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Auction house and online auctions
The Sales Room is a contracting space, whereby its sole purpose is constituted by the sale at auction, previous voluntary auction of the goods, artistic objects or of similar nature which are entrusted for that purpose.
Consequently, the Sales Room acts as an intermediary on behalf of the owner and/or seller of each lot, and the possible buyers, except for when the sale of the lots is declared under “DURÁN SALA DE ARTE, S.L.U.”.
Auctions in the room: the lots which should be auctioned in the room, will previously be exhibited at auction in the premises belonging to the enterprise, with a means of obtaining a perfect examination and knowledge of the same to the potential buyers.
Auctions and online Sales: The lots that Durán puts under auction and/or online sale are duly catalogued and described in the web page. The people interested in purchasing an item either at auction or online should check the state and condition of it, in order to ascertain whether the description properly matches their assessment. As a result, Durán puts at public disposition, under the opening hours of the room, a customer service constituted by a group of professionals that will inform of the condition state, author which is attributed, or any other inquiry related to the lots included in the catalogues made for auction and online sale.
The given customer service shall be provided in accordance with the principles of good faith and Duran´s reasonable and well-founded criteria acquired with experience, but without assuming any responsibility whatsoever for the information and opinions provided.
Any statement on the lots contained in the catalog and/or on the website regarding the author, authenticity, origin, age, provenance, measurements, condition of the lot, and so on. The state is formed on the basis of the statements made by the owner and/or sellers. In some cases, when it is expressively requested by the owners, after careful investigation and assessment but on its accuracy, Durán does not hold responsible whatsoever. In accordance to international custom, the catalogued lots are sold with all their faults and imperfections, including errors of the description. The buyers must therefore make sure before auction or purchase that the description meets their personal opinion about the respective lot.
Condition reports: Any reference of the condition state cited in the catalogued description or in a condition report is not equivalent to an integrated description of the condition state. The color and appearance can alter reality. The reports are facilitated at the client´s request to help acquire a deeper valuation of the lot´s state. These reports are free of charge, at the request of the possible buyers. It is done by Durán´s team which are exempt from being curators or professional restorers and are therefore an orientation. Our personal opinion is expressed in them but does not mean a relation in faults, imperfections, restorations and are not equivalent to physical examination of the lot.
Durán reserves the right to organize the lots, change or subdivide them into several lots, according to its prudent criteria. It may also combine two or more lots and withdraw them for justified reasons.
The starting figure and/or selling price of each lot, is determined by mutual agreement between Durán and the seller/owner in which sole, Durán transfers to the owner its best criteria and derived experience of intervention, as an intermediary in precedent interventions. The starting price and/or selling price of each lot is specified in the catalogue and/or lot´s description and does not need to have any relation to the value of item in question, being generally significantly lower. In the auction room and online, the starting price will be constituted by the minimum selling price, except for when a reserve price has been settled with the seller/owner, or when Durán decides to establish it exceptionally.
USE AND NORMS
In its character of intermediary, Durán will accommodate the auction and/or management of the direct sale of the lots that are recommended with that means, to the norms that are applicable in any moment and in force, as well as the use of commercials for which they have traditionally been enforced in this type of operations, based on the principles of goodwill.
The bids are established and/or incremented in accordance to the following scale:
|in so forth
In any case, in the conformity of its experience, Durán can vary the system of bidding in specific cases.
The director of the auction or the manager of Durán can have the right to abstain any bid that does not exceed the previous one in the quantity of any applicable case.
The same director of the auction or the manager of Durán can ask for a ratification of a bid made, as well as they can require, when conveniently found, bank statements or other type of guaranties from the potential buyer. Furthermore, they can reuse any bid without the necessity of justification or explanation.
The lots will be acquired to the best bidder. The disagreement between two or more bidder on the amount that has constituted the highest bid, and any difference that arises between the bidders of an auction, will be settled by the auction´s director or the manager of Durán. They will award the lot to whom they deem appropriate, in an unappealable manner. If the auction´s director or manager does not resolve the disagreement or the difference among bidders, Durán will proceed with another auction where the lot will either be auctioned in the same session, in the immediate next one or through a private auction.
