GENÍS CIRERA (Badalona, 1890-Barcelona, 1970). Jarrón en vidrio con decoración esmaltada, 28 cm.

GENERAL CONDITIONS:

Sala de Ventas Barcelona is a Saleroom, whose purpose is to sell goods, artworks, and works of a similar nature entrusted to them for this purpose, on voluntary auction, acting as an agent between the Owner-Seller and any potential Buyer.

BUYING AND SELLING GENERAL CONDITIONS


1. SALA DE VENTAS’ RIGHTS AND OBLIGATIONS

A. Lots for auction will be included in a catalogue, and will be exhibited for seven to ten days prior to the auction to offer potential Buyers the chance to examine them. Any person willing to bid in the Auction will be able, during this period, to check, by themselves or helped by as many experts as they may deem necessary, the attribution, authenticity, period, condition and details about the Lots.

B. Works of art and objects will be auctioned AS IS. Sala de Ventas Barcelona will not accept any complaint about any restoration or imperfection even if they were not registered on the catalogue or were undetectable on the photographs or any means chosen for display. The exhibition of the Lots before the auction is intended to be an opportunity to examine the objects or works of art.

C. Lots description and information on the catalogue about authorship, authenticity, age and state of preservation are made after a thorough examination by the staff of Sala de Ventas Barcelona, but no liability is accepted for its accuracy. Any statement by Sala de Ventas Barcelona or their staff in a catalogue or outside it, even verbal statements on authorship, attribution, origin, date, age, background, state of preservation or selling estimation are considered solely an opinion, and thus non-bidding. Sala de Ventas Barcelona takes no responsibility on the accuracy of such opinions and will not admit any liability.

D. Indication on functioning on a clock or watch means that it works or that it has all the pieces that will allow it to work after repair work. In no event shall Sala de Ventas Barcelona be liable to damage caused on picture frame glasses and frameworks.

All weights and measures on gemstone are approximate, as it is impossible to exactly measure pieces due to setting or design of the jewel. Colour and clarity of mounted diamonds will only be indicated as a mere orientation, as they can only be properly assessed once removed from the setting.

Likewise, measures for furniture and objects that appear in the catalogue are as accurate as possible, but as every piece has its own formal characteristics, they must be considered approximate.


E. Sala de Ventas Barcelona, their staff and agents shall not be held liable for damages or loss of goods caused by:
• Third parties acting with the agreement of the Seller.
• Conditions or defects inherent in the goods. Changes on humidity or temperature, or improper handling.
• War, nuclear radiation or radioactive contamination, floods or any other natural phenomenon.

F. Sala de Ventas Barcelona reserves the right to refuse admission of individuals to their premises or rooms and, likewise, reserves the right to prevent certain person or group of persons to attend any of their auctions. Sala de Ventas Barcelona has discretionary authority to apply these rights.

G. Sala de Ventas Barcelona reserves the right at its sole discretion and without stating a reason to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot from a Sale and, in the event of disagreement, to put them for auction again.

H. Sales operations will be held at the registered offices of Sala de Ventas Barcelona, c/ Rosselló, 229 (08008, Barcelona). Any dispute relating to this Terms and Conditions will be settled at the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction to which they may be entitled.

I. All transactions by Sala de Ventas Barcelona, regarding its legal qualifications and consequent effects, shall be subject to provisions of the Spanish Law, and specifically to regulations on mediation contracts and escrow contracts. Participating in this Auction, whether it is as a Seller, Buyer, Bidder, or even as a spectator, mean full acceptance of these Terms and Conditions.



2. BUYER’S AGREEMENT

A. Buyers must present a valid ID document the first time they want to enter an Auction (ID card, Tax Number Identification, or Passport). A copy should be sent to Sala de Ventas Barcelona by fax or e-mail. Sala de Ventas Barcelona reserves the right to ask potential bidder’s references, as well as bank references or any other guarantees for successful bidders. Personal information provided while registering as a Bidder will appear in the invoice and cannot be modified without a justified cause.

