Terms and conditions

Conditions for buying and selling

I. Derechos y obligaciones de Arce Subastas

A) .- The lots deposited for auction will be included in a catalogue and exhibited for seven to ten days before the auction, to enable potential buyers to view and examine them in detail.

B) .- The works of art and objects will be auctioned in the state in which they are found and Arce Subastas does not accept any complaints regarding repairs or damage even if these details have not been included in the catalogue. The pre-auction exhibition of lots is intended to allow examination of objects or works to be auctioned.

C) .- The descriptions of the lots and the information contained in the catalogue regarding authorship, authenticity, age and condition, are based on an exhaustive study by Arce Subastas team, but no responsibility for the accuracy of this information is taken. Any expression of Arce Subastas or its employees in a catalogue, outside it or even verbally, regarding the authorship, attribution, authenticity, origin, date, age, provenance, condition or estimated selling price, are only declarations of opinion. As is customary international law, Arce Subastas responsible for the veracity of these views and do not accept any liability as a result of them.

D) .- The statement, in working order, referred to a clock means it runs or contains all the pieces that allow it to run with a repair. In no event shall Maple Auctions liable for damage caused to windows and picture frames.

E) .- Arce Subastas, its employees and agents are not liable for damage or loss of goods caused by :
- Third parties acting with the consent of the depositor-seller.
- Conditions or flaws inherent in the property.
- Changes in humidity or temperature, or errors in handling.
- War, nuclear radiation or radioactive contamination, flood or any other natural phenomenon.

F) .- Arce Subastas reserves the right to refuse admission to its premises or facilities, and also reserves the right to refuse the attendance of a specific people in any of their auctions. Also, the auctioneer has absolute discretional authority to reject any bid.  The use of these rights is at the discretion of Arce Subastas.

G) .- Arce Subastas reserves the right, at their discretion and without explanation, to reject bids, split lots, combine two or more lots, remove one or more lots in the auction and, in cases of disagreement, offer them at auction again.

H) .- These Conditions are governed by and interpreted in accordance with the rules of Spanish Law. The mere act of participating in the auction as seller, buyer or bidder, implies acceptance of these Terms and Conditions.
Sales operations are understood to be held at the registered office of Arce Auctions, c/Santaló 9 , 08021 Barcelona. Any dispute shall be taken to the competent courts of Barcelona, expressly waiving any other jurisdiction, in accordance with Article 55 of the LEC


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II. Relationship with buyers

A) .- The highest bidder will be the buyer and will acquire the object auctioned at the price indicated at the hammer strike; plus the brokerage fees and VAT applicable. Any dispute arising shall be resolved by the Auction Director using his absolute discretion, to award the lot to whom he deems appropriate or by choosing to re-auction the lot at the same session or at the following one.

B) .- During the exhibition days prior to the action, Arce Subastas offers potential buyers written bid sheets, also included in the catalogue, in order to facilitate the acquisition of lots by stakeholders without them having to go to the auction. Such written bids can be delivered by hand or sent by letter or fax, stating in any case the auction price limit (before brokerage) for each lot for which they wish Arce Subastas to bid on their behalf and the necessary personal information (name, address, post code, telephone, fiscal ID number and signature). Bidding is not permitted from post office box addresses.
. Bids can also be made by e-mail (pujas@arcesubastas.com), by filling in the Bid Submission form available on our website www.arcesubastas.com. Auction room staff will confirm these bids by telephone; they are not valid without this prerequisite.
The lots will be awarded to the lowest price permitted by the other bids. In case of a tie amongst written bids, the one with the earliest date will win. If the tie is between telephone bid and a bid from the auction room, priority will be given to the written bid.
. Telephone bids or requests for telephone bidding will only be accepted only under the responsibility of the applicant and subject to confirmation, prior to the auction, by letter, telegram or fax. The mere act of requesting a phone call to bid live for a lot implies bidding for the starting price and, if this has been bid, covering the first bid above that price.
Neither Arce Subastas nor its employees nor its agents will be liable for negligence or any defect in the execution of bids delegated in them, nor for any failure in the telecommunications used make the bids.

C) .- Arce Subastas will charge to the buyer Value Added Tax on the royalties or brokerage for their mediation in the purchase.

