Durán Arte y Subastas (hereinafter, "Durán Sala de Arte" or "Durán"), with the corporate name Durán Sala de Arte, S.L.U., C.I.F. B28303022, registered in the Mercantile Registry of Madrid, Volume 18.443, folio 76 section 8, page M-67628, is a contracting
center, whose purpose is the direct sale or auction after voluntary auction, of lots of goods, artistic objects or similar objects that are entrusted to it for this purpose.
Consequently, Durán Arte y Subastas acts as an intermediary between the
owner and / or seller of each lot, on behalf of the latter, and potential buyers, except when it states that the sale is of own lots in which it does so on behalf of DURÁN SALA DE ARTE, SLU.
The sale and / or auction of all products or lots presented
on the Website www.duran-subastas.com (hereinafter "the Website") is subject to the general conditions set out below.
The use of this Website constitutes acceptance of these general conditions. However, if you have any questions about them, please
contact us at:
Durán Sala de Arte S.L.U., calle Goya 19 - 1st floor, 28001 Madrid.
Phone 91 577 60 91 - Fax 91 431 04 87
E-mail: [email protected]
Web: www.duran-subastas.com
We kindly ask you to send us your comments, suggestions, as well as any query, complaint or claim through the aforementioned contact channels.
The users of this website declare that they are of legal age or emancipated
and have the necessary legal capacity to act and contract in this website in accordance with the conditions below, which they declare to understand and accept.
These terms and conditions constitute the entire agreement between the client and Durán in relation to the subject matter hereof and supersede any prior agreements, understandings or promises made between the client and Durán, verbally or in writing.
We
reserve the right to modify these Terms and Conditions of Purchase and Auctions at any time, in order to adapt them to the legal and economic circumstances of the moment. The modifications introduced will not be retroactive and once published, will
come into force from the client's next purchase or auction made through the website.
Auctions in the sales room: the lots to be auctioned in the sales room will be exhibited prior to the auction in the company's premises, in order to allow a perfect examination and understanding of them to potential buyers.
Auctions and online sales:
the lots that Durán puts out for auction and/or for online sale will be duly catalogued and described on the website. Persons wishing to purchase both at auction and in Durán's online sale should check the condition the desired object, in order to
ascertain whether the description matches one's assessment. Therefore, Durán opens to the public during the opening hours of the auction room, a customer service made up of a group of professionals, who will provide information on the state of conservation,
the author to whom it is attributed, or any other information related to the lots included in the catalogs of Durán auctions and online sale.
This customer service will be provided in accordance with the principles of good faith and reasonable
and well-founded criteria acquired by Durán with experience, but without assuming any responsibility for the information and opinions provided.
Any statement about the lots contained in the catalog and/or on the website regarding the author, authenticity, origin, antiquity, provenance, measurements, condition of the lot, etc., is formed on the basis of the statements of its depositors and/or vendors, and in its case, when it had been expressly requested by them, after a careful investigation and advice; but, for its accuracy, Durán accepts no responsibility. According to international custom, batches cataloged are sold with all their eventual faults and imperfections, including description errors, and buyers must, for these purposes, make sure before the auction or the purchase that the description agrees with their personal opinion on the respective lot.
Conservation reports (condition report): any reference to the conservation status of lots in the catalog description or in a conservation report does not amount to a full description of the conservation status. The color and appearance
of the images may vary from reality. Conservation reports are provided on request to help you assess the condition of the lot. These reports are free, at the request of potential buyers and carried out by the team
of Duran who are not professional conservators or restorers and therefore are an orientation. In them our opinion is expressed but it does not imply a list of faults, damages, restorations, etc. and they are not equivalent to the physical examination of the
lot.
Durán reserves the right to organize the lots, change them or subdivide them into several, in accordance with its prudent criteria; You can also combine two or more lots and withdraw them for just cause.
The starting figure and/or sale price of each lot is determined by mutual agreement between Durán and the Depositor/Seller; To this end, Durán transfers to the Depositor / Seller his best judgment and experience derived from his intervention, as a mediator, in previous and analogous operations. The starting number and/or sale price of each lot is specified in the catalog and/or description of the item and does not have to be related to the value of the object in question, being generally much lower. In the room auction and online auction, the starting figure will constitute the minimum sale price, except in exceptional cases in which a reserve has been agreed with the Depositor/Seller, or Durán has decided to establish it at his discretion.
In its capacity as mediator, Durán will accommodate, when carrying out the auction and/or direct sale management of the lots entrusted to it for this purpose, the applicable and current regulations at all times, as well as the commercial uses for those who traditionally This type of operation has been governed, which is based on the principle of good faith.
