General Terms and Conditions on auctions in BALCLIS
These auction’s General Terms and Conditions (the “General Conditions”) regulate the access and use of the mediation service (the “Service”) supplied by the company SACLIBA, S.L. (“BALCLIS”) to be able to participate in a public auction sale (the “ Auction/s”) of art objects, collection pieces, antiquities, jewellery and other goods (the “Lot/s”).
The mediation Service between the Lot’s owner (the “Consignor”) and the people interested in acquiring it (the “User/s”) is provided by BALCLIS to Users, both face to face in our own saleroom (the “Saleroom”), and through our website www.balclis.com (the “ Platform”) as a public auction sale.
Henceforth, those Users who make use of the Service only in the Saleroom shall also be referred to as “Present Users” and those who do so by registration on the Platform shall be referred to as “Online Users”.
These General Conditions shall apply equally both to Present Users and Online Users, except for the specifications that are expressly indicated for each of the two types of Users in clauses 20 and 21, respectively, of these General Conditions.
The use of the Service implies full acceptance of these General Conditions. If the User disagrees with all or part of these General Conditions, he/she shall refrain from using this Service.
By means of the acceptance of these General Conditions, the User states:
- That he/she has read and understands what is exposed here.
- That he/she assumes all the obligations contained herein.
- That he/she is a person of legal age and with sufficient capacity to use the Service.
- Holder of the Service
The holder and owner of the Service is BALCLIS, with registered office in Rosselló 227, Bajos, 08008, Barcelona (Spain), with VAT Number B08670408 and registered in the Barcelona Commercial Registry, Volume 35.285, Page 125, Sheet B-58313.
The e-mail address email@example.com is made available to the Users so that they can ask any questions about these General Conditions and about the Auctions.
- Applicable legislation
These General Conditions are subject to the provisions of the Spanish Law 7/1998, of 13 April, on General Contracting Terms; the Consolidated Draft of the General Law for the Protection of Consumers and Users and to other complementary laws, approved by the Spanish Royal Legislative Decree 1/2007, of 16 November; the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the applicable Spanish legislation in this area; the Spanish Act 7/1996, of 15 January, on the Retail Trade Regulations and the Spanish Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
In any event, Users shall be as well subject to any other 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.
- Registration and unsubscribing request
A Registered User can modify his/her data and bid in the Auctions of his/her interest. Additionally, he/she is entitled to have all the information regarding his/her bids, purchases and invoices up to date.
Web / Online:
The Form requests the Users to enter a “username” and a “password” to access “My Balclis Account” on the Platform (the “User Zone”) in order to guarantee their identity and enable them to participate at the Auctions. Users shall bid on their behalf and not disclose their login details, which are personal and non-transferable, to third parties.
Once the form with the information required has been submitted, BALCLIS shall validate the User’s registration and send an email informing that the User can already access and operate the Platform as a Registered User.
If a User is not registered on our web platform, he/she can do so directly at any Balclis headquarters.
- Data protection
- Description of the Service
BALCLIS acts only as an intermediary between the Consignor and the User in relation to the Lots auctioned at Auctions.
All Lots included in Auctions shall be accompanied by a cataloguing and a description, as well as images that allow the User to have a clear idea of the condition and characteristics of that Lot.
The User is informed that, since most Lots auctioned on the Platform are physically located in any of the BALCLIS facilities (the “Facilities”), he/she may personally examine in the Facilities the Lot he/she is interested in. In any case, the time allowed for auctioning each Lot shall not in any case be altered by the User’s face-to-face examination.
Lots shall be assigned to the User who has bid (the “Bidder/s”) and who is the highest bidder at the end of the Auction, provided that all the requirements stated in these General Conditions are met.
BALCLIS reserves the right to: i) request further references to the User in order to check out some of the information provided in the Form; ii) request additional guarantees in order to be able to bid in the Auction and iii) accept or reject bids of any User at an Auction.