Packaging and shipping costs are always on behalf of the buyer and in sole responsibility any possible damages that may occur during shipment. The buyer is the one responsible to obtain and contribute when applicable, under the client´s responsibility, the legal documentation and administration, license and any permits for public authorities, national and international, for the legal shipment of the lots acquired in Durán. When requested, the buyers (the costs and/or fees generated, if any, would be borne by the buyers) Durán could manage under its name an export license when necessary.
The lots acquired by the buyer will need to be paid in a maximum time frame of ten days and the lots withdrawn in TWENTY CALENDAR DAYS. Both timeframes starting from the date of the auction or the online purchase. Once the deadline has passed without withdrawing the acquired or unsold lots, storage and custody costs will be included of €3 daily per lot (VAT not included) for the lots stored in the facilities of Goya 19 and €6 per day (VAT not included) for furniture, lamps, carpets and any other object that due to sizing, volume, weight or nature is stored in our premises found in Camino de Hormigueras 160. No lot can be withdrawn unless the adequate transaction has been made.
The packaging and shipment costs of the lots that the depositor/seller has to deliver to Durán´s facilities in order to carry out the sale at auction or through online store, will always be under the account of the depositor/seller, and any possible damage caused during its transportation will be sole responsibility of the depositor/seller. The Depositor/Seller is responsible for obtaining and providing where appropriate, at its sole cost and expense, the legal and administrative documentation, licenses and permits of any kind including export and import, which may be required by public authorities and administrations, national and international, for the legal transport of the lots deposited in Durán. Durán may manage, on behalf of and at the expense of, the Depositor/Seller the export or import license when necessary.
The packaging and transportation costs of the lots that the Depositor/Seller has to deliver to Durán's facilities in order to carry out the sale at auction or through online store, will always be for the account of the Depositor/Seller and, any damage that may be caused to the same during transportation will be sole responsibility of the Depositor/Seller. The Depositor/Seller is responsible for obtaining and providing where appropriate, at its sole cost and expense, legal and administrative documentation, licenses and permits of any kind including export and import, which may be required by public authorities and administrations, national and international, for the legal transportation of the lots deposited in Durán. Consequently, Durán may manage, on behalf of, and at the expense of the Depositor/Seller, the export or import license in cases where it is necessary.
The lots that have not been sold at auction and are not withdrawn by the Depositor/Seller within 20 calendar days from the date on which the auction was held, will generate storage costs. For each of the lots stored in the facilities of Calle Goya No. 19 the storage cost will be 3 € per day (VAT not included) and, for furniture, lamps, carpets and any object that by size, volume, weight or nature is stored in the premises of Durán, 6 € per day (VAT not included). No lot may be removed if the amount generated by this matter has not been paid.
In the event that the Depositor/Seller has agreed with Durán a new starting price at auction, online store or other electronic and commercial media, systems and media, own or other companies which it belongs, no storage costs will be generated until the next auction or sales campaign is held.
Auction room: Durán offers to the public, during the days and hours of exhibition, an information service made up of a group of professionals, who will inform about the state of conservation, the author to whom it is attributed, market prices, or any other information related to the lots included in the auction catalogs.
Auctions and online sales: Durán makes available to the public, during opening hours, a customer service and information service consisting 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 auction and online sales. In both cases, these services to the public will be provided according to principles of good faith and Durán's reasonable and well-founded criteria acquired with experience, but without assuming any responsibility for the information and opinions provided.
Durán has a valuation service that performs art appraisals in writing for insurance, probate, distribution of assets, adjudications in payment of debts and others, performing these appraisals, in the case of libraries, books and manuscripts, subject to a duly accepted estimate, or, in the case of paintings, jewelry and other art objects, at 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 over € 30,000.
