Sala de Ventas Barcelona is an auction room whose purpose is the intermediation in the sale, after a voluntary auction, of goods, artistic objects or objects of similar nature that are entrusted for this purpose, acting as a mediator between the owner-seller and the possible Buyers.
A. Lots submitted for auction will be included in a catalog and exposed for a period of 12 days prior to the auction, in order to allow a perfect examination and acknowledgement of them from potential buyers. Anyone who wishes to participate in the auction may during this time to explore it by himself or by the experts he deems appropriate regarding its attribution, authenticity, age, status and other details that interest him about the piece that he intends to acquire.
B. The pieces and objects will be auctioned in the state in which they are, and Sala De Ventas does not accept any claim on restorations or damages, although they have not been recorded in the catalog or are not detected in the photographs or media chosen for their reproduction. The exhibition of the lots prior to the auction is intended to allow the examination of objects or pieces to be auctioned.
C. The description of the lots and the data contained in the catalog relating to the author, authenticity, age and conservation status are formed after an exhaustive study by the Sala De Ventas team, but no responsibility shall arise regarding the accuracy. Every manifestation of Sala De Ventas or its employees in a catalog, outside of it or even verbal manifestations, regarding the author, attribution, authenticity, origin, date, age, provenance, state of preservation or sale estimate, constitute only one Statement of opinion, without any bond. As it is an international habit, Sala De Ventas will not answer whether or not these opinions are correct, and will not accept responsibility arising from them.
D. The indication “ready to clock”, referring to a clock, means that it is in operation or contains all the parts that will allow its start up with a repair.
E. In no case will Sala De Ventas be responsible for damages caused to glasses and frames of paintings.
F. All weights and measures of the gems are approximate, due to the impossibility of taking exact measurements because of the crease or design of the jewel. The color and purity of the crimped diamonds will only be given as an indication, since their full determination can only be made once they have been dismantled.
G. Likewise, the measurements of furniture and objects are emitted as accurately as possible, but by the shape characteristics of many of them, they must be approximated.
H. Sala De Ventas, its employees and agents shall have no liability for damages or loss of property caused by:• Third parties acting with the consent of the depositor-seller. • Conditions or defects inherent in the goods. • Changes in humidity or temperature, or errors in handling. • War, nuclear radiation or radioactive contamination, floods or any other natural phenomena.
I. Sala De Ventas reserves the right of admission of persons to its premises or rooms, and also reserves the right to prevent the attendance of certain person or persons in any of its auctions. Likewise, the auctioneer has absolute discretionary power to reject any bid. The use of these rights is the discretion of Sala De Ventas.
J. Sala de Ventas reserves the absolute discretion without giving any explanation, to reject bids, divide lots, combine two or more lots, withdraw one or more lots from the auction and, in case of discrepancy, offer them again at auction.
K. Sales transactions shall be deemed to have been entered into at the registered office of Sala De Ventas, Rosselló Street, 229 (08008 Barcelona). In case of litigation, the Courts and Tribunals of Barcelona shall be deemed competent, with waiver of any other jurisdiction that may correspond to the participants in the auction.
L. Regarding the operations in which Sala De Ventas intervenes, in terms of their legal qualification and consequent effects, are subject to the provisions of Spanish Law and more specifically to the dispositions that regulate mediation and deposit contracts. The mere fact of participating in the auction, whether as a seller, buyer bidder, or even as a spectator, to the extent that they affect, entails the acceptance and submission to these General Conditions.
A. Every buyer must identify positively the first time he participates in an auction, by means of a document proving his identity, DNI or CIF, sending a copy of it to the Barcelona Sales Room by fax or by mail. Sala De Ventas reserves the right to request references from those who intend to participate as bidders in an auction. Likewise, it may require from the successful bidder bank references or any other kind of guarantees. The data provided at the time of being certified as a bidder will be those that will appear on the purchase invoice, without possibility of modification without justifiable cause.