The bids will be established and/or increased according to the following scale:
| Scale | Bid Amount | ||||
| Of | 50 € | until | 100 € | 5 € | |
| Of | 101 € | until | 200 € | 10 € | |
| Of | 201 € | until | 500 € | 25 € | |
| Of | 501 € | until | 1.000€ | 50 € | |
| Of | 1.001 € | until | 2.000 € | 100 € | |
| Of | 2.001 € | until | 5.000 € | 250 € | |
| Of | 5.001 € | until | 10.000 € | 500 € | |
| Of | 10.001 € | until | 20.000 € | 1.000 € | |
| Of | 20.001 € | until | 50.000 € | 2.500 € | |
| Of | 50.001 € | until | 100.000 € | 5.000 € | |
| Of | 100.001 € | until | 200.000 € | 10.000 € | |
| Of | 200.001 € | until | 500.000 € | 25.000 € | |
| Of | 500.000 € | until | onwards |
50.000 € |
|
In any case, in accordance with his experience, Durán may vary the bidding system in specific cases.
The director of the auction or the management of Durán have the right to reject any bid that does not exceed the preceding one in the amount in each applicable case.
The director of the auction or the management of Durán may request the ratification of a bid made, as well as may require, whenever they deem it appropriate, bank references or other types of guarantees from the Successful Bidder/Buyer. Also may refuse any bid without the need for any justification or explanation.
The lots will be awarded to the highest bidder. The disagreement between two or more bidders or bidders on the amount that has constituted the highest bid and, in general, any difference that arises between the bidders of an auction, will be settled by the director of the auction or the management of Durán, who will award the lot to whomever they deem appropriate, without appeal. If the director of the auction or Durán's management does not resolve the disagreement or difference between bidders, Durán will have the power to proceed to a new auction of the lot in question in the same session or in the immediately following one, or may proceed to a private auction of the same.
The packaging and transport costs of the awarded lot will always be borne by the Successful Bidder/Buyer and its sole responsibility for any damage that may be caused to it during transport. The Awardee/Buyer is responsible to obtain and provide where appropriate, at his exclusive account and expense, the legal and administrative documentation, licenses and permits of any kind, including export and import permits, that are eventually required by the authorities public and administrations, national and international, for the legal transport of the lots awarded and/or acquired in Durán. If so desired and requested by the Successful Bidder/Buyer (at whose expense the costs and/or fees generated would be borne, if any) Durán will be able to manage the export license on your behalf in the cases that are necessary.
The awarded lots must be paid by the Awardee/Buyer within a maximum period of ten days and withdrawn within a maximum period of TWENTY CALENDAR DAYS. Both terms count from the date of the award in the auction or the purchase for sale direct. Once this last period has elapsed without the Successful Bidder/Buyer having withdrawn the purchased lot or lots, custody and storage costs per lot of €3 per day (V.A.T. not included) will accrue for the lots stored in the installations at Calle Goya nº 19 and €6 per day (VAT not included) for furniture, lamps, rugs and any object that, due to size, volume, weight or nature, is stored in our premises at Camino de Hormigueras 160. No lot may be withdrawn if the amount generated by this concept has not been paid.
The costs of packing and transporting the lots that the Depositor/Seller has to deliver to Durán's facilities so that the latter may carry out the procedures for sale by auction or direct sale, will always be borne by the Depositor/Seller and of the exclusive responsibility of him the damages that could be caused to the same during its transport. The Depositor / Seller is responsible for obtaining and providing where appropriate, at his exclusive account and expense, the legal and administrative documentation, licenses and permits of any kind, including those for export and import, that are eventually required by public authorities and administrations, national and international, for the legal transport of the lots deposited in Duran. Durán may manage in the name and at the expense of the Depositor/Seller the export or import license in the cases that are necessary.
The lots that have not been sold in the auction and are not withdrawn by the Depositor/Seller within a period of 20 calendar days from the date on which the auction was held, will generate storage costs for each of the lots. from €3 per day (V.A.T. not included) for lots stored in the facilities at Calle Goya nº 19 and €6 per day (V.A.T. not included) for furniture, lamps, rugs and any object that, due to size, volume, weight or nature, is stored in our premises on Camino de Hormigueras 160. No lot may be withdrawn if the amount generated by this concept has not been paid.
In the event that the Depositor/Seller has agreed with Duran on a new starting price in auction, direct sale or other means, systems and electronic and commercial supports, own or of other companies of the Group of Companies to which it belongs, Storage costs will not be generated until the next auction or sales campaign is held.
Auction in room: Durán makes available to the public, during the days and hours of exhibition, a customer service made up of a group of professionals, who will report on the state of conservation, author to whom it is attributed, market prices, or about any other data related to the lots included in the auction catalogues.
Auctions and online sales: Durán makes available to the public, during opening hours, a service and information made up of a group of professionals, who will report on the state of conservation, author to whom it is attributed, or on any other data related to the lots included in auction and online sale. In both cases, said services to the public will be provided in accordance with the principles of good faith and reasonable and well-founded criteria of Durán acquired with experience, but without assuming any responsibility for the information and opinions provided.