The first time a User is accredited/registered to participate in an auction (either on-site or by written, telephone or online bid), he/she shall provide Balclis with his/her DNI or CIF, or send us previously a copy of it at firstname.lastname@example.org.
Once the Auction of a Lot has been completed, the User who, where relevant, has purchased it, shall immediately receive an email from BALCLIS informing that he/she has been assigned the Lot and that the payment shall be settled within the following seven (7) calendar days from the date of the assignment.
Minimum Selling Price: It is the minimum price from which a Lot shall be knocked down at an Auction.
Minimum Bid: It is the amount from which a Lot shall be auctioned at an Auction.
Estimation: It is the price range that BALCLIS specialists suggest as an indicative price for the Lot.
Absentee bid or written bid: BALCLIS may place a bid on behalf of a User up to the maximum amount that he/she has authorized. BALCLIS shall defend the bid without exceeding the amount authorized by this User.
All bids of a User at an Auction that are accepted by BALCLIS are binding and may not be withdrawn.
Consignors are strictly prohibited from bidding themselves or through third parties on their own Lots with the purpose to increase their hammer price instead of with the purpose to purchase them. In the event that this kind of action is detected, BALCLIS reserves the right to immediately cancel that User account, and to withdraw that specific Lot from the Auction.
Web / Online:
When a Registered User wishes to bid at an Auction, BALCLIS shall automatically assign him/her a numeric code or a Paddle Number identifying him/her as a bidder at the Auction and thus protecting his/her anonymity. Web/Online auctions include a countdown in the form of a stopwatch (the “Countdown”), which will indicate the remaining time to participate in the bidding for a Lot. If a bid is made at the last minute of an Auction, the Countdown shall be extended three minutes more to accommodate other possible bids.
Online Users shall also have an option in the Platform to participate in Auctions that are taking place in the Saleroom. This option, enabled in their User Zone on the Platform, shall allow them to remotely follow and, where appropriate, participate in real time, in an Auction held in the Saleroom through a video camera. The only special feature compared with the Auctions regular process on the Platform for Online Users is that those specific Auctions held in the Saleroom shall not be subject to a Countdown, but the time for an Auction shall be determined by the auctioneer in charge of it.
All bids made on the Platform by a User shall be automatically included in the User Zone, where the User can track the history of the Lots he/she has bidden for.
Present Users who wish to bid for a Lot shall request BALCLIS, upon registration at the Saleroom’s reception desk, a paddle with its identification number (the “Paddle Number”), which will enable them to access and bid at the On-site Auction.
In addition, BALCLIS provides a tablet and some chairs in the Facilities to allow Present Users who wish it, to follow, in real time and directly on the Platform, the Auctions that are taking place.
The Auction Director shall be assisted by a Table Secretary, who may bid on behalf of bids received in writing, by telephone or by any other means accepted by the Saleroom. Written bids received prior to the auction shall be defended up to the maximum amount set by the bidder, although lots shall be assigned at the lowest possible price.
The order of the Bids shall be the following:
ORDER OF BIDS
Up to €100 …………………………………. € 5
From € 100 to € 200 ………………………€10
From €200 to €500 ………………………..€25
From € 500 to € 1,000 …………………….€50
From € 1,000 to € 2,000 ………………….€100
From €2,000 to €5,000 ……………………€250
From € 5,000 to € 10,000 ………………..€500
From € 10,000 to € 20,000 ………………€1,000
From €20,000 to €50,000 ………………..€2,500
Over € 50,000 …………………………………€5,000
BALCLIS reserves the right to modify this bidding system in specific cases, and shall inform the User before the beginning of the pertinent Auction.
- Specific conditions regarding identification
Lots’ identifying data —author, origin, antiquity, source and state— are included after an accurate investigation, verification and advice, although BALCLIS does not accept any responsibility for their final accuracy. Appraisal is made according to the most loyal and good understanding.
