GENERAL CONDITIONS RELATING TO GOODS DELIVERED TO BARCELONA AUCTIONS TO BE AUCTIONED
The Consignor expressly acknowledges and consents to the following general contract conditions (hereinafter, the “General Conditions”), to which the sale of the Lot(s) at Auction shall be subject:
- DURATION.- These General Conditions shall take effect upon the signature of the consignment contract (the “Contract”) and shall remain valid if BARCELONA AUCTIONS does not notify the Consignor otherwise. No modifications of these General Conditions shall have retroactive effects regarding an already finished Auction.
- GENERAL RULES OF COMPLIANCE BY THE CONSIGNOR FOR THE ACCEPTANCE BY BARCELONA AUCTIONS OF A LOT TO BE AUCTIONED.- The Consignor acknowledges to be aware of the following rules so that BARCELONA AUCTIONS accepts to auction a Lot:
- a) The Consignor accepts to consign the Lot(s) to BARCELONA AUCTIONS, by authorizing the company to intermediate in its sale at auction, through live auctions or online auctions through the website www.barcelonaauctions.com, owned by BARCELONA AUCTIONS, subject to these General Conditions.
- b) The Consignor undertakes to grant exclusivity to BARCELONA AUCTIONS for the sale of the Lot(s) at Auction as long as they are assigned to BARCELONA AUCTIONS, upon the signature of this contract and until the completion of the auction process. Otherwise, BARCELONA AUCTIONS may remove the Lot from the auction and the Consignor shall pay the 30% of its starting price.
- c) The Consignor acknowledges and agrees to be subject to the Auction procedure in BARCELONA AUCTIONS, described to its users in the Auction’s General Terms and Conditions, as you can see in the website www.barcelonaauctions.com.
- d) These General Conditions shall be completed with the corresponding special contracting conditions to be signed by BARCELONA AUCTIONS and the Consignor (hereinafter, the “Special Conditions”), which shall include, for example, among others, the description of the Lot(s), the reserve price or Minimum Selling Price agreed for the Auction (hereinafter, the “Minimum Selling Price”), the BARCELONA AUCTIONS commission and, where applicable, any associated expenses.
- e) If deemed necessary, BARCELONA AUCTIONS shall modify, without previous consent of the Consignor, the terms indicated in the Special Conditions related to the description of the Lot(s), in order to better adjust it to its physical reality, and the expected dates of the Auction(s).
- f) The Consignor shall not to remove the Lot(s) before the Auction takes place. However, he/she may withdraw the Lot(s) by giving written notice 15 working days prior to the Auction and by paying BARCELONA AUCTIONS the 30 % of the Minimum Selling Price and additional expenses, if any, in damages. As long as these amounts are not paid to BARCELONA AUCTIONS, BARCELONA AUCTIONS shall be entitled to retain the Lot(s) and to take any appropriate legal actions.
- g) It is strictly prohibited to the Consignor from bidding him/herself, or through third parties, for his/her own Lot(s) with the purpose to increase its hammer price and not with the purpose to purchase it. Without prejudice to the possibility of cancelling the Consignor’s user account, BARCELONA AUCTIONS reserves the right to take legal action against the Consignor who fails to comply this rule.
- h) The construction and the state of the frames does not allow to guarantee their conservation during the deposit in BARCELONA AUCTIONS. BARCELONA AUCTIONS is not responsible for damages or losses suffered by the frames during this period.
- VERACITY ABOUT THE OWNERSHIP OF THE LOTS TO BE AUCTIONED.- The Consignor:
- a) Claims to be the legal and sole owner of the Lot(s). In this regard, the Consignor assures that the Lot(s) will include no charges or encumbrances and that no third parties have any rights over them. In the event that the undersigned is a representative of the legal owner, he/she must be authorized by the owner in order to deliver lot(s) free of charges, claims and other encumbrances.
- b) Shall inform BARCELONA AUCTIONS, in writing and before the signature of this Contract, about any information regarding the attribution, origin, documentation, publications or certificates that may affect the items transferred. He/she also authorizes BARCELONA AUCTIONS to share this information.