Durán has an appraisal service that performs written appraisals for insurance, wills, property distributions, adjudications in payment of debts and others, performing these appraisals, in the case of libraries, books and manuscripts, prior budget duly accepted, or, in the case of paintings, jewelry and other objects of art, according to the following rates:
2% on a total valuation of less than €9,000
1.5% on a valuation between €9,000 and €30,000
1% on a total valuation of more than €30,000
The indicated rates do not include VAT, nor do they include the expenses that occur on the occasion of the provision of valuation services outside the municipality of Madrid capital.
Room auctions: people who wish to bid in room auctions must provide the following documentation that Durán will keep in his files:
In the case of natural persons of legal age and of Spanish nationality, the buyer will have to present their D.N.I. or valid identity document provided with a photograph. If the purchase is made on behalf of a third party, you must provide written authorization accompanied by D.N.I or valid identification document assuming the veracity and responsibility of said authorization.
In the case of foreign natural persons of legal age and residents in Spain, the buyer will have to present their Foreigner Identification Number (N.I.E.) or valid identity document provided with a photograph. If the purchase is made in the name of a third party must provide written authorization accompanied by D.N.I. or valid identification document assuming the veracity and responsibility of said authorization.
In the case of foreign natural persons of legal age, the buyer will have to present their passport or valid identity document with a photograph. If the purchase is made on behalf of a third party, you must provide written authorization accompanied valid identification document assuming the veracity and responsibility of said authorization.
In the case of a legal person, the buyer will have to present the public deed of incorporation, real ownership certificate, card accrediting the Tax Identification Number (NIF), as well as a document that proves sufficient powers to act on behalf of society.
Auctions and online sales: the registration of the natural or legal person who wishes to make purchases in Durán's online services (auctions and direct sales) must be made directly on the website www.duran-subastas.com
Requirements to be a user of the electronic and telematic applications of Durán:
The registration will be made only once, filling in all the fields marked with an asterisk (*). The user will be able to access his data and purchase history through the access codes that he himself will have chosen.
Registration of natural persons:
Users with Spanish nationality of legal age must facilitate the sending of the scanned copy of the D.N.I. or valid identification documentation, immediately after they register their data for the first time in the Duran web application.
Foreign users residing in Spain of legal age must facilitate the sending of the scanned copy of the Foreigner Identification Number (N.I.E.) or valid identification document immediately after registering their data. for the first time in the Duran web application.
Foreign users without residence in Spain of legal age must facilitate the sending of the scanned copy of the passport or valid identification document immediately after registering their data for the first time in the web application. of Duran.
Registry for legal persons:
The companies and companies that register as users in the electronic and telematic applications of Durán, must send immediately after registering the data, a scanned copy of the articles of incorporation of the company, of the Number of Tax Identification (N.I.F.) and the National Identity Document (D.N.I.) or valid identification document of the accredited person(s) with sufficient powers to act on behalf of the company.
In the same way, Durán may require from the Awardee/Buyer of one or several lots, whenever it deems it convenient, bank references or other types of guarantees.
Room auctions: Durán may bid, making public, at the time and according to the circumstances of each auction, the offers received in writing from bidders or bidders, formalized in the forms provided for it by the room or by any other electronic or telematic means. This service is free. The lots will be awarded at the lowest price allowed by the other bids and reserve figures, if these have been established.
If more than one written offer is received for the same lot, for the same amount, priority will be given, for the purposes of its eventual award at auction, to the first offer received by Durán, according to the date and time of receipt. Duran reserves the right to refuse bids received after 1:00 p.m. on the day the auction is to be held, without the need for any justification or explanation.
For the lots that are going to be auctioned in the room, written offers can be left through the website www.duran-subastas.com during the days prior to the auction and until 00:00 on the day of the auction. auction. these offers will be treated with the same consideration as those described above.
Telephone bids may also be made, in lots whose starting figure is equal to or greater than €600, which must also be formalized in writing on the forms provided for it by the room or by any other electronic means. or telematic. An order to make a telephone bid implies that the bidder undertakes, at least, to cover the starting amount. Durán is not responsible for the lack of telephone contact or the loss of it. In this case, Durán will cover the bidder's exit figure.
In the event of a tie between a bid made in the room and an offer made in writing, the latter will have preference.
Online auctions: bids may be made following the bid scale established by Durán and automatic bids, these being understood as the maximum amount to be paid by the buyer. Lots will be awarded at the lowest price allowed by other bids and reserve figures, if they had been established. Bidders will automatically receive, upon request, an e-mail notice if their bid has been outbid so that they can bid again. if it were of your interest.
