December Art Auction

TERMS AND CONDITIONS Please read these Terms and Conditions of Business (the "Terms") carefully. These terms apply to and govern your relationship with Subastas Barcelona ("AB" or "We") including its employees, agents and directors, whether in person, through an agent or via email. These terms apply to all bidders in our auctions (whether in person, online or otherwise) and to all buyers. By entering into a business relationship with us, you agree that you understand these terms, do not object to them and agree to be bound by them. These terms govern your transactions with us. SHIPPING At Auctions Barcelona (AB) we process all shipments. We do not offer pick up service from the buyer. Once the auction is over AB will inform the buyers of the shipping costs on the proforma invoice that will be sent to you by email. All shipments will be made with their corresponding protection (padded envelopes, protective plastic, tubes, boxes or other as appropriate). Small flat objects (sheets, etc.) are sent in protected envelopes. Larger flat objects are sent in tubes. Larger objects (generally framed) are sent in boxes. In any case, it is up to AB to vary the format and packaging of the items as it sees fit. All shipments will have a tracking number. The tracking number will be reported to the buyers' email address after shipment. AB will select the transport company that it believes convenient in each moment, although we usually use Mail Boxes, Correos España, FedEx or similar. AB will select the shipping rate that best suits each shipment. For small format shipments without insurance to mainland Spain: 9 euros, to European Community countries: 19 euros and to other countries: 30 euros. These prices are indicative for small format. The buyer understands and accepts that due to the great variety of parameters (weight, packaging, country of destination,...) that affect the price of the shipments the prices indicated in this document are merely informative and in no case represent any agreement between the parties. These prices may vary and should not be considered binding. In each proforma invoice the correct amount of the shipment will be sent. Shipments related to sales over 250.00 euros may be insured for the amount of the sale (without commissions or other amounts accompanying the invoice). In this case, AB can increase the price of the shipment by a %. AB is not responsible for situations that may affect the shipment once it has been delivered to the courier and/or parcel company. AB will attach the relevant documentation to each shipment according to the country of destination. Buyer shall be responsible for obtaining the necessary permits for the importation of the purchased items, as well as for applying the laws and jurisprudence required for importation. Buyer shall be responsible for paying any fees or other amounts that may be required once issued by us, such as customs fees, etc. Delays (if any) due to customs or similar formalities shall not in any case result in cancellation of the sale. Shipments to Spain and countries of the European Community will be increased by the% VAT (21%). Shipments to other countries will not have a VAT increase (0 %). PAYMENT For items purchased through www.liveauctioneers.com, AB will contact and send a proforma invoice to all winning bidders by email at the end of the auction. All items purchased must be paid for within five (5) business days after the pro-forma invoice is sent via email. Proforma invoices issued to buyers will contain, among other things, the total amount of the lots purchased, the buyer's % premium, the amount of shipping and means of payment, plus VAT, if applicable. For amounts equal or less than 1.000,00 ? AB accepts the following forms of payment: PAYMENT BY BANK CARD (VISA or MASTERCARD duly authorized), BANK TRANSFER or PAYPAL. For amounts over 1.000,00 Euro, payment must be made by BANK TRANSFER. When the buyer does not pay in full, AB, in its absolute discretion, may take any action it deems appropriate to collect payment without the buyer being able to make any claim. In addition to disposing of items sold at AB's convenience. AUCTION ITEMS 1. Although AB has made every effort to properly catalogue and 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, meaning, 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 responsible 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 and tear, modification, alteration or other imperfections. Unless otherwise indicated, items may have some degree of wear and tear, 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 because of such imperfection, whether or not observed. Each lot is sold "AS IS", "WHERE IS" and "WITH ALL FAULTS". It is the buyer's responsibility to determine the authenticity and condition (and be completely satisfied) of each item before making an offer. No transaction will be voided on the basis that the buyer has subsequently determined that 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 of a "novelty or replica item," 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 inspection). In the event that the buyer makes an offer or purchases an item or lot without having verified its authenticity, condition, or any other factor set forth 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 forth herein, and agrees to hold AB harmless with respect thereto. All authorships of paintings in this catalog 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 doubts about the actual authorship so its authenticity is not guaranteed, even if it includes some third party certificate. In the manner of [Artist's name]: In our opinion, the work was made by an unknown hand, but was deliberately designed to emulate the artist's style. After [Name of artist]: In our opinion, the work was executed by an unknown hand, but it is very similar to a known work of the artist. Circle of [Name of artist]: In our opinion, a work from the artist's time that shows his influence, very much associated with the artist, but not necessarily with one of his students. Follower of [Name of artist]: In our opinion, a work by a student or a follower of the artist. 