The indicated rates do not include V.A.T., nor do they include the expenses that occur on the occasion of rendering the valuation services outside the municipal district of Madrid city.
In-house auctions: those wishing to bid at auctions must provide the following documentation, which Durán will keep on file:
In the case of natural persons of legal age and Spanish nationality, the buyer will have to present his/her I.D. or valid identity document with photograph. If the purchase is made on behalf of a third party, he/she must provide written authorization accompanied by ID card or valid identification document assuming the veracity and responsibility of such authorization.
In the case of foreign individuals of legal age and residency in Spain, the buyer will have to present his Foreigner's Identification Number (N.I.E.) or valid identity document with photograph. If the purchase is made on behalf of a third party, he/she must provide written authorization accompanied by an ID card or valid identification document, assuming the veracity and responsibility of such authorization.
In the case of foreign individuals of legal age, the buyer will have to present his/her passport or valid identity document with photograph. If the purchase is made on behalf of a third party, the buyer must provide written authorization accompanied by a valid identification document, assuming the veracity and responsibility of such authorization.
In the case of a legal entity, the buyer will have to present the deed of real ownership, the public deed of incorporation, a card accrediting the Tax Identification Number (N.I.F.), as well as, a document accrediting sufficient powers to act on behalf of the company.
Auctions and online sales: the registration of the individual or legal entity wishing to make purchases in Durán's online services (auctions and online store) must be made directly on the website www.duran-subastas.com.
Requirements to become a user of Durán's electronic and telematic applications:
Registration will be done only once, filling in all fields marked with an asterisk (*). The user will be able to access his/her data and purchase history by means of the access codes chosen by him/her.
Registration of natural persons:
Users with Spanish nationality of legal age, must provide the sending of the scanned copy of the I.D. or valid identification document, immediately after they register their data for the first time in Durán´s web application.
Foreign users with residency in Spain of legal age must send a scanned copy of the Foreigners Identification Number (N.I.E.) or valid identification document immediately after registering their data for the first time in the Durán web application.
Foreign users without residency in Spain of legal age, must provide a scanned copy of their passport or valid identification document immediately after they register their data for the first time in Durán's web application.
Registration of legal entities:
Companies and corporations that register as users in Durán's electronic and telematic applications, must send immediately after registering the data, scanned copy of the deed of beneficial ownership, the articles of incorporation of the company, the Tax Identification Number (N.I.F.) and the National Identity Document (D.N.I.) or valid identification document of the person/s accredited with sufficient powers to act on behalf of the company.
Likewise, Durán may require from the Awardee/Buyer of one or several lots, whenever it deems it convenient, bank references or other type of guarantees.
How to buy art at Durán Arte y Subastas. Continue reading.
Auctions in the auction room: Durán may bid, making it public at the time and, according to the circumstances of each auction, the written offers received in from bidders, formalized on the forms provided for this purpose, or by any other electronic or telematic means. This service is free of charge. The lots will be awarded at the lowest price allowed by the other bids and reserve figures, when established.
If, more than one written offer, of the same amount, is received for the same lot, priority will be given to the first offer received by Durán, according to its date and time of receipt, for the purpose of its eventual award at auction. Durán reserves the right to refuse bids received after 1:00 p.m. on the day held for auction, without the need for any justification or explanation.
For the lots to be auctioned in the auction room, bids may be left in writing through the website www.duran-subastas.com during the days prior to the auction and, until 00:00 hours on the day of the auction. These bids will be treated with the same consideration as those described above.
Telephone bids may also be made for lots with a starting price of € 600 or more, which must also be formalized in writing on the forms provided for this purpose by the auction room or by any other electronic or telematic means. Placing a telephone bid implies that the bidder is obliged, at least, to cover the starting amount. Durán is not responsible for the lack or loss of telephone contact. In this case, Duran will cover the bidder's starting price.
In the event of a tie between a bid placed in the room and a written bid, the latter will take precedence.