You can register an autobid for the maximum limit that you are willing to bid. Autobidding is a system whereby the system will bid for you only when other bids are received until it reaches, if necessary, the limit indicated by you.
It is not possible to register two autobids of the same amount, or register a lower one than another already existing one. If this happens, the system will display a warning on the screen indicating this fact and will not save the last one.
If an autobid higher than yours is received, the limit indicated by you will automatically be exceeded in one bid. You will receive an email informing you that your autobid has been exceeded.
The time established as the end of the auction of a lot, will be increased by 3 minutes successively if in the course of the last 3 minutes it receives an offer, to give all the bidders of this lot the opportunity to return. to bid on it.
People who wish to bid in the auction must fill out the pallet request form accrediting their future purchases and in accordance with the conditions of the auction, which will be provided by the Room at the tables set up at the effect, where each bidder will then be given the corresponding number.
The Chamber will request the presentation of the D.N.I. or valid identity document provided with a photograph. If the registration is made on behalf of a third party, you must provide written authorization accompanied by D.N.I. or valid identification document. If it is a legal person, it will provide a public deed of incorporation, a card accrediting the Tax Identification Number (NIF) as well as a document that proves sufficient powers to act on behalf of the company.
In the case of new clients, Durán, keep a copy of the documents provided in your files.
Room auctions: The lots will be awarded to the highest bidder. The disagreement between two or more bidders or bidders on the amount that has constituted the highest bid and, in general, any difference that arises between the bidders of an auction, it will be settled by the director of the auction or the management of Durán, who will award the lot to whoever he deems appropriate, without appeal. If the director of the auction or the management of Durán did not resolve the disagreement or the difference that arose between bidders, Durán will have the power to proceed to a new auction of the lot in question in the same session or in the immediately following one, or may proceed to a private auction of the same.
Online auctions: the lots are awarded to the highest bidder at the time of completion and closing of the auction.
In all cases, Durán will notify the Awardees/Buyers of the result of the auctions and the lots that have been awarded to them, which must be paid by the Awardee/Buyer within a maximum period of ten days and withdrawn within a maximum period of TWENTY CALENDAR DAYS, both terms from the date of adjudication in the auction or the date of purchase in direct sale. Once this last period has elapsed without the Successful Bidder/Buyer having withdrawn the lot or lots acquired, the Custody and storage costs per batch of €6 per day (VAT not included). No lot can be withdrawn if the amount generated by this concept has not been paid.
After thirty calendar days from the date of the auction without the buyer having paid and/or withdrawn the lots, Durán Sala de Arte, S.L. may terminate the sale without prejudice to the legal actions that, in such a situation, could drink. As for the damages that are eventually caused in the awarded lots, they will be the sole responsibility of the successful bidder/buyer.
ACCEPTED PAYMENT METHODS
- VISA or Mastercard credit or debit card
- Bank transfer to:
•Durán Sala de Arte S.L.U.
•IBAN: ES60 2038 1532 8860 0007 5194
SWIFT / BIC: CAHMESMMXXX
- Conformed bank check
- In cash at our offices up to the maximum legally established amount.
The amount that the Successful Bidder/Buyer will pay to Durán as rights or brokerage for its mediation in the operation and taxes, including VAT, assumed by Durán, will be 22% of the auction price in the case of lots acquired in room auctions and online auctions.
In the case of items for sale online, the indicated prices include 22% room brokerage (VAT included), so they are final sale prices.
The corresponding amounts for packaging, insurance, transportation and storage costs of the lots, as accrued after the award (see section "PACKING, TRANSPORTATION AND STORAGE EXPENSES. SPECIAL PERMITS. (BUYER)" of these conditions), will be paid independently to Durán, together with their corresponding taxes by the Successful Bidder/Buyer.
The rights of authors and their heirs over their works and creations will be respected in accordance with the Intellectual Property Law.
In general, all works of art and books and manuscripts over 100 years old that are destined for any country other than Spain, including those of the European Union, must request authorization for export. Also those that are less than 100 years old and that exceed the amounts established by Regulation 116/2009 or are inventoried. Works declared Assets of Cultural Interest (BIC) will be non-exportable regardless of their age and/or assessment.
The request for export authorization will be requested by the buyer and the export of the lots purchased and the payment of the fees for those destined for countries outside the European Union will be their sole responsibility.
Unless otherwise expressly stated elsewhere in these General Conditions, all figures, rates and amounts indicated therein shall be understood to be expressed without including VAT. or any other tax that may be due
In compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and Organic Law 15/1999, of December 13, on the Protection of Personal Data, you are informed and lends his express and unequivocal consent to the incorporation of your data in a personal data file whose Responsible is DURÁN SALA DE ARTE, S.L.U., calle Goya 19- 1ª planta, 28001 Madrid, where you can exercise your rights of access, rectification, cancellation and opposition, by communication addressed to Central Services.
