MODEST CUIXART I TÀPIES (Barcelona, 1925 - Palafrugell, Girona, 2007). Untitled, 1963. Oil on canvas. Signed and dated on the back. Measurements: 130 x 97 cm; 135 x 101 cm (frame). As the Juan March Foundation points out; "From 1958, (Cuixart) resorts to his characteristic dripping of metallic iridescence on dark backgrounds that will evolve into a kind of spatialism. At the beginning of the 60's, the material and textural of Lyon's informalism hybridized with the magicist and symbolic graphics of Dau al Set. His plastic concern for the human condition causes his interest in matter to be progressively replaced by an intense irruption of the existential". Cuixart initially studied medicine, but soon abandoned his studies to devote himself to painting, and entered the Academia Libre de Pintura in Barcelona. In 1948 he participated in the foundation of the group Dau al Set, together with Brossa, Ponç, Tàpies and Tharrats, among others. Concerned with the plastic value of the sign, his work has from the beginning a strong kinship with surrealism, as well as a great sensitivity to the expressive power of color. Towards 1955 he immersed himself in material informalism, which led him to use the "grattage" in works with a certain orientalist flavour. In 1959 he won first prize at the São Paulo Biennial and exhibited at the Documenta in Kassel, and the following year he took part in an exhibition of Spanish avant-garde art held at the Tate Gallery in London and the Guggenheim Museum in New York. Cuixart introduces collage in his work in 1962, which will gradually lead him towards pop-art. Enriched by all these experiences, he returns again to flat painting, reaching a very personal critical realism, which synthesizes expressionism with dramatically transformed figuration, always valuing the chromatic qualities. In the seventies he exhibited in numerous national and international capitals, such as Paris, Madrid, São Paulo, Amsterdam, Tokyo, Basel, Barcelona and Milan, among others. In the following decade, Cuixart gradually freed his painting from its aggressive aspects to give it a more lyrical tone. In addition, he participates in a group exhibition at the UNESCO Palace in Paris, receives the Cross of St. George of the Generalitat of Catalonia, and the Cross of Isabella the Catholic. In 1988, he holds an anthological exhibition in Japan, in the cities of Kobe and Tokyo. He continues to work with exuberant colors and shapes, and reincorporates a more material figuration to his work. In 1998 the foundation that bears his name was created in Palafrugell, and the following year he was awarded the Gold Medal for Merit in Fine Arts by the Ministry of Culture. He is represented in the Museo Nacional Centro de Arte Reina Sofía, the Tate Gallery in London, the Museo Nacional de Arte de Cataluña, the Museo de Arte Contemporáneo in Madrid, Barcelona and Saint-Etienne (France), the Patio Herreriano in Valladolid, the Museo de Grabado Español Contemporáneo in Marbella, the Museo de Arte de la Universidad de São Paulo, the Museo de Arte Abstracto in Cuenca and the Museo del Ampurdán, among many others.
MODEST CUIXART I TÀPIES (Barcelona, 1925 - Palafrugell, Girona, 2007). Untitled, 1963. Oil on canvas. Signed and dated on the back. Measurements: 130 x 97 cm; 135 x 101 cm (frame). As the Juan March Foundation points out; "From 1958, (Cuixart) resorts to his characteristic dripping of metallic iridescence on dark backgrounds that will evolve into a kind of spatialism. At the beginning of the 60's, the material and textural of Lyon's informalism hybridized with the magicist and symbolic graphics of Dau al Set. His plastic concern for the human condition causes his interest in matter to be progressively replaced by an intense irruption of the existential". Cuixart initially studied medicine, but soon abandoned his studies to devote himself to painting, and entered the Academia Libre de Pintura in Barcelona. In 1948 he participated in the foundation of the group Dau al Set, together with Brossa, Ponç, Tàpies and Tharrats, among others. Concerned with the plastic value of the sign, his work has from the beginning a strong kinship with surrealism, as well as a great sensitivity to the expressive power of color. Towards 1955 he immersed himself in material informalism, which led him to use the "grattage" in works with a certain orientalist flavour. In 1959 he won first prize at the São Paulo Biennial and exhibited at the Documenta in Kassel, and the following year he took part in an exhibition of Spanish avant-garde art held at the Tate Gallery in London and the Guggenheim Museum in New York. Cuixart introduces collage in his work in 1962, which will gradually lead him towards pop-art. Enriched by all these experiences, he returns again to flat painting, reaching a very personal critical realism, which synthesizes expressionism with dramatically transformed figuration, always valuing the chromatic qualities. In the seventies he exhibited in numerous national and international capitals, such as Paris, Madrid, São Paulo, Amsterdam, Tokyo, Basel, Barcelona and Milan, among others. In the following decade, Cuixart gradually freed his painting from its aggressive aspects to give it a more lyrical tone. In addition, he participates in a group exhibition at the UNESCO Palace in Paris, receives the Cross of St. George of the Generalitat of Catalonia, and the Cross of Isabella the Catholic. In 1988, he holds an anthological exhibition in Japan, in the cities of Kobe and Tokyo. He continues to work with exuberant colors and shapes, and reincorporates a more material figuration to his work. In 1998 the foundation that bears his name was created in Palafrugell, and the following year he was awarded the Gold Medal for Merit in Fine Arts by the Ministry of Culture. He is represented in the Museo Nacional Centro de Arte Reina Sofía, the Tate Gallery in London, the Museo Nacional de Arte de Cataluña, the Museo de Arte Contemporáneo in Madrid, Barcelona and Saint-Etienne (France), the Patio Herreriano in Valladolid, the Museo de Grabado Español Contemporáneo in Marbella, the Museo de Arte de la Universidad de São Paulo, the Museo de Arte Abstracto in Cuenca and the Museo del Ampurdán, among many others.
Terms
General auction conditions
The use of the services or the contracting of products in www.sedart.com, imply the acceptance of the following general conditions:
1.- Acceptance and availability of the General Auction Conditions
By accepting this contract, you declare:
a) That he is a person of legal age and with the capacity to contract,
b) That you have read and accept these general conditions.
These general conditions (hereinafter, "General Conditions"), regulate the legal relationship that emanates from the contracting processes carried out between user-clients (hereinafter, "User") of the electronic commerce website located at the url , www.sedart.com, owned by SETDART ONLINE S.L. Users accept the General Conditions from the moment they use, contract or purchase any product. This document can be printed and stored by Clients. For its part, SETDART ONLINE S.L. In the event of any modification of these General Conditions, will always respect those that the user has accepted at the time of purchase, which is why we make the e-mail address [email protected] available to them. com, so that they can raise any questions about the General Conditions or request a copy of them in case of loss.
