I.- GENERAL CONTRACT CONDITIONS
DEFINITION.
Patio Ancestral SL, Figaro Auctions, Virtual Room, is a contracting center, whose object is constituted by the sale in auction, prior voluntary online auction, as well as directly, of the goods, artistic objects or similar nature that are entrusted to such end
Consequently, Figaro Auctions, acts as a mediator between the owner and / or seller of each lot and potential buyers.
The general information contained in our online catalogs are made and supervised by our team, after their study. In particular cases of jewelry, watches, silver, etc., we study by experts in each subject. The objects or works of art to be auctioned, will be exhibited, at least fifteen days in advance, in the online Catalog of our Virtual Room, in order to allow a first examination and knowledge of them to potential buyers.
We have an Office and Customer Service Room, in our registered office in Seville, where we can show any piece of the Online Catalog, by appointment with the staff of this Company.
STATUS OF THE LOTS
The lots will be auctioned in the state in which they are, not accepting the Virtual Room any claims about restorations, damage, breakages, etc., even if they have not been recorded in the catalog. The virtual exposure of the lots, and even the personal inspection on demand, is intended to allow an examination of the objects.
ONLINE CATALOG DATA
Any statement of data expressed in the catalog regarding the author, legitimacy of the work, origin, origin and condition of the lot is obtained based on careful research and advice. However, no liability is accepted for its accuracy. In accordance with international custom, cataloged objects are sold with all their faults and imperfections, including errors of description, if any, and buyers must make sure, prior to the auction, if the description matches their personal criteria on the respective lot.
Any statement printed in the online catalog and referring to authorship, attribution, date, age, origin and condition is always the expression of an opinion that is governed by the interpretive terms that we detail below:
- a) Mr. José Jiménez Aranda (name and surname). It means that, in our opinion, it is an authentic work of the mentioned artist.
- b) Initial or initials of the name and surname. It means that, in our opinion, it is a work of the time of the mentioned artist and that it can be, totally or partially of his hand.
- c) Attributed to Mr. José Jiménez Aranda. It 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 in the field.
- d) Workshop of Mr. José Jiménez Aranda. It means that, in our opinion, it is a work done by an unknown hand in the mentioned artist's workshop, not necessarily under his direction.
- e) Circle of Mr. José Jiménez Aranda (name and surname). It 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 artist mentioned, although not necessarily his disciple.
- f) Spanish school, 17th century (dated school). It means that, in our opinion, it is a work made by an artist of this nationality or working in Spain and made in the 17th century or according to the canons of this time.
- g) Spanish school (undated school). It means that, in our opinion, it is a work made in the style of a determined or indeterminate Spanish artist, regardless of the time or nationality of its author.
- h) The term SIGNED means that, in our opinion, the signature is the authentic one of the artist executed with his knowledge.
- i) The term WITH SIGNATURE OF ... means that, in our opinion, the signature is made by a hand other than that of the mentioned artist and without his knowledge.
- j) The term DATE means that, in our opinion, the date is that of the mentioned artist.
- k) The term WITH DATE OF ... means that the date has been added by a hand other than that of the artist.
In the lots that include the existence of a certified study or publication carried out by a specialist, outside this room, it is considered that the buyer accepts as valid said document in terms of guarantee of authenticity.
For the purposes of online catalog, all objects that are more than fifty years from the date they were made are considered as old.
When we state that a clock is in the running state, we want to indicate that it contains all the parts that allow its start-up with a small review or repair, if necessary.
In wines, spirits, beverages and other bottled, and packaged, not responsible for or guarantee the status of the content, so the buyer assumes the status of the same at the time of bidding and / or purchase.
ORGANIZATION OF LOTS
The Virtual Room reserves the right to catalog the lots, change them or subdivide them into several, according to its prudent and expert criteria. We may also withdraw them for just cause.
DEPARTURE PRICE AND RESERVATION PRICE
The starting price of each lot, in the online auction, will be determined by mutual agreement between Figaro Auctions and the assignor / seller, for which purpose, the Virtual Room transfers its best criteria and experience to the assignor / seller derived from its intervention, such as mediator, in previous and similar operations.