Those interested shall make up their own opinions regarding the pieces during the days prior to the auction, by using one of the means offered by Balclis:
– Pictures of the lot on the website
– Print catalogue (of live auctions)
– Exhibition before the Live Auction
Any statement or report that appears in an Auction of the Platform, referring to the authorship, attribution, date, age and origin, correspond to the expression of an opinion that is interpreted according to the following terms, using as a model the artist Francisco de Goya y Lucientes:
- a)Francisco de Goya y Lucientes (first and last name)– It means that, in our opinion, it is a genuine artwork of the aforementioned artist.
- b)Goya y Lucientes (last name)– It means that, in our opinion, it is an artwork of the aforementioned artist, even if there are contradictory opinions thereon.
- c)Attributed to Francisco de Goya y Lucientes– It means that we consider that the work probably belongs to the aforementioned artist, but taking into account that there are contradictory opinions by known experts or authorities in the subject matter.
- d) Workshop of Francisco de Goya y Lucientes– It means that, in our opinion, the work was made in the workshop of the aforementioned artist by an unknown artist, not necessarily under his direction.
- e) Circle of Francisco de Goya y Lucientes– It means that, in our opinion, that work was made by an unknown or unidentified artist, but apparently following the aforementioned artist’s school, not necessarily by a disciple of him.
- f) Spanish school, 17th Century (school and date).- It means that, in our opinion, it is a work made by an artist of that nationality or working in Spain and made in the 17th Century, according to the style of that period.
- g)Spanish school (without date).- It means that, in our opinion, the work follows the style of a specified or unspecified Spanish artist, regardless the author’s nationality.
- h) The term “Signed”means that, in our opinion, this is the authentic signature of the artist.
- i) The term “with signature” means that, in our opinion, the signature is made by someone other than the aforementioned artist and without his consent.
- i) The term “Dated”means that, in our opinion, the date was written by the artist.
- j) The term “with date” means that the date was added by someone other than the artist.
If a Lot includes a certificate study or a publication by an independent expert outside BALCLIS, the User shall accept such document and its authenticity as valid.
Lots shall be auctioned in their actual condition, and BALCLIS shall not accept any claims regarding restorations, breakages or other damages, even if they are not included in the catalogue. Users shall examine and study the works whenever they wish, either during the lots exhibition prior to the on-site Auction or in the warehouse’s location, specified in lot’s file in the Balclis website.
All gems measures and weights are approximate, due to the impossibility of exactly measure them because of the jewel’s setting or design. Colour and purity of set diamonds shall be given for guidance only, since they can only be fully determined after disassembly (Article 7, Section 1 of the CIBJO nomenclature). Wristwatches and pocket watches at auction are in running order unless expressly indicated “requires revision”. Likewise, the measures of furniture and objects are as precise as possible; however, due to the formal features of many of them, they must be approximate.
The valid text of the catalogue and the lots files (web), descriptions and status reports of the Lot is that in Spanish, and BALCLIS shall not accept any claims regarding possible errors in translations to other languages.
All items included in BALCLIS auctions containing ivory or coral are accompanied by a Guarantee Certificate issued by the Spanish Federation of Antique Dealers, proving that they were made before 1947.
- Incidents during the Auction
If any connectivity incident related to the Service occurred, it shall be notified as soon as possible to the Users.
BALCLIS, in such cases, reserves the right to extend the timeframe for the Auction affected by this incident, in order to guarantee the access to it by all Users affected or, if so deemed, it may cancel the Auction affected.
In any case, BALCLIS shall not be responsible for incidents, errors or damages caused in the Auctions of the Platform that may arise from technical problems or due to force majeure.
In case of disagreement, during a live auction, between two or more Bidders, about which has been the highest bid in a specific Auction, the Auctioneer shall be entitled to assign the Lot, at his/her sole discretion, to whom he/she deems appropriate or to decide to auction such Lot again during the same session or the next one held immediately after. In written bids, in the event of a tie, the first one received shall prevail, in order of date and time.
In live Auctions, bids received by Users via telephone shall be treated as those made in the Saleroom. BALCLIS may place bids on behalf of absentee bidders and accept telephone bids, but shall not be responsible for any error or omission that may occur during their course. In the event of a telephone bid, the Bidder assumes to offer the amount of the Minimum Bid for that Lot.