2.- Applicable standards
These General Conditions are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, to Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone Contracting o Electronic with general conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on the Regulation of Retail Trade, amended by Law 47/2002, of December 19, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
3.- Modification of the General Conditions
SETDART ONLINE S.L., may modify the General Conditions by notifying the Clients in advance, in order to improve the services and products offered through www.setdart.com. By modifying the General Conditions set out on the www.setdart.com website, said duty of notification shall be understood to have been fulfilled.
In any case, before using the services or contracting products, the General Conditions may be consulted.
4.- Description of the products and services
www.setdart.com is an online auction whose purpose is to sell art, antiques, collectibles and other artistic goods of a similar nature that are entrusted to it for this purpose.
Setdart Subastas and its fiscal figure Setdart Online SL act as mediators between the owner and the buyer of each lot.
To be able to bid on Setdart, it is necessary to register as a user, after reading these Conditions and the Privacy Policy. Enter the link on the Home page "Register as a user" and correctly fill in the boxes with your data. 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 name and surname, and the bid will not enter unless you enter the correct password.
Your personal data must be authentic and correct since, in the event of any falsehood or manipulation, Setdart will cancel the registered client. Once the correct form has been sent, Setdart will accept you as a user and will send you the approval, via email, so that you can act as a bidder. Registering as a user entitles you to receive the Newsletter that Setdart sends weekly to its users, via email, with the most outstanding news.
Once your user registration has been approved by Setdart, you can operate on the page as a bidder.
When bidding Setdart presents you with several alternatives. The first is to bid directly for the next amount the auction goes for; When entering the lot, mark the quantity you want to bid on. When accepting the bid, a proforma appears on the screen with the total amount that would be paid if the lot is awarded, including the commission and VAT on the commission. Only when you accept this proforma, will your bid enter the lot. Remember that to place a bid you must always be logged in as a user. You can also make the EXPRESS BID, in which you will bid directly for the higher amount without opening the information window.
Another option is SELF-BID: You have the possibility to bid for a higher amount, using the drop-down. In the latter case, the AutoBid system will be activated. The AutoBid is an automatic bidding system in which the system itself will enter your bid, revealing the immediately subsequent bid and will in turn save the highest bid you have made. This will not enter the auction unless another user exceeds it. Ultimately, the SELF-BID will allow you to record your maximum amount that will only be activated in the event that you are exceeded or that the piece has not reached its reserve price.
When entering the lot, mark the quantity you want to bid on. When accepting the bid, a proforma appears on the screen with the total amount that would be paid if the lot is awarded, including the commission and VAT on the commission. Only when you accept this proforma, will your bid enter the lot. Remember that to place a bid you must always be logged in as a user.
The lots presented at auction have a Reserve Price, that is, a confidential minimum price agreed between the consignor or transferor-seller and Setdart. If at the end of the auction the last bid does not reach this reserve price, the lot is not awarded and therefore it is not sold. Before the auction ends, the transferor-seller can modify the reserve price downwards in order to accept or move closer to the last existing offer at that time. Therefore, the agreed reserve price may be downward with the consent of the consignee.
Each lot is marked with a Low Estimate and a High Estimate, which represents the opinion of Setdart's experts about the range at which a lot is likely to sell at auction. Estimates are based on examining the lot or item and comparing market prices for comparable works. These estimates provide buyers with a prior indication of value and are generally a basis for setting the reserve price. The buyer can be sure that if he meets or exceeds the low estimate, he has reached the minimum price or reserve of the lot but this does not mean that the reserve price is equal to the low estimate as the reserve price may be lower.
In Setdart there are also lots at Free Price, this means that there is no reserve price and, therefore, they are sold whenever there is a bid, whatever its value.
It is strictly forbidden for any transferor / seller to make, personally or through third parties, bids on their own lots with the aim of increasing the award values of the lots and not with the intention of buying. In the event that such an action is detected, Setdart reserves the right to immediately cancel the user accounts used for this purpose, and to withdraw the auction lots from the transferor seller.
In the event that a lot has not reached the reserve price, before the auction time ends, Setdart's bidding system indicates in the bid history "Reserve Price Not Reached" and the auction time automatically increases. 3 minutes so that potential buyers can continue bidding if they want to win that lot. Only in this case, the system will admit that the same bidder exceeds his last offer in order to reach the reserve price and win the lot. Once the duration of the auction is over, when the timer indicates "This auction has ended", the user will be able to see if the lot has not reached the reserve price and, therefore, the lot has not been awarded, or if On the contrary, the lot has been awarded and sold.
If you are the winner of a lot, you will receive an e-mail informing you of the award once the day's auctions are over. During the next day you will receive the budget for your settlement. The settlement period is seven working days.
As a customer, from the "My Data" section on the web, you can change your data, as well as the user code and password, to access the bidding process and from the "My Setdart" section you can consult all the information updated regarding your bids, purchases, sales or payments. If you wish to unsubscribe as a user, you must contact us, via email or telephone.
It is not necessary to be registered as a user to travel through our website.
Registration as a user has no charge. As a member of a community with a common interest, the only prerequisite to any transaction is acceptance of the rules of procedure.
Once registered, the user agrees to use the means of the Setdart.com 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, being Setdart's power is the fact that in the event of non-compliance with any of these conditions and regulations, the user's account may be suspended or eliminated without prior notice or the right to any type of compensation.
Incidents in Auctions
In the event that there is any incident of connectivity or access to the Setdart service, it will be notified to the last bidding user and published on the Setdart home page.
In any case, Setdart reserves the right to extend the auction to the next day to guarantee access for all users or to cancel the affected Auction.
The auction lots are presented on the web with a complete cataloging and with additional images that can be enlarged so that the user-buyer can have a complete vision of the state in which they are. Auctions Setdart also offers an advisory service to inform you about the state of conservation of the piece, its author, market prices or any other available data. The advice will be provided in accordance with the reasonable and prudent judgment of Auctions Setdart but without assuming any responsibility for the content of said information and, therefore, the buyer must form his own conviction.
The data in the image gallery relating to the author, origin, age, provenance and status of the lots are included after careful investigation, verification and advice, but for their accuracy, Setdart Auctions does not accept any responsibility. Interested parties must form their own opinions regarding the pieces before the auction closes. If the user-buyer wishes to physically view a lot, he can request it from Setdart Subasta, which will facilitate this whenever possible.
Canceling a purchase
As a buyer, you can cancel an acquisition within fourteen days from the auction date, only in cases where the piece does not correspond to the catalog or has very significant flaws not indicated in the description or that cannot be seen in the images. The inauthenticity of the object must be reasoned and justified by an authority on the matter. The part must be returned in the same condition and condition as it was delivered.
