Balclis December Auction

General Terms and Conditions on auctions in BALCLIS These General Terms and Conditions about auctions (the ?General Conditions?) regulate the access and use of the mediation service (the ?Service?) supplied by the company SACLIBA, S.L. (?BALCLIS?) to be able to participate in a public auction sale (the ?Auction/s?) of art objects, collection pieces, antiquities, jewellery and other goods (the ?Lot/s?). The mediation Service between the Lot?s owner (the ?Consignor?) and the people interested in acquiring it (the ?User/s?) is provided by BALCLIS to Users, both face to face in our own saleroom (the ?Saleroom?), and through our website www.balclis.com (the ?Platform?) as a public auction sale. Henceforth, those Users who make use of the Service only in the Saleroom shall also be referred to as ?Present Users? and those who do so by registration on the Platform shall be referred to as ?Online Users?. These General Conditions shall apply equally both to Present Users and Online Users, except for the specifications that are expressly indicated for each of the two types of Users in clauses 20 and 21, respectively, of these General Conditions. The use of the Service implies full acceptance of these General Conditions. If the User disagrees with all or part of these General Conditions, he/she shall refrain from using this Service. By means of the acceptance of these General Conditions, the User states: · That he/she has read and understands what is exposed here. · That he/she assumes all the obligations contained herein. · That he/she is a person of legal age and with sufficient capacity to use the Service. 1. Holder of the Service The holder and owner of the Service is BALCLIS, with registered office in Rosselló 227, Bajos, 08008, Barcelona (Spain), with VAT Number B08670408 and registered in the Barcelona Commercial Registry, Volume 35.285, Page 125, and Sheet B-58313. The e-mail address info@balclis.com is made available to the Users so that they can ask any questions about these General Conditions and about the Auctions. 2. Registration In order to participate and bid in the various Auctions, the User shall be registered as a User and accept these General Conditions and the Privacy Policy provided to him/her. There are no registration costs for the User. The User shall complete the registration form (the ?Form?) that BALCLIS will make available to him/her, with his/her personal data, which must be true and accurate. In the event of any misrepresentation or manipulation, BALCLIS shall terminate the User?s registration. A Registered User can modify his/her data and bid in the Auctions of his/her interest. Additionally, he/she is entitled to have all the information regarding his/her bids, purchases and invoices up to date. 3. Applicable legislation These General Conditions are subject to the provisions of the Spanish Law 7/1998, of April 13th, on General Contracting Terms; the Consolidated Draft of the General Law for the Protection of Consumers and Users and to other complementary laws, approved by the Spanish Royal Legislative Decree 1/2007, of November 16th; the Spanish Organic Law 15/1999 of December 13th, on the protection of Personal Data and its Development regulations; the Spanish Act 7/1996, of January 15th, on the Retail Trade Regulations and the Spanish Act 34/2002, of July 11th, on Information Society Services and Electronic Commerce. In any event, Users shall be as well subject to any other applicable rules, such as the Spanish Act 16/1985, of June 25th, on the Spanish Historical Heritage, The General Tax Law 58/2003, of December 17th and the Spanish Royal Legislative Decree 1/1996, of April 12th, approving the consolidated draft of the Spanish Copyright Law. 4. Description of the Service BALCLIS acts only as an intermediary between the Consignor and the User in relation to the Lots auctioned at Auctions. All Lots included in Auctions shall be accompanied by a cataloguing and a description, as well as images that allow the User to have a clear idea of the condition and characteristics of that Lot. The User is informed that, since most Lots auctioned on the Platform are physically located in any of the BALCLIS facilities (the ?Facilities?), he/she may personally examine in the Facilities the Lot he/she is interested in. In any case, the time allowed for auctioning each Lot shall not in any case be altered by the User?s face-to-face examination. Lots shall be assigned to the User who has bid (the ?Bidder/s?) and who is the highest bidder at the end of the Auction, provided that all the requirements stated in these General Conditions are met. BALCLIS reserves the right to: i) request further references to the User in order to check out some of the information provided in the Form; ii) request additional guarantees in order to be able to bid in the Auction and iii) accept or reject bids of any User at an Auction. Once the Auction of a Lot has been completed, the User who, where relevant, has purchased it, shall immediately receive an email from BALCLIS informing him/her that it has been knocked down, accompanied by the proforma invoice, which shall be settled within the following fifteen (15) calendar days from the date of the invoice. Minimum Bid: It is the amount from which a Lot shall be auctioned at an Auction. Minimum Selling Price: It is the minimum price from which a Lot shall be knocked down at an Auction. Estimation: It is the price range that BALCLIS specialists suggest as an indicative price for the Lot. Absentee bid or written bid: BALCLIS may place a bid on behalf of a User up to the maximum amount that he/she has authorized. This bid is confidential and, in any event, BALCLIS shall defend the bid without exceeding the amount authorized by this User. All bids of a User at an Auction that are accepted by BALCLIS are binding and may not be withdrawn. Consignors are strictly prohibited from bidding themselves or through third parties on their own Lots with the purpose to increase their hammer price instead of with the purpose to purchase them. In the event that this kind of action is detected, BALCLIS reserves the right to immediately cancel that User account, and to withdraw that specific Lot from the Auction. 