After the knocking down of a Lot at an Auction, BALCLIS shall send a proforma invoice to the User who has purchased it. BALCLIS shall be entitled to charge a commission of 18% on the hammer price of the Lot (the “Commission”).
21% VAT shall be added to that Commission.
- Invoice and payment method
BALCLIS will send an email informing about the assignment to the User who has been the highest bidder immediately after the Auction ends.
The User shall pay the amount to BALCLIS within a maximum of seven (7) calendar days after the assignment date. BALCLIS shall have the right to retain the Lot until the amount has been paid by the User.
If the payment for that Lot is not issued within this specified time (7 days), BALCLIS may refuse the purchase due to breach of these General Conditions, thereby losing the Buyer any right over that particular Lot.
How to pay the amount for the purchased Lot:
- a)By credit/debit card through a virtual POS (Point Of Sale) terminal enabled in the Platform for Online Users.
- b)You may also choose a cash payment option, in any of the BALCLIS Facilities. Cash payment shall not exceed the amount of € 2,500, in compliance with the provisions of the Spanish Act 7/2012, of 29 October.
- c)By bank transfer to our Banco Sabadell account:
– Account holder: SACLIBA, S.L.
– Account number: 0081 0200 29 0001068409
– IBAN: ES71 0081 0200 2900 0106 8409
– BIC/SWIFT: BSABESBB
- Period to collect a purchased Lot
The User has a maximum of fifteen (15) calendar days after the end of the auction (the “Deadline for Collection”) to collect the Lot in the Headquarters or anywhere else indicated by BALCLIS.
Following the expiry of the Deadline for Collection, BALCLIS shall apply a penalty of € 5,00 per Lot and day of delay. If the delay in the collection of the Lot exceeds thirty (30) calendar days, BALCLIS additionally reserves the right to urge whatsoever legal or judicial actions that may be applicable.
- Shipping, collection and transport insurance options
Once the payment for the Lot has been made, you can choose among the following shipping options:
- Home delivery: our staff will be pleased to arrange the transport of the Lot. We advise you on the best shipping method (by post or by courier or transport) and we will manage it with the most suitable company for you. Freight costs are always at Users’ expenses.
- Collecting the Lot in person at any Balclis Facility where it is located. You can see the Lot’s location on the product’s file or by asking our Saleroom staff.
- Asking a third person to collect the Lot at any Balclis Facility where it is located. You can see the Lot’s location on the product’s file or by asking our Saleroom staff.
If you choose to collect it yourself, it is important that you organize it as soon as possible because after 15 calendar days from the day after the auction, Balclis charges a storage fee of € 5 per day and lot.
Once the Lot has left the Facilities, BALCLIS is not liable for its condition, so it is the User the sole responsible for any damage that the Lot may suffer during the transportation. However, the User may purchase, through BALCLIS and at his/her own expenses, an insurance to cover any possible damages that the Lot could suffer during its transportation.
- Taxation and export of cultural goods.
All amounts and bids indicated in Auctions for the Lots shall be understood as expressed in Euros, without including the taxes that may be applicable.
Users are informed that purchases of Lots in the Platform are subject to the Spanish Tax on the Transfer of Assets (ITP), being the taxpayer the User who has purchased the Lot.
Export of cultural goods:
Pursuant to the Spanish Act 16/1985, of 25 June, on the Spanish Historical Heritage, some of the Lots included in Auctions require the express prior authorisation of the State Administration in order to leave the Spanish territory and they therefore shall comply with the requirements indicated in that regulation. For exports outside the European Union, customs duties shall be payable by the User.
Users may request BALCLIS to manage the procedures for such necessary authorizations or permits. Management costs and fees to be paid shall be at Users’ expenses. If Users wish to manage the licence themselves, they shall inform Balclis and formalise it by signing a document that will be delivered to them at our Facilities or by email.