Setdart reserves the right to cancel the user's account in the event that the user cancels an award for a reason other than one of the above due to the damage caused to the seller, the next bidder and the auction directly.
In any of these cases and always within the established period, Setdart will mediate and refund the money paid for the purchase of the object in full. The transport 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 Setdart.
Any other claim that the buyer wants to make for inaccurate data or falsification of the piece, must be inexcusably addressed to the seller, while Setdart does not assume the authenticity of the piece but only mediation in the sale.
In no case may compensation or compensation be claimed on pieces that, having been auctioned or awarded, have been lost, stolen from or in the auction, withdrawn from auction or canceled, expressly limiting the amount to be returned to the amount of the award of the piece to the buyer .
In no case Setdart Online, s.l. will accept any responsibility for the possible damages occurred during the transport of the auctioned lot / s, it will only be responsible if the piece suffers any damage during its stay at the facilities of Setdart Online, s.l.
Under no circumstances will any claim on the awarded lots be admitted, after 15 days from the auction of the piece.
The parties involved, seller-depositor and buyer, must comply with the provisions of the Heritage Law, the General Tax Law and the Intellectual Property Law.
Indirect taxation on purchases from individuals.
Acquisitions made to individuals at auction, is an operation subject to the Tax on Patrimonial Transmissions, a tax assigned to the Autonomous Communities so it will have to be in accordance with their particular regulations, being the taxpayer the purchaser, who must carry out the self-assessment the fee resulting from applying the tax rate in force on the date of the acquisition, in the Autonomous Community where it has its fiscal domicile, using the form provided for this purpose, normally the 600 form.
The operations in which Setdart Auctions intervenes are subject to the provisions of Spanish Law and, more specifically, to the stipulations that regulate mediation and deposit contracts.
Once the lot has been awarded, a quote will be sent to you indicating the auction price and additional costs. An 24% commission is added to the auction price of the piece. This commission is subject to VAT, and therefore, the corresponding VAT of 21% must be added. If you need transportation, it will also be budgeted depending on the nature of the lot and the destination. Transportation costs are also subject to VAT.
Delivery times:
Once the lot has been settled, Setdart will proceed to carry out the arrangements for packaging and transporting the piece. Note that all the pieces that have more than 100 years are required of an export permit from the Spanish Ministry of Culture. If the lot goes outside the EU, there will be a cost for such certificate. Kindly note you can check all this information in the Spanish Miistry of Culture website. This period may vary depending on the availability of the part in our facilities, if it must be collected at the place of deposit or if the part requires special packaging or adjustments. If the client requests a grouping of lots to lower transport costs, we will wait to receive the last lot to make the shipment, although the payment deadlines will have to be met.
1. Pick up at the Setdart facilities:
You can collect your lots yourself at our facilities in Barcelona, once you have been informed by email that the lots are available. In the event that you are not the one who collects the awarded lot or lots, you must give an authorization to the person who is going to do it by means of an authorization document or via e-mail.
2. Shipments via MRW:
Setdart.com usually works with MRW as a transport and courier service. Setdart sends you an e-mail indicating that your shipment is ready. The collections are normally made at 18:30 in the afternoon, except in cases of urgent shipments. Shipping through MRW is usually received within 24-48 hours.
Shipments made by MRW have insurance that covers up to 3,000 euros on the award price. Any claim for a shipment must be made, at most, within 48 hours of receipt. After this period, there will be no insurance coverage. It is also necessary to keep the original packaging in order to make a claim.
If you wish to receive the piece at a different address than the one you have specified as a user, you must indicate it in the "alternative shipping address" in your USER REGISTRATION or send it by mail to [email protected].
3. Collection of lots by your private carrier:
You can use your own means of transport or hire the one of your choice directly. Setdart.com, by default, includes the transport price in its budget. So, if you want to hire your own transport or collect the lot in person, it is necessary that you inform us as soon as possible so that we can send you the settlement estimate without this charge. In this case, only, the packaging would be charged if it were necessary.
Additional insurance:
If you wish to take out additional insurance to cover the total amount of the lot, you can contact us and we will carry out the management with an insurance company specialized in objects of art and / or jewelry.
Prices:
In Setdart we have preferred to adopt the auction system with Estimate and Reserve Price since it seems to us a more flexible system and that allows a greater rapprochement and understanding between Offer and Demand.
As already indicated in the Conditions of sale, most pieces at auction have a reserve price, that is, a confidential minimum price agreed between the transferor-seller and Setdart.com. If at the end of the auction the last bid does not reach this reserve price, the lot is not awarded and therefore it is not sold. Before the auction ends, the transferor-seller can modify the reserve price downwards in order to accept or move closer to the last existing offer at that time. Thus, the agreed reserve price is movable downward. In Setdart there are also lots at Free Price, this means that there is no reserve price and, therefore, they are sold whenever there is a bid, whatever its value.
Each lot is marked with a low estimate and a high estimate, which represents the opinion of Setdart's experts about the range at which a lot may be sold at auction. Estimates are based on examining the lot or item and comparing market prices for comparable works. These estimates provide buyers with a prior indication of value and are generally a basis for setting the reserve price. The buyer can be sure that if he meets or exceeds the low estimate, he has reached the minimum price or reserve of the lot but this does not mean that the reserve price is equal to the low estimate as the reserve price may be lower.
During the last hour of the auction process for each lot, Setdart's bidding system indicates in the bid history if the last offer has not reached the reserve price set with the acronym NAPR (Not Reached Reserve Price), inviting the Bidders to continue bidding if they wish to win that lot. Only in this case, the system will admit that the same bidder exceeds his last offer in order to reach the reserve price and win the lot. Once the duration of the auction is over, when the timer indicates "This auction has ended", it will be immediately informed whether or not the lot has been awarded.
Payment Methods:
To settle your lots, you can pay by credit / debit card through our website. Banco Sabadell offers you the Virtual POS, an online payment gateway that allows you to pay your batches with a card, through the internet, in an easy and, above all, safe way.
Banco Sabadell's online payment platform integrates CES (Secure Electronic Purchase) which, under the international protocols Verified by Visa and MasterCard SecureCode, provides high security and protection in payments. In addition to the CES protocol, the Virtual POS is configured with security limitations called velocity checks.
If you are operating from abroad, you can pay in your local currency, since our online payment platform has a multi-currency service. In addition, all the pages of the Virtual POS are available in Spanish, Catalan, Valencian, Galician, Basque, English, French, German, Portuguese, Dutch, Polish, Italian and Swedish.
You also have the option of paying in cash at our offices (Calle Aragón 346, Barcelona) or by transfer to our bank account.
