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OVERALL RULES AND REGULATIONS FOR THE AUCTION
The Auction Room is a Trading Centre, dedicated to the sale under the hammer, subsequent to a prior voluntary auction, of the goods, artistic objects and items of a similar nature which have been entrusted to it to that end. Consequently, the Auction Room acts as mediator between the owner and/or seller of each lot, acting on behalf of said person, and potential purchasers.
The objects or works of art to be auctioned will be placed on show, at least six days prior to the Sale, in the premises of the Auction House to enable potential buyers to carry out a complete inspection and appraisal of the same. In accordance with international practice, the catalogued objects are sold with all their possible faults and imperfections.
All information contained in the catalogue with reference to the author, the authenticity of the piece, its origin, antiquity, provenance and the condition of the lot, is drawn up by the Auction Room after a thorough examination and the use of expert advice or, on the other hand, using the information provided by the seller. Nevertheless, no responsibility whatsoever is accepted for its accuracy and/or veracity.
The Auction Room reserves the right to reorganise, change or divide the lots, in accordance with its reasoned, expert criterion; it may, in like manner, combine two or more lots, and/or withdraw lots for justifiable reasons.
A. All persons wishing to take part in the Auction should establish their legal status in the Auction Room, by filling in a Buyer's Card and producing an original Identity Document; thereafter, they will be given a "Buyer's Number" which will be their identification throughout the auction.
B. Acceptance of Offers during the Viewing.
All pieces on show are identified by the individual Lot Number and Starting Price.
To make a bid during the viewing period, a "Bidding Card", containing the Buyer's Number and personal details, the lot(s) for which an offer is being made and the price(s) offered for the same, must be completed; said card shall be given to the Room personnel.
On the stipulated day, the Auction Room will proceed with an auction based on the show of hands for all the lots on show, with the exception of any items which have been withdrawn. The lots for which offers have been made will open at the highest recorded price and those for which there has been no activity will begin at their starting price. Any person with a Buyer's Number and present in the Hall may participate in the auction. Ultimately, the lot will be sold to the highest bid received.
The Auction Room reserves the right to act on behalf of those bidders who have made written offers for different lots during the viewing in the course the auction itself.
In the case of disagreement between two or more bidders about the value which has constituted the highest bid, the Chief Auctioneer, at his or her sole discretion, will have the power to adjudicate the lot to whomsoever he/she deems appropriate or to decide to repeat the auction for the lot in dispute, either during the same session or at the next planned auction.
The "knockdown" price (or price under the hammer) will be increased by 21% (VAT included) to cover the auction fees. Internet live bidding will have a 3% increase over the BY. The amounts corresponding to packaging costs, insurance, transport and storage of the objects or works, as accrued after the completion of the Sale, shall be satisfied and covered separately to the Auction Room by the final purchaser. Notwithstanding the above, the sale of a lot shall be abrogated and its price repaid to the buyer, under the auspices of the Auction Room and once the seller has made prior restitution, if the former advises the Auction House, in writing within the ten (10) days following the holding of the auction, that the lot is a deliberate forgery and provides irrefutable proof of the same. The amount the buyer may demand shall be limited to the exact amount paid for the lot and may not be extended to include any damages, losses or costs suffered and/or incurred.
Bids shall be established and/or increased as follows:-
From 5€ up to 100€ 5€
from 101€ up to 250€ 10€
from 251€ up to 500€ 25€
from 501€ up to 1,000€ 50€
from 1,001€ up to 3,000€ 100€
from 3,001€ up to 5,000€ 250€
from 5,001€ up to 10,000€ 500€
from 10,001€ up to 25,000€ 1,000€
from 25,001€ up to 50,000€ 2,500€
50,001 € and over as determined by the auctioneer.
The acceptance of offers made by telephone, e-mail, fax and in writing will close at 13:30 h. on the day of the Auction.
The Room may make bids, making them public in the act and depending on the circumstances of each auction, using the offers from bidders made by telephone, e-mail, fax and in writing.
All lots will be sold at the lowest price permissible, depending on the value of the other bids. If more than one offer showing the same value is received in writing for a specific lot, it will be adjudicated to the first offer received by the Auction House.
Sold lots must be paid for and taken away by the buyer within a maximum of five (5) days from the celebration of the auction, with all transport, storage and insurance costs being for the account of the buyer.
Should any dispute arise between any of the parties during and/or after the celebration of the auction, the depositor/seller, the buyer/purchaser and the Auction Room itself shall be subject to the jurisdiction of the Courts and Tribunals in Barcelona, thereby renouncing any other jurisdiction to which they may be entitled.
In respect of the legal rights and subsequent effects of the operations in which the Auction Room participates, these shall be subject to the rule of Spanish Law and, more specifically, to the precepts regulating contracts of mediation and of warehousing.