The output figure of each lot is specified in the online catalog and does not have to be related to the value of the object in question, being generally much lower. The exit figure will constitute the minimum sale price, except in the exceptional cases in which a reservation has been agreed with the transferor / seller, or the Virtual Room has decided to establish it at its discretion.
RULES OF USE
In its capacity as mediator, the Virtual Room, will carry out the auction of the objects or works of art entrusted to it for this purpose, in accordance with the applicable and current norms at all times, as well as the commercial uses for which they traditionally come this type of operations being governed. Patio Ancestral SL, Figaro Auctions, as is an international custom, will act only as an intermediary, not being responsible for the accuracy of the claims about the author, origin, date, age, provenance and condition of the lot, although attesting, that its Study is the most truthful and technical.
However, the sale of a lot will be rescinded and its price returned to the buyer, if the latter notifies in writing to Figaro Auctions, within fifteen days following the conclusion of the auction, that in his opinion the lot is a deliberate forgery, must prove it in a reliable way.
The piece must be returned in the same condition and condition as delivered.
In any of these cases, Figaro Auctions will fully refund the money paid for the purchase of the object. Transportation costs in the collection and delivery of the piece or any other expense that is not the auction amount plus the commission and VAT, will not be paid by Figaro Auctions.
BIDS
Bids will be established and / or increased according to the following scale:
Scale and Bid Amount
From € 10 to € 100: € 5
From € 101 to € 200: € 10
From € 201 to € 500: € 25
From € 501 to € 1.000: € 50
From € 1.001 to € 2.000: € 100
From € 2.001 to € 5.000: € 250
From € 5.001 to € 10.000: € 500
From € 10.001 to € 20.000: € 1.000
From € 20.001 to € 50.000: € 2.500
From € 50.001 to € 100.000: € 5.000
From € 100.001 to € 200.000: € 10.000
From € 200.001 to € 500.000: € 25.000
From € 500.000 up to € 50.000
In any case, according to your experience, the Virtual Room may vary the bidding system in specific cases.
The Director of the online auction has the right to refuse any bid that does not exceed the preceding one in the amount in each applicable case. The Director of the online auction may request the ratification of a bid made.
AWARD TO THE BEST BIDDER
The lots will be awarded to the highest bidder. The disagreement between two or more bidders or bidders on the amount that has constituted the highest bid and, in general, any difference that arises between bidders of an auction, will be settled by the Director of the auction, which will award the lot to whom deem appropriate, unappealable. If the Director of the online auction does not resolve the disagreement or the difference between bidders on the fly, the Virtual Chamber 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 it may proceed to a private auction of it.
PACKAGING. TRANSPORT.
The expenses of packing, transport and insurance, of the lot awarded or not sold, will always be at the expense of the winner / buyer, or of the assignor / seller, and of his exclusive responsibility the damages that could be caused to him during his transport.
The awardee / buyer, or the transferor / seller, is responsible for obtaining and providing, where appropriate, at their sole expense and charge, legal and administrative documentation, licenses and permits of any kind, including those of export and import, which are possibly required by the Public Authorities and Administrations, national and international, for the legal transport of the lots awarded and / or acquired in the Virtual Room.
We make available to our customers, the possibility of organizing the complete logistics of the goods and objects auctioned, awarded or not, that is, dealing with packaging, transport and insurance.
INFORMATION AND VALUATIONS
The Virtual Room makes available to the public, during the days and hours of online exposure, an advisory service constituted by our experts, who will report on the state of conservation, author to whom it is attributed, market prices, or any other related data with lots included in catalogs for auction.
The advisory services expressed will be presented in accordance with the reasonable and prudent judgment of the Virtual Room, but without it assuming any responsibility regarding the content of the information.
The valuations, of all objects and pieces to be auctioned, will be free for our clients, both assignors / sellers, as winners / buyers.
APPLICABLE LAWS
In case of discrepancies between the parties, due to auction operations, the assignor / seller, the winner / buyer and the Virtual Room itself, waiving any other jurisdiction that may apply, will be subject to the jurisdiction of the parties. Courts and Tribunals of Seville.