- c) Accepts any responsibilities derived from the ownership, authenticity and existence of hidden defects in the Lot(s) that is/are going to be auctioned at BARCELONA AUCTIONS, accordingly releasing BARCELONA AUCTIONS of every responsibility against any claims. In any event, BARCELONA AUCTIONS reserves the right to remove any Lot(s) from the Auction process if it thinks that the information provided by the Consignor is untrue in the opinion of BARCELONA AUCTIONS, all without prejudice to urge the Consignor any kind of claims for damages, on a civil or criminal basis, as a result of the action of the Consignor.
- d) The Consignor expressly understands and accepts that cataloguing and appraisal have been done in good faith and frees BARCELONA AUCTIONS from any claims regarding loss of profit for subsequent appraisals, attributions and/or resale.
- STORAGE OF THE LOTS.- The following rules apply for the storage of the Lots:
- a) If lots included in auctions are deposited in Consignor’s facilities, shop or warehouse, the Consignor undertakes to deliver to BARCELONA AUCTIONS the lots that are awarded, in the same conservation state as they were offered for auction.
- b) BARCELONA AUCTIONS, under its responsibility, reserves the right to move or transfer the Lot(s) among its headquarters, facilities, warehouses and the independent study and analysis cabinets of its collaborators. Likewise, BARCELONA AUCTIONS reserves the right to exhibit the Lot(s) in any of its own facilities or exceptionally in facilities of third parties with which it collaborates.
- c) In the event that it has been agreed in the Special Conditions that the Consignor shall retain the Lot(s) until it is awarded at the Auction and, therefore, BARCELONA AUCTIONS does not stores it, the Consignor shall deliver the Lot(s) in the same conditions as when the Minimum Selling Price was agreed and published at the Auction, after the Lot(s) has been awarded to a buyer. The Consignor shall assume full responsibility for any damage or deterioration caused to the Lot(s) while it is under his/her possession and custody.
- d) The lots ceded to BARCELONA AUCTIONS for auction are not insured, so any mishaps they may suffer (loss, breakage, accidents, fire, theft, burglary, etc.) will be at the seller’s risk. BARCELONA AUCTIONS makes available to the sellers an insurance policy whose amount will be charged on a separate invoice at the time of settlement of the lots sold. If the lots are not sold, the insurance must be paid before they are withdrawn
- BARCELONA AUCTIONS COMMISSION PAYMENT TERMS.- The Consignor declares and agrees to know the following remuneration rules for the services by BARCELONA AUCTIONS:
- a) BARCELONA AUCTIONS shall receive from the Consignor the commission (hereinafter, the “Commission”) agreed in the Special Conditions, over the amount to which the Lot(s) will be awarded at Auction, € 20 for management costs and other expenses arising from the sale. The current VAT will be applied on this amount.
- b) BARCELONA AUCTIONS shall pay the Consignor the amount obtained at Auction after deduction of the Commission, the €20 for management expenses and other related expenses, plus VAT, 45 calendar days after the date of sale of the Lot(s) at Auction, provided that the Lot(s) has been already paid by the buyer, has obtained export permits and related certificates, if necessary. BARCELONA AUCTIONS will pay the Consignor by bank transfer.
- c) The Consignor shall pay BARCELONA AUCTIONS any due invoice and costs incurred in order to recover the Lot(s) not sold at Auction. In this regard, the Consignor shall be responsible for any additional expenses that may arise in relation to the Lot(s), such as transport, storage, certificates, restoration or packaging costs agreed in the Special Conditions.
- d) In the event that the Lot(s) require a definitive export license or other legally enforceable procedures or authorizations, the sale of the Lot(s) to the buyer and the payment of the corresponding amount to the Consignor shall be subject to prior obtaining of such documents.
- e) In the event of non-payment of the Lot(s) by the buyer within the deadline, BARCELONA AUCTIONS shall have the right to terminate the sale of the Lot(s) for breach of contract by the buyer and to include the Lot(s) again in a new Auction at the same Minimum Selling Price, if it deems it appropriate.