5.- Intellectual property
The contents provided by SETDART ONLINE S.L. are subject to intellectual and industrial property rights and are the exclusive property of SETDART ONLINE S.L .. By purchasing a product or service, SETDART ONLINE S.L. does not confer on the purchaser any right of alteration, exploitation, reproduction, distribution or public communication about it, reserving SETDART ONLINE S.L. all these rights. The transfer of the aforementioned rights will require the prior written consent of SETDART ONLINE S.L .. The client may not make said content available to third parties.
The intellectual property extends, in addition to the content included in SETDART ONLINE S.L., to its graphics, logos, design, images and source code used for its programming.
6.- Use of the service and responsibilities
SETDART ONLINE S.L. It is not responsible for the content of the links to other Web pages that are not owned by it and that, therefore, cannot be controlled by it.
Errors in the connections, fortuitous event and force majeure: SETDART ONLINE S.L. It will not be responsible for errors, delays in access, delays in the system or any anomaly that may arise in relation to problems of a general nature in the Internet, causes of fortuitous events or force majeure or any other totally unforeseeable contingency and therefore outside the good faith of the company. SETDART ONLINE S.L. undertakes to try to solve these incidents by using all the means at its disposal and offering all the necessary support to the USER to solve the incidents in the fastest and most satisfactory way possible. Likewise, SETDART ONLINE S.L. It will not be responsible for the failures that for these causes may occur in communications, erasure or incomplete transitions, so it does not guarantee that the website is operational at all times when it is due to issues not attributable to SETDART ONLINE S.L. that it cannot solve with the means that are within its reach.
Use of the website: SETDART ONLINE S.L. It will not be responsible in any case for errors or damages produced by the inefficient and bad faith use of the service by the User. Nor will SETDART ONLINE S.L. be responsible. of the major or minor consequences due to the lack of communication between SETDART ONLINE S.L. and the User when it is attributable to the non-functioning of the email provided or to the falsification of the data provided by the user in their user registration.
Responsibility: SETDART ONLINE S.L. assumes the responsibilities that may arise for the provision of the services offered in the limits and as specified in the different General Contracting Conditions of the services that are made available to the USER.
RESPONSIBILITY OF THE USER:
Good use of the service: The USER is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial uses. SETDART ONLINE SL, is empowered by means of these General Conditions, from the moment in which it has reliable knowledge of the realization by the USER of any action or illegal use in general, to inform the competent authorities of these circumstances and unsubscribe the USER or restrict access to the website of SETDART ONLINE SL. The USER will be solely responsible for any claim or legal, judicial or extrajudicial action initiated by third parties directly harmed by the USER before Courts or other bodies, assuming this all expenses, costs and compensation that, where appropriate, may assume SETDART ONLINE SL if the claim is directed against it. Likewise, SETDART ONLINE S.L. will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity, especially in the field of content entered by the USER that may violate the rights or legitimate interests of SETDART ONLINE S.L. or third parties.
Due diligence: The USER is responsible for carrying out all the actions that are required with due diligence. In a special way, the USER must be diligent with regard to updating and veracity of their personal data, mainly the email indicated in the purchase as the main means of contact with SETDART ONLINE S.L.
SELLER-ASSIGNOR LIABILITY:
The transferor-seller is responsible that the transferred goods are his property or, where appropriate, guarantees that he is validly authorized by the legitimate owner to dispose of them free of charges, claims and other encumbrances, forcing himself to accredit it in the event that was necessary.
The transferor-seller grants the rights to Setdart Online, SL, which will act as mediator, to sell through its website the goods listed in the document "Reception for sale at auction" and undertakes not to assign the rights of sale to any other person, company, auction or website while these rights are assigned to Setdart.com.
The transferor-seller must provide Setdart.com with the maximum amount of relevant information, whether at a technical or commercial level, on the pieces that are included in the auction. Any inaccuracy about the real data of the piece will empower Setdart.com so that the lot can be withdrawn from the auction immediately. Setdart is a company authorized to mediate the sale of a good, which means that, previously, the seller must assume the veracity and authenticity of the piece, without any liability for Setdart.
The seller, when assigning an object, and Setdart will fix the minimum sale price for it by mutual agreement. Below this price, Setdart will not be able to sell the piece unless there is express authorization from the transferor-seller. Setdart does not usually accept lots whose price it estimates is below € 250 and in the case of accepting them they will generate a differentiated commission.
The assignor grants rights to Setdart Online, S.L. to photograph, expose and graphically reproduce, both in print and through electronic means, the goods listed in the assignment form for auction, in which it is considered the best way to carry out their sale. Likewise, the assignor grants rights to Setdart Online, S.L. for these images to be used for advertising purposes.
The lots entered into auction cannot be withdrawn in any case by the transferor-seller unilaterally prior to the date of the auction. If it were the case that Setdart agreed to the withdrawal for extraordinary reasons or that the transferor-seller could not deliver the work once it was sold at auction, he must pay Setdart Online, SL, a 30% commission on the estimate of the piece .
Once the sale is made, Setdart will deduct, as a commission, the percentage agreed with the seller, recorded with the corresponding VAT. For works sold by authors subject to Law 22/87 on Intellectual Property, the tax established by said law will be deducted and, as it indicates, will be paid by the seller. Transportation costs from the seller's domicile to Setdart will be borne by the seller-transferor. The taxes originated as a result of the mediation will be borne by the corresponding party, according to current legislation.
The seller will not have to pay more expenses than those expressed in the previous section, since those corresponding to insurance, cataloging, photography, storage and advertising, will be borne by Setdart. Only in the event that after mutual agreement, proceed to restoration, cleaning, framing, etc. of the object, or to consultations made with experts that involve a disbursement, these expenses will be the exclusive responsibility of the seller, who must pay them regardless of whether the object is sold or not.
In the event that the transferor-seller leaves their goods in physical deposit at Setdart's facilities, after thirty days from the auction, the unsold lots that have not been removed by the owner, except in agreement with Setdart At auction, they will accrue weekly storage costs of € 30 per piece of furniture and € 15 per week for pieces from any other category. After three months, Setdart will be empowered to re-auction the piece at a free auction price.
The liquidation of the auctioned and sold lots will be carried out within 30 days after the auction date of the piece, as long as they have been liquidated by the buyer. In the event of non-payment by the successful bidder or buyer, Auction Setdart will carry out all the steps within its reach in order to obtain payment of the outstanding amounts and will inform the transferor-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 their representation to Setdart Auction and its lawyers to file the pertinent legal claim. The expenses and supplies that may arise from these legal actions will be paid by the transferor-seller, who must make a prior deposit to cover them.
In case of defects or imperfections or errors in the cataloging that have been omitted or hidden, the piece will be returned to the transferor-seller and the sale will be canceled. The seller must fully return the amount to Setdart Subasta in the event that the piece has already been settled and pay the costs incurred, administrative or transport.
