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General contract conditions
Durán is a Recruitment Center, whose objective is constituted by direct or auction sales, previous voluntary auctions, containing lots such as artistic objects or of similar nature entrusted for its purpose.
Consequently, Durán acts as an intermediary between the owner or seller, on its behalf, and the potential buyers, except for when it states otherwise that the sale is on behalf of “DURÄN SALA DE ARTE, S.L.U.”
Durán states that the Depositor / Seller has the necessary legal capacity to contract, peaceful possession and full power of disposal over the goods subject to auction or sale. The Depositor/Seller exonerates Duran from all liability and shall assume in full, any consequences, damages and expenses that may arise from defects of capacity, ownership or free disposal of the Depositor/Seller, as well as, on the occasion of claims made by third parties on the objects deposited for auction or sale.
In the case of natural people, the Depositor/Seller shall be required to present his/her National Identity Card or valid identity document containing a photograph. If the sale or deposit is made on behalf of a third party, he/she must provide a written authorization accompanied by an ID card or valid identification document, assuming the veracity and responsibility of it.
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 (N.I.F.), as well as, a document accrediting sufficient powers to act on behalf of the company.
Durán will keep a copy of the documents provided in its files.
Durán will deliver the admission receipt and, as an attached document, a copy of these General Conditions.
When depositing a lot, the Depositor/Seller must present his/her ID card or a valid photo ID. Durán will provide the admission receipt.
If the deposit is made as a natural person, the Depositor/Seller will have to present his/her ID card or valid identity document with photograph. If the sale or deposit 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 case of a legal entity, the Depositor/Seller will have to present the deed of real ownership, the public deed of incorporation, card accrediting the Tax Identification Number (N.I.F.), as well as, a document that accredits sufficient powers to act on behalf of the company.
In the receipt one will declare the awareness of the contents of these Conditions, therefore being subject to them.
The objects and works of art will be admitted in the state in which they are found, and Durán will not accept any claim about restorations, breakages or damages, even if they have not been stated in the corresponding receipt of admission.
Durán reserves the right to accept or reject the lots offered for auction or direct sale.
With the admission of each lot, always taking into account the basis of the statements made by its owner and/or seller, Durán will proceed to its description in the corresponding admission receipt.
Once a lot has been admitted, as delivered by the owner and/or seller, Durán will become the depositary of the lot. Likewise, it will proceed to its expert appraisal and valuation by qualified personnel, as well as to 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. The corresponding amount shall be deducted by Durán upon settlement of the lots to the Depositor/Seller, once they have been sold or auctioned.
The reproduction of the lots found in Duran´s catalogs, will be at the expense of the Depositor / Seller. Any statement contained in the catalog regarding the author, origin, age, provenance and condition of the lot, is formed on the basis of the statements of their owners and/or sellers, and when appropriate, 0 expressly requested by them, after careful research and advice, but on its accuracy, Duran accepts no responsibility. Buyers must form their own opinion on the different points.
The expenses of management and inclusion with photograph of the lots in the catalog, as well as its reproduction by means of engravings or photographs, will be of account of the Depositor/Seller, being its amounts those determined by the following scale:
Between €301 and €1.000
From €1.001 onward
In the case of books included in the auction Only by bids, the management fees (V.A.T. included) will be according to the following scale on the starting price:
Between €601 and €1,000
From €1,001 onward
The Depositor/Seller grants Durán the right to photograph and illustrate any lot to be auctioned and to use such photographs and illustrations at its sole discretion, including, for these purposes, the use of electronic media.
If any Depositor/Seller requests, Durán may develop an advertising campaign aimed at promoting the lot to be auctioned and/or sold. The prices of such campaign will be appropriately agreed and paid by the Depositor/Seller.
The starting price or basis for direct sale of each lot, as well as, the mode of sale (auction room, online auction or direct sale and / or online) shall be determined by mutual agreement between Durán and the provider. As a result, Durán shall transfer to the latter its best judgment and experience derived from its intervention as mediator in previous and similar operations.
The starting price or sales basis of each lot shall be specified in its corresponding admission receipt and in the catalog. This constitutes the minimum sale price, except in exceptional cases in which a reserve price may be agreed with the Depositor/Seller or, if Durán decides to establish it at its discretion.
Durán shall insure the lots deposited for the starting or base price. The provider is responsible for the corresponding expenses, which shall be 0.6% of the starting/base price.
The lots auctioned but, unawarded during the session scheduled for such purpose, shall automatically be consigned for direct sale in the different electronic and commercial media systems and supports of the provider or platforms to which Durán belongs.