Sala De Ventas may not accept customer bids or award no auctioneers, in case its solvency is not duly credited or previously incurred in arrears in an auction.
B. The one who made the highest valid bid will be the buyer, who will acquire the object auctioned at the award price that is indicated at the time of the hammer strike. At that price, 18% will be added for room intermediation fees plus corresponding VAT. Any disagreement in this respect will be resolved by the director of the auction in use of his absolute discretion, according to the stipulated in the general conditions.
C. During the days of exhibition prior to the auction, Sala De Ventas makes available to potential buyers written bid sheets, also included in the catalog, in order to facilitate the acquisition of lots to the interested parties without necessity to go to the auction. These written bids can be delivered by hand or sent by letter or fax, stating in any case the limit of price of award (before brokerage) of each lot for which they want Sala De Ventas to bid on their account, As well as the data required in the sheet (name, address, postal code, telephone, NIF and signature). Sala De Ventas reserves the right to refuse to accept written bids in which the requested data are not included or are manifestly false and, in no case, those whose addresses are post offices.
The lots will be awarded at the lowest price allowed by other bids. In case of written tie of bids, the oldest date shall prevail. If the tie is with a bid by phone or in room, the offer made in writing will have priority.
The orders for bids made by telephone or requests to bid by telephone will be accepted only under the responsibility of the applicant and must be confirmed before the auction by letter, telegram or fax. Bids will not be accepted by telephone from persons not previously identified. The mere fact of requesting the telephone call to bid on a live lot involves bidding for the exit of that lot, and if it was already bid, cover the next higher bid.
Neither Sala De Ventas nor its employees or agents shall be liable for negligence or defect in the execution of the bids entrusted or for failing to execute them, or for any failure in the telecommunications used for it.
D. Sala De Ventas will pass on to the buyer the Value Added Tax on the rights or brokerage for their mediation in the purchase.
E. The buyers will receive a communication indicating the lots awarded and the total amount of the acquisition. The lots awarded must be paid within a maximum period of ten calendar days from the date of the auction. At the award price will be added the fees of Barcelona Sales Room (18%) and VAT corresponding thereto, as well as any other expenses assumed by the buyer.
Payments may be made through transfer, bank deposit, cash or bank check. Concerning the limitation of the payments in cash determined by the current law, at the time of the transaction.
After said deadline, if the buyer has not satisfied the outstanding amounts, Sala De Ventas will carry out with all the means at its disposal to obtain payment and to inform the seller, who from the same moment confers representation to Sala De Ventas to take any judicial action it deems appropriate for the purpose of enforcing the contract or withdraw the unpaid object back to auction. If the successful tenderer of a lot does not pay the total amount of the transaction, he must in any event pay the Sala De Ventas the commissions, expense and insurance that the payment of the auction price corresponds to any buyer. The delay in the payment by the buyer of the lots that have been awarded will imply an increase in interest at the rate of 1.5% per month, prorated by days, for the outstanding amounts, calculated from the day of the celebration of the Auction until the day of full payment.
F. The awarded lots may be withdrawn by the buyer of the premises of Sala De Ventas once he has effectively paid the award price, plus the fees and VAT and other expenses assumed by the buyer, and have always been Completed legal procedures in the cases of works subject to Law 16/85 of June 25, Spanish Historical Heritage.
From that moment on, the buyer must withdraw the purchased lots within ten calendar days, within the business hours established by Sala De Ventas.
At the end of this period, Sala De Ventas may choose to deliver the lots awarded to a warehouse, under the full responsibility of the buyer, invoicing to the buyer the expenses for storage at a rate of 5 euros (10 euros if they are furniture) plus VAT per lot and day on which the lot remain in the warehouse. The buyer authorizes the room to retain the lot as long as they are not reimbursed all expenses incurred in this contract. Any damage suffered by the lots in that situation will be the exclusive responsibility of the buyer.