D) .- The lots awarded to the buyer are available for collection by the buyer from Arce Auction’s offices for 7 days. The amounts charged to customers do not include transportation (which is always at the risk of the purchaser and should be insured), special packaging for transportation or additional insurance. These services can be provided on request and charged separately on the understanding that Arce Auctions takes no responsibility for any damages that might be suffered by any goods during transport (total or partial breakage, damage, loss, etc.), once they have left the Arce Subastas premises. The buyer will pay the full invoice for the lots assigned, comprising of the sum of the sale price, plus 18% by way of fees and VAT corresponding to the transaction. Buyers who wish to take away the lots awarded may do so withdraw at the end of the auction, whenever possible, by paying the full amount in cash. Lost cannot be handed over before the end of the auction. Lots can be collected during the seven days following the auction and must be removed within 15 days after the auction. After this time, the lots awarded will be sent to a bonded warehouse a the buyer's expense and storage fees charged at five euros per week per object or table and ten euros per week for furniture. Any losses suffered lots in this situation is the responsibility of the buyer. If the bid winner fails to pay the total amount of the transaction for the lot, the buyer shall anyway and always be responsible for paying Arce Subastas the corresponding commissions, and insurance expenses on the hammer price.

E). - The packaging and handling of assigned lots by Arce Subastas staff awarded Auctions is conducted exclusively as a favour to the clients, and in the case of fragile objects is a discretional service and under no circumstances shall Arce Subastas be responsible for any damage to glass or frames, regardless of the cause. Although Arce Subastas can recommend packers and transport companies, no responsibility is taken for any errors and oversights made by them.

F).- When outstanding payments have not been made by the buyer within 15 days following the conclusion of the auction, Arce Subastas will take all reasonable steps within its power to secure payment and report this fact to the seller. The delay in payment by the buyer of assigned lots will result in an increase due to interest charged at a rate of 1.5% per month.

G) .- The Buyer is responsible for any damage or loss that affects objects or lots that have purchased as from the time of the payment (regardless of whether or not the objects have left Arce Subastas premises). Neither Arce Subastas nor its employees or agents be liable for any damage or loss of any kind to suffer such objects, whether by flood, fire, robbery, theft, etc..

H). – In order to leave the Spanish territory, many of the lots included in the auction need explicit prior permission of the State Administration. All works of art with destinations in European Union countries are exempt from export taxes. Those buyers wishing to send their purchases beyond the Spanish territory, and requiring the explicit prior authorization of the Administration will have to request such authorization in the form and the requirements set out in the Regulations of the relevant law. In the case of request for authorization, the request will represent, in effect, an irrevocable offer of sale to the Spanish State, which may be taken up.

I) .- Arce Subastas, in accordance with the Spanish Historical Heritage Law 16/85 of 25 June, will inform the Generalitat de Catalunya and the Ministry of Culture, with the requisite prior notice, of the content of their catalogues. On goods subject to the law 16/85, the Administration may exercise its right of first refusal at the sale at auction, by the appearance of a representative of the Ministry of Culture in the auction, which, once the final hammer price of the property auctioned has been determined, may express the intention to use such right resulting in the suspension of the auction. When the sale is made by other means, the State may exercise its rights of first refusal within the statutory time limits in effect from the date of notified of the proposed sale or, failing such notification, as from the date of the actual knowledge of the sale. If the bidder fails to pay the total amount of the transaction for any lot, they shall always pay Arce Subastas the commissions, and insurance expenses on the hammer price will always correspond to the buyer.


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III. Definition

Arce Subastas is a contracting centre whose objective is to sell by voluntary auction the goods, art objects or other such items deposited for this purpose, acting as mediator between the owner-seller and potential buyers.


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IV. Relaciones comerciales

A) .- The depositor guarantees to Arce Subastas and the buyer that they are the owner of the goods deposited or to be deposited, and has full rights over them, or is validly authorized by the owner to dispose of them, being able to transfer the ownership to these, and also guarantees that the goods are free of pending payments or charges, and there are no claims on them from the authorities.

B).- Following study by the expert committee and valuation, and according with the owner, an opening price will be fixed for the goods presented, and this will be noted on the bill of sale for the items to be auctioned, that amount need not be related to the value of the item. The commission or percentage for Arce Subastas from the sale of these items will also be set, typically 25%.