The operations in which Figaro Auctions intervenes, in terms of their legal qualification and consigning effects, are subject to the rules of Spanish Law and more specifically to the precepts that regulate mediation and deposit contracts.
Both the transferor / seller and the buyer agree with the provisions of the Heritage Law and the General Tax Law, as well as compliance with the Laws and regulations concerning the possible export of Works of Art.
The Spanish State reserves the rights of first refusal and retraction on the lots that are auctioned and may exercise the right of first refusal in the act of the auction itself or the right of withdrawal within the deadlines established by the Law.
The rights of the author or his heirs on the work will be applied in accordance with the Intellectual Property Law.
PRIVACY AND DATA PROTECTION
Figaro Auctions informs that the personal data of its client-users will be incorporated into the databases of Patio Ancestral SL, being enabled to give computerized treatment to them, for commercial purposes within the activity of the company itself, and only that.
Figaro Auctions considers that the personal information of the client is strictly confidential and guarantees that it will be treated in accordance with Organic Law 15/1999 on the Protection of Personal Data.
Patio Ancestral SL collects, records, stores and uses your personal information so that you can sell or buy through our website and to keep you informed of the news and news of Figaro Auctions, unless you have told us otherwise.
All personal information is kept in a secure and strictly confidential database. Access is exclusively limited to authorized employees of Figaro Auctions. The servers that contain this data are protected against unauthorized access physically and electronically with security servers and additional virus detection systems, security systems installation, vulnerability tests, server backup and recovery, trained personnel, security control and other measures to improve security and confidentiality on an ongoing basis.
When registering as a user, Figaro Auctions asks you to enter a “user code” and a password, which guarantee the privacy and authenticity of bids, since when you make an offer, in the bid history, it will be visible your user code and not your first and last name, and the bid will not enter unless you enter the correct password.
As a customer, from the “My Account” section you can change your data, as well as the user code and your password, to access the bidding process.
Auctions Figaro keeps the right to cancel a customer's account for different reasons, such as non-payment of parts that have been awarded in auction.
In the same way, if you no longer want to be a client of Figaro Auctions, you can tell us at any time, either by email or by phone, indicating all your data, your user code and your password.
If there is a court order, an order from a public or police authority or a legal authority, Figaro Auctions may be required to disclose your personal information.
We take special care to protect the safety and privacy of children. Our sites are designed for the general public. However, we do not allow persons under 18 years of age to register to obtain products or services on our site. We do not collect or request any personal data from users under 18 years of age.
We recommend that parents or guardians participate in the cyber activities of their children and make use of parental control or any system of filtering or blocking information on the internet to monitor the access of minors to the network.
We understand that it is of utmost importance for you to protect the security of the personal information you are sharing with us. Therefore, Figaro Auctions, tries to offer and supply all those necessary means to give the maximum guarantees of information processing.
The Figaro Auction registration forms are shown under a secure connection, with certificate granted to Figaro Auction of SSL type with 128 byte encryption. At the time of connection you can see that it is done under an address type https: //www.subastasfígaro.com and that at the bottom of your browser appears a padlock in which the certificate data is arranged.
In spite of this, as a user, it must be taken into account that, Figaro Auctions cannot be held responsible or accept compensation requests for data modifications or external accesses made in bad faith by third parties.
We kindly ask you to keep your password secret in a safe place and do not give it to anyone. Also remember to close your email account, as well as your browser window each time your visit to “www.subastasfígaro.com” is terminated.
Right of access, opposition, rectification and cancellation
We inform you that in compliance with articles 21 and 22 of Law 24/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI), by using our contact addresses, you expressly authorize a Figaro Auctions to send advertising or promotional communications by email to the recipient thereof.
It is reported that the rights of access, opposition, rectification and cancellation can be exercised by contacting Patio Ancestral, SL C /. Santa Ana, 34. - 41002 Sevilla - Tlf: 954 22 19 99
If you have any questions or concerns about the collection, use or protection of your personal information, we invite you to contact us.