The parties involved, seller-depositor and buyer, must comply with the provisions of the Heritage Law, the General Tax Law and the Intellectual Property Law.
Acquisitions made to individuals at auction, is an operation subject to the Tax on Patrimonial Transmissions, a tax assigned to the Autonomous Communities so it will have to be in accordance with their particular regulations, being the taxpayer the purchaser, who must carry out the self-assessment the fee resulting from applying the tax rate in force on the date of the acquisition, in the Autonomous Community where it has its fiscal domicile, using the form provided for this purpose, normally the 600 form.
The operations in which Subasta Setdart intervenes are subject to the provisions of Spanish Law and, more specifically, to the stipulations that regulate mediation and deposit contracts.
All these conditions are contained in a contract that the transferor-seller must sign at the time of starting the process of selling a piece in Setdart Auction.
7.- Privacy and Protection of Personal Data
In accordance with the provisions of Organic Law 15/1999, on the Protection of Personal Data (LOPD), its implementing regulations, and LSSICE 34/2002, of July 11, on the Information Society and Electronic Commerce , SETDART ONLINE SL, in compliance with the provisions of art. 5 and 6 of the LOPD, informs all users who provide or are going to provide their personal data, that these will be incorporated into a file that is duly registered with the Spanish Agency for Data Protection.
Users expressly and freely and unequivocally accept that their personal data be processed by SETDART ONLINE S.L., to carry out the following purposes:
- Sending of commercial advertising communications by e-mail, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enables commercial communication. Said commercial communications will be related to products or services offered by SETDART ONLINE S.L., as well as by collaborators or partners with whom it has reached a commercial promotion agreement among its clients. In this case, third parties will never have access to personal data. In any case, commercial communications will be made by SETDART ONLINE S.L., and will be for products and services related to the SETDART ONLINE S.L. sector.
- Carry out statistical studies.
- Process orders, requests or any type of request that is made by the user through any of the contact forms that are made available to the user in SETDART ONLINE S.L.
- Sending the newsletter to those users who subscribe.
SETDART ONLINE SL, informs and expressly guarantees users that their personal data will not be transferred in any case to third companies, and that whenever some type of transfer of personal data is to be made, express consent will be requested in advance, informed, and unequivocal by the holders.
All the data requested through SETDART ONLINE S.L., are mandatory, since they are necessary for the provision of an optimal service to the user. In the event that not all the data is provided, SETDART ONLINE S.L., does not guarantee that the information and services provided will be completely adjusted to your needs.
SETDART ONLINE S.L., guarantees in any case to the user the exercise of the rights of access, rectification, cancellation, information and opposition, in the terms provided in the current legislation. Therefore, in accordance with the provisions of Organic Law 15/1999, on the Protection of Personal Data (LOPD), you may exercise your rights by sending an express request, together with a copy of your ID, through the following means:
1. E-Mail: [email protected]
2. Postal Mail: C / ARAGÓ, 346 - 08009 BARCELONA.
3. Similarly, the user may unsubscribe from any of the subscription services provided by sending an email to: [email protected].
In the same way, SETDART ONLINE SL, has adopted all the technical and organizational measures necessary to guarantee the security and integrity of the personal data that it treats, as well as to avoid its loss, alteration and / or access by third parties not authorized.
8.- Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the General Conditions subsisting in everything else, having such provision, or the part of it that is affected, by not being placed.
9.- Notifications
All notifications, requirements, requests and other communications that have to be made by the parties in relation to these General Conditions, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or sent by ordinary mail to address of the other party or to the email address of the latter, or to any other address or email address that each party may indicate to the other for these purposes.
10.- Applicable legislation and competent jurisdiction
These general conditions are governed by Spanish Legislation, with the Spanish Courts and Tribunals being competent to know any questions that may arise about the interpretation, application and compliance with them. In the event of discrepancies between the parties due to auction operations, the seller, the buyer and Setdart Auctions, waiving any other jurisdiction that may correspond to them, will submit to the jurisdiction of the Courts and Tribunals of Barcelona.
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If you need more information, you can send us an email to [email protected].
Shipping
Setdart guides you through the entire process, from the time of award to the day you receive your lot. Our logistics team will be happy to manage your transport, and will advise you on the best shipping method with professionals from the sector used to handling works of art and jewelry.
Terms
General auction conditions
The use of the services or the contracting of products in www.sedart.com, imply the acceptance of the following general conditions:
1.- Acceptance and availability of the General Auction Conditions
By accepting this contract, you declare:
a) That he is a person of legal age and with the capacity to contract,
b) That you have read and accept these general conditions.
These general conditions (hereinafter, "General Conditions"), regulate the legal relationship that emanates from the contracting processes carried out between user-clients (hereinafter, "User") of the electronic commerce website located at the url , www.sedart.com, owned by SETDART ONLINE S.L. Users accept the General Conditions from the moment they use, contract or purchase any product. This document can be printed and stored by Clients. For its part, SETDART ONLINE S.L. In the event of any modification of these General Conditions, will always respect those that the user has accepted at the time of purchase, which is why we make the e-mail address [email protected] available to them. com, so that they can raise any questions about the General Conditions or request a copy of them in case of loss.
2.- Applicable standards
These General Conditions are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, to Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone Contracting o Electronic with general conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on the Regulation of Retail Trade, amended by Law 47/2002, of December 19, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
3.- Modification of the General Conditions
SETDART ONLINE S.L., may modify the General Conditions by notifying the Clients in advance, in order to improve the services and products offered through www.setdart.com. By modifying the General Conditions set out on the www.setdart.com website, said duty of notification shall be understood to have been fulfilled.
In any case, before using the services or contracting products, the General Conditions may be consulted.
4.- Description of the products and services
www.setdart.com is an online auction whose purpose is to sell art, antiques, collectibles and other artistic goods of a similar nature that are entrusted to it for this purpose.
Setdart Subastas and its fiscal figure Setdart Online SL act as mediators between the owner and the buyer of each lot.
To be able to bid on Setdart, it is necessary to register as a user, after reading these Conditions and the Privacy Policy. Enter the link on the Home page "Register as a user" and correctly fill in the boxes with your data. 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 name and surname, and the bid will not enter unless you enter the correct password.
Your personal data must be authentic and correct since, in the event of any falsehood or manipulation, Setdart will cancel the registered client. Once the correct form has been sent, Setdart will accept you as a user and will send you the approval, via email, so that you can act as a bidder. Registering as a user entitles you to receive the Newsletter that Setdart sends weekly to its users, via email, with the most outstanding news.
Once your user registration has been approved by Setdart, you can operate on the page as a bidder.