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 what is indicated on 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. Therefore, buyers refuse to make any claim against AB that may arise from the reading and interpretation of these certificates. 3. All descriptions appearing online are subject to change by the auctioneer prior to sale. Potential buyers will have the opportunity to inspect all lots exclusively through the website www.liveauctioneers.com. 4. Returns: A maximum period of 14 days is established, according to Spanish legislation, after the reception of the shipment, either delivered to the addressee or to another person who receives the shipment on his behalf, to request a return in writing. Once this period has passed, no returns will be accepted under any circumstances. In case of requesting a return, within the indicated period, the shipping costs will be charged to the buyer. In the event that you provide us, within the 14 days indicated, with a document dated and signed by an expert indicating any error in the description of the item and this is reviewed and accepted by AB, the return shipping costs will be charged to AB. We will never refund an amount higher than that paid by the customer as the bid price plus the commission applied in the auction. After 14 days no claim or return will be accepted. 5. Estimates of the value of items are just that, and are intended to help potential buyers calculate the amount of money that might be needed for the purchase of a particular lot. The estimates do not include the buyer's premium, shipping costs or taxes that may apply. Estimates are subject to revision at any time and are by no means definitive. AUCTION OFFERS By purchasing items, either retail or auction, you agree to and are bound by the following terms: 1. You acknowledge that by making an offer you know and acknowledge that you are making an irrevocable offer to enter into a legally binding purchase contract, and that a legally binding purchase contract is formed when such offer is the winning offer or is accepted by us. You further acknowledge that ALL SALES ARE FINAL. 2. liveauctioneers.com has 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 its sole discretion. Further, liveauctioneers.com and AB have the right, at their discretion and without penalty, to default 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. The increments are listed at the end 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, in its discretion, determine the winning bidder or may re-bid the lot, and in making this determination, AB will do so in its absolute discretion. AB will also have full discretion to reopen the bidding or cancel any sale. In the event a dispute arises after the auction, our record of sales is conclusive. In addition, buyer acknowledges that invoices and pro forma 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, the amount of shipping costs and all applicable taxes, especially VAT if applicable (for deliveries to European Community countries 21% VAT will be applied, for other countries VAT is 0%). 4. Each lot sold at auction will be subject to a buyer's premium of 20% on the purchase price and/or the auction price, payable by the buyer. 5. Each lot offered for sale may be subject to an unpublished reservation. 6. It is possible that in the sale of some lots for an amount greater or equal to 800.00 euros a percentage of surcharge must be applied to the author or his coordinator according to legal regulations. In these cases, it will be the buyer who pays this amount and will be informed of it after the auction has ended. 7. Offers 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 in 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 online translators. We also appreciate that our contact phone number is for Spanish calls only. 3. The present general conditions of sale will be understood to have been fully and automatically accepted by the participants in the sale and will be made available to anyone who requests them. Any dispute related to these general conditions of the auctions will be submitted to the exclusive jurisdiction of the courts of Barcelona and will be governed by Spanish law, with AB reserving the right to bring the claim before the court where the defendant resides. 4. In the event that one or more of the provisions contained in this Agreement are 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 removed so that the remainder of this agreement is respected and the intention of the parties is 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 that you can request)