Auction Terms and Conditions

Kunstikoda online auctions

In force from 1 October 2026 to 30 September 2027. Version 1.

This translation is provided for convenience. In case of discrepancy, the Estonian version prevails.

1. General

1.1.These terms and conditions (the “Terms”) govern participation in the art auctions organised by Vlaesto OÜ (registry code 11785091, address Väike-Sõjamäe tn 3e, Lasnamäe linnaosa, 11415 Tallinn, Harju County, Estonia; the “Organiser” or “Kunstikoda”) on the website kunstikoda.ee (the “Website”) and the contracts of sale concluded at those auctions.

1.2.In these Terms:

• Bidder means a registered user who places bids at an auction;
• Buyer means the Bidder whose bid is the highest when a lot closes and at least equal to the reserve, or the Bidder who accepts an offer under clause 7.5;
• Consumer means a natural person acting for purposes outside their trade, business or profession;
• Business Buyer means a Buyer who is not a Consumer;
• Lot means a work or group of works offered at auction;
• Catalogue means the lot descriptions and special conditions of a particular auction published on the Website.

1.3.Auctions are conducted exclusively online as timed auctions. No saleroom auction at which Bidders could attend in person takes place.

1.4.By placing a bid the Bidder confirms that they have read and accept the Terms and undertake to comply with them.

1.5.The date of each auction, lot closing times, viewing arrangements and the buyer’s premium rate are published in the Catalogue. Special conditions published in the Catalogue form part of the Terms and prevail in case of conflict.

1.6.The Organiser may amend the Terms. An auction is governed by the version in force when its Catalogue was published. The Terms are not amended in respect of an auction already in progress.

1.7.The contract of sale between the Organiser and the Buyer is concluded when the lot closes, provided the highest bid is at least equal to the reserve, or when an offer under clause 7.5 is accepted.

2. Ownership of lots and disclosure of interest

2.1.Most of the works offered are owned by the Organiser. The Organiser is therefore both the auctioneer and the seller.

2.2.Where a work belongs to a third party, the Organiser does not disclose the seller’s name to the Buyer nor the Buyer’s name to the seller, except where required by law.

2.3.The Organiser does not place, and does not procure any third party to place, bids for the purpose of artificially raising the price.

2.4.After the auction the Organiser may sell an unsold work in its online shop, at a later auction or otherwise, at any price.

3. Description, condition and terminology

3.1.Each lot is described in the Catalogue with the following information, to the extent known to the Organiser: artist, title, date, technique and materials, sheet and image dimensions, signature and its position, edition, condition, framing, provenance and the existence of an expert report.

3.2.Where any item of information is unavailable or uncertain, this is stated in the description (for example “edition unknown”, “unsigned”, “attributed to”).

3.3.Catalogue descriptions, including authorship, date, technique, edition and provenance, are statements of the Organiser’s opinion based on the information known and generally accepted scholarly opinion at the time the Catalogue was prepared.

3.4.The following terms are used in the Catalogue:

• artist’s name (e.g. “Eduard Wiiralt”) – in the Organiser’s opinion the work is by that artist;
• “attributed to” / “ascribed to” – in the Organiser’s opinion the work is probably by that artist, but there is less than full certainty;
• “workshop of”, “circle of”, “school of” – the work was produced in the artist’s circle or under their influence, but not necessarily by the artist;
• “after” – a copy or variation of a work by the artist;
• “signed”, “dated” – in the Organiser’s opinion the signature or date is by the artist;
• “bears signature” – the work bears a signature, but the Organiser does not confirm its authenticity;
• “posthumous impression” – the impression was pulled after the artist’s death.

3.5.The works are second-hand objects. Ordinary traces of age – paper toning, light foxing, darkened margins, wear to the frame – are not defects within the meaning of the Terms where they are stated in the description or are usual for a work of that age.

3.6.Photographs are illustrative. Colours, tones and paper texture may differ from the original depending on the screen, lighting and photographic conditions. A deviation in dimensions of up to 1 cm is not a defect.

3.7.Frames, glazing and mounts do not form part of the work of art for the purposes of the authenticity guarantee in clause 12.4. Their condition is described in general terms.

3.8.Before bidding, a Bidder may view a work in Tallinn by appointment and request additional photographs and condition details at info@kunstikoda.ee. The Organiser normally replies within one business day. By placing a bid the Bidder confirms having examined the lot description and photographs.