More information and Update to the International Regulations, in:
GENERAL REGISTRATION RULES AND CONDITIONS
Patio Ancestral SL, Auctions Fígaro, owner of the website "Auctions Fígaro.com", "Auctions Fígaro.net" and "Auctions Fígaro.org", acts as a Spanish company registered in the MERCANTIL REGISTRY OF SEVILLE, Sheet SE-93.681 Folio 75 Volume 5.545 c / José Luis Luque, nº 8 Bajo, Local 2, CP. 41003, Sevilla, also, c / Santa Ana, nº 34-A, CP.41002, Sevilla, and CIF. No. B-90006396.
Auctions Figaro is an online auction with physical support that aims to sell online public auction of antiques, art, collectibles and other artistic goods of a similar nature that are entrusted to it for this purpose.
Figaro Auctions and its fiscal figure Patio Ancestral, SL act as mediators between the owner and the buyer of each lot and, as such, it adapts to the regulations and regulations in force.
Prior to the delivery of an object to be auctioned, or prior to the collection thereof, there will be a specific form for each case, in which the rules of the auction and the conditions expressed therein will be accepted as principle. In the delivery, either for sale or for purchase, and in the registration as a user, this acceptance will be made by signing the form, and through the internet, it is understood at the time of validating the electronic forms.
The parties involved, seller-depositor and buyer, will comply with the provisions of the Heritage Law, the General Tax Law and the Intellectual Property Law.
The operations in which Figaro Auctions intervenes are subject to the provisions of Spanish Law and, more specifically, to the stipulations that regulate mediation and deposit agreements. In case of discrepancies between the parties due to auction operations, the seller, the buyer and Figaro Auctions, waiving any other jurisdiction that may apply, will be subject to the jurisdiction of the Courts and Tribunals of Seville.
Registration as a user has no additional charge. The Registration Form, collects the data of the future user, in order to operate with maximum security in the Auction, it must be filled in truthfully and kept updated. In the event of any intentional error, falsity in the registration data or breach of the conditions and regulations indicated, Figaro Auctions may delete the user's account without prior notice or right to compensation. All data is treated with the utmost discretion and following the Privacy Policy of Figaro Auctions. As a member of a community with a common interest, the only prerequisite to any operation is the acceptance of procedural rules. Once registered, the user agrees to use the means of the Figaro Auction website for the purpose for which they were created and to act in accordance with current legislation, respecting the privacy policy and the moral characteristics of the page.
By accepting these Terms and Conditions of Use, you also accept the General Conditions of sale and purchase of Fígaro Auctions specified on the Web page, section of "GENERAL CONDITIONS" and which you can access by clicking the corresponding link.
II.- GENERAL CONDITIONS FOR THE BUYER
PERSONAL REFERENCES AND CUSTOMER REGISTRATION.
Auctions Figaro carries out an online auction that has as its object the sale in public Internet auction of art, antiques, collectibles and other artistic goods of a similar nature that are entrusted to it for this purpose.
Auctions Figaro and its fiscal figure Patio Ancestral SL, act as mediators between the owner and the buyer of each lot.
In order to bid on Figaro Auctions you must register as a user. Enter the link on the homepage "Register as a user" and fill in the boxes correctly with your details.
The form will ask you to enter a "user code" and a "password". This guarantees the privacy and authenticity of the bids, since when you make an offer, your user code will be visible in the bid history and not your first and last name, and the bid will not enter unless you Enter the correct password.
Your personal data must be authentic and correct since, in case of any falsehood or manipulation, Figaro Auctions will cancel the registered customer.
Once the correct form has been submitted, Auctions Figaro will accept you as a user and send you, via mail, the approval, with which you can act as a bidder.
As a customer, from the “My Account” section on the web, you can change your data, as well as the user code and your password, to access the bidding process.
If you wish to unsubscribe as a user, you must contact us, via mail or phone.
It is not necessary to register as a user to travel through our website.
Registration as a user has no additional charge.
Once registered, the user agrees to use the means of the Figaro Auction website for the purpose for which they were created and to act in accordance with the current legislation, respecting the privacy policy and the moral characteristics of the page, being empowered of Figaro Auctions, the fact that in the event of non-compliance with any of these conditions and regulations, the user's account may be suspended or deleted without prior notice or right to any type of compensation.
In the event that there is any incident of connectivity or access to the Figaro Auction service, it will be notified to the last bidder user, and at the same time, published in the Figaro Auction home.