Purchasers wishing to withdraw at the end of the auction the lots awarded, may do so, whenever possible, by fully paying the amount in cash (with the legal limitations mentioned above). During the celebration of the auction lots cannot be delivered.
G. The amounts to be invoiced to buyers do not include transportation (which will always be at the buyer's risk and account and must be insured), special packaging for the same or additional insurance. These services can be provided, at the request of the buyer, and will be invoiced independently of the purchase invoice, not making Sala De Ventas liable for the damages that could be suffered by any merchandise during its transportation (total or partial breaks, damages, losses, etc.), once it has left the premises of Sala De Ventas.
The price of the packaging will be from 5 to 35 euros depending on the size and complication (Ask before).
H. Packing and handling by the staff of Sala De Ventas of the awarded lots is carried out as special attention to customers, and in the case of fragile and delicate objects, Sala De Ventas in its absolute discretion, will manage it if so it decides. In no case will Sala De Ventas be liable for the damages caused to glass and frames, regardless of their cause. Although Sala De Ventas can recommend to packers and transporters, in no case will be responsible for the errors and omissions committed by these.
In any case, the works and pieces auctioned by Sala De Ventas, will be treated, delivered and manipulated with the utmost care and absolute discretion.
I. The buyer will be responsible for any damage, loss or damage that affects the objects or batches that he has acquired, once the payment has been made (whether or not the objects of Sala De Ventas). Neither Sala De Ventas nor its employees or agents shall be liable for any damages, damages or losses of any kind suffered by said objects, whether by flood, fire, theft, theft, etc.
J. Many of the lots included in the auctions require the express and prior authorization of the State Administration to leave the Spanish territory. Although all works destined to European Union countries are exempt from export taxes, those buyers who wish to send their purchases outside Spanish territory, and require the prior authorization of the Administration, will have to request such authorization in the form and the requirements established in the Regulations of said law. In the case of requesting the authorization, said request will, for all purposes, an offer for the exercise of the right of pre-emption of the Spanish State.
K. Sala De Ventas, in compliance with the provisions of Law 16/85 of June 25, of the Spanish Historical Heritage and complementary norms, shall communicate to the Generalitat de Catalunya and to the Ministry of Culture, in advance, the content of their catalogs. On the property subject to Law 16/85, the Administration may exercise its right of trial when the sale is made in public auction, by the appearance of a representative of the Ministry of Culture in the auction, which, at the time The auctioned auction price is determined, it will state the purpose of making use of such right, being left in suspension the adjudication of the property. When the sale is made in another way, you may exercise your rights of trial and withdrawal within the legally established deadlines for this purpose, as of the date on which you are notified of the purpose of the sale, or that, in default of such notice, has a reliable knowledge of the disposal.
A. The seller is obliged to identify himself by means of his National Identity Document, or alternative document, and must also identify, to the owner of the lot deposited if that is different. The first time you contract with Barcelona Sales Room must provide a copy of the ID or CIF.
B. The seller grants the Sala De Ventas the right to photograph and reproduce any goods that are sold to him, at any time or in any medium, whether or not related to the auction. In the event that such reproduction entails the payment of intellectual property rights, the amount of those rights would be deducted from the settlement to the seller.
C. Access rights to catalog: The seller agrees to pay the amount of 10 euros plus VAT, for each lot sold, by the concept of access rights to the catalog. This amount will be deducted from the amount that the room will make of the lot sold.
D. The different lots must be delivered to the room, for their placement and adequate publicity, within the time period established at any time by the same. The delivery at a later date releases the room from the obligation to incorporate the corresponding batch into the advertising platform chosen to inform the auction.
E. The team of experts of the hall, once studied the different lots and according to the seller, will establish a sale price for each lot. Said price will appear on the delivery note of the objects to be auctioned. The estimate of the starting price does not compromise the real value that the lots could have, nor does it guarantee that they can be awarded for that sum.