3.9.Where a work is accompanied by an expert report prepared by a third party, the Catalogue states the author and year of the report. The Organiser is not liable for the content of a report prepared by a third party.

4. Registration and identity verification

4.1.Only registered users may bid.

4.2.Registration requires accurate details: given name and surname, valid e-mail address, telephone number and address; for legal persons also the business name and registry code.

4.3.The Organiser may require identity verification (e.g. by ID card, Smart-ID, Mobile-ID or identity document) before granting bidding rights or releasing a work, may refuse registration and may restrict or withdraw bidding rights without stating reasons.

4.4.For lots designated in the Catalogue, the Organiser may require a deposit or card pre-authorisation before bidding. A deposit is returned to a Bidder who does not become a Buyer within five business days of the close of the auction. A Buyer’s deposit is credited against the purchase price; in case of default the Organiser may set the deposit off against its claims.

4.5.Where the value of a transaction or of linked transactions is EUR 10,000 or more, the Organiser is required under the Money Laundering and Terrorist Financing Prevention Act to identify the Buyer and their beneficial owner and may request information on the source of funds. The work is not released until the information has been provided. If it is not provided, the Organiser may refuse the transaction.

4.6.The Bidder is responsible for safeguarding their account and password. Bids placed from an account are deemed to have been placed by the account holder.

4.7.Persons under 18 years of age may not bid.

4.8.A Bidder bids in their own name. Bidding on behalf of a third party is permitted only with the Organiser’s prior written consent and under a power of attorney; the agent is jointly and severally liable with the principal.

5. Bidding

5.1.Bids may be placed on the Website throughout the auction. Each lot closes at the time stated in the Catalogue. Time is determined by the Organiser’s server time (Estonian time).

5.2.A Bidder may set an automatic bid (a maximum price). The system raises their bid automatically in increments up to that maximum. The maximum is not shown to other Bidders.

5.3.A bid is binding and cannot be withdrawn or reduced.

5.4.Where two bids are equal, including equal automatic bids, the earlier bid prevails.

5.5.If a new bid is placed within the last three minutes before a lot closes, bidding on that lot is automatically extended by three minutes. The extension repeats with each further bid.

5.6.The time, amount and order of bids are established by the Organiser’s system records unless proven otherwise.

5.7.In the event of technical failure, manifest error, breach of the Terms or reasonable suspicion of a breach, the Organiser may cancel a bid, withdraw a lot, reopen bidding on a lot, or suspend the auction and resume it later. The Organiser notifies Bidders without delay.

5.8.The bidding history of a lot is displayed on the Website with partially masked usernames. Bidders’ names are not published.

6. Bidding increments

6.1.Bids advance in the following increments unless the Catalogue provides otherwise.

7. Starting price and reserve

7.1.The starting price is the lowest amount at which bidding on a lot opens.

7.2.A lot may carry a reserve – the lowest price at which the seller is willing to sell. The amount of the reserve is not disclosed.

7.3.Until the reserve is met, the lot displays the notice “reserve not met”.

7.4.If the reserve is not met, no contract of sale is concluded and no obligation to buy or sell arises.

7.5.After the auction the Organiser may offer the highest Bidder the opportunity to buy the work at the reserve or another agreed price. Acceptance is entirely at the Bidder’s discretion.

8. Purchase price, buyer’s premium and taxes

8.1.The hammer price is the highest bid placed on a lot.

8.2.The purchase price consists of the hammer price, the buyer’s premium and, where applicable, the charge referred to in clause 8.5.

8.3.The buyer’s premium rate and any promotions are published in the Catalogue of each auction. The premium is added to the hammer price even where the hammer price equals the starting price.

8.4.Prices are in euros and include value added tax where applicable. The basis on which VAT is applied is stated on the invoice.

8.5.Where the sale is subject to the artist’s resale right under the Estonian Copyright Act, a resale royalty calculated in accordance with the law is added to the purchase price, provided this is indicated for the lot in the Catalogue.

8.6.The purchase price does not include packing, shipping, insurance or export licence costs, which are borne by the Buyer.

9. Payment and default

9.1.The Organiser normally sends the invoice within two business days of the close of the auction to the e-mail address given at registration.

9.2.The invoice is payable within five (5) calendar days of being sent.

9.3.Payment may be made by bank transfer to the Organiser’s bank account stated on the invoice or by another method stated on the invoice or the Website. Payment is deemed made when the funds are received in the Organiser’s account. Bank charges are borne by the Buyer.