Durán shall inform the Depositor/Seller of the result of its auction lots by ordinary mail or e-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 costs and services listed in the section "MANAGEMENT AND REPRODUCTION COSTS" of these Conditions, as applicable in each case when not done in advance.
The lots unsold at auction and 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 or direct sale basis or sale by other means, systems and electronic and commercial media, in where Durán forms part of, no storage costs will be generated until the next auction or sales campaign is held.
Likewise, once the period of 20 calendar days has elapsed, it shall be understood that said lot is held by 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. Durán will be able, in this case, to set the starting price it deems most prudent. For the aforementioned purposes, Durán is also expressly authorized and empowered to use the electronic and commercial means, systems and media, its own or those to which it belongs, when found appropriate.
In cases where the Depositor/Seller delivers an object or work of art requesting certifications or appraisals from experts outside Durán, professional fees and expenses arising from this circumstance will be of the provider´s sole responsibility. Durán will not be admitting any liability for errors in the qualification or expertise that is made by them.
The Depositor/Seller authorizes Durán to deduct or invoice, if any, from the auction and/or sale price, the expenses incurred until the auction or sale takes place, as well as, the taxes corresponding to these expenses at the rate in force and applicable at any given time.
The aforementioned expenses shall be paid to Durán in accordance with any of the alternatives provided for in these General Conditions.
All of the above shall be applicable to objects sold at auction and/or in direct sale after the auction or direct sale takes place.
In the event that the Depositor/Seller decides, after the inclusion of a lot in a forthcoming auction or direct sale, not to complete the sale for which he/she requested Durán's mediation, Durán shall be entitled to claim from the Depositor/Seller, as expenses incurred and compensation:
I - an amount equivalent to 22% of the value set as 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 rendered up to that moment, listed in the section "MANAGEMENT AND REPRODUCTION EXPENSES" of these Conditions.
Once the settlement of the auctioned or sold lot has been made to the Depositor/Seller, Durán shall deduct from the lot (for the mediation carried out), a percentage for the concept of fees or brokerage. This percentage shall be established by mutual agreement between the Depositor/Seller and Durán for each lot deposited and shall appear on the corresponding receipt of admission of the lot.
If 30 calendar days have elapsed since the auction or sale of a lot without the successful bidder/buyer having paid the corresponding auction price, Durán shall use its best efforts and offices to obtain the relevant amounts from the successful bidder/buyer, and if such efforts fail, the Depositor/Seller may opt for a twofold alternative:
I - to put the lot up for auction again.
II - to confer its procedural representation to Durán, its lawyers and/or attorneys, in order to file the pertinent legal claim, in which case the Depositor/Seller shall assume the expenses arising or accruing from such legal proceedings.
In the event that the Depositor/Seller does not act or does not give instructions to Durán regarding any of the alternatives indicated in the preceding paragraph, the Depositor/Seller expressly authorizes Durán to proceed, without prior notice, to the direct sale of the lot in question, or to newly auction it at the starting price and/or minimum sale price set at the time. Durán will be expressly authorized to use for such purposes, the electronic and commercial means, systems and media, its own or those of other companies to which it belongs, where found appropriate.
Durán will pay the Depositor/Seller the corresponding amount, after deductions for expenses, Durán's brokerage, royalties -if applicable- and taxes, from 30 (thirty) days after the date on which the auction was held or the sale was made, provided that the lot is paid for by the Awardee/Buyer. In the event of non-payment by the Awardee/Buyer, the provisions contained in the section "TRANSFER OF CLAIMS IN JUDICIAL CLAIM" of these Conditions shall apply.
Exceptionally, and for cases in which the Administration exercises its right of first refusal, the corresponding amount will be settled in accordance with the payment procedure and deadlines specifically provided for these cases in the Law.
The rights of the authors and their heirs over their works and creations shall be respected in accordance with the Intellectual Property Right Law. When applicable, the corresponding deduction shall be applied to the price of the award and/or sale of the work of authors subject to the Intellectual Property Right Law, which shall be for the account of the Depositor/Seller.
Auctions in room: The lots transferred to Durán's warehouse at Camino de Hormigueras 160, 28031 Madrid, may be picked up at the given warehouse once payment has been made in full and upon presentation of the delivery order that Durán will provide.
The successful bidder/buyer may ask the shipping company MBS (91 541 48 94), for an estimate of the packaging costs, shipping and insurance of the lots purchased at auction, from Durán's warehouses to the destination requested by the successful bidder/buyer. MBS will advise on the most suitable and economical means of transport.