All of the above with the purpose of sending you, including by electronic means, communications and/or publications related to the different services, promotions, events and commercial information of Grupo Durán, all of them related to
the activities of the Duran Group companies, unless you indicate otherwise by requesting it in writing and providing a photocopy of the National Identity Document to
DURÁN SALA DE ARTE S.L.U.,
Calle Goya 19 - 1ª planta,
28001
Madrid.
Any statement printed in the catalog and referring to the authorship, authenticity, attribution, origin, date, age, provenance and condition of the lots is always the expression of an opinion that is governed by the interpretative terms that follow we detail:
a) FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME).- It means that, in our opinion, it is an authentic work of the aforementioned artist.
b) ATTRIBUTED TO FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME).- It means that, in our opinion, it is a probable work of the aforementioned artist, but taking into account the existence of contradictory opinions by well-known experts or authorities on the matter.
c) F. DE GOYA Y LUCINTES (INITIAL OR INITIALS OF THE NAME AND SURNAME) .- It means that, in our opinion, it is a work from the time of the aforementioned artist and that it may be totally or partially by his hand.
d) WORKSHOP OF FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME) .- It means that, in our opinion, it is a work carried out by an unknown hand in the workshop of the aforementioned artist, not necessarily under his direction.
e) CIRCLE OF FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME).- It means that, in our opinion, it is the work of an unknown or unidentified painter by us, but apparently following the style of the aforementioned artist, although not necessarily be his disciple.
f) STYLE OF.......AND FOLLOWER OF FRANCISCO DE GOYA. -It means that, in our opinion, it is a work done by a painter working in the style of the aforementioned artist, who may or may not be a contemporary of his, but not necessarily his disciple.
g) ACCORDING TO FRANCISCO DE GOYA.- It means that it is the work of an imitator copying or following the style of the aforementioned artist.
h) COPY OF FRANCISCO DE GOYA.- It means that, in our opinion, it is a copy of a famous work by the aforementioned artist, with or without variations in composition, color or other matrices, made much later than its execution.
i) SPANISH SCHOOL 18TH CENTURY (School with date).- It means that, in our opinion, it is a work made by an artist of this nationality or working in Spain and made in the 18th century or according to the canons of that time.
j) SPANISH SCHOOL (School without date).- It means that, in our opinion, it is a work carried out following the style of a specific or indeterminate Spanish artist, regardless of the time or the nationality of its author.
k) The term SIGNED means that, in our opinion, the signature is the authentic one of the artist or executed with the knowledge of the artist.
i) The term WITH SIGNATURE OF means that, in our opinion, the signature is made by a hand other than that of the mentioned artist and without the knowledge of him.
m) The term DATED means that, in our opinion, the date is in the hand of the mentioned artist.
n) The term DATED FROM... means that, in our opinion, the date has been added by a hand other than that of the artist.
o) When we put an asterisk (*) before the designation of the artist, we mean that we do not know more information about the artist's name, even though it may be authentic work.
For the purposes of the catalogue, all objects that are more than fifty years old from the date of production are considered old.
When we state that a watch is in running condition, we mean that it at least contains all the parts that allow it to be started with a repair but not necessarily in working order.
Durán does not guarantee the conservation status of the wines.
Durán presumes that the Depositor/Seller has the necessary legal capacity to contract, peaceful possession and full power of disposition over the assets subject to auction or sale. The Depositor/Seller exonerates Durán from all liability and will fully assume any consequences, damages and expenses that may arise from defects in capacity, ownership or free disposal of the Depositor/Seller, or due to claims made by third parties on objects deposited for auction or sale.
In the case of natural persons, the Depositor/Seller will have to present their D.N.I. or valid identity document provided with a photograph. If the sale or deposit is made on behalf of a third party, you must provide written authorization accompanied by D.N.I. or valid identification document assuming the veracity and responsibility of said authorization.
In the case of a legal entity, the Depositor/Seller will have to present the public deed of incorporation, certificate of real ownership, card accrediting the Tax Identification Number (N.I.F.), as well as a document that proves sufficient powers to act on behalf of society.
Durán will keep a copy of the documents provided in its files.
Durán will deliver the admission receipt and as an annex to it, a copy of these General Conditions.
At the time of depositing a lot, the Depositor/Seller must present their D.N.I. or valid identity document provided with a photograph. Duran will deliver the admission receipt.
If the deposit is made as a natural person, the Depositor/Seller will have to present their D.N.I. or valid identity document provided with a photograph. If the sale or deposit is made on behalf of a third party, you must provide written authorization accompanied by D.N.I. or valid identification document assuming the veracity and responsibility of said authorization.
