General Auction Terms and Conditions
SUBASTAS DE BARCELONA, S.L., SUBARNA business objective is to act as a business intermediary, by acting as a depository, exhibitor and auctioneer of all categories of art and decorative objects, antique, modern, collectibles and other items entrusted to SUBASTAS DE BARCELONA, S.L.
Terms and Conditions: Vendors:
The prospective vendor commits their items for sale by auction at a reserve price agreed between themselves and SUBASTAS DE BARCELONA, S.L. The reserve price constitutes the minimum sale price. This price will be stated on the bill of receipt of lot. Equally, SUBASTAS DE BARCELONA, S.L.’s sales commission rate, generally 20%, will be stated on the bill of receipt. Said sales commission is subject to 21% VAT. (IVA)
The vendor guarantees that they are either the legal owner of the items submitted for sale, or are acting with the legal authorisation of the legitimate owner to dispose lawfully of said items, freely and without claim, charge or other lien.
The vendor grants to SUBASTAS DE BARCELONA, S.L. the absolute right to photograph and represent any goods that may be submitted for sale. The cost of ten euros per lot, plus VAT (IVA) for photography, reproduction and inclusion in the catalogue will be borne by the vendor. This charge will be waived only if the items are sold at auction.
SUBASTAS DE BARCELONA, S.L. is not insured against any damage incurred to vendors’ items whilst on its premises. The vendor may therefore choose to insure their own goods. SUBASTAS DE BARCELONA, S.L. offers, at the vendor’s own cost, an insurance policy whose payments will be discontinued when the items are sold, or ended by the vendor in the case of unsold items being withdrawn.
Should the vendor choose to withdraw items prior to auction, they will be liable for all fees that would have been due to SUBASTAS DE BARCELONA, S.L. had the item been sold at its reserve price, plus the corresponding amount of VAT (IVA).
The vendor will bear all costs involved in the collection of goods whether from within or outside the city, insurance, storage and photography. Similarly the costs of returning items will be charged to the vendor.
Should it be deemed necessary by the mutual consent of the vendor and auction house, any costs arising from the cleaning, or restoration of any items, or the consultation of external experts will be charged to the vendor, even if the lot remains unsold.
Where applicable any costs corresponding to authored works subject to The Intellectual Property Rights Law 22/87 will be paid by the vendor. For further information see https://www.vegap.es/licencias/informaciongeneral Para más información https://www.vegap.es/licencias/informacion-general
The organisation of the auction will be carried out by SUBASTAS DE BARCELONA, S.L. who will fix its date and time, the lots to be included, their order and descriptions, with the aim of obtaining, according to our criteria, the best possible end result.
SUBASTAS DE BARCELONA, S.L. will deduct the cost of auctioning, their commission as enumerated on the receipt of goods or contract, plus corresponding taxes.
11. The dispatch of sold goods will take place within a maximum of 45 days from the date of the auction, always assuming the lots have been fully paid for by the buyer and are not subject to the obtaining of certificates or relevant export permits.
12. Unless otherwise indicated by the vendor, unsold lots will be entered into the next auction at the same reserve price. If after 30 days following the auction, an unsold item has not been withdrawn by the vendor, SUBASTAS DE BARCELONA, S.L. retains the right to auction it at up to 50% of the original reserve price. In the case that the vendor does not wish to re-auction the piece and has not removed it from the auction room within one month after the auction, storage charges of five euros per day, per lot, plus VAT (IVA) will be levied from said date.
Terms and Conditions: Buyers
1. Lots are sold to the highest bidder.
2. A vendor’s commission of 18% will be added to the hammer price. 21%VAT (IVA) of that fee will also be added. A buyer’s premium of 21.78% will be added to the auction clearing price which includes commission and VAT (IVA).
3. Designated by SUBASTAS DE BARCELONA, S.L. the auctioneer will be the sole judge of the procedure of the auction of the lots and their hammer prices. The auctioneer’s decision is final and in the event of queries arising from the hammer price of a lot, or the identity of a purchaser, an item may be resold during the same session.