Online auctions: bids may be placed following the bidding scale established by Durán and automatic bids, understood as the maximum amount to be paid by the buyer. The lots will be awarded at the lowest price allowed by the other bids and reserve figures, if these have been established. Bidders will automatically receive, upon request, by e-mail a notice if their bid has been exceeded so that they can make a higher bid again if interested.
An auto bid can be registered for the maximum limit willing to bid. Auto bidding is a system whereby the system will bid for you only when other bids are received up to the limit indicated, when necessary.
It is not possible to register two auto bids of the same amount, or to register a bid lower than an existing one. If this happens, the system will display a warning on the screen indicating this fact and will not record the last one.
If a higher auto bid is received, the limit indicated will automatically be exceeded by one bid. An email will be received informing of the exceeded auto bid.
The time set as the end of the auction for a lot will be increased by 3 minutes successively. If during the last 3 minutes a bid is received, there will be given an option to all bidders to bid again.
In addition to the above, customers can make use of the “Buy Now” option, our online store open 24/7.
Someone wishing to bid in the auction must fill in the pallet application form accrediting their future purchases and conformity with the conditions of the auction, which will be provided by the Room at the tables set up for this purpose, where each bidder will then be given the corresponding number.
The Room shall request the presentation of the I.D. or valid identity document with photograph. If the registration is made on behalf of a third party, written authorization must be presented together with a valid ID card or valid identification document. In the case of a legal entity, a public deed of incorporation must be provided, a card accrediting the Tax Identification Number (N.I.F.), as well, as a document accrediting sufficient powers to act on behalf of the company.
In the case of new clients, Durán will keep a copy of the documents provided in its files.
Room auctions: Lots will be awarded to the highest bidder. The disagreement between two or more bidders on the amount that has constituted the highest bid and, in general, any difference that arises between bidders in an auction, will be settled by the director of the auction or the management of Durán, which will award the lot to whom it deems appropriate, in an unappealable manner. If the director of the auction or the management of Durán, does not resolve the disagreement or the 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 session, or may proceed to a private auction of the same.
Online auctions: the lots will be awarded to the highest bidder at the time of the end and closing of the auction.
In all cases Durán will communicate to the Awardees/Buyers the auction results and the lots that have been awarded to them, which must be paid for by the Awardee/Buyer within a maximum period of ten days and, withdrawn within a maximum period of TWENTY NATURAL DAYS. Both periods to be counted from the date of award at the auction or the date of purchase in the online store. Once this last period has elapsed and, without the Awardee/Buyer having withdrawn the lot or lots purchased, custody and storage costs per lot of 6 € per day (VAT not included) will be accrued. No lot may 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 situation, could take. As for any damage that may be caused in the lots awarded, will be of sole responsibility of the successful bidder / buyer.
ACCEPTED FORMS OF PAYMENT
- Credit or debit card VISA or Mastercard
- Bank transfer to:
-Durán Sala de Arte S.L.U.
IBAN ELECTRONIC FORMAT: ES1921004904411300300196524
IBAN REGULAR FORMAT: ES19 2100 4904 4113 0019 6524
SWIFT / BIC: CAIXAESBBXXX
- Bank check
- In cash at our offices up to the maximum amount legally established.
RIGHTS OR DURAN'S BROKERAGE. AUCTIONS IN ROOM, ONLINE AND ONLINE SALES
The amount that the Awardee/Buyer will pay to Durán as fees or brokerage for its mediation in the transaction and taxes, including VAT, assumed by Durán, will be 23% of the hammered price in the case of lots purchased at auctions and online auctions.
In the case of items for sale online, the prices indicated include 23% of the room brokerage (including VAT).
The amounts corresponding to packing, insurance, transportation and storage costs of the lots, as accrued after the award (see section "PACKING, TRANSPORTATION AND STORAGE COSTS. SPECIAL PERMITS. (PURCHASER)" of these conditions), shall be paid independently to Durán, together with their corresponding taxes by the Awardee/Buyer.
The rights of authors and their heirs over their works and creations shall be respected in accordance with the Law on Intellectual Property Rights.