In the case of a legal entity, the Depositor/Seller will have to present the public deed of incorporation, card accrediting the Tax Identification Number (NIF), as well as a document that proves sufficient powers to act on behalf of the society.
In the receipt, you will declare that you know the content of these Conditions and, therefore, are subject to them.
Objects and works of art will be admitted in the state in which they are found, and Durán will not accept any claim regarding restorations, breakage, damage, etc., even if they have not been recorded on the corresponding admission receipt.
Durán reserves the right to admit or reject the lots that are offered for auction or direct sale.
With the admission of each lot, and always based on the statements made regarding it by its owner and/or seller, Durán will proceed to describe it in the corresponding admission receipt.
Once a lot has been admitted, as it is delivered by the owner and/or seller, Durán will become its depositary. In the same way, it will proceed to its expertization and appraisal by qualified personnel, as well as its restoration, framing, works of conservation and/or cleaning, all of this to the extent that it is expressly requested by the Depositor/Seller.
The price of the aforementioned operations or services will be paid by the Depositor/Seller to Durán, at its discretion, in advance and separately; or, the corresponding amount will be deducted by Durán when making the Depositor/Seller the liquidation of the lots, once they have been sold or auctioned and adjudicated.
The reproduction of the lots in the Durán catalogs will be at the expense of the Depositor/Seller; any statement contained in the catalog regarding the author, origin, antiquity, provenance and condition of the lot, is formed on the basis of the manifestations of its owners and/or sellers, and where appropriate, when expressly requested by them, after careful investigation and advice; but, for its accuracy, Duran accepts no responsibility. Buyers must form your own opinion about the different extremes.
The expenses of management and inclusion with photography of the lots in the catalog, as well as their reproduction through engravings or photographs, will be borne by the Depositor/Seller, the amounts being determined by the following scale:
|
Starting price |
Bills |
|
Up to €300 |
€10.00 |
|
Between €301 and €1,000 |
€15.00 |
|
From €1,001 |
€20.00 |
In the case of books included in the auction Only for offers, the management costs (VAT included) will be according to the following scale on the starting figure:
|
Starting price |
Bills |
|
Up to €600 |
€4.50 |
|
Between €601 and €1,000 |
€9.00 |
|
From €1,001 onwards |
€12.00 |
|
|
|
|
|
|
The Depositor/Seller grants Durán the right to photograph and illustrate any lot to be auctioned, as well as the possibility of using said photographs and illustrations at its absolute discretion, including, for these purposes, the use of and electronic media.
ADVERTISING
If any Depositor/Seller requests it, Durán can develop an advertising campaign, aimed at promoting the lot to be auctioned and/or sold. The prices of said campaign will be suitably agreed upon and paid by the Depositor/Seller.
The starting price or base price for direct sale of each lot, as well as the method of sale (in-room auction, online auction or direct and/or online sale) will be determined by mutual agreement between Durán and the Depositor/Seller; to which end, Durán will transfer to the latter his best judgment and experience derived from his intervention, as mediator, in previous and analogous operations.
The starting price or base price for sale of each lot will be specified in its corresponding admission receipt and in the catalog and will constitute the minimum sale price, except in exceptional cases in which a reservation can be agreed with the Depositor/Seller, o Duran decides to establish it discretionally.
Durán will insure the deposited lots for the starting or base price for sale, with the Depositor/Seller paying the corresponding expenses, which will be 0.6% of said starting/base figure.
The lots auctioned and not awarded in the session scheduled for this purpose will be automatically consigned for direct sale in the different means, systems and electronic and commercial media, own or of other companies of the Group of Companies to the that Duran belongs to.
>Durán will inform the Depositor/Seller of the result of their auction lots by regular or electronic mail.
The Depositor/Seller has a period of 20 calendar days to withdraw the lots not awarded, counting from the date of the session in which they were auctioned, paying the expenses and services related in the section "MANAGEMENT AND REPRODUCTION EXPENSES" of these Conditions, as applicable in each case and if it has not already been done in advance.
The lots that have not been sold in the auction and are not withdrawn by the Depositor/Seller within a period of 20 calendar days from the date on which the auction was held, will generate storage costs for each of the lots. from €3 per day (V.A.T. not included) for the lots stored in the facilities at Calle Goya nº 19 and €6 per day (V.A.T. not included) for furniture, lamps, rugs and any object that, due to size, volume, weight or nature, is stored on the premises of Duran. No lot can be withdrawn if the amount generated by this concept has not been paid.
In the event that the Depositor/Seller has agreed with Duran on a new starting price at auction or on the basis of direct sale or sale by other means, systems and electronic and commercial media, own or of other companies of the Group of Companies to which it belongs, no storage costs will be generated until the next auction or sales campaign is held.