- DESTINATION OF NON-AUCTIONED LOTS.- The following rules shall apply to lots not auctioned:
- a) If a Lot(s) cannot be sold in an Auction, BARCELONA AUCTIONS may choose one of the following options:
- The unsold lots must be recollected by the owner of the lot within 7 days from the day of withdrawal from the auction, in this case no storage cost will be charged to the client.
- In the event that the unsold lots have not been picked up and BARCELONA AUCTIONS has not been expressed in writing the willingness to take them back during the period indicated, the owner authorizes:
- In online auctions, BARCELONA AUCTIONS may put the lots back on sale at the same agreed reserve price, up to a maximum of 3 times and, in the event that, after the holding of such auctions the Lot(s) are not subject to sale, BARCELONA AUCTIONS may again publicly auction the Lot(s) for a reserve price up to 50% lower than the previous reserve price.
- In face-to-face auctions, BARCELONA AUCTIONS may decide to place the lot in another face-to-face auction at a reserve price lower than the previous one, up to 50%, or to include it in the cycle of online auctions, at the same price or at a lower price, up to 50% lower than the previous one.
- BARCELONA AUCTIONS reserves the right to include the lots awarded and not paid by the buyer within 30 days of being awarded in future auctions with the same reserve price.
- Award the Lot(s) for the same minimum sale price of the last auction in which the Lot(s) was included, to any buyer who expresses an interest in acquiring it from BARCELONA AUCTIONS outside the auction process, provided that, on the date scheduled for the transfer of the Lot(s) to the said buyer, the assignor has not notified BARCELONA AUCTIONS in writing of his intention to recover it.
- b) The Consignor may pick up the Lot(s) not awarded at the Auction, as indicated by BARCELONA AUCTIONS. In all cases, the Consignor shall request a prior appointment with BARCELONA AUCTIONS for the collection of the Lot(s) in order to speed up the collection process and confirm its location.
- c) If a Lot(s) is not sold at Auction and the Consignor notifies, as indicated in these General Conditions, his/her intention to recover it, storage costs shall accrue within seven (7) calendar days from the date of such notification (hereinafter the “Consignor Notification Date”), and it will be charged Euro 5 (plus VAT) per Lot per day, which shall be paid to BARCELONA AUCTIONS at the withdrawal. The Consignor shall pay the same storage costs seven (7) calendar days after BARCELONA AUCTIONS has notified the Consignor that the Lot(s) can be picked up since it was not sold at Auction (hereinafter, the “BARCELONA AUCTIONS Notification Date”).
- d) If more than twenty-one (21) calendar days elapse from the Consignor Notification Date or BARCELOA AUCTIONS Notification Date, and the Consignor has not picked up the Lot(s) and, when applicable, has not paid the corresponding charges, BARCELONA AUCTIONS, without prejudice to the rest of legal actions that correspond to it, may decide to include again the Lot(s) for auction, at a free hammer price, that is, with no Minimum Selling Price.
- REGULATIONS REGARDING INTELLECTUAL AND/OR ARTISTIC PROPERTY RIGHTS OVER THE LOTS TO BE AUCTIONED.- The following rules shall apply regarding artistic rights over the lots to be auctioned:
- a) The Consignor grants BARCELONA AUCTIONS a non-exclusive license to use any images, certifications, history, preservation state or graphic documentation that he/she has received regarding the Lot(s), so that they can be used by BARCELONA AUCTIONS for Auction and advertising purposes. The Consignor also grants BARCELONA AUCTIONS the right to photograph and illustrate any Lot(s) of his/her property to be included in the Auction and to use the resulting materials in the formats and for the purposes it deems appropriate. He/she also acknowledges BARCELONA AUCTIONS’ copyright over the photographs taken by the saleroom team and its right to store and share them.
- b) The Act 3/2008, which entered into force on 14 January 2009, establishes, under certain circumstances, the right of authors throughout their lives and those of their beneficiaries until 70 years after the death of the artist to participate in the resale price of the original works of art. Accordingly, BARCELONA AUCTIONS shall retain the right to participate when the resale price is equal or over € 800, excluding applicable taxes, for a work sold or a group conceived as a unit.