In general, all works of art, 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. Additionally, those that are less than 100 years old and that exceed the amounts established by Regulation 116/2009 or are inventoried. The works declared of Cultural Interest (BIC) will be non-exportable regardless of their age and / or valuation.
The application for authorization to export shall be requested by the buyer and it shall be the buyer's sole responsibility to export the purchased lots and pay the taxes for those destined for countries outside the European Union.
Unless otherwise expressly stated elsewhere in these General Conditions, all figures, rates and amounts indicated therein shall be understood to be expressed exclusive of V.A.T. or any other tax that may be payable.
In compliance with Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce and Law 15/1999, of December 13, Protection of Personal Data, one is informed and given express and unequivocal consent to the inclusion of data in a personal data file which is responsibility of DURÁN SALA DE ARTE, SLU, calle Goya 19- 1ª planta, 28001 Madrid. One may exercise rights of access, rectification, cancellation and opposition, by means of a communication addressed to Central Services.
All of the above with the purpose of sending, including by electronic means, communications and/or publications related to the different services, promotions, events and commercial information of Grupo Duran, all of them related to the activities of the companies of Grupo Duran, unless you indicate otherwise, by requesting in writing and providing a photocopy of National Identity Document to
DURÁN SALA DE ARTE S.L.U.,
Calle Goya 19 - 1st floor,
SPECIFIC CONDITIONS REGARDING THE IDENTIFICATION OF WORKS OR OBJECTS
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 detailed below:
(a) FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME). - Means that, in our opinion, it is an authentic work by the above-mentioned artist.
b) ATTRIBUTED TO FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME) - Means that, in our opinion, it is a probable work of the mentioned artist, but taking into account the existence of contradictory opinions by well-known experts or authorities on the subject.
c) F. DE GOYA Y LUCINTES (INITIAL OR INITIALS OF THE NAME AND SURNAME) - Means that, in our opinion, it is a work of the time of the mentioned artist and that it may be totally or partially by his hand.
d) TALLER DE FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME) - Means that, in our opinion, it is a work made by an unknown hand in the workshop of the mentioned artist, not necessarily under his direction.
e) CIRCLE OF FRANCISCO DE GOYA Y LUCIENTES (NAME AND SURNAME) - Means that, in our opinion, it is a work done by an unknown painter or not identified by us, but apparently following the style of the mentioned artist, although not necessarily his disciple.
f) STYLE.......AND FOLLOWER OF FRANCISCO DE GOYA. -Means that, in our opinion, it is a work done by a painter working in the style of the artist mentioned, who may or may not be his contemporary, but not necessarily his disciple.
g) ACCORDING TO FRANCISCO DE GOYA - Means that it is the work of an imitator copying or following the style of the mentioned artist.
h) COPY OF FRANCISCO DE GOYA - Means that, in our opinion, it is a copy of a famous work of the mentioned artist, with or without variations in composition, color or other matrices, made at a time much later than its execution.
i) SPANISH SCHOOL XVIII CENTURY (School with date) - Means that, in our opinion, it is a work made by an artist of this nationality or working in Spain and made in the XVIII century or according to the canons of this period.
j) SPANISH SCHOOL (School without date) - Means that, in our opinion, it is a work made in the style of a specific or unspecified Spanish artist, regardless of the period or nationality of its author.
k) The term SIGNED means that, in our opinion, the signature is the authentic signature of the artist or executed with his knowledge.
l) The term SIGNED BY means that, in our opinion, the signature is executed by a hand other than that of the named artist and without his knowledge.
m) The term DATED means that, in our opinion, the date is by the hand of the named 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 (*) preceding the artist's designation, we mean that we do not know more information about the artist's name, although it may be an authentic work.
For the purposes of the catalog, all objects are considered antique if they are more than fifty years old from the date of creation.
When we state that a watch is in working order, we mean that, at least, it contains all the parts that allow it to be started with a repair, but not necessarily in working order.
Durán does not guarantee the state of conservation of the wines.
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