5. Information about the lots 5.1. Identification Any statement or report that appears in an Auction of the Platform, referring to the authorship, attribution, date, age and origin, correspond to the expression of an opinion that is interpreted according to the following terms, using as a model the artist Luis de Morales: a) Luis de Morales (first and last name).- It means that, in our opinion, it is a genuine artwork of the aforementioned artist, based on the knowledge that we have about the characteristics of his work up to the date of the auction. b) Attributed to Luis de Morales - It means that we consider that the work probably belongs to the aforementioned artist. c) Workshop of Luis de Morales - It means that, in our opinion, the work was made in the workshop of the aforementioned artist by an unknown artist, not necessarily under his direction. d) Circle or follower of Luis de Morales - It means that, in our opinion, that work was made by an unknown or unidentified artist, but apparently following the aforementioned artist?s school, not necessarily by a disciple of him. e) According to Luis de Morales - It means that, in our opinion, that work is a copy made following an original by the aforementioned artist. f) Spanish school, 17th Century (school and date) - It means that, in our opinion, it is a work made by an artist of that nationality or working in Spain and made in the 17th Century, according to the style of that period. g) The term ?Signed? means that, in our opinion, this is the authentic signature of the artist. h) The term ?with signature? means that, in our opinion, the signature is made by someone other than the aforementioned artist and without his consent. i) The term ?Dated? means that, in our opinion, the date was written by the artist. j) The term ?with date? means that the date was added by someone other than the artist. When a Lot may have a study, certificate or publication by an independent expert outside BALCLIS, the User shall accept such document and its authenticity as valid. 5.2. Condition of the Lots Lots shall be auctioned in their actual condition, and BALCLIS shall not accept any claims regarding restorations, breakages or other damages, even if they have not been included in the descriptions of the lots. The exhibition of Lots, if any, prior to the Auction in the Facilities seeks to enable its perfect examination and study by the Users. Likewise, the measures of furniture, works of art and objects are as precise as possible; however, due to the formal features of many of them, they must be approximate. The valid text of the catalogue, descriptions and Lot's status reports is the Spanish version, which is published online or when appropriate, and that reported by the auctioneer; BALCLIS shall not accept any claims regarding possible errors contained in translations to other languages. All items included in BALCLIS auctions containing ivory or coral are accompanied by a Guarantee Certificate issued by the Spanish Federation of Antique Dealers, proving that they were made before 1947. The buyer User knows the laws on import and export restrictions of the lots offered for sale or acquired. These and other restrictions shall not result in the cancellation or termination of the sale or in any delays in payment. The User may inquire about such laws prior to the auction, by asking our Administration Department. 5.3. Jewellery a. The User acknowledges that, due to the age or character of the pieces offered for auction, some Lots may not be in perfect conditions, or exempt from restorations. Information provided regarding the pieces is based on the observations made by the Balclis team. Pieces may have some damages which are not included in the description of Lots, so Balclis encourages potential buyers to directly examine the lots during the days prior to auction, or to consult any other expert of their choice to examine them. b. Gems measures and weights are approximate, due to the impossibility of exactly measure them because of the jewel's setting or design. Diamonds colour and purity shall be indicated as a guideline. c. Some of the Lots may be accompanied by Gemmological certificates. The information contained in those certificates is indicative and Balclis is not in any case responsible for such information or for any disagreements about its content, or for any retrospective change of mind by the laboratory in charge of its issuance. d. Natural colour gems (such as sapphires, emeralds, rubies or jade) are frequently treated in order to improve their appearance, through traditional methods such as heat treatments, oils and resins. These treatments are common and accepted by the international jewellery trade, but they could affect the