October Art Auction

TERMS 1. PLEASE READ THESE TERMS AND CONDITIONS OF BUSINESS (THE "TERMS") CAREFULLY. THESE TERMS APPLY TO AND GOVERN YOUR RELATIONSHIP WITH AUCTIONS BARCELONA INCLUDING ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (HEREINAFTER "AB" OR "WE"), WHETHER IN PERSON, BY PROXY, THROUGH AN AGENT, OR ACCESSED THROUGH ANY WEB PLATFORM. THESE TERMS APPLY TO AUCTION BIDDERS (WHETHER IN PERSON, BY PROXY, ONLINE OR OTHERWISE) AND ALL BUYERS. BY ENTERING INTO A BUSINESS RELATIONSHIP WITH US, YOU AGREE THAT YOU UNDERSTAND THESE TERMS, HAVE NO OBJECTION TO THEM AND AGREE TO BE BOUND BY THEM. THESE TERMS GOVERN YOUR TRANSACTIONS WITH US. AUCTION ITEMS 1. Although AB has made every effort to catalogue and correctly describe each lot to be sold, such representations only reflect our opinion, and as such, should not be relied upon in making purchasing decisions. You acknowledge that errors may include, but are not limited to, the catalog or its contents, the description of the lot or other descriptions of the physical condition, medium, significance, authorship, origin, age, size, attribution, authenticity, provenance, literature or historical significance of any lot or item contained therein, and as such, AB shall not be liable for any such errors or omissions. The fact that a defect or deficiency has not been observed in an item does not imply that the lot is in perfect condition or free from defects, wear, modification, alteration or other imperfections. Unless otherwise indicated, items may have some degree of wear, scratches, nicks or other imperfections corresponding to their age and use. No statement made by us, whether written or oral, shall be deemed a warranty, representation or condition. No sale shall be void on account of any such imperfection, whether or not observed. Each lot is sold "AS IS", "WHERE IS", "WITH ALL FAULTS" and "WITHOUT REMEDY". It is the buyer's responsibility to determine the authenticity and condition (and be otherwise fully satisfied) of each item before making an offer, and if the buyer lacks the appropriate skills and knowledge, the buyer should engage, at its own expense, an expert to determine authenticity prior to purchase. No transaction will be voided on the basis that the buyer has subsequently determined that any such purchased item is not authentic, or has another defect or failure, and all parties agree that each such sale will have been made by the parties to a "novelty item or replica", regardless of the description or image used, the price actually paid, or the market value of the item (including the difference between the market value of the item, as understood by the buyer, and the actual market value determined after proper inspection). In the event that the buyer makes an offer or otherwise purchases an item or lot without having ascertained its authenticity, condition or any other factor set out in this paragraph, the buyer shall be deemed to have intended to purchase a "novelty item or a replica". In such case, the buyer agrees to waive any claim or defense alleging improper consideration. For the avoidance of doubt, buyer assumes all risks as to the authenticity and condition of the goods, together with the other factors set out herein, and agrees to hold AB harmless in respect thereof. All authorships of paintings in this catalogue are described according to the following terms: By [Name of Artist]: In our opinion, the work belongs to the artist. Attributed to [Artist's name]: In our opinion, the work can be attributed to the artist on the basis of style, but there may be some doubt as to the actual authorship. In the manner of [Artist's name]: In our opinion, the work was executed by an unknown hand, but was deliberately designed to emulate the style of the artist. After [Artist's name]: In our opinion, the work was executed by an unknown hand, but it is a deliberate copy of a known work by the artist. Circle of [Artist's name]: In our opinion, a work from the artist's time that shows his influence, closely associated with the artist, but not necessarily his student. Follower of [Name of Artist]: In our opinion, a work by a student or a follower of the artist (not necessarily a student). [Country], 19th century: In our opinion, this work was executed by an unknown hand, and can only be identified by its origin (i.e., region, period). Apocryphal: Of dubious authenticity. 2. Certificate Attachments (COA): Some items on auction are accompanied by a certificate intended primarily to guarantee their originality and/or authenticity. AB will never, under any circumstances, be responsible for them as they have been issued by third parties outside of AB. Therefore, AB does not represent or agree or disagree with what is stated in these certificates. Buyers therefore reject any claims against AB which may arise from the interpretation of these certificates. 