In any case, Figaro Auctions reserves the right to extend the auction the next day at the same time to guarantee access for all users or the cancellation of the affected Auction.
Any other claim that the buyer wants to make for non-exact data or falsehood of the piece must be inexcusably addressed to the seller, while Figaro Auctions does not assume the authenticity of the piece but only the mediation in the sale.
In no case may compensation or compensation be claimed, on items that have been auctioned or adjudicated have been lost or stolen from or at the auction, withdrawn from auction or canceled, expressly limiting the amount to be returned, to the amount of award of the piece to buyer.
No claim on the awarded lots will be accepted under any circumstances, 15 days after the issuance of the corresponding invoice, by Patio Ancestral SL
OBJECT REVIEW
The buyer must, during the online exhibition, or in our offices, personally and by appointment, check for himself, before the auction the state and other conditions of what he wishes to bid, not accepting, by Figaro Auctions, any claim on restorations, damage, etc., although they have not been recorded in the catalog.
ABOUT ONLINE AND WRITTEN BIDS.
The Virtual Room may bid, making public, at the time, and according to the circumstances of each auction, the offers it receives in writing from bidders or bidders, formalized in the forms provided for it by the Virtual Room or by any other electronic means or telematic This service is free. The lots will be awarded at the lowest price allowed by other bids and reserve figures, if they had been established.
If more than one written offer is received for the same lot, for the same amount, priority will be recognized, for the purposes of its eventual auction auction, to the first offer received by the Virtual Room, according to its date and time of receipt.
The Virtual Room may request references from those who intend to participate for the first time, as bidders, in an auction. In the same way, the Virtual Room may require the winner or purchaser of one or more lots, whenever it deems appropriate, bank references or other guarantees.
AWARD. INTERMEDIATION COMMISSIONS. STORAGE EXPENSES
The lots will be awarded to the highest bidder.
The amount to be paid by the successful tenderer or buyer will increase by 13,5%, carrying, this percentage, including taxes currently in force, and all this in concept of right or brokerage of Patio Ancestral SL for its mediation in the operation trading.
This brokerage, through mediation, of 13,5%, including taxes, may be modified and updated in accordance with the criteria of this Chamber and according to the evolution of the taxes that are in force at any time.
The amounts that correspond to expenses of advice and expertise, of packing, transport and storage of the objects and works, will be satisfied independently to Patio Ancestral SL by the successful tenderer or buyer, or where appropriate, by the assignor / seller.
The awarded lots must be paid by the winner or buyer within a maximum period of seven business days, counting from the date of the auction. As of this date, it will also accrue custody, storage, insurance and surveillance expenses of € 6,00 per lot per day. The expenses of packing, transport and its corresponding insurance will be on the part of the buyer.
Buyers must pay their purchases within 7 business days after the auction. Payment must be made, in euros, by bank-to-bank transfer, or by negotiation with the Board.
In case of default by the buyer, the Chamber reserves the right to cancel the award.
III.- GENERAL CONDITIONS FOR THE SELLER
RIGHTS AND OBLIGATIONS
The transferor-seller is responsible for the fact that the assigned assets are his property or, where appropriate, guarantees that he is validly authorized by the rightful owner to dispose of them, free of charges, claims and other encumbrances, obliging him to prove it in case That was necessary.
The assignor-seller grants the rights to Patio Ancestral SL (Figaro Auctions), which will act as a mediator, to sell through its website the goods that the assignor-seller entrusts and relates to in the document “Receipt for sale at auction " You agree not to assign the sales rights to any other person, company, auction or website while these rights are assigned to Figaro Auctions.
The assignor-seller must supply to Figaro Auctions the maximum of relevant information, either at a technical or commercial level, of the pieces included in the auction. Any inaccuracy about the actual data of the piece, will allow Figaro Auctions so that the auction lot can be withdrawn immediately.
Figaro Auctions is a company authorized to mediate the sale of the related goods, which means that, previously, the seller must assume the truth and authenticity of the piece, without any responsibility for Figaro Auctions.
The seller, when assigning an object, and Figaro Auctions will establish by common agreement the minimum sale price for it. Below this price, Figaro Auctions may not sell the piece unless there is express authorization from the assignor-seller.