- c) The amount of such participation applied on the resale price in the Auction’s hammer price that shall belong to the authors of the Lot(s), will be the following:
- 4 % of the first € 50,000 of the resale price.
- 3 % of the resale price between € 50,000.01 and € 200,000.
- 1 % of the resale price between € 200,000.01 and € 350,000.
- 0.5 % of the resale price between € 350,000.01 and € 500,000.
- 0.25 % of the resale price over € 500,000.
In no case may the total amount of this resale right exceed € 12,500.
The resale prices referred to in this paragraph shall be calculated excluding the tax due for the resale of the Lot(s).
- DATA PROTECTION.- In compliance with the provisions of the Spanish Organic Law 3/2018 of 5 December, on Protection of Personal Data and Security of Digital Rights (LOPD), as well as with the Regulation 2016/679 of the European Parliament and Council of 27 April 2016 (RGPD), relating to the processing and free movement of personal data, the Consignor is informed that BARCELONA AUCTIONS is responsible for the diligent processing of personal data collected from the Consignor on the occasion of the signature of these General Conditions and Special Conditions. The information provided shall be processed for the sole purpose of managing the data within this contractual relationship and, in particular, to meet the requests of the Consignor, to manage the Auction process of his/her Lot(s), and its history in BARCELONA AUCTIONS.
The legal basis for the Consignor’s data processing is the performance of this contract between the Consignor and BARCELONA AUCTIONS, as well as in the legitimate interest of BARCELONA AUCTIONS for fraud prevention and direct marketing purposes, to send commercial communications about products and services related to Auctions, but having the Consignor the right to oppose at all times the processing of personal data concerning him/her.
Accordingly, the Consignor hereby expressly AUTHORIZES BALCLIS to process his/her personal data to whose effects they have been provided, in accordance with the specific regulations mentioned above. For these purposes, the Consignor
AGREES / DOESN’T AGREE
with the use of his/her personal data for the purpose of providing service under this business relationship.
The Consignor’s personal data shall not be disclosed to third parties unless we have his/her consent or it may be necessary for the Auction service. You can find information about the recipients of your personal data, as well as about international transfers of your data made by BARCELONA AUCTIONS at https://www.barcelonaauctions.com/en/page/privacy-policy
Personal data shall be kept as long as they are necessary for service delivery or contractual relationship with BARCELONA AUCTIONS, and as long as the Consignor does not request to delete them, his/her data shall remain blocked for the corresponding legal prescription period. You may exercise, at any time and free of charge, your rights of access, rectification, deletion, limitation of processing, opposition and portability of your personal data, requesting it by writing and providing a copy of your National ID, to the email address firstname.lastname@example.org or by ordinary post to the following address:
ARCE SUBASTAS, S.L.
C/ Santaló 9, Bajos,
08021, Barcelona (Spain)
The Consignor is informed that he/she may exercise his/her right to file a complaint to the control authority at any time.
BARCELONA AUCTIONS and the Consignor shall be subject to any applicable rules, such as the Spanish Act 16/1985, of 25 June, on the Spanish Historical Heritage, The General Tax Law 58/2003, of 17 December and the Spanish Royal Legislative Decree 1/1996, of 12 April, approving the consolidated draft of the Spanish Copyright Law. The Consignor shall wait for the final export licences to be obtained, where appropriate. In the event that this licence is denied by the competent authorities, BARCELONA AUCTIONS could declare the sale null and void and give the choice to auction the lot again under the same conditions and starting price as described here.
- APPLICABLE LAW AND JURISDICTION.- These General Conditions, as well as the Special Conditions, are subject to the Spanish Law, and if any discrepancies arise from their interpretation, the Parties designate the Courts of Barcelona as the competent body, expressly waiving any jurisdiction that might correspond to them.
In witness of what has been agreed, both parties sign these General Conditions in two copies and to one sole purpose, on the date and place above mentioned.