with the Customer who submitted the highest bid, under the terms and conditions specified in the Regulations.
4. Minimum Bid Increment – ​​the minimum amount by which the Client may increase the current highest Bid.
5. Bid Offer – a declaration of intent of the Customer, submitted via the Store, including the proposed price for the Goods covered by the Auction.
6. Confirmation – the Seller’s action of approving the highest Bid and ending the Auction, resulting in the conclusion of the Sales Agreement.
7. Auction Rules ¬– these rules for the auction of Goods.
8. Auction Winner – the Client whose Bid was accepted through Confirmation.

§3 Rules for conducting the Auction

1. The Auction Announcement (Product Card) includes in particular:

a. description of the Goods,
b. Starting Price,
c. Minimum Increment or method of determining it,
d. Auction Duration,
e. information on the possible exclusion of the right to withdraw from the Sales Agreement.

2. Submitting a Bid is equivalent to:

a. acceptance of the Online Store Regulations and the Auction Regulations,
b. the Client is bound by the submitted offer until it is outbid by another offer or the Auction ends.

3. Bids are submitted only via the Online Store by Customers who have an active Account.

4. The Seller reserves the right to:

a. rejection of a Bid submitted in violation of the Regulations,
b. invalidate the Auction in the event of a technical failure, obvious error, actions contrary to the law or good manners or an attempt to manipulate the course of the Auction.

§4 Conclusion of the Sales Agreement

1. The conclusion of the Sales Agreement by way of Auction takes place upon the Confirmation of Bids, in accordance with Article 70¹ §2 of the Civil Code.
2. Upon Confirmation, the Winner of the Auction is obliged to pay the final price, i.e. the price resulting from the highest Bid, increased by delivery costs, if any.
3. The Seller shall immediately send the Auction Winner confirmation of the conclusion of the Sales Agreement to the e-mail address assigned to the Customer Account.
4. If the Goods are delivered outside the territory of the Republic of Poland, additional fees may apply, in particular customs duties, taxes, or other public law liabilities resulting from the laws in force in the destination country. The Customer is solely responsible for paying these fees.

§5 Payment and non-payment

1. The Auction Winner is obliged to make the payment within 48 hours of receiving the Confirmation of Bidding, unless the Product card states otherwise.
2. In the event of failure to pay on time, the Seller is entitled to:
a. withdrawal from the Sales Agreement,
b. relisting the Goods for auction or sale in any other way,
c. offering the Goods to another Customer.
3. Failure to pay on time may result in the temporary or permanent blocking of the Customer Account.

§6 Right of withdrawal

1. The Consumer shall not have the right to withdraw from a Sales Agreement concluded through an Auction if the Auction in question constitutes a public auction within the meaning of Article 38, point 11 of the Act on Consumer Rights.
2. If the Auction does not meet the characteristics of a public auction, the Consumer has the right to withdraw from the Sales Agreement under the terms and conditions specified in the Regulations of the Online Store.
3. Information on the exclusion of the right of withdrawal is always indicated on the card of the Goods covered by the Auction.

§7 Complaints

1. The provisions of §9 of the Online Store Regulations apply to complaints about Goods purchased through Auctions.
2. The description of the Goods provided on the Auction card constitutes the basis for assessing their compliance with the Sales Agreement.
3. In the case of used, collectible or souvenir Goods, the Customer acknowledges that their features and traces of use result from the nature of the Goods.

§8 Limitation of the Seller's liability

1. Goods offered at the Auction may be of a collectible, commemorative, unique or used nature, in particular they may be match memorabilia, items related to the history of the Club or sporting events.
2. The Customer acknowledges that the description of the Goods, photographs and other materials presented on the Auction card are for illustrative and informative purposes only, and that minor differences in the appearance of the Goods resulting from their nature, age or method of use do not constitute a defect of the Goods.
3. The Seller is not liable for natural traces of use, patina, minor damage, discoloration or other features resulting from the nature of the collectible or souvenir Goods, provided that they are disclosed in the description of the Goods or result from their properties.
4. The Seller's liability under the warranty for defects in the Goods is limited to the extent permitted by applicable law, in particular it does not cover defects about which the Customer was informed before concluding the Sales Agreement.
5. The Seller is not responsible for the Customer's subjective expectations regarding the collectible, sentimental or investment value of the Goods.

§9 Final provisions

1. Wisła Kraków is entitled to introduce changes to the Auction Regulations, in particular with regard to adapting its provisions to generally applicable legal provisions or the principles of operation of the Online Store.
2. The Seller will make the amended Auction Rules available in the Wisła Kraków Online Store, including via a durable medium in PDF format. Any amendment to the Auction Rules will take effect on the date the durable medium PDF is published on the Wisła Kraków Online Store website, and information about any amendments to the Auction Rules will be published on that website.
3. In the event of a change to the Auction Regulations, all Sales Agreements concluded through an Auction concluded before the date of entry into force of the change to the Auction Regulations shall be implemented in accordance with the rules in force on the date of conclusion of the Sales Agreement.
4. The Auction Rules are available for inspection free of charge at the Wisła Kraków office and are each time made available to the Customer before concluding the Sales Agreement in the form of a durable medium in PDF format, enabling its storage and reproduction in the course of ordinary activities.
5. The court having jurisdiction to resolve any disputes that may arise from the application of the Auction Regulations is the common court having jurisdiction in accordance with applicable law.
6. The processing of Customers' personal data is carried out in accordance with the principles set out in the Wisła Kraków Online Store Regulations and the Privacy Policy, and by taking part in the Auction, the Customer confirms that he or she has read their provisions.
7. The Auction Regulations come into force on the date of their publication on the website of the Wisła Kraków Online Store.