Figaro auctions will not accept lots whose price is estimated below € 100.
The transferor grants rights to Figaro Online Auctions to photograph, exhibit and reproduce graphically, both in print and through electronic means, the related assets in the assignment cession for auction, in which it is considered best way to make its sale.
Likewise, the transferor grants rights to Patio Ancestral SL, so that these images are used for advertising purposes.
The lots entered into the auction cannot be withdrawn in any case by the assignor-seller, unilaterally, prior to the date of the auction. If it were the case that Figaro Auctions agreed to the withdrawal for extraordinary reasons or that the assignor-seller could not deliver the work once sold at auction, he must pay Patio Ancestral SL, 30% commission on the estimate of the piece .
Once the sale is made, Patio Ancestral SL (Figaro Auctions) will deduct for commission, for the purchase-sale management, the percentage agreed with the seller, taxed with the corresponding VAT. This percentage will be at least 13,5%, including taxes currently in force, and may be modified and updated in accordance with the criteria of this Chamber and according to the evolution of the taxes that are in force at any time.
The amounts corresponding to advisory and expert expenses, packaging, transport and insurance, and storage of objects and works, will be paid independently to Patio Ancestral SL by the successful tenderer or buyer, or, where appropriate, by the transferor. seller.
The works sold by authors subject to Law 22/87 on Intellectual Property, will be deducted from the tax established by said law and which, as it indicates, is paid by the seller. Transportation costs and insurance, from the seller's domicile to Figaro Auctions will be borne by the assignor-seller.
The seller will not have to pay more expenses than those expressed in the previous section, since those corresponding to cataloging, photography, storage and advertising, will be borne by Figaro Auctions. Only if, after mutual agreement, restoration, cleaning, framing, etc. are carried out. of the object, or to consultations with experts that involve a disbursement, these expenses will be paid exclusively by the assignor-seller, who must pay them regardless of whether the object is sold or not.
In the event that the assignor-seller leaves his goods in physical deposit at the facilities of Figaro Auctions, after thirty days from the conclusion of the auction, the lots not sold and that have not been withdrawn by the owner, unless otherwise agreed Figaro auctions, will accrue storage costs of € 6,00 per day per lot.
The liquidation of the auctioned and sold lots will be carried out within 30 days after the date of auction of the piece, as long as these have been liquidated by the buyer.
In the event of non-payment by the successful tenderer or purchaser, Patio Ancestral SL (Figaro Auctions) will make all the efforts at its disposal in order to obtain payment of the outstanding amounts and will inform the assignor-seller of this fact. If these fail, the seller may choose to return the lot to auction, sell it to the previous bidder or to initiate the procedures prior to the legal action, conferring its representation to Figaro Auctions and its lawyers to file the pertinent legal claim. The expenses and supplies that may arise from these legal actions will be borne by the assignor-seller.
In case of defects, imperfections or errors in the cataloging that have been omitted or hidden, the piece will be returned to the assignor-seller and the sale will be canceled. The seller must fully return the amount to Patio Ancestral SL in the event that the piece has already been liquidated and pay the costs incurred, administrative or transport.
The seller-depositor must comply with the provisions of the Heritage Law, the General Tax Law and the Intellectual Property Law.
The operations in which Figaro Auctions intervenes are subject to the provisions of Spanish Law and, more specifically, to the stipulations that regulate mediation and deposit agreements.
All these conditions are included in a contract that the assignor-seller must sign at the time of starting the process of selling a piece in Figaro Auctions.
Figaro Auctions reserves the right to modify or change these conditions of sale, without prior notice.
HOW TO SELL
Contact Figaro Auctions by email, telephone or visit us, by appointment, in our Room (See access map to Figaro Auction offices).
Send us images with the maximum possible information so that we can give you an assessment.
The piece will be exhibited for approximately 15 days, in the virtual exhibition with a complete cataloging and, during this period, users of Figaro Auctions will be able to place their bids until the closing date and time of the auction.
Auctions Figaro will liquidate the piece, discounting our commission, in approximately one month, from the day of payment of the lot by the buyer.
