Seller's Information

Durán is a Contracting Center, whose purpose is the direct sale or sale by auction, following a voluntary auction, of lots of goods, artistic objects, or items of a similar nature entrusted to it for this purpose.

Consequently, Durán acts as an intermediary between the owner and/or seller of each lot, on their behalf, and potential buyers, except when it declares that the sale concerns its own lots, in which case it acts on behalf of “DURÁN SALA DE ARTE, S.L.U.”.

Durán presumes that the Depositor/Seller has the necessary legal capacity to contract, peaceful possession, and full power of disposition over the goods subject to auction or sale. The Depositor/Seller releases Durán from all liability and shall assume entirely any consequences, damages, and expenses that may eventually arise from defects in capacity, title, or free disposition of the Depositor/Seller, or on the occasion of claims made by third parties regarding the items deposited for auction or sale.

In the case of individuals, the Depositor/Seller must present their D.N.I. or valid photo ID. If the sale or deposit is carried out on behalf of a third party, written authorization accompanied by a D.N.I. or valid ID must be provided, assuming the truthfulness and responsibility of said authorization.

In the case of legal entities, the Depositor/Seller must present the public incorporation deed, tax identification number (N.I.F.) card, and a document accrediting sufficient powers to act on behalf of the company.

Durán will keep copies of the documents provided in its files.

Durán will deliver the admission receipt and, as an annex document 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 photo ID. Durán will deliver the admission receipt.

In the receipt, they will declare that they know the content of these Conditions and are therefore subject to them.

Objects and artworks will be accepted in their current state, and Durán will not accept any claims regarding restorations, breakages, defects, etc., even if they were not recorded in the corresponding admission receipt.

Durán reserves the right to accept or reject lots offered to it for auction or direct sale.

Upon admission of each lot, and always based on statements made regarding it by its owner and/or seller, Durán will describe it in the corresponding admission receipt.

Once a lot is admitted, as delivered by the owner and/or seller, Durán will become its depositary. Likewise, it will proceed with its expert assessment and valuation by qualified personnel, as well as its restoration, framing, conservation, and/or cleaning works, all to the extent expressly requested by the Depositor/Seller.

The price of the aforementioned operations or services shall be paid by the Depositor/Seller to Durán, at Durán's discretion, in advance and separately; or alternatively, the corresponding amount shall be deducted by Durán when settling with the Depositor/Seller once the lots have been sold or auctioned and awarded.

The reproduction of lots in Durán's catalogs shall be borne by the Depositor/Seller; any statement contained in the catalog relative to the author, origin, antiquity, provenance, and condition of the lot is formed on the basis of statements by their owners and/or sellers, and where applicable, when expressly requested by them, after careful research and advice; however, Durán accepts no responsibility for their accuracy. Buyers must form their own opinion on the various aspects.

Management and inclusion expenses with photographs of lots in the catalog, as well as their reproduction via engravings or photographs, shall be borne by the Depositor/Seller, with amounts determined by the following scale:

For books included in the "Only by Bids" auction, management expenses (V.A.T. included) will be in accordance with the following scale based on the starting figure:

The Depositor/Seller grants Durán the right to photograph and illustrate any lot to be auctioned, as well as the possibility of using such photographs and illustrations at its absolute discretion, including electronic means and media.

If any Depositor/Seller requests it, Durán can develop an advertising campaign aimed at promoting the lot to be auctioned and/or sold. Prices for such a campaign will be suitably agreed upon and paid by the Depositor/Seller.

The starting price or direct sale base for each lot, as well as the sale modality (live auction, online auction, or direct/online sale) shall be determined by mutual agreement between Durán and the Depositor/Seller; to this end, Durán will convey its best criteria and experience derived from its intervention as mediator in preceding and analogous operations.

The starting price or sales base for each lot will be specified in its corresponding admission receipt and in the catalog, constituting the minimum selling price, except in exceptional cases where a reserve has been agreed with the Depositor/Seller, or Durán decides to establish one discretionally.

Durán will insure deposited lots for the starting price or sales base, with corresponding expenses borne by the Depositor/Seller amounting to 0.6% of said starting/base figure.

Lots auctioned and not awarded in the scheduled session will be automatically consigned for direct sale across various media, systems, and electronic/commercial supports belonging to Durán or other companies in its Corporate Group.

Durán will inform the Depositor/Seller of the result of their lots at auction via ordinary post or electronic mail.

The Depositor/Seller has a period of 20 calendar days to withdraw unsold lots, counting from the date of the session in which they were auctioned, paying expenses and services listed under "MANAGEMENT AND REPRODUCTION EXPENSES" if not already paid in advance.

Lots not sold at auction and not withdrawn by the Depositor/Seller within 20 calendar days will generate storage expenses per lot of 3 € per day (V.A.T. not included) for items stored at 19 Goya Street and 6 € per day (V.A.T. not included) for furniture, lamps, rugs, and objects stored at Camino de Hormigueras 160. No lot may be withdrawn without paying this fee.

If a new starting price has been agreed upon, no storage expenses will be generated until the next auction or sales campaign.

In cases where the Depositor/Seller delivers an object or artwork requesting certifications or valuations from experts outside Durán, professional fees and expenses incurred shall be exclusively borne by the Depositor/Seller, and Durán accepts no responsibility for errors in qualification or expert assessment made by them.

The Depositor/Seller authorizes Durán to deduct or invoice from the hammer price/sale price any expenses incurred up to the moment of sale, as well as applicable taxes at the current rate.

If the Depositor/Seller decides not to proceed with the sale after inclusion in a catalog, Durán has the right to demand:

• I: An amount equivalent to 22% of the reserve value or, failing that, the starting price/base value.
• II: Full reimbursement of expenses and services actually incurred up to that point.

Upon settlement, Durán will deduct a brokerage percentage for mediation, excluding V.A.T., established by mutual agreement and stated on the admission receipt.

If 30 calendar days pass without the buyer paying the hammer price, Durán will make best efforts to collect, and if unsuccessful, the Depositor/Seller may choose to re-auction the lot or grant legal representation to Durán to initiate legal action.

Durán will settle the corresponding amount with the Depositor/Seller after deductions (expenses, brokerage, copyright/duties, taxes) starting 30 days after the auction date, provided the buyer has paid.

Authors' and heirs' rights will be respected pursuant to the Intellectual Property Law, with appropriate deductions applied to the selling price for applicable authors, borne by the Depositor/Seller.

Live auctions: Lots moved to Camino de Hormigueras 160 can be collected there after full payment and presentation of the delivery order. Buyers can request shipping quotes from MBS (Phone: 91 541 48 94).

Online auctions: Deliveries and pickups can be managed at Goya 19 or Camino de Hormigueras 160 depending on the item's location. Home delivery is available with minimum statutory insurance or optional private insurance.

Lots with a dagger symbol (‡) before their number are stored at Camino de Hormigueras 160 and are subject to storage fees as outlined in these conditions.

No exchanges or withdrawal rights apply. Only if an item does not match the description or has major unlisted flaws, the buyer has 14 calendar days from receipt to return it.

During handling and transport, frames and supports may suffer damage. Durán assumes no responsibility or insurance coverage for these elements; the value resides solely in the artwork.

Subscriptions can be made for one year by downloading and submitting a subscription form via email to [email protected]. Complete, art-only, or book-only subscription options are available for Spain and abroad.

Consumers can direct complaints to [email protected] for out-of-court dispute solutions, or use the EU Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr/.

Discrepancies are submitted to the competence of Spanish Courts and Tribunals, governed by Spanish Law, specifically regulations on mediation and deposit contracts.