F. The room agrees to publicize the sale, by the method and platform that it considers most appropriate. Such advertising shall be at the discretion of the professionals designated by the same. The room will place the lots according to their experience, for their exhibition in the corresponding room, where they will remain until the next scheduled sale.
G. The objects ceded to the Barcelona Sales Room for your auction are not insured. Any mischief (robbery, theft, loss, breakage, flood, fire, etc.) will be at the risk of the seller. However, Sala de Ventas Barcelona makes available to the owners of the lots an insurance policy whose amount, if accepted in writing previously, will be charged in an invoice, separately, at the time of settlement of the lots sold.
H. The room will not assume any cost for transportation, restoration, cleaning, frames, certificates, etc. Such expenses, if any, will be borne by the seller.
I. The seller agrees, exempting to the room of any responsibility, to return in full the price paid by the buyer if, within fifteen days following the conclusion of the auction, the buyer notifies the seller in writing that the lot purchased Is a deliberate forgery and demonstrates in a convincing way that fact.
J. The seller authorizes the room to collect from the buyer to whom the lot or lots is awarded to, the price of the award. Once the auction has been produced and whenever the room has charged the buyer effectively, the seller undertakes to liquidate the seller, within a maximum period of 30 days, the amount obtained by the sale, after deduction of the commission corresponding to the room in Concept of fees and the amount corresponding to the rights of access to catalog and other expenses that accrue. Said commission is established, unless otherwise agreed, in the amount of 17% of the final value of allotment of the lot or lots, increased with the corresponding taxes. The established period may be extended if the piece or lot sold is subject to the Spanish Historical Heritage Law or the law of the Autonomous Community that corresponds or is applicable, in which case the sale price will be paid in the term Maximum of five days from the time the export permit is obtained. To the works of authors subject to Law 22/87 of the intellectual property, the corresponding tax will be applied that the room will detract for its liquidation.
K. The month of August will be considered as non-working for all purposes.
L. The seller agrees not to withdraw the delivered items until after the date scheduled for sale and whenever it is deserted. If the transferor of a lot withdraws it once placed in exhibition, it must pay to the room the corresponding commission on the price of exit, as much for the purchase as for the sale of that lot, in terms of expense and indemnification freely agreed. To this amount will be added the VAT that at any time corresponds.
M. Direct sale and warehouse: Unsold lots will remain for two weeks, after the auction, in a period of direct sale at the price of departure, unless indicated by the owner.
Unsold lots must be withdrawn by the seller within the time limits established by the venue, within five calendar days of the auction or from the day following the direct sale period.
After the deadline mentioned above, the seller agrees to pay, as a "warehouse right" an amount equal to 5 euros (10 euros if they are furniture), plus VAT per lot and day, in which the lot Remain in the room's warehouse. The seller authorizes the room to retain the lot as long as they are not reimbursed all expenses incurred in this contract.
When the amount due for storage exceeds the value for which it was initially put up for auction (base price), the lot will become the property of Sala de Ventas Barcelona, with no right to any compensation in favor of the seller-seller. In any case, it is possible for the seller-seller to request in writing that this faculty does not refer to specific pieces or lots.
The depositor-seller will assume responsibility for the damages or loss of the objects deposited in the warehouse.
N. After a reasonable period of 15 working days, from the date on which they were to be withdrawn, without the seller withdrawing the lot of his property or if the amount stipulated as a store is not paid and without prejudice to any other decision that Is taken by the room regarding future collaborations, from this moment it is authorized to put on sale the lot or lots corresponding to a value equal to 60% of the established price of exit for the auction and, ultimately, if neither Was sold, when the amount due for storage exceeds the value for which it was originally put up for auction, the lot will become the property of the room, under the conditions established in point M.
O. In the event that a lot has been awarded in the sale to the highest bidder, but the buyer does not pay its price within the established period and the conditions offered to the buyer are fulfilled, the buyer will consider the sale to be deserted, and place it in the warehouses of the room. As soon as the circumstance is notified by the seller to the seller, unless expressly notified in writing, the provisions of items L and M shall apply in respect of direct sale, withdrawal and storage.