Sala de Ventas Barcelona will not accept bids from clients nor knock down Lots to clients whose solvency is not properly proven or who have previously incurred in payment delays.

B. The Buyer will be the Bidder who makes the highest Bid acceptable to the Auctioneer for any Lot to whom the Lot is knocked down by the Auctioneer by the fall of the Auctioneer’s hammer. In addition to the hammer price, the Buyer will have to pay a Buyer’s Premium of 17%, and VAT. Disputes on this subject will be settled by the Auctioneer in his absolute discretion, according to the Terms and Conditions.

C. During the exhibition days previous to the Auction, Sala de Ventas Barcelona will provide potential Bidders with Bidding Forms, also included in the catalogue, so to ease purchasing Lots without being present during the Auction. These Bidding Forms can be submitted in person, by mail or fax, always stating the limit price of the bid (Buyer’s Premium not included) for each Lot for which you wish Sala de Ventas Barcelona to bid on your behalf, along with all required personal details (name, surname, address, postcode, telephone, tax ID number, and signature). Sala de Ventas Barcelona reserves the right to reject bids if the required information is not complete or if it is demonstrably untrue. The saleroom will not admit PO Boxes as addresses.

Lots will be knocked down at the lowest possible price subject to other bids made on the Lots. If two or more Bidders submit identical bids for a Lot, the first bid received takes preference. If there’s a tie between a telephone/paddle Bid and an Absentee Bid, the absentee will prevail.

Requests for telephone Bids will be accepted only under the sole responsibility of the requester, and they must be confirmed before the Sale takes place by letter, telegram or fax. No telephone Bids will be accepted from persons who have not been previously identified. Requesting a telephone call to Bid for a Lot implies that you are bidding for the opening bid on the Lot and, if the opening bid has been already met, you’ll Bid for the next increment.
Neither Sala de Ventas Barcelona nor their staff or agents will be responsible for negligence or default for bidding on your behalf or for not being able to bid, or for telephone failure.

D. All the sums payable to Sala de Ventas Barcelona by the Buyer (Buyer’s Premium) are subject to VAT.

E. Buyers will receive a notification including knocked down Lots and total sum of the purchase. Buyers must pay for knocked down Lots within 10 calendar days after the date of the Sale. Buyers will have to pay the Hammer Price and the Buyer’s Premium (17%) plus VAT and any other associated expenses.

Payments can be done by bank transfer, bank deposit, cash or bank cheque. Note that there is a limit on cash payments for invoices equal or higher than 2500 Euros in accordance to Law
7/2012 of 29 October.

If the Buyer fails to pay for the Lots after the term of payment, Sala de Ventas Barcelona will take all necessary steps to secure payment and will inform the Seller, who will entitle Sala de Ventas Barcelona to take legal proceedings against the Buyer to enforce the contract or to resell the Lot by Auction. If the Buyer doesn’t pay the whole price of the transaction he will have to pay all commissions, expenses or insurances over the Hammer Price to Sala de Ventas Barcelona. Payment delays will incur interests at a 1.5% monthly rate based on outstanding charges, prorated by days and calculated from the day the Auction took place to the day that the payment is made.

F. Collection of Lots will only be allowed once Sala de Ventas Barcelona has received cleared funds to the amount of the full purchase price, Buyer’s Premium, VAT and all of the sums owed by the Buyer and once all legal procedures regarding artworks subject to the Spanish Heritage Law 16/85 of 25 June.

From this moment the Buyer will have to collect the Lots within 10 calendar days, and during Sala de Ventas Barcelona opening hours.

After this period, Sala de Ventas Barcelona can take away the Lots for storage under the Buyer’s responsibility. The Buyer will have to pay storage fees at our current daily rates: 5 € (10€ for furniture) plus VAT per Lot. The Buyer allows the saleroom to retain the Lot(s) until all expenses subject to this contract have been paid. The Buyer shall be held responsible for damages on the Lots during storage.