When bidding Setdart presents you with several alternatives. The first is to bid directly for the next amount the auction goes for; When entering the lot, mark the quantity you want to bid on. When accepting the bid, a proforma appears on the screen with the total amount that would be paid if the lot is awarded, including the commission and VAT on the commission. Only when you accept this proforma, will your bid enter the lot. Remember that to place a bid you must always be logged in as a user. You can also make the EXPRESS BID, in which you will bid directly for the higher amount without opening the information window.
Another option is SELF-BID: You have the possibility to bid for a higher amount, using the drop-down. In the latter case, the AutoBid system will be activated. The AutoBid is an automatic bidding system in which the system itself will enter your bid, revealing the immediately subsequent bid and will in turn save the highest bid you have made. This will not enter the auction unless another user exceeds it. Ultimately, the SELF-BID will allow you to record your maximum amount that will only be activated in the event that you are exceeded or that the piece has not reached its reserve price.
When entering the lot, mark the quantity you want to bid on. When accepting the bid, a proforma appears on the screen with the total amount that would be paid if the lot is awarded, including the commission and VAT on the commission. Only when you accept this proforma, will your bid enter the lot. Remember that to place a bid you must always be logged in as a user.
The lots presented at auction have a Reserve Price, that is, a confidential minimum price agreed between the consignor or transferor-seller and Setdart. If at the end of the auction the last bid does not reach this reserve price, the lot is not awarded and therefore it is not sold. Before the auction ends, the transferor-seller can modify the reserve price downwards in order to accept or move closer to the last existing offer at that time. Therefore, the agreed reserve price may be downward with the consent of the consignee.
Each lot is marked with a Low Estimate and a High Estimate, which represents the opinion of Setdart's experts about the range at which a lot is likely to sell at auction. Estimates are based on examining the lot or item and comparing market prices for comparable works. These estimates provide buyers with a prior indication of value and are generally a basis for setting the reserve price. The buyer can be sure that if he meets or exceeds the low estimate, he has reached the minimum price or reserve of the lot but this does not mean that the reserve price is equal to the low estimate as the reserve price may be lower.
In Setdart there are also lots at Free Price, this means that there is no reserve price and, therefore, they are sold whenever there is a bid, whatever its value.
It is strictly forbidden for any transferor / seller to make, personally or through third parties, bids on their own lots with the aim of increasing the award values of the lots and not with the intention of buying. In the event that such an action is detected, Setdart reserves the right to immediately cancel the user accounts used for this purpose, and to withdraw the auction lots from the transferor seller.
In the event that a lot has not reached the reserve price, before the auction time ends, Setdart's bidding system indicates in the bid history "Reserve Price Not Reached" and the auction time automatically increases. 3 minutes so that potential buyers can continue bidding if they want to win that lot. Only in this case, the system will admit that the same bidder exceeds his last offer in order to reach the reserve price and win the lot. Once the duration of the auction is over, when the timer indicates "This auction has ended", the user will be able to see if the lot has not reached the reserve price and, therefore, the lot has not been awarded, or if On the contrary, the lot has been awarded and sold.
If you are the winner of a lot, you will receive an e-mail informing you of the award once the day's auctions are over. During the next day you will receive the budget for your settlement. The settlement period is seven working days.
As a customer, from the "My Data" section on the web, you can change your data, as well as the user code and password, to access the bidding process and from the "My Setdart" section you can consult all the information updated regarding your bids, purchases, sales or payments. If you wish to unsubscribe as a user, you must contact us, via email or telephone.
It is not necessary to be registered as a user to travel through our website.
Registration as a user has no charge. As a member of a community with a common interest, the only prerequisite to any transaction is acceptance of the rules of procedure.
Once registered, the user agrees to use the means of the Setdart.com 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, being Setdart's power is the fact that in the event of non-compliance with any of these conditions and regulations, the user's account may be suspended or eliminated without prior notice or the right to any type of compensation.
Incidents in Auctions
In the event that there is any incident of connectivity or access to the Setdart service, it will be notified to the last bidding user and published on the Setdart home page.
In any case, Setdart reserves the right to extend the auction to the next day to guarantee access for all users or to cancel the affected Auction.
The auction lots are presented on the web with a complete cataloging and with additional images that can be enlarged so that the user-buyer can have a complete vision of the state in which they are. Auctions Setdart also offers an advisory service to inform you about the state of conservation of the piece, its author, market prices or any other available data. The advice will be provided in accordance with the reasonable and prudent judgment of Auctions Setdart but without assuming any responsibility for the content of said information and, therefore, the buyer must form his own conviction.
The data in the image gallery relating to the author, origin, age, provenance and status of the lots are included after careful investigation, verification and advice, but for their accuracy, Setdart Auctions does not accept any responsibility. Interested parties must form their own opinions regarding the pieces before the auction closes. If the user-buyer wishes to physically view a lot, he can request it from Setdart Subasta, which will facilitate this whenever possible.
Canceling a purchase
As a buyer, you can cancel an acquisition within fourteen days from the auction date, only in cases where the piece does not correspond to the catalog or has very significant flaws not indicated in the description or that cannot be seen in the images. The inauthenticity of the object must be reasoned and justified by an authority on the matter. The part must be returned in the same condition and condition as it was delivered.
Setdart reserves the right to cancel the user's account in the event that the user cancels an award for a reason other than one of the above due to the damage caused to the seller, the next bidder and the auction directly.
In any of these cases and always within the established period, Setdart will mediate and refund the money paid for the purchase of the object in full. The transport 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 Setdart.
Any other claim that the buyer wants to make for inaccurate data or falsification of the piece, must be inexcusably addressed to the seller, while Setdart does not assume the authenticity of the piece but only mediation in the sale.
In no case may compensation or compensation be claimed on pieces that, having been auctioned or awarded, have been lost, stolen from or in the auction, withdrawn from auction or canceled, expressly limiting the amount to be returned to the amount of the award of the piece to the buyer .
In no case Setdart Online, s.l. will accept any responsibility for the possible damages occurred during the transport of the auctioned lot / s, it will only be responsible if the piece suffers any damage during its stay at the facilities of Setdart Online, s.l.
Under no circumstances will any claim on the awarded lots be admitted, after 15 days from the auction of the piece.
The parties involved, seller-depositor and buyer, must comply with the provisions of the Heritage Law, the General Tax Law and the Intellectual Property Law.
Indirect taxation on purchases from individuals.
Acquisitions made to individuals at auction, is an operation subject to the Tax on Patrimonial Transmissions, a tax assigned to the Autonomous Communities so it will have to be in accordance with their particular regulations, being the taxpayer the purchaser, who must carry out the self-assessment the fee resulting from applying the tax rate in force on the date of the acquisition, in the Autonomous Community where it has its fiscal domicile, using the form provided for this purpose, normally the 600 form.