3. All descriptions appearing online are subject to any variations announced by the auctioneer, online or otherwise, prior to the time of sale. Potential buyers will have the opportunity to inspect all lots exclusively through the autionners.com website. We are a company that buys/sells art objects and similar, mostly second-hand, and we cannot guarantee the authenticity of the items offered for sale, nor their condition, whether at auction or retail. 4. Estimates of the value of items are simply that, and are intended to help potential buyers estimate the amount of money that might be required for the purchase of a particular lot. Estimates do not include the buyer's premium. Estimates are subject to revision at any time, and are in no way definitive. AUCTION BIDS In purchasing items, whether retail or auction, you agree and are bound by the following terms: 1. You acknowledge that by making an offer you know and acknowledge that you are extending an irrevocable offer to enter into a legally binding contract of purchase, and that a legally binding contract of purchase is formed when such offer is the winning offer, or is otherwise accepted by us. You further acknowledge that ALL SALES ARE FINAL. 2. liveauctioneers.com have the right to withdraw any item from the bid at any time, for any reason, and/or split any lot, or combine two or more lots, at their sole discretion. Further, liveauctioneers.com and AB have the right, at their discretion, and without penalty, to default on or cancel any sale in the event of error or dispute. liveauctioneers.com and AB have the right to reject any bid and to advance the bid and set bid increments, in their absolute discretion. Increments are listed at the bottom of this document. The highest bidder accepted by AB will be the buyer. If any dispute arises between bidders, or in case of doubt by AB as to the validity of any bid, AB may, at its discretion, determine the winning bidder, or may re-offer the lot, and in making this determination, AB shall have absolute discretion. AB shall also have full discretion to reopen the bidding or cancel any sale. In the event a dispute arises after the auction, our sale record is conclusive. In addition, buyer acknowledges that invoices generated during or shortly after the sale may not be error-free and are subject to review for correction. 3. The buyer will be the highest bidder for the lot accepted by the auctioneer and will pay for it the total purchase price, including the buyer's premium and all applicable taxes, especially VAT if applicable (for deliveries to countries of the European Community will apply 21% VAT, for other countries VAT is 0%). 4. Each lot sold at the auction shall be subject to a 15% buyer's premium on the purchase price and/or the hammer price, payable by the buyer. 5. Each lot offered for sale may be subject to an unpublished reservation. 6. Bids are made in Euros. PERSONAL INFORMATION POLICY 1. The collection, use and disclosure of your personal information by us is governed by our Privacy Policy, which is available online at http://www.auctionsbarcelona.com and which we reserve the right to modify at our discretion. AB will not give your information to third parties without your explicit consent. MISCELLANEOUS 1. AUCTIONS BARCELONA is the trade name we use to present and represent our company located at c/ Torrent de l alba, 27 08191 Rubí (Barcelona) Spain on behalf of Mr. Manuel Rivera Hernández. 2. Communication: Any questions that buyers or bidders may have can be directed to the email address provided on liveauctioneers.com. We appreciate that the language used is English or Spanish. For any other language we will apply the online translators. We also appreciate that our contact phone number is for Spanish calls only. 3. The present general conditions of sale shall be deemed to have been fully and automatically accepted by the participants in the sale and shall be made available to any person requesting them. Any dispute relating to these general conditions on auctions shall be submitted to the exclusive jurisdiction of the courts of Barcelona and shall be governed by Spanish law, with AB reserving the right to bring the claim before the court in which the defendant is resident. 4. In the event that any one or more of the provisions contained in this Agreement shall be deemed unlawful, void, invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. In such event, it is the intention of the parties that as few words as possible be deleted so that the remainder of this agreement may be respected and the intention of the parties carried out as set forth herein. 5. Our language is Spanish and an online translator has been used for the English version of all texts, including batches, agreements, terms or others, so AB will not be responsible for the English version and will not be liable for any consequences arising from such translation (We also have a copy in Spanish) 6. Words used in the singular include the plural and vice versa, and the neutral gender includes the masculine and feminine.