Buyers who want to collect their Lots after the Sale has ended will be able to do so provided they pay the whole sum in cash (note the legal limitations mentioned above). Lots won’t be delivered during an ongoing Sale.


G. Amounts to be billed to the Buyer don’t include transport (that will be at the Buyer’s risk and should be insured), special packing or additional insurance. This service can be provided under request and will be invoiced independently of the purchase invoice. Sala de Ventas Barcelona accepts no responsibility for damages during transport (partial or total breaking, loss or damage) once outside their premises.

Packing prices vary from 5 to 35 Euros depending on size and difficulty (kindly ask for prices).

H. Packing and handling purchased Lots by the staff of Sala de Ventas Barcelona is a mere courtesy to our clients and, in the case of fragile goods it is at our sole discretion. Sala de Ventas Barcelona shall not be held responsible for damages to glasses and frameworks, regardless to their cause. Sala de Ventas Barcelona can recommend packing and/or transport companies but accepts no responsibility over errors and omissions by such companies.

I. The Buyer will be responsible of loss or damage caused to the purchased Lot(s) once these have been paid (regardless of whether they have been removed from the premises of Sala de Ventas Barcelona or not). Neither Sala de Ventas Barcelona nor their staff or agents shall be held responsible for damage, injury or loss caused to the objects, either because of floods, fire, theft, etc.

J. Many Lots included in our Auctions require prior express permission of the Administration of the State to leave Spanish territory. All works of art whose destination is an EU country are free of export taxes. Buyers who wish to send their purchases outside the Spanish territory and need prior express permission of the Administration will have to request such permission in due legal form and requirements established by the Law. If permission is requested, it will imply for any purpose an irrevocable sales offer to the Spanish State, which will be entitled to exercise its right.

K. In compliance with the Law 16/85 of Spanish Historical Heritage, and supplementary standards, Sala de Ventas Barcelona will inform the Generalitat de Catalunya and the Ministry for Culture about the content of their catalogues in due time. On any goods subjected to the Law 16/85, the Administration has the right of first refusal when a Sale is settled by auction. A Ministry for Culture representative can attend the auction and, once the hammer price is settled, declare that the State wants to make use of its right. The sale of the good will then fall into abeyance. When a Sale is settled by any other means the State can exercise the rights of first refusal and pre-emption, within the statutory time limits, from the date of notification of the Sale or, in the absence of such notification, from the moment the Administration has reliable knowledge of the Sale.



3. SELLERS’ AGREEMENT

A. The Seller must present a proof of identity with a valid ID card or Passport. If the owner of the Lot is different from the Seller, it must be properly identified also. For this reason, you’ll be asked to submit a copy of your ID or tax identification number the first time you enter into a contract with Sala de Ventas Barcelona.

B. The Seller gives Sala de Ventas Barcelona the right to photograph and copy all goods to sell, in any medium or moment, whether related to the Auction or not. If copying entails payment of copyright fees, these will be subtracted from the Sales Proceeds.

C. Right of access to the catalogue: The Seller must pay a 10€ plus VAT fee for each Lot that has been sold as rights to appear in the catalogue. The fee will be deducted from the Sales Proceeds.

D. The Lots shall be handed over to the auction house in due time to properly display and advertise them. If you fail to deliver the Lots on time, Sala de Ventas Barcelona will be relieved of the obligation to add the Lot to the advertising platform for the Sale.

E. Our team of experts, after examining each Lot and in accordance with the Seller, will establish an opening bid at which the Lot may be sold. This price will be written down in the delivery note for the Lots to sell. The estimation of an opening bid does not compromise the actual value of the Lots nor guarantees a Hammer Price on that amount.

F. The saleroom is committed to publicize the Sale by the means of promotion and platforms it deems more suitable. The promotion will be at the discretion of the professionals chosen by the auction house. SALA DE VENTAS BARCELONA will place the Lots for display in the exhibition halls, where they’ll be displayed until the following Sale.