4. Bids will be made according to the following scale:
In accordance with its expertise and prevailing circumstances the auction house may choose to vary the bidding system in specific cases.
1. SUBASTAS DE BARCELONA, S.L. Will accept written bids submitted on the forms provided by the auction rooms up till 14 hours before the day of the auction. With such bids the auctioneer will represent the purchaser up to their stated maximum offer,
awarding the sale at the lowest possible price. In the event of two or more equal offers, the offer submitted first will be given priority.
2. Telephone bids are acceptable for lots with reserve prices of or exceeding 600€. Said bids must be likewise formalised on forms supplied by the auction house. Making a telephone bid implies that the bidder is obliged to, at least, meet the reserve price. The auction room takes no responsibility for a bad, or lost connection. In this case the auction room will meet the reserve price on the bidder’s behalf.
3. SUBASTAS DE BARCELONA, S.L. Cannot accept bids from clients whose solvency is not adequately validated, and equally will not accept any winning bids. Thus an identity document or passport may be requested as required by the company.
4. The details published in the catalogue conform to the criteria of SUBASTAS DE BARCELONA, S.L. and as such, must not be taken as fact. Buyers should form their own opinions prior to the auction, to which end items to be auctioned are offered for public preview for at least ten days prior to an auction, during which time we offer a further information service such as detailed photographs. SUBASTAS DE BARCELONA, S.L. accepts no responsibility for the accuracy of its catalogue. With regard to jewellery, the weight in kilograms and/or grammes, when indicated, is always approximate.
5. Lots purchased will be delivered as seen and no complaint will be accepted on the grounds of restoration, defects tears, or breakages etc., even if not stated in the catalogue.
6. Payment and collection of lots must take place no longer than seven days after the auction. Post and packaging costs are borne by the buyer and in consultation with the logistics department, if necessary. The auction room will provide costing and assist clients, if requested, with companies specialising in fine art transportation. This will apply also in cases where export licences must be obtained. After such a period, if the buyer has not collected their lot(s) they will accrue storage costs of 5€ per lot, per day. SUBASTAS DE BARCELONA, S.L. bears no responsibility for any deterioration to items during this time. If a buyer has failed to pay for, or collect their goods within one month of the auction, SUBASTAS DE BARCELONA, S.L. has the right to re-sell items without prejudice to any legal action pertaining and without the buyer’s right of redress.
7. The auction room bears no responsibility for possible damages caused by third parties during transport once the items have left the premises of Subastas de Barcelona S.L.
8. Please bear in mind that artworks older tan 100 years require an export permit to be taken out of Spain. Subarna will process it on your name and will charge €50 + 21% VAT. Estimated time is a month to a month and a half. Artworks to be exported outside of the European Union will incurr in an additional costums fee to be determined by the Ministry of Culture, it is calculated based on the hammer price and oscilates between its 15% and 20%.
9. The Spanish State reserves the right of first refusal and pre-emptive rights over auctioned lots and may exercise the right of first refusal at the auction or of pre-emption within the timescale established by law.
10. For any consultation concerning the collection of very large items, contact the logistics department at firstname.lastname@example.org to confirm their location as well as the address of our premises. Very large vehicular access to our auction room and warehouse is subject to consultation with the logistics department.
Data protection laws
In compliance with the Organic Law 15/1999, October 13, Personal Data Protection, the client permits SUBASTAS DE BARCELONA, S.L. to include their personal data on a client database as well as for the promotion on behalf of SUBASTAS DE BARCELONA, S.L. of objects which at any time it may put at the disposal of its clients or the general public. The client may exercise their right of access, rectification or cancellation of their personal data by directing an appropriate request to: SUBASTAS DE BARCELONA, S.L., c/ diputación, 278 local, 08009 Barcelona.
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