9.4.On amounts not paid when due the Organiser may charge late-payment interest: 0.1% per day to a Business Buyer, and to a Consumer at the rate set out in § 113(1) of the Estonian Law of Obligations Act.

9.5.If the Buyer fails to pay on time, the Organiser may: (a) demand performance; (b) set an additional period of at least three days and, on its expiry, withdraw from the contract; (c) offer the work to the next-highest Bidder or resell it; (d) claim compensation for loss, including any shortfall on resale and the costs of resale; (e) restrict the Buyer’s participation in future auctions and close their account.

9.6.On withdrawal from the contract because of the Buyer’s failure to pay, the Organiser may claim a contractual penalty of 15% of the hammer price, but not less than EUR 50. The penalty is credited against any claim for damages. This clause does not apply to a Consumer who has exercised the right of withdrawal under clause 11.

9.7.The Organiser may refer an unpaid claim to a debt collection agency and disclose the data to a payment default register.

9.8.Title passes to the Buyer upon payment of the purchase price in full. The Organiser may refuse to release any work until the Buyer has settled all monetary obligations owed to the Organiser.

10. Delivery, risk and storage

10.1.The work is released to the Buyer after receipt of the purchase price and, where required, verification under clauses 4.3 and 4.5.

10.2.The work may be collected in Tallinn by appointment or shipped by carrier. Shipping terms and charges are set out in the Delivery Terms. Shipping and insurance costs are borne by the Buyer.

10.3.Risk of accidental loss of or damage to the work passes to a Consumer when the Consumer or a third party designated by them (other than the carrier) takes possession of the work; where the Consumer chose a carrier not offered by the Organiser, on delivery to that carrier. Risk passes to a Business Buyer on delivery to the Buyer or to the carrier.

10.4.The Buyer shall take delivery of, or arrange collection of, the work within ten (10) business days of payment. If the Buyer fails to do so, risk passes to the Buyer on expiry of that period.

10.5.After that period the Organiser holds the work at the Buyer’s expense. The storage charge is EUR 5 per lot per day unless otherwise agreed. The Organiser is liable for a work in storage only in case of intent or gross negligence.

10.6.If the Buyer has not taken delivery within 60 days of the Organiser’s written reminder, the Organiser may sell the work in accordance with the procedure provided by law and set off its claims against the proceeds.

10.7.The Buyer is responsible for obtaining any permits required to export the work from Estonia. The Organiser will indicate, to the extent known to it, where a work may be subject to cultural property export licensing, but does not guarantee that a permit will be granted. Refusal or delay of a permit does not release a Business Buyer from the obligation to pay the purchase price.

11. Consumer’s right of withdrawal

11.1.A Consumer may withdraw from the contract without giving reasons within 14 days of the day on which the Consumer or a third party designated by them (other than the carrier) takes physical possession of the work. A Business Buyer has no right of withdrawal.

11.2.To withdraw, the Consumer must send the Organiser an unequivocal statement to info@kunstikoda.ee before the period expires. The Consumer may use the model form annexed to these Terms, but is not obliged to do so.

11.3.The Consumer shall return the work without undue delay and in any event within 14 days of sending the withdrawal statement, in the same condition and in its original or equivalent protective packaging. The direct cost of return, including insured shipping, is borne by the Consumer. In Tallinn the work may also be returned in person by appointment.

11.4.The Organiser refunds all payments received from the Consumer under the contract, including the buyer’s premium and the cost of standard delivery, without undue delay and in any event within 14 days of receiving the withdrawal statement, using the same means of payment. The Organiser may withhold the refund until it has received the work back or the Consumer has supplied evidence of having sent it, whichever is earlier. Supplementary costs of a delivery method more expensive than standard delivery are not refunded.

11.5.The Consumer is liable for any diminished value of the work resulting from handling other than what is necessary to establish its nature and characteristics (e.g. cleaning, restoration, trimming, damage).

12. Conformity, claims and authenticity guarantee

12.1.As the works are second-hand goods, the parties agree that a Consumer may rely on a lack of conformity of the work that becomes apparent within one year of delivery. The Consumer shall notify the Organiser of a lack of conformity within two months of discovering it.

12.2.A work is sold to a Business Buyer as described in the Catalogue. Claims regarding condition or description must be made within 14 days of delivery; later claims will not be accepted, save under the guarantee in clause 12.4.