Likewise, once said period of 20 calendar days has elapsed, it will be understood that said lot remains in the possession of Durán so that, expressly authorized for these purposes by the Depositor/Seller, as mediator and without the need for prior notice, it may proceed to a new auction of the same, with Durán being able in this case to set the starting figure that he considers most prudent. And for the stated purposes, Durán is also expressly authorized and empowered to use the means, systems and electronic media and commercial, own or of other companies of the Group of Companies to which it belongs, that it deems appropriate.
In the cases in which the Depositor/Seller delivers an object or work of art requesting certifications or appraisals from experts other than Durán, the professional fees and expenses accrued from such circumstance will be the sole responsibility of the Depositor/Seller. and charge of the Depositor/Seller, not admitting Durán any responsibility for errors in the qualification or expertization that is made by them.
The Depositor/Seller authorizes Durán so that, from the auction and/or sale auction price, it deducts or invoices, if any, the expenses incurred up to the moment in which the auction or sale takes place, as well as the corresponding taxes to these expenses at the rate that is in force and applicable at all times.
The aforementioned expenses will be paid to Durán in accordance with any of the alternatives provided in these General Conditions.
All of the above will be applicable to objects sold at auction and/or in direct sale after the auction or direct sale campaign.
In the event that the Depositor/Seller decides, after the inclusion of a lot in an upcoming auction or direct sale failing to complete the sale for which it requested the mediation of Durán, the latter shall have the right to demand the same, for incurred expenses and compensation:
I - an amount equivalent to 22% of the value set as a reserve figure, if it had been established or, failing that, of the value of the starting or base figure.
II - the full reimbursement of the expenses and services actually incurred and provided up to that moment, listed in the section “MANAGEMENT AND REPRODUCTION EXPENSES” of these Conditions.
When paying the Depositor/Seller the liquidation of the auctioned or sold lot, Durán will deduct from it, for the mediation carried out, a percentage for the concept of rights or brokerage. This brokerage does not include I.V.A. This percentage will be established by mutual agreement between the Depositor/Seller and Durán for each deposited lot and will appear on the corresponding admission receipt.
After 30 calendar days from the auction award or sale of a lot without the Auctionee/Buyer having proceeded to pay the corresponding auction price, Durán will make its best efforts and trades in order to obtain from said Awardee/Buyer the pertinent amounts, the Depositor/Seller being able to opt, if such procedures fail, for a double alternative:
I - put the lot up for auction again.
II - confer their procedural representation to Durán, their lawyers and/or solicitors, to initiate the pertinent judicial claim, assuming in this case the Depositor/Seller the expenses that are derived or accrued of said legal proceedings.
And in the event that the Depositor/Seller does not act or does not instruct Durán on any of the alternatives indicated in the preceding paragraph, the Depositor/Seller expressly authorizes Durán to proceed, without the need for prior notice, to the direct sale of the lot in question, or to its new auction at the starting figure and/or minimum sale price on its set date, with Durán being expressly empowered to use the means, systems and electronic media for these purposes and commercial, own or of other companies of the Group of Companies to which it belongs, that it deems appropriate
Durán will pay the Depositor/Seller the corresponding amount, after deductions for expenses, Durán brokerage, copyright -if applicable- and taxes, from 30 (thirty) days following the date on which it was held. the auction or made the sale, provided that the lot is paid for by the Successful Bidder/Buyer. In the event of non-payment by the Successful Bidder/Buyer, the provisions contained in the section “ASSIGNMENT OF SHARES IN JUDICIAL CLAIM” of these Conditions.
Exceptionally and for cases in which the Administration exercises its right of first refusal, the corresponding amount will be settled according to the payment procedure and terms specifically provided for these cases in the Law.
The rights of authors and their heirs over their works and creations will be respected in accordance with the Intellectual Property Law. When appropriate, at the award and/or sale price of the work of authors subject to the Intellectual Property Law the corresponding deduction will be applied, which will be on behalf of the Depositor/Seller.
Room auctions: The lots transferred to the Durán warehouse at Camino de Hormigueras 160, 28031 Madrid, may be picked up at said warehouse once payment has been made in full and upon presentation of the delivery order that Durán will facilitate.
The Awardee/Buyer may request from the transport company MBS, telephone 91 541 48 94, an estimate of the packaging, shipping and insurance costs of the lots acquired at auction, from the Durán warehouses to the destination requested by the Awardee/Buyer. The company MBS will advise on the most suitable and economic means of transport.
Auctions and online sales: Once the shopping basket is confirmed, select the shipping or collection method:
The lots stored in the Durán facilities at Camino de Hormigueras 160, 28031 Madrid, may be collected from Monday to Friday from 9:00 a.m. to 3:00 p.m., subject to prior agreement and presentation of the delivery order that Durán will provide to the Successful Bidder/ Buyer or send it to the warehouse staff.