G. Objects assigned to Sala de Ventas Barcelona for sale are not insured. The Seller will bear the risk of loss (robbery, theft, loss, damage, flood, fire, etc.). However, Sala de Ventas Barcelona provides the Sellers with an insurance policy for the Lots. The amount of the policy must be accepted in writing prior to the Sale, and it will be invoiced separately when distributing the Sale Proceeds.

H. The auction house won’t cover any expenses for transport, restoration, cleaning, framing, certifying, etc. In the event of such expenses, the Seller shall pay them.

I. The Seller shall hold the auction house harmless from any claims, and is obliged to reimburse the price of any purchased Lot if, within 15 days from the Sale, the Buyer notifies the saleroom in writing that the Lot is a forgery and offers reliable proof.

J. The Seller authorises Sala de Ventas Barcelona to charge the Hammer Price to the Buyer of the Lot(s). Once the Lots are knocked down and the saleroom has received cleared funds, Sala de Ventas Barcelona will distribute the Sales Proceeds to the Seller within 30 days, deducting the saleroom commission, the rights of access to the catalogue and associated expenses that may apply. The commission is a 17% of the Hammer Price plus taxes. The payment term can be delayed if the Lot is subject to the Law of Spanish Historical Heritage or to any Regional Laws. In this event, the Sales Proceeds will be paid within 5 days after the export license is issued. Artworks by authors subject to Law 22/87 on Intellectual Property are subject to special tax; Sala de Ventas Barcelona will subtract the amount in order to pay for it. August shall be considered a nonworking month for all intents and purposes.

K. The Seller shall not withdraw the Lots on custody until after the date of the Sale, and when the Sale has been declared deserted. If the Seller of a Lot withdraws it after it has been put on display, he/she will have to pay both the Buyer’s Premium and the Seller’s Commission of the opening price, as an agreed compensation. These amounts are subject to VAT.

L. Direct sale and storage: Unsold Lots will be held for direct sale for two weeks after the auction, at the opening price, unless otherwise specified by the Owner.

The Seller shall remove unsold Lots during opening hours of the saleroom and within five calendar days after the Sale, or from the following day after the direct sale period.

After this period the Seller will have to pay a daily storage fee per Lot of 5 Euros (10€ for furniture) plus VAT. The Seller authorises the saleroom to retain the Lot(s) until all expenses due to Sala de Ventas Barcelona have been paid.

If the amount owed for storage is higher than the opening price for the Lot, then the property will pass to Sala de Ventas Barcelona, and the Seller will have no right to claim compensation. However, the Seller can submit a writing request for not applying this rule to particular works or Lots.

The Seller shall assume responsibility for loss or damage of stored objects.

M. After a reasonable period of 15 working days after the date that the Seller had to remove the Lot(s) or if the Seller failed to pay the storage fee, and without prejudice of any other decision made by the saleroom regarding future collaboration, Sala de Ventas Barcelona has the power to put the Lot(s) for sale. The sale price will be equal to 60% of the opening price for the auction and, ultimately, if the Lot is not sold and the amount owed for storage is higher than the opening price, property of the Lot will pass to the saleroom, and the Seller will have no right to claim compensation unless otherwise agreed in writing.

N. If a Lot has been knocked down to the highest bid but the Buyer fails to pay in due term and all conditions offered to the purchaser are met, the saleroom will consider the Sale null and void, and will have the right to withdraw the Lot and place it at the storage rooms of Sala de Ventas Barcelona. From the moment the saleroom notifies the Seller this situation, and unless otherwise notified in writing, sections M and L of these Terms and Conditions will apply (direct sale, storage, recollection).

O. Under no circumstances should the Seller take part in the Sale as a Buyer for Lots of his/her property. If you, as Seller contravene this prohibition and a Lot is knocked down to you, you will have to pay all associated commissions, both the Buyer’s Premium and the Seller’s Commission.