P. The seller cannot, under any pretext, participate as buyer of the lots of his property. If, in breach of this prohibition, he is awarded a lot, he will be obliged to pay the corresponding commissions, both buyer and seller on the final price of the award.
Q. The seller is responsible for the authenticity of the work in front of third parties, as well as the reality of its title, with total indemnity of the room, guaranteeing to Barcelona Sales Room both the full domain and the fact that they are free of charges And liens and that there are no claims of the authorities on them.
R. The seller agrees to comply with the Heritage Law, General Tax Law and Intellectual Property Law, which establishes the rights of artists and their heirs up to 60 years after the first of January following the death of the Artist to receive from the seller 4% of the amount for which the operation was carried out, as long as the hammer price was more than 1,200 euros.
The seller-seller accepts the conditions of payment set by the Law of Patrimony in case the State exercises the right to score on a piece.
S. Scale of offers:
De 10 hasta 100 las ofertas subirán en 10 euros.
De 101 hasta 500 las ofertas subirán en 20 euros.
De 501 hasta 1.000 las ofertas subirán en 50 euros.
De 1.001 hasta 2.000 las ofertas subirán en 100 euros.
De 2.001 hasta 5.000 las ofertas subirán en 200 euros.
De 5.001 hasta 10.000 las ofertas subirán en 500 euros.
De 10.001 hasta 20.000 las ofertas subirán en 1.000 euros.
De 20.001 hasta 50.000 las ofertas subirán en 2.000 euros.
De 50.001 hasta 100.000 las ofertas subirán en 5.000 euros.
De 101.000 en adelante, a criterio del subastador.
T. Los firmantes se someten a la jurisdicción y competencias de los tribunales de Barcelona.
SUBMISSION TO GENERAL CONDITIONS, SPECIAL CONSIDERATION ON THE DESCRIPTION OF THE OBJECTS AND THEIR CONSERVATION STATUS
Remote buyers, during or after the auction, are subject to all of the present general conditions, with special mention to the fact that the descriptions and photographs in the catalog and web page are by way of guidance, being the state In which the object in the room during his exhibition is the only valid one. No claim will be accepted if the buyer is not personally satisfied or through an authorized person of the condition of the piece at the time of its exhibition.
DO NOT HESITATE TO CONSULT US ABOUT THE STATE OF THE PART BEFORE THE ACQUISITION.
The purchase price must be 18% plus VAT per brokerage.
Sales Room Barcelona only secures the offers received at the most the day before the auction. For greater security we advise you to confirm the offer by phone.
BANK: CAIXABANK, S.A.
Address: 214 Rosselló Street, 08008 Barcelona, Spain.
IBAN (ACCOUNT NUMBER): ES40 2100 2837 2702 10196625
Company name: SALA DE VENTAS BARCELONA, S.L.
Address: 229 Rosselló Street, Unit 1, 08008 Barcelona, Spain.
Payments with cash are limited to 2.500€ for the clients who have residence in Spain and 15.000€ for non-resident clients, according to the Spanish law 7/2012 from the 29TH of October.
Sala De Ventas is not responsible for the packaging or transport of the objects auctioned.
If the client so wishes, the room offers a transport and courier service whose rates are from 5 to 40 euros depending on the size and complication of the packaging (see above).
In compliance with LO 15/1999, of December 13, on Personal Data Protection, the client authorizes SALA DE VENTAS BARCELONA to the incorporation of its data in a file of clients, as well as For the promotion by SALA DE VENTAS BARCELONA of the objects that at any moment makes available to its customers or general public. The client may exercise the right of access, rectification or cancellation of his personal data by sending the appropriate request to the following address: SALA DE VENTAS BARCELONA, c / Rosselló, 229 bajo, 08008 Barcelona or by email at firstname.lastname@example.org.
Sala de Ventas Barcelona S.L - All rights reserved