The lots stored at Calle Goya 19, 28001 Madrid, may be collected during the opening hours of the room, from Monday to Friday from 10:00 a.m. to 1:45 p.m. and from 5:00 p.m. to 8:00 p.m., prior agreement and presentation of the delivery order that Durán will provide to the Successful Bidder/Buyer or will send to room staff.
Home delivery: the system will ask for the delivery address and will show you the amount of VAT included.
The shipping costs that the computer system provides include the costs of packaging, shipping, I.V.A. and minimum insurance coverage per L.O.T.T. Royal Decree No. 1211/1990, Regulation that develops Law 16/1978 of July 30, planning of land transport, by which the responsibility of freight carriers for damages, losses or breakdowns suffered by them, will be limited to 4.51 euros per kilo.
The shipping costs that the computer system provides include the costs of packaging, shipping, I.V.A. and minimum insurance coverage per L.O.T.T. Royal Decree No. 1211/1990, Regulation that develops Law 16/1978 of July 30, planning of land transport, by which the responsibility of freight carriers for damages, losses or breakdowns suffered by them, will be limited to 4.51 euros per kilo.
The transport is carried out within a maximum period of 10 days from the moment of confirming the order, and both the packaging and the shipment will be managed through the company:
SHIPMENTS AND COLLECTIONS DURING HOLIDAY PERIODS: during the holiday periods (Easter, Christmas and August), the offices and warehouse of the room will remain closed. For this reason, shipments and collections of orders received on these dates will be processed in the first working days immediately after the holidays.
Shipments will only be made to the peninsula and the Balearic Islands. For purchases with shipments to the Canary Islands, Ceuta, Melilla and abroad, you must contact Durán.
The lots that appear in the catalog with the ‡ sign in front of the lot number will be taken to the Durán warehouse at Camino de Hormigueras 160, 28031 Madrid. These lots are subject to storage costs as indicated in the sections “AWARDING AND STORAGE GASES” and “LOTS NOT AWARDED” of these Conditions.
Changes will not be accepted. There is no right of withdrawal.
The articles offered by Durán, both in room auctions, online auctions, online sales and/or direct sales management, are offered in the state of conservation that they had at the time of being deposited, so that during the opening hours of In the room we offer you a customer service made up of a group of experts who will report on the state of conservation, the author to whom it is attributed or any other information related to the available articles. for your purchase or bid.
Said customer service will be provided in accordance with the principles of good faith and reasonable and well-founded criteria of Durán acquired with experience, but without Durán assuming any responsibility for the information and opinions provided.
Only in cases where the object received by the Awardee/Buyer does not correspond to the description or has significant damage not indicated in the description, the Awardee/Buyer will have 14 (fourteen) calendar days from from the date of receipt of the shipment to return the object.
Durán will refund the amount of the sale by bank transfer to an account whose owner is the Awardee/Buyer who is the invoice holder, once the object has been received in the same state in which it was delivered. Packaging and transportation costs Damages that may be caused to it during transport will be borne by the Successful Bidder / Buyer and his sole responsibility. Any other expense generated by the return will be at the risk and expense of the Awardee/Buyer.
In cases of discrepancy in terms of authenticity, it must be accredited by means of a written report by a recognized authority in the matter.
The moldings and picture frames and other similar objects are decorative accessories that are not an integral part of the object described, so no claims or returns will be accepted due to their state of conservation.
If you wish to subscribe to our catalogs for a period of one year, download our subscription bulletin and send it duly completed and signed, by email to [email protected], or by fax to 91 431 04 87.
Subscription price (V.A.T. included):
| Subscription | Spain | Foreign |
| Complete (art and books) | €153.40 | €318.60 |
| Art catalog | €118.00 | €276.12 |
| Book catalog | €35.40 | €56.64 |
The amount of the subscription can be paid in cash and with a VISA or Mastercard credit card, at our offices at Calle Goya 19 - 1ª planta, 28001 Madrid, or through:
- Bank transfer to
- Check or conformed nominative check
If you, as a consumer, consider that your rights have been violated, you can direct your complaints through the email address [email protected] in order to request an out-of-court dispute resolution.
In this sense, if the acquisition between you and us has been made online through our Website, In accordance with article 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides a resolution platform online litigation, which is available at the following link: http://ec.europa.eu/consumers/odr/.
In the event that discrepancies arise between the parties due to the auction operations, the depositor/seller, the successful bidder/buyer and the Chamber itself, the jurisdiction of the Spanish Courts and Tribunals shall be submitted.
The operations in which the Chamber intervenes, in terms of their legal classification and consequent effects, are subject to the rules of Spanish Law and more specifically to the precepts that regulate mediation and deposit contracts.
Updated, September 2022
Copyright: ©2018 Durán Sala de Arte, S.L.U. Total or partial reproduction is prohibited. Legal information.
Durán Sala de Arte 2023
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