Procedures for the export license shall be initiated once the purchase invoice has been paid. No Lot shall be delivered to a User until the Ministry has granted the license. In the event that Users have managed the license themselves, they shall submit the document for the Lot’s withdrawal.
For more information on the export of cultural goods, you may check the conditions on the Ministry of Culture website:
- Intellectual and industrial property
All contents included in the Platform (information, images, designs, logos, software/source code, brands, etc.) are protected by BALCLIS’ intellectual and industrial property rights and/or, where applicable, by third-party owners who have duly authorized their use by BALCLIS.
The purchase of a Lot shall not be considered as conferring upon the User any right over it.
Any reproduction, distribution, transformation and public communication, or any other exploitation of all or part of the Service or the Platform, made in any form or by any means, is strictly prohibited unless prior written authorization by BALCLIS or by third-party owners. Any infraction of these rights may result in the corresponding civil or criminal judicial or non-judicial proceedings.
- Cancellation of a purchase
Only in those cases where the information of the non-authenticity of the good or object is justified and reasoned, Users who have been assigned a Lot may cancel and settle the purchase of that Lot within a maximum period of fifteen (15) calendar days from the date of assignment at Auction.
In the event that BALCLIS had already delivered that Lot to the User, it shall be returned in the same conditions in which it was delivered. BALCLIS reserves the right to cancel the User’s account in the event that he/she seeks to cancel the purchase of a Lot for any reason other than the aforementioned.
In the event that the purchase of a Lot is cancelled as stated in this paragraph, BALCLIS shall return to the User the amount paid for that Lot, including the Commission and the taxes paid by the User, but not the expenses associated with packing, transport or insurance of the Lot that the User might have purchased, if any.
BALCLIS acts only as an intermediary between the Consignor and the User and therefore assumes no responsibility for any information or statement about the Lots related, by way of example, with the author, authenticity, origin, age, measures and current condition of the Lot, and it is the User who shall make his/her own judgement or opinion regarding the Lots before the closing of the Auction.
BALCLIS shall only be responsible for damages, flaws or losses that the Lot might have suffered while it is in the Facilities after having been purchased by the User and he/she has paid the corresponding invoice. In this respect, once the Lot has left the Facilities, BALCLIS shall not be responsible for its condition and therefore assumes no responsibility for any damages or loss of the Lot during its transportation to the destination indicated by the User, in the event that he/she decides to contract such transportation service.
Under no circumstances shall be claimed any compensation or indemnification on pieces that, after being auctioned or assigned, have been lost, stolen from or at the Auction, withdrawn from Auction or cancelled, expressly limiting the amount to be returned to the assignment amount of the piece to the Buyer.
The User agrees to use the Service only for the purpose for which it was created and to act in accordance with the current legislation and the terms of these General Conditions, and he/she is informed that in case of breach thereof, BALCLIS may cancel or remove the User’s account without prior notice or right to any compensations whatsoever.
The Service may include links to other websites or Internet portals.
BALCLIS ignores the contents and services included in third-party sites, and therefore accepts no responsibility for the quality, content, nature or accuracy of those sites and contents accessible through the links in the Platform or of the sites linked to the Platform.
- Nullity and inefficiency of the clauses
If any clauses included in these General Conditions were deemed, totally or partially, null or ineffective, such nullity or inefficiency shall affect only that provision or part thereof that is null or ineffective, but not the whole General Conditions, taking such provision, or part thereof that is affected, as non-existing.
- Modification of the General Conditions
BALCLIS reserves the right to modify, at any time and without prior notice, the content of these General Conditions, as well as the Service and any aspect of the design, format and/or configuration of the Platform. These modifications shall be applicable to Online Users on the date of their publication in the Platform and to Present Users on the date the new text of the General Conditions is made available to them.
- Applicable law and jurisdiction
These General Conditions are subject to the Spanish law.
Without prejudice to the rights that may assist the User as a consumer or a user, any dispute arising from questions related to the Service and/or the Platform shall be submitted to the jurisdiction and venue of the Courts of the city of Barcelona.