C) .- The objects deposited with Arce Subastas for auction are not insured, so that any damage suffered (burglary, theft, loss, breakage, flood, fire, etc..) will be at the risk of the seller.
However, Arce Subastas offers an insurance policy for depositor-sellers which can be invoiced at the time of the settlement of the lots sold.

D).- The depositor grants Arce Subastas the right to photograph and reproduce any goods whose sale will be entrusted, in any form and at any time, whether or not associated with the auction. In the event that such reproduction involves the payment of intellectual property rights, the amount of this fee will be deducted from the settlement to the depositor-seller.

E) .- After signing the contract for the sale of items to auction the depositor-seller cannot  unilaterally withdraw any of the pieces of their property transferred to Arce Subastas to be auctioned.
Unsold lots remain exposed for a week after the auction, for direct sales at the asking price, unless the owner gives other instructions explicitly. The unsold lots shall be removed from the premises of Arce Subastas by the depositor-seller within three days following the period of direct sale. From that time on, storage and insurance costs of 5 Euros per week for each object or painting, and 10 euros per week for each piece of furniture will be charged. The depositor-seller assumes all responsibility for any damage to,or loss of, deposited objects.

F) .- The depositor seller authorises Arce Subastas to re-auction unsold lots that have not been removed within the prescribed time period with a starting price 40% lower than that initially established.

G) .- The settlement to the seller of the lots sold at auction will be made after the thirty-fifth day after the auction was held, excluding August (normally paying begins on the first Tuesday of exhibition of the following auction), providing that the payment due for these lots has been made by the buyer. In the case of complaint by the buyer requesting the cancellation of sale due to deliberate misrepresentation, and if Arce Subastas believes that the claim is valid, the seller allows it to cancel the sale and return the buyer amount paid by him by way of purchase of the lot in question.
The depositor-seller will return to Arce Subastas any amount they might have received from this transaction, must pay the corresponding commissions, of both buyer and Seller, to Arce Subastas and will meet this responsibility with all their present and future assets. Once all payments related to the cancelled sale have been received by Arce Subastas, Arce Subastas will return the goods of the lot in question to the depositor-seller.

h) .- In case of theft, loss, damage or any other circumstance that affects a lot and prevents the completion of the sale, either before or after being auctioned, and whatever the hammer price achieved, Arce Subastas will pay the depositor-seller the minimum sale price agreed, less the corresponding commission and sales tax (IVA/VAT).

I) .- Both the seller and the buyer will meet the requirements of the Heritage Act, General Tax Law and Intellectual Property Law, which states the rights of artists and their heirs up to 70 years after the first of January following the death of the artist. Arce Subastas will retain this amount from the sellers payment in order to facilitate the fulfilment of this obligation and will settle the rights with the artist, the heirs or the accredited representatives.

J).- The seller accepts the payment conditions established by the Heritage Act in the case that the State exercises its right of first refusal on a piece.


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Non-prescencial buying

I. Defects

We remind you that the catalogue descriptions are for guidance only. The state in which any item is found to be in during the exhibition is what counts, so we do not accept any complaints after the auction. DO NOT HESITATE TO CONSULT US ABOUT THE STATE OF AN ITEM PRIOR TO THE AUCTION.


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II. Internet y fax

We only confirm the bids received on the day before the auction. For extra security we recommend confirming any offer by telephone.


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III. Payments

BARCLAYS: 0065/1649/19/0001005825
III. SHIPMENTS
ARCE accepts no responsibility for the packaging.
PACKAGE PRICE: from 5 € to 20 € depending on size and complexity (ask in advance)


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Bid range

BARCLAYS: 0065/1649/19/0001005825
III. SHIPMENTS
ARCE accepts no responsibility for the packaging.
PACKAGE PRICE: from 5 € to 20 € depending on size and complexity (ask in advance)


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Buyers room commission

BARCLAYS: 0065/1649/19/0001005825
III. SHIPMENTS
ARCE accepts no responsibility for the packaging.
PACKAGE PRICE: from 5 € to 20 € depending on size and complexity (ask in advance)


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