gems durability over time or require a special care. The User acknowledges that the lots offered may present such usual treatments, unless otherwise indicated by Balclis. The User may contact Balclis to be informed about those treatments where possible. e. Jewellery lots offered for auction which include "gold" in their description are by default made in 18K gold, unless a lower purity is indicated in the description of the aforementioned lot. f. Any doubts or disagreements regarding the authenticity of a lot, including authorship, signatures, period or state of preservation, as well as the treatment of gems such as pearls, synthetic diamonds or diamonds treated using the HPHT technique, shall be referred to Balclis within fifteen (15) calendar days after its purchase by the User. 5.4. Wristwatches and pocket watches a. Unless otherwise indicated, wristwatches and pocket watches offered for auction are in running order. b. Pocket watches and wristwatches often include very complex mechanisms, and Users shall be responsible for performing a service, setting them up, or changing the battery, if necessary, after they have purchased them. c. Almost every wristwatch and pocket watch has been repaired over time and therefore they may include non-original pieces. Balclis shall not guarantee the User that all components of those watches are original or authentic. Pocket watches may be offered for sale without a winding key. d. Most watches have been opened to check the type and authenticity of their mechanism. For this reason, Balclis may not guarantee the water tightness of watches offered at auction, despite being confirmed as water tight or called "waterproof". That is why Balclis recommends the User, after he/she has purchased a watch, to bring it to an authorised watchmaker for him to check it. e. Many of the watches offered for sale contain components (such as bracelets) made from endangered animals skin, such as crocodiles or alligators. The buyer shall be familiar with the laws of his/her country on the import of such materials. In the event that a lot contains any components which can not be sent to the buyer, Balclis shall send the item without that component, and the buyer may personally collect it at Balclis Headquarters within a year after the auction, without any storage fees. 6. Bids The order of the Bids shall be the following: ORDER OF BIDS Up to ? 100 ............................................. ? 5 From ? 100 to ? 200 .............................. ? 10 From ? 200 to ? 500 .............................. ? 25 From ? 500 to ? 1,000 ........................... ? 50 From ? 1,000 to ? 2,000 ....................... ? 100 From ? 2,000 to ? 5,000 ....................... ? 250 From ? 5,000 to ? 10,000 ..................... ? 500 From ? 10,000 to ? 20,000 ................ ? 1,000 From ? 20,000 to ? 50,000 ................ ? 2,500 Over ? 50,000 .................................... ? 5,000 BALCLIS reserves the right to modify this bidding system in specific cases, and shall inform the User before the beginning of the pertinent Auction. 7. Responsibility BALCLIS acts only as an intermediary between the Consignor and the User and therefore assumes no responsibility for any information or statement about the Lots related, by way of example, with the author, authenticity, origin, age, measures and current condition of the Lot, and it is the User who shall make his/her own judgement or opinion regarding the Lots before the closing of the Auction. BALCLIS shall only be responsible for damages, flaws or losses that the Lot might have suffered while it is in the Facilities after having been purchased by the User and he/she has paid the corresponding invoice. In this respect, once the Lot has left the Facilities, BALCLIS shall not be responsible for its condition and therefore assumes no responsibility for any damages or loss of the Lot during its transportation to the destination indicated by the User, in the event that he/she decides to contract such transportation service. The User agrees to use the Service only for the purpose for which it was created and to act in accordance with the current legislation and the terms of these General Conditions, and he/she is informed that in case of breach thereof, BALCLIS may cancel or remove the User's account without prior notice or right to any compensations whatsoever. 8. Cancellation of a purchase A User who has purchased a Lot may cancel and settle the purchase thereof within a maximum of fifteen (15) calendar days after the date of the knock down at Auction, but only in such cases where there is a justification or reason for the non-authenticity of the good or object of the Lot. In the event that BALCLIS had already delivered that Lot to the User, it shall be returned in the same conditions in which it was delivered. BALCLIS reserves the right to cancel the User's account in the event that he/she seeks to cancel the purchase of a Lot for any reason other than the aforementioned. In the event that the purchase of a Lot is cancelled as stated in this paragraph, BALCLIS shall return to the User the amount paid for that Lot, including the Commission and the taxes paid by the User, but not the expenses associated with packing, transport or insurance of the Lot that the User might have purchased, if any. 9. Incidents during the Auction If any connectivity incident related to the Service occurred, it shall be notified as soon as possible to the Users. BALCLIS, in such cases, reserves the right to extend the timeframe for the Auction affected by this incident, in order to guarantee the access to it by all Users affected or, if so deemed, it may cancel the Auction affected. In any case, BALCLIS shall not be responsible for incidents, errors or damages caused in the Auctions of the Platform that may arise from technical problems or due to force majeure. 