Auctions and online sales: Once the shopping cart has been confirmed, select the method of shipment or collection:
Lots stored at Durán's facilities at Camino de Hormigueras 160, 28031 Madrid, may be picked up from Monday to Friday from 9:00 am to 3:00 pm upon agreement and presentation of the delivery order that Durán will provide to the Awardee/Buyer or will be send to the warehouse staff.
The lots stored at Calle Goya 19, 28001 Madrid, may be picked up during the opening hours, Monday to Friday from 10:00 to 13:45 and from 17:00 to 20:00 hours, upon agreement and presentation of the delivery order that Durán will provide to the successful Awardee/Buyer or, when requested, will be send to the room staff.
Home delivery: the system will ask for the delivery address and will show the amount of the same (V.A.T. included).
In the shipping costs that the computer system provides, the packaging and shipping costs is included (V.A.T.) and, a minimum insurance coverage according to L.O.T.T. Royal Decree No. 1211/1990, Regulation that develops the Law 16/1978 of July 30, 1978 on land transport management, by which the liability of carriers of goods for damage, loss or damage suffered by these, will be limited to 4.51 euros per kilo.
However, if someone decides to insure the goods for the full amount (up to a maximum of 10,000 -ten thousand euros) in addition to damage, loss or breakdown, one must check the corresponding box to take out additional private insurance. The system will recalculate the shipping and packaging costs and 4.5% of the insured value will be added as insurance costs.
The shipment will be carried out within a maximum of 10 days from the moment of confirming the order, and both packaging and shipping will be managed by the company:
SHIPMENTS AND COLLECTIONS DURING HOLIDAYS: during vacation periods (Easter, Christmas and August), the offices and warehouse of the hall 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 vacation arrivals.
Shipments will only be made to the peninsula and the Balearic Islands. For purchases with shipments to the Canary Islands, Ceuta, Melilla and abroad, please contact Durán.
The lots that appear in the catalog with the sign ‡ in front of the lot number, will be taken to Durán's warehouse at Camino de Hormigueras 160, 28031 Madrid. These lots are subject to storage costs as indicated in the sections "AWARD AND STORAGE COSTS" and "UNWARDED LOTS" of these Conditions.
No exchanges will be admitted. There is no right of withdrawal.
The items offered by Durán, both in auction, online auction, online sale and/or direct sales management, are offered in the state of preservation they had at the time of being deposited, so that during the opening hours of the room we offer a customer service consisting of a group of experts who will report on the state of conservation, author to whom it is attributed or any other information related to the items available for purchase or bidding.
This service to the public will be provided according to principles of good faith and reasonable and founded Durán criterion 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 flaws not indicated in the description, the Awardee/Buyer will have 14 (fourteen) calendar days 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 holder is the successful bidder/buyer. Once the object is received in the same condition in which it was delivered. Packaging and transport costs shall be borne by the Awardee/Buyer and any damage that may be caused to the same during transport shall be the sole responsibility of the Awardee/Buyer. Any other expenses generated by the return shall be for the account and risk of the Beneficiary/Buyer.
In cases of discrepancy as to authenticity, a written report by a recognized authority on the subject must be provided.
Moldings, picture frames and other similar objects are decorative accessories that do not form an integral part of the object described and therefore no claims or returns will be accepted for the state of conservation of the same.
If you wish to subscribe to our catalogs for a period of one year, please download our subscription form and send it duly completed and signed, by e-mail to [email protected], or by fax to the number 91 431 04 87.
Subscription price (V.A.T. included):
Complete (art and books)
The amount of the subscription can be paid in cash and with VISA or Mastercard credit card, in our offices at Calle Goya 19 - 1st floor, 28001 Madrid, or by:
- Wire Transfer
Durán Sala de Arte S.L.U.
IBAN ELECTRONIC FORMAT: ES1921004904411300196524
IBAN REGULAR FORMAT: ES19 2100 4904 4113 0019 6524
SWIFT / BIC: CAIXAESBBXXX
- Check or conformed formative check
If one, as a consumer, considers that its rights have been violated, a complaint can be sent to the e-mail address [email protected] in order to request an out-of-court settlement of disputes.
Furthermore, if the purchase has been concluded online through our website, in accordance with Article 14.1 of Regulation (EU) 524/2013, we inform that the European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.
In the event of discrepancies arising between the parties due to the auction´s operations, the depositor/seller, the successful bidder/buyer and the Room itself, will submit to the jurisdiction of the Spanish Courts and Tribunals.
The operations in which the Room intervenes, as regards their legal qualification and consequent effects, are subject to the rules of Spanish Law and more specifically to the precepts that regulate mediation and deposit contracts.
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