The Auction Room reserves the right of admission to its premises and halls and at the same time reserves the right to bar the entrance of any specific person to any of its auctions. The use of these rights is at the sole discretion of the Auction Room.
Both the seller and the buyer are obliged to comply with the terms of the Law for Intellectual Property, which establishes the right of the artist/artiste and his/her heirs for a period of 70 years, effective from the 1st of January following the death of the artist/artiste should that be the case, to receive 4% of the value at which the transaction has been closed from the buyer, always assuming that the price under the hammer has been in excess of 1,200 Euros. The Auction Room, with a view to ensuring compliance with said obligations, will execute the corresponding retention from the buyer's funds and will satisfy the rights of the artist/artiste, his/her heirs or accredited representatives. Should any dispute arise between any of the parties during and/or after the celebration of the auction in this specific respect, the depositor/seller, the buyer/purchaser and the Auction Room itself, shall be subject to the jurisdiction of the Courts and Tribunals in Barcelona, thereby renouncing any other jurisdiction to which they may be entitled. In respect of the legal rights and subsequent effects of the operations in which the Auction Room participates, these shall be subject to the rule of Spanish Law and, more specifically, to the precepts regulating contracts of mediation and of warehousing.
Terminology used in the catalogue:-
Circa: approximately the year stated;
Style: corresponding to the Style mentioned, not to the Period;
Period: corresponding to the Period mentioned;
Period y Style: corresponding the Period of the Style mentioned;
Bid: "Bid" is understood to mean each additional increase, based on the different offers, which affects the price of the lot which is being auctioned. Bids will be based on the starting price.
Bidder: any person who offers a price for a piece at auction.
Sale: transfer of the property in a lot or lots by means of a bid at auction to a bidder/buyer.
Participation in the auctions organised by Bonanova Auctions implies the acceptance of the above mentioned Terms and Conditions.
Sold lots must be paid for and taken away by the buyer within a maximum of five (5) days from the celebration of the auction, with all transport, storage and insurance costs being for the account of the buyer. Bonanova allows wire transfers, direct payments on the premises and credit card payments.
Taxes are included on the 21% BY, live bidding fees are 3% plus vat -if applicable-
Terms & Conditions of Sale
The lots listed in this catalog will be offered by Artistic Holdings Company as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
High and low estimates are provided solely for comparison purposes and Artistic Holdings Company makes no warranties of any kind relating to them.
Artistic Holdings Company believes, to the best of its knowledge, that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. Artistic Holdings Company makes no warranties of any kind related to the information presented in any listing. Artistic Holdings Company further makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain, please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. Photos and other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot.
All property is sold "as is", and neither the auctioneer nor any consignor makes any warranties or representation of any kind or nature with respect to the property, and in no event shall they be responsible for the correctness, nor deemed to have made any representation or warranty, or description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or an assumption of liability.
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. We reserve the right to withdraw any property before and during the sale, as well as reserve the right to group one or more lots into one or more selling lots, or to subdivide into two or more selling lots. Artistic Holdings Company shall have no liability whatsoever for such withdrawal, addition or amendment.
We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids
Artistic Holdings Company is in the business of locating items for sale, listing them for sale, selling them and shipping them. Artistic Holdings Company is not in the business of collecting delinquent accounts receivable. Artistic Holdings Company finds the need to do so unpleasant and a gross waste of its resources. Therefore, in fairness to Artistic Holdings Company and the many Bidders who do follow the agreed upon terms and conditions, violating Bidders are required to pay the following charges for forcing Artistic Holdings Company to spend valuable time and effort on collecting the delinquent Bidder's account and taking time away from listing items for sale and related functions.
Artistic Holdings Company' relationship with bidders is simple and straight-forward: Artistic Holdings Company finds, Artistic Holdings Company lists, Artistic Holdings Company sells, Bidder signs up, Bidder bids, Bidder wins, Bidder pays, Artistic Holdings Company ships. Artistic Holdings Company does not wish to collect any of the fees stated below. However, when a Bidder unilaterally violates the terms and conditions by not paying as agreed, and forces Artistic Holdings Company outside of the simple equation stated above, using valuable time and effort for non-income producing purposes, the following charges shall be vigorously applied and collected. By signing up to bid and by bidding, bidder agrees not to violate the payment provisions of these General Terms and Conditions.
Payments Include Wire Transfer, PayPal, and All Major Credit Cards. 20% Restocking fee applies to merchandise rejected by the buyer due to reasons other than misrepresentation by Artistic Holdings Company.
All residents of Nevada are subject to a Nevada State Sales Tax rate of 8.1% unless a valid NV State sales tax exemption certificate is presented before the sale. The rate will be applied to the buyer's premium as well. A Buyer's premium amounting to 12% of the winning bid amount will be added to the purchase price of each lot.