10. Commission After the knocking down of a Lot at an Auction, BALCLIS shall send a proforma invoice to the User who has purchased it. BALCLIS shall be entitled to charge a commission of 18% on the hammer price of the Lot (the ?Commission?). 21% VAT shall be added to that Commission. 11. Invoice and payment method Together with an email informing about the purchase, BALCLIS will send to the highest bidder a proforma invoice for that Lot, immediately after the end the Auction. The proforma invoice shall be payable to BALCLIS within a maximum of fifteen (15) calendar days after the invoice date. BALCLIS shall have the right to retain the Lot until the invoice has been paid by the User. If the payment of the proforma invoice for that Lot is not issued within this specified time, BALCLIS may refuse the purchase due to breach of these General Conditions, thereby losing the Buyer any right over that particular Lot. How to pay the invoices related to the purchased Lot: a. By credit/debit card through a virtual POS (Point Of Sale) terminal enabled in the Platform for Online Users. b. You may also choose a cash payment option, in any of the BALCLIS Facilities. Cash payment shall not exceed the amount of ? 2,500, in compliance with the provisions of the Spanish Act 7/2012, of October 29th. c. By transfer to our Banco Sabadell account: · Account holder: SACLIBA, S.L. · Account number: 0081 0200 29 0001068409 · IBAN: ES71 0081 0200 2900 0106 8409 · BIC: BSABESBB 12. Period to collect a purchased Lot The User has a maximum of fifteen (15) calendar days after the invoice is sent (the ?Deadline for Collection?) to collect the Lot in the Facilities or anywhere else indicated by BALCLIS. Following the expiry of the Deadline for Collection, BALCLIS shall apply a penalty of ? 5,00 per Lot and day of delay. If the delay in the collection of the Lot exceeds thirty (30) calendar days, BALCLIS additionally reserves the right to urge whatsoever legal or judicial actions that may be applicable. 13. Taxation and export of cultural goods. Taxation: All amounts and bids indicated in Auctions for the Lots shall be understood as expressed in Euros, without including the taxes that may be applicable. Users are informed that purchases of Lots in the Platform are subject to the Spanish Tax on the Transfer of Assets (ITP), being the taxpayer the User who has purchased the Lot. To Users who request it, BALCLIS offers its support, free of charge and on behalf of the User, to deal with the self-settlement corresponding to that tax. In any case, the self-settlement shall take place within thirty (30) business days following the date of the purchase of the Lot. Export of cultural goods: Pursuant to the Spanish Act 16/1985, of June 25th, on the Spanish Historical Heritage, some of the Lots included in Auctions require the express prior authorisation of the State Administration in order to leave the Spanish territory and they therefore shall comply with the requirements indicated in that regulation. Every User is invited to request BALCLIS a budget in order to manage the procedures for such necessary authorizations or permits. All taxes required shall be paid by the Users. 14. Intellectual and industrial property All contents included in the Platform (information, images, designs, logos, software/source code, brands, etc.) are protected by BALCLIS? intellectual and industrial property rights and/or, where applicable, by third-party owners who have duly authorized their use by BALCLIS. The purchase of a Lot shall not be considered as conferring upon the User any right over it. Any reproduction, distribution, transformation and public communication, or any other exploitation of all or part of the Service or the Platform, made in any form or by any means, is strictly prohibited unless prior written authorization by BALCLIS or by third-party owners. Any infraction of these rights may result in the corresponding civil or criminal judicial or non-judicial proceedings. 15. Data protection Registered Users acknowledge and accept the processing of their personal data by BALCLIS, as provided in the Privacy Policy that BALCLIS makes available to them during the registration process. 16. Links The Service may include links to other websites or Internet portals. BALCLIS ignores the contents and services included in third-party sites, and therefore shall not be liable for the quality, content, nature or accuracy of those sites and contents accessible through the links in the Platform or of the sites linked to the Platform. 17. Nullity and inefficiency of the clauses If any clauses included in these General Conditions were deemed, totally or partially, null or ineffective, such nullity or inefficiency shall affect only that provision or part thereof that is null or ineffective, but not the whole General Conditions, taking such provision, or part thereof that is affected, as non-existing. 