P. The Seller shall be held responsible by third parties for the authenticity of the Lot(s), as well as its full title, and shall hold Sala de Ventas Barcelona harmless of any claim. The Seller guarantees full ownership and that the Lots are free of charges, encumbrances and third party claims.

Q. The Seller undertakes to comply with the Heritage Law, the General Taxation Law, and the Intellectual Property Law, which establishes the right for the artists and their heirs, until 60 years after the 1st of January following the death of the artist, to receive from the Seller a 4% of the amount of the Sale if the Hammer Price is higher than 1,200 Euros.

The Seller accepts the payment terms established by the Heritage Law in the event of the State exercising its right of first refusal on a Lot.

R. The signing parties submit to the jurisdiction of the courts of Barcelona.

Bidding increments:
From 10 to 100 bids will increase 10 Euros.
From 101 to 500 bids will increase 20 Euros.
From 501 to 1.000 bids will increase 50 Euros.
From 1,001 to 2.000 bids will increase 100 Euros.
From 2,001 to 5.000 bids will increase 200 Euros.
From 5,001 to 10.000 bids will increase 500 Euros.
From 10,001 to 20.000 bids will increase 1,000 Euros.
From 20,001 to 50.000 bids will increase 2,000 Euros.
From 50,001 to 100.000 bids will increase 5,000 Euros.
From 101,000 on, bids will increase at the Auctioneer’s discretion.


ABSENTEE BIDDING: ABSENTEE BIDDING ABIDES TO THESE GENERAL CONDITIONS; SPECIFIC CONSIDERATIONS ON DESCRIPTIONS AND STATE OF PRESERVATION OF THE OBJECTS.

Absentee bidders, during and after the Auction, submit to these Terms and Conditions, with particular emphasis on the fact that all descriptions and photographs contained in the catalogue and/or the Webpage are only for guidance, and the only valid condition of the object will be as it is during exhibition. We won’t accept complains if the Buyers have failed to examine the condition of the object, or to ask someone to examine it on their behalf during the exhibition period. DON’T HESITATE TO ASK US ABOUT THE CONDITIONS OF THE LOT BEFORE BUYING IT.

COMMISSION CHARGED TO BUYERS: Besides the Purchase price, Buyers must pay a 17% Buyer’s Premium, plus VAT.

BIDDING BY FAX OR VIA THE INTERNET: Sala de Ventas Barcelona can only ensures Bids received at least 24 hours before the Sale. We strongly recommend confirming your Bid by phone.

PAYMENTS:

Banco Popular
IBAN ES 71 0075 1276 07 06 00077874
BIC POPUESMM

Banco Sabadell
IBAN ES56 0081 0200 2500 02746878
BIC BSABESBB

La Caixa
IBAN ES40 2100 2837 2702 10196625
BIC CAIXSEBBXXX

SHIPPING: Sala de Ventas Barcelona is not responsible for packing or shipping. Packing prices varies from 5 to 35 Euros depending on size and difficulty (kindly ask beforehand). ASK FOUR OUR PRICES ON PACKING AND SHIPPING.
DATA PROTECTION POLICY: In accordance with the Organic Law of Personal Data Protection 15/1999 of 13 December, the Client allows SALA DE VENTAS BARCELONA to include personal information in a Clients file to send you commercial information about the objects SALA DE VENTAS BARCELONA offer to their clients and potential clients. You can exercise your rights of access, rectification, or cancellation of your data by regular post at the following address: SALA DE VENTAS BARCELONA, c/ Rosselló, 229 bajos, 08008 Barcelona, or by mail at info@saladeventas.es


Official version and translations
SALAS DE VENTAS BARCELONA may publish this text, translated into different languages. If any dispute concerning the interpretation of this Terms and Conditions agreement might arise, then the Spanish version will always prevail over the translated versions.