12.3.Claims must be made in writing with photographs. The Organiser may inspect the work before resolving a claim. The work must not be altered or restored until the claim is resolved.

12.4.Authenticity guarantee. The Organiser guarantees to the original Buyer that a work whose artist is named in the Catalogue without any of the qualifying terms listed in clause 3.4 is by that artist. The guarantee is valid for 12 months from the date of purchase on the following conditions:

• the Buyer notifies the Organiser in writing within two months of the doubt arising and in any event within the guarantee period;
• the Buyer provides a reasoned written opinion of a recognised independent expert that the work is not by that artist. The Organiser may commission a second opinion at its own expense; if the opinions differ, the parties jointly appoint a third expert whose opinion is decisive for the purposes of the guarantee;
• the Buyer returns the work in the same condition and free of any third-party rights.

12.5.Under the guarantee the Organiser refunds the purchase price paid. Other costs and losses, including expert fees, change in the value of the work and loss of profit, are not compensated under the guarantee, save in cases of intent or gross negligence.

12.6.The guarantee does not apply where: (a) the work was catalogued with a qualifying term listed in clause 3.4 (“attributed to”, “ascribed to”, “workshop of”, “circle of”, “school of”, “after”, “bears signature”); (b) the description was in accordance with generally accepted scholarly opinion at the time the Catalogue was published, or the Catalogue stated that opinions differ; (c) the attribution can be disproved only by a method that was not generally accepted at the time the Catalogue was published, was unreasonably costly or could have damaged the work.

12.7.The guarantee is personal and does not pass to any subsequent owner of the work.

12.8.Clauses 12.4–12.7 provide an additional commercial guarantee and do not affect a Consumer’s statutory rights.

13. Rights of the Organiser

13.1.Before or during the auction the Organiser may withdraw a lot, alter the order of lots and correct errors in the Catalogue, giving notice on the lot page.

13.2.The Organiser may restrict or terminate a Bidder’s bidding rights, close their account and refuse further registration where the Bidder has breached the Terms, supplied inaccurate information or failed to pay for an earlier purchase.

13.3.The Organiser may monitor bidding activity and investigate suspected breaches of the Terms.

13.4.The Organiser may publish auction results (work, hammer price and purchase price) and use photographs and descriptions of the works, including in its price archive, after the work has been sold. The Buyer’s name is not published.

14. Liability

14.1.The Organiser is responsible for the accuracy of the Catalogue information to the extent of the information known to it and to the extent set out in clause 12.

14.2.The Organiser is not liable for loss arising from failure of the Bidder’s internet connection or equipment, nor from technical interruptions caused by hosting, payment or other third-party service providers outside the Organiser’s control.

14.3.The Organiser is not liable for non-performance caused by force majeure.

14.4.The Organiser’s liability is limited to the purchase price of the lot concerned. The Organiser is not liable to a Business Buyer for indirect loss or loss of profit.

14.5.The limitations of liability do not apply in cases of intent or gross negligence, death or personal injury, or to the extent that the law does not permit liability to be limited.

15. Personal data

15.1.The Organiser processes Bidders’ personal data as described in the Privacy Policy.

15.2.When auction results are published, only the work and the price achieved are published, not the Buyer’s name.

16. Governing law, disputes and validity

16.1.The Terms and relationships arising under them are governed by the law of the Republic of Estonia. For a Consumer, this choice of law does not deprive them of the protection afforded by the mandatory provisions of the law of their country of habitual residence.

16.2.Disputes are settled primarily by negotiation. Failing agreement, disputes with a Business Buyer are resolved by Harju County Court, and disputes with a Consumer by the court having jurisdiction under the law.

16.3.A Consumer may apply to the Consumer Disputes Committee operating at the Consumer Protection and Technical Regulatory Authority (Endla 10a, 10122 Tallinn, www.ttja.ee).

16.4.If any provision of the Terms is held invalid, the validity of the remaining provisions is not affected.

16.5.The Terms are in force from 1 October 2026 to 30 September 2027. If no new version has been published by then, the Terms remain in force until a new version is published.

17. Contact

Vlaesto OÜ · registry code 11785091 · VAT number EE101339476

Address: Väike-Sõjamäe tn 3e, Lasnamäe linnaosa, 11415 Tallinn, Harju County, Estonia

E-mail: info@kunstikoda.ee · Telephone: +372 5839 4841 · Website: kunstikoda.ee

Annex. Model withdrawal form