18. Modification of the General Conditions BALCLIS reserves the right to modify, at any time and without prior notice, the content of these General Conditions, as well as the Service and any aspect of the design, format and/or configuration of the Platform. These modifications shall be applicable to Online Users on the date of their publication in the Platform and to Present Users on the date the new text of the General Conditions is made available to them. 19. Applicable law and jurisdiction These General Conditions are subject to the Spanish law. Without prejudice to the rights that may assist the User as a consumer or a user, any dispute arising from questions related to the Service and/or the Platform shall be submitted to the jurisdiction and venue of the Courts of the city of Barcelona. 20. Special considerations applicable to Present Users A. Registration and unsubscribing request The Form shall be filled out in the Saleroom. Those Users who wish to unsubscribe as a User, may do so at any time by contacting BALCLIS. B. Description of the Service Present Users who wish to bid for a Lot shall request BALCLIS, upon registration at the Saleroom's reception desk, a paddle with its identification number (the ?Paddle Number?), which will enable them to access and bid at the Auction. In addition, BALCLIS provides a tablet and some chairs in the Facilities to allow Present Users who wish it, to follow, in real time and directly on the Platform, the Auctions that are taking place. C. Bids In case of disagreement, between two or more Bidders, about which has been the highest bid in a specific Auction, the Auctioneer shall be entitled to assign the Lot, at his/her sole discretion, to whom he/she deems appropriate or to decide to auction such Lot again during the same session or the next one held immediately after. In written bids, in the event of a tie, the first one received shall prevail, in order of date and time. Bids received by Users via telephone shall be treated as those made in the Saleroom. BALCLIS may place bids on behalf of absentee bidders and accept telephone bids, but shall not be responsible for any error or omission that may occur during their course. In the event of a telephone bid, the Bidder assumes to offer the amount of the Minimum Bid for that Lot. D. Packaging, transport and insurance expenses The User who has purchased a Lot may request from BALCLIS a budget for its packaging and transport to the destination indicated by him/her, and therefore, the expenses resulting from those services shall be paid by the User. Once the Lot has left the Facilities, BALCLIS is not liable for its condition, so it is the User the sole responsible for any damage that the Lot may suffer during the transportation. However, the User may purchase, through BALCLIS and at his/her own expenses, an insurance to cover any possible damages that the Lot could suffer during its transportation. 21. Special considerations applicable to Online Users A. Registration and unsubscribing request The Form requests the Users to enter a "username" and a "password" to access "My Balclis Account" on the Platform (the ?User Zone?) in order to guarantee their identity and enable them to participate at the Auctions. Users shall bid on their behalf and not disclose their login details, which are personal and non-transferable, to third parties. Once the form with the information required has been submitted, BALCLIS shall validate the User?s registration and send an email informing that the User can already access and operate the Platform as a Registered User. Those Users who wish to unsubscribe as a User, may do so at any time by contacting BALCLIS. B. Description of the Service Auctions include a countdown in the form of a stopwatch (the ?Countdown?), which will indicate the remaining time to participate in the bidding for a Lot. If a bid is made at the last minute of an Auction, the Countdown shall be extended one minute more to accommodate other possible bids. When a Registered User wishes to bid at an Auction, BALCLIS shall automatically assign him/her a numeric code or a Paddle Number identifying him/her as a bidder at the Auction and thus protecting his/her anonymity. Online Users shall also have an option in the Platform to participate in Auctions that are taking place in the Saleroom. This option, enabled in their User Zone on the Platform, shall allow them to remotely follow and, where appropriate, participate in real time, in an Auction held in the Saleroom through a video camera. The only special feature compared with the Auctions regular process on the Platform for Online Users is that those specific Auctions held in the Saleroom shall not be subject to a Countdown, but the time for an Auction shall be determined by the auctioneer in charge of it. The Minimum Selling Price shall be available at the Auctions on the Platform only when such amount of money has been matched or exceeded by the Bidders. All bids made on the Platform by a User shall be automatically included in the User Zone, where the User can track the history of the Lots he/she has bidden for. C. Packaging, transport and insurance expenses Once the User has received the proforma invoice of the Lot, he/she may access his/her User Zone and purchase, if desired, packaging, transport and insurance services for it, which shall always be at the User?s expenses. In any event, as indicated above, once a Lot has left the Facilities, BALCLIS is not responsible for its condition or any damages it may have suffered. The User who has purchased a Lot may also, by informing BALCLIS, be responsible for the collection of it at BALCLIS Facilities at his/her own risk and expenses.