All sales are final. No lots are sold on approval. Placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. Artistic Holdings Company is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of Artistic Holdings Company and are in Artistic Holdings Company's sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 3 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in Artistic Holdings Company' sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused. Delivery refusal of items shipped by Artistic Holdings Company to the bidder constitutes an unauthorized return in direct violation of these general terms and conditions.
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, misdelivered or lost prior to delivery, Artistic Holdings Company shall not be liable for any amount in excess of that paid by the purchaser.
In the event that a bidder does not respond to Artistic Holdings Company' request for payment or does not fulfill complete payment within three business days, a second attempt for payment will be sent. A final invoice will be sent soon thereafter and if payment in full is not received the account will be reported to Live Auctioneers as a non-responsive bidder and the Bidder will not be able to participate in any further auctions.
Shipping will be handled in-house for most lots. This is in an effort to maintain the lowest shipping and handling cost for our buyers. We provide handling, packing and shipping services solely as a convenience for our Bidders. Because Bidders most often opt for these services, we include an estimated amount in the auction invoice
Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, FedEx, UPS, or other shipping enterprise for delivery and/or packing. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process (if insurance was available) or the carrier and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of Artistic Holdings Company. Artistic Holdings Company is not responsible to any loss resulting from items being shipped to an alternate address or recipient provided by Bidder.
We ship primarily by FedEx, Ground or USPS priority mail within a commercially reasonable time following credit of the Bidders payment to our account. On average, a Bidder may expect to receive their items within 2 weeks from payment clearing, however, now and then there may be a delay in delivery. The actual cost of shipping, insurance, registry and confirmation services is charged to the Bidder, as well as a packing/handling fee not to exceed $5 per item to defray the cost of labor and supplies involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. Under special circumstances, Artistic Holdings Company may ship items using USPS Express Mail, private carriers or pack and ship enterprises, the cost of which shall be charged to the Bidder. Artistic Holdings Company will not entertain shipment using lower classes of mail due to the increased risk of loss. Requests of earlier shipment or special handling may be accommodated on a limited basis at Artistic Holdings Company' sole discretion and ability and may incur additional handling charges. All costs charged to a Bidder's original invoice are estimates and Artistic Holdings Company reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. Artistic Holdings Company may, at its sole discretion, combine the shipment of items from multiple auctions over a 7-day period to reduce shipping costs.
Shipments to Alaska, US Territories and Foreign Countries - Shipping and handling charges to these locations are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers. Artistic Holdings Company will ship items to foreign locations using the same classes of mail and additional postal services that it uses to ship to US locations, to the extent that such services are available, and, insurance coverage may be limited or unavailable. In Artistic Holdings Company' sole discretion USPS shipments to foreign locations shall utilize registered mail and Bidder shall pay for the costs thereof. It is the foreign bidder's obligation to be aware of and instruct Artistic Holdings Company regarding any special taxes or fees applicable to their particular circumstances.
No items will be shipped to any Bidder for any particular auction until all charges for the auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Bidder for any particular auction if the Bidder has any balances with Artistic Holdings Company from other auctions which are not in compliance with the provisions of payment above, until such balances are paid in full and all funds have cleared. Artistic Holdings Company may, at its sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
In consideration of Artistic Holdings Company' approval of a Bidder to bid in any sale, Bidder permits Artistic Holdings Company to add Bidder to Artistic Holdings Company' mailing list. Artistic Holdings Company will send information to Bidder relating to Artistic Holdings Company' activities and will not provide Bidders mailing information to third parties except as necessary to provide information to Bidder relating to Artistic Holdings Company' activities. Bidder may freely opt out of mailings at any time by following the instructions in any mailing and Bidder agrees that any mailings from Artistic Holdings Company or third parties providing information relating to Artistic Holdings Company are not spam.
Any and all of the conditions may be waived or modified in the sole discretion of Artistic Holdings Company.
The "knockdown" price (or price under the hammer) will be increased by 21% (VAT included) to cover the auction fees. Internet live bidding will have a 3% increase over the BY.
The amounts corresponding to packaging costs, insurance, transport and storage of the objects or works, as accrued after the completion of the Sale, shall be satisfied and covered separately to the Auction Room by the final purchaser. Notwithstanding the above, the sale of a lot shall be abrogated and its price repaid to the buyer, under the auspices of the Auction Room and once the seller has made prior restitution, if the former advises the Auction House, in writing within the ten (10) days following the holding of the auction, that the lot is a deliberate forgery and provides irrefutable proof of the same. The amount the buyer may demand shall be limited to the exact amount paid for the lot and may not be extended to include any damages, losses or costs suffered and/or incurred.