The operations in which Setdart Auctions intervenes are subject to the provisions of Spanish Law and, more specifically, to the stipulations that regulate mediation and deposit contracts.
Once the lot has been awarded, a quote will be sent to you indicating the auction price and additional costs. An 24% commission is added to the auction price of the piece. This commission is subject to VAT, and therefore, the corresponding VAT of 21% must be added. If you need transportation, it will also be budgeted depending on the nature of the lot and the destination. Transportation costs are also subject to VAT.
Delivery times:
Once the lot has been settled, Setdart will proceed to carry out the arrangements for packaging and transporting the piece. Note that all the pieces that have more than 100 years are required of an export permit from the Spanish Ministry of Culture. If the lot goes outside the EU, there will be a cost for such certificate. Kindly note you can check all this information in the Spanish Miistry of Culture website. This period may vary depending on the availability of the part in our facilities, if it must be collected at the place of deposit or if the part requires special packaging or adjustments. If the client requests a grouping of lots to lower transport costs, we will wait to receive the last lot to make the shipment, although the payment deadlines will have to be met.
1. Pick up at the Setdart facilities:
You can collect your lots yourself at our facilities in Barcelona, once you have been informed by email that the lots are available. In the event that you are not the one who collects the awarded lot or lots, you must give an authorization to the person who is going to do it by means of an authorization document or via e-mail.
2. Shipments via MRW:
Setdart.com usually works with MRW as a transport and courier service. Setdart sends you an e-mail indicating that your shipment is ready. The collections are normally made at 18:30 in the afternoon, except in cases of urgent shipments. Shipping through MRW is usually received within 24-48 hours.
Shipments made by MRW have insurance that covers up to 3,000 euros on the award price. Any claim for a shipment must be made, at most, within 48 hours of receipt. After this period, there will be no insurance coverage. It is also necessary to keep the original packaging in order to make a claim.
If you wish to receive the piece at a different address than the one you have specified as a user, you must indicate it in the "alternative shipping address" in your USER REGISTRATION or send it by mail to [email protected].
3. Collection of lots by your private carrier:
You can use your own means of transport or hire the one of your choice directly. Setdart.com, by default, includes the transport price in its budget. So, if you want to hire your own transport or collect the lot in person, it is necessary that you inform us as soon as possible so that we can send you the settlement estimate without this charge. In this case, only, the packaging would be charged if it were necessary.
Additional insurance:
If you wish to take out additional insurance to cover the total amount of the lot, you can contact us and we will carry out the management with an insurance company specialized in objects of art and / or jewelry.
Prices:
In Setdart we have preferred to adopt the auction system with Estimate and Reserve Price since it seems to us a more flexible system and that allows a greater rapprochement and understanding between Offer and Demand.
As already indicated in the Conditions of sale, most pieces at auction have a reserve price, that is, a confidential minimum price agreed between the transferor-seller and Setdart.com. If at the end of the auction the last bid does not reach this reserve price, the lot is not awarded and therefore it is not sold. Before the auction ends, the transferor-seller can modify the reserve price downwards in order to accept or move closer to the last existing offer at that time. Thus, the agreed reserve price is movable downward. In Setdart there are also lots at Free Price, this means that there is no reserve price and, therefore, they are sold whenever there is a bid, whatever its value.
Each lot is marked with a low estimate and a high estimate, which represents the opinion of Setdart's experts about the range at which a lot may be sold at auction. Estimates are based on examining the lot or item and comparing market prices for comparable works. These estimates provide buyers with a prior indication of value and are generally a basis for setting the reserve price. The buyer can be sure that if he meets or exceeds the low estimate, he has reached the minimum price or reserve of the lot but this does not mean that the reserve price is equal to the low estimate as the reserve price may be lower.
During the last hour of the auction process for each lot, Setdart's bidding system indicates in the bid history if the last offer has not reached the reserve price set with the acronym NAPR (Not Reached Reserve Price), inviting the Bidders to continue bidding if they wish to win that lot. Only in this case, the system will admit that the same bidder exceeds his last offer in order to reach the reserve price and win the lot. Once the duration of the auction is over, when the timer indicates "This auction has ended", it will be immediately informed whether or not the lot has been awarded.
Payment Methods:
To settle your lots, you can pay by credit / debit card through our website. Banco Sabadell offers you the Virtual POS, an online payment gateway that allows you to pay your batches with a card, through the internet, in an easy and, above all, safe way.
Banco Sabadell's online payment platform integrates CES (Secure Electronic Purchase) which, under the international protocols Verified by Visa and MasterCard SecureCode, provides high security and protection in payments. In addition to the CES protocol, the Virtual POS is configured with security limitations called velocity checks.
If you are operating from abroad, you can pay in your local currency, since our online payment platform has a multi-currency service. In addition, all the pages of the Virtual POS are available in Spanish, Catalan, Valencian, Galician, Basque, English, French, German, Portuguese, Dutch, Polish, Italian and Swedish.
You also have the option of paying in cash at our offices (Calle Aragón 346, Barcelona) or by transfer to our bank account.
5.- Intellectual property
The contents provided by SETDART ONLINE S.L. are subject to intellectual and industrial property rights and are the exclusive property of SETDART ONLINE S.L .. By purchasing a product or service, SETDART ONLINE S.L. does not confer on the purchaser any right of alteration, exploitation, reproduction, distribution or public communication about it, reserving SETDART ONLINE S.L. all these rights. The transfer of the aforementioned rights will require the prior written consent of SETDART ONLINE S.L .. The client may not make said content available to third parties.
The intellectual property extends, in addition to the content included in SETDART ONLINE S.L., to its graphics, logos, design, images and source code used for its programming.
6.- Use of the service and responsibilities
SETDART ONLINE S.L. It is not responsible for the content of the links to other Web pages that are not owned by it and that, therefore, cannot be controlled by it.
Errors in the connections, fortuitous event and force majeure: SETDART ONLINE S.L. It will not be responsible for errors, delays in access, delays in the system or any anomaly that may arise in relation to problems of a general nature in the Internet, causes of fortuitous events or force majeure or any other totally unforeseeable contingency and therefore outside the good faith of the company. SETDART ONLINE S.L. undertakes to try to solve these incidents by using all the means at its disposal and offering all the necessary support to the USER to solve the incidents in the fastest and most satisfactory way possible. Likewise, SETDART ONLINE S.L. It will not be responsible for the failures that for these causes may occur in communications, erasure or incomplete transitions, so it does not guarantee that the website is operational at all times when it is due to issues not attributable to SETDART ONLINE S.L. that it cannot solve with the means that are within its reach.
Use of the website: SETDART ONLINE S.L. It will not be responsible in any case for errors or damages produced by the inefficient and bad faith use of the service by the User. Nor will SETDART ONLINE S.L. be responsible. of the major or minor consequences due to the lack of communication between SETDART ONLINE S.L. and the User when it is attributable to the non-functioning of the email provided or to the falsification of the data provided by the user in their user registration.
Responsibility: SETDART ONLINE S.L. assumes the responsibilities that may arise for the provision of the services offered in the limits and as specified in the different General Contracting Conditions of the services that are made available to the USER.
RESPONSIBILITY OF THE USER:
Good use of the service: The USER is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial uses. SETDART ONLINE SL, is empowered by means of these General Conditions, from the moment in which it has reliable knowledge of the realization by the USER of any action or illegal use in general, to inform the competent authorities of these circumstances and unsubscribe the USER or restrict access to the website of SETDART ONLINE SL. The USER will be solely responsible for any claim or legal, judicial or extrajudicial action initiated by third parties directly harmed by the USER before Courts or other bodies, assuming this all expenses, costs and compensation that, where appropriate, may assume SETDART ONLINE SL if the claim is directed against it. Likewise, SETDART ONLINE S.L. will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity, especially in the field of content entered by the USER that may violate the rights or legitimate interests of SETDART ONLINE S.L. or third parties.
Due diligence: The USER is responsible for carrying out all the actions that are required with due diligence. In a special way, the USER must be diligent with regard to updating and veracity of their personal data, mainly the email indicated in the purchase as the main means of contact with SETDART ONLINE S.L.
SELLER-ASSIGNOR LIABILITY:
The transferor-seller is responsible that the transferred goods are his property or, where appropriate, guarantees that he is validly authorized by the legitimate owner to dispose of them free of charges, claims and other encumbrances, forcing himself to accredit it in the event that was necessary.
The transferor-seller grants the rights to Setdart Online, SL, which will act as mediator, to sell through its website the goods listed in the document "Reception for sale at auction" and undertakes not to assign the rights of sale to any other person, company, auction or website while these rights are assigned to Setdart.com.
The transferor-seller must provide Setdart.com with the maximum amount of relevant information, whether at a technical or commercial level, on the pieces that are included in the auction. Any inaccuracy about the real data of the piece will empower Setdart.com so that the lot can be withdrawn from the auction immediately. Setdart is a company authorized to mediate the sale of a good, which means that, previously, the seller must assume the veracity and authenticity of the piece, without any liability for Setdart.
The seller, when assigning an object, and Setdart will fix the minimum sale price for it by mutual agreement. Below this price, Setdart will not be able to sell the piece unless there is express authorization from the transferor-seller. Setdart does not usually accept lots whose price it estimates is below € 250 and in the case of accepting them they will generate a differentiated commission.
The assignor grants rights to Setdart Online, S.L. to photograph, expose and graphically reproduce, both in print and through electronic means, the goods listed in the assignment form for auction, in which it is considered the best way to carry out their sale. Likewise, the assignor grants rights to Setdart Online, S.L. for these images to be used for advertising purposes.
The lots entered into auction cannot be withdrawn in any case by the transferor-seller unilaterally prior to the date of the auction. If it were the case that Setdart agreed to the withdrawal for extraordinary reasons or that the transferor-seller could not deliver the work once it was sold at auction, he must pay Setdart Online, SL, a 30% commission on the estimate of the piece .
Once the sale is made, Setdart will deduct, as a commission, the percentage agreed with the seller, recorded with the corresponding VAT. For works sold by authors subject to Law 22/87 on Intellectual Property, the tax established by said law will be deducted and, as it indicates, will be paid by the seller. Transportation costs from the seller's domicile to Setdart will be borne by the seller-transferor. The taxes originated as a result of the mediation will be borne by the corresponding party, according to current legislation.
The seller will not have to pay more expenses than those expressed in the previous section, since those corresponding to insurance, cataloging, photography, storage and advertising, will be borne by Setdart. Only in the event that after mutual agreement, proceed to restoration, cleaning, framing, etc. of the object, or to consultations made with experts that involve a disbursement, these expenses will be the exclusive responsibility of the seller, who must pay them regardless of whether the object is sold or not.
In the event that the transferor-seller leaves their goods in physical deposit at Setdart's facilities, after thirty days from the auction, the unsold lots that have not been removed by the owner, except in agreement with Setdart At auction, they will accrue weekly storage costs of € 30 per piece of furniture and € 15 per week for pieces from any other category. After three months, Setdart will be empowered to re-auction the piece at a free auction price.
The liquidation of the auctioned and sold lots will be carried out within 30 days after the auction date of the piece, as long as they have been liquidated by the buyer. In the event of non-payment by the successful bidder or buyer, Auction Setdart will carry out all the steps within its reach in order to obtain payment of the outstanding amounts and will inform the transferor-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 their representation to Setdart Auction and its lawyers to file the pertinent legal claim. The expenses and supplies that may arise from these legal actions will be paid by the transferor-seller, who must make a prior deposit to cover them.
In case of defects or imperfections or errors in the cataloging that have been omitted or hidden, the piece will be returned to the transferor-seller and the sale will be canceled. The seller must fully return the amount to Setdart Subasta in the event that the piece has already been settled and pay the costs incurred, administrative or transport.
The parties involved, seller-depositor and buyer, must comply with the provisions of the Heritage Law, the General Tax Law and the Intellectual Property Law.
Acquisitions made to individuals at auction, is an operation subject to the Tax on Patrimonial Transmissions, a tax assigned to the Autonomous Communities so it will have to be in accordance with their particular regulations, being the taxpayer the purchaser, who must carry out the self-assessment the fee resulting from applying the tax rate in force on the date of the acquisition, in the Autonomous Community where it has its fiscal domicile, using the form provided for this purpose, normally the 600 form.
The operations in which Subasta Setdart intervenes are subject to the provisions of Spanish Law and, more specifically, to the stipulations that regulate mediation and deposit contracts.
All these conditions are contained in a contract that the transferor-seller must sign at the time of starting the process of selling a piece in Setdart Auction.
7.- Privacy and Protection of Personal Data
In accordance with the provisions of Organic Law 15/1999, on the Protection of Personal Data (LOPD), its implementing regulations, and LSSICE 34/2002, of July 11, on the Information Society and Electronic Commerce , SETDART ONLINE SL, in compliance with the provisions of art. 5 and 6 of the LOPD, informs all users who provide or are going to provide their personal data, that these will be incorporated into a file that is duly registered with the Spanish Agency for Data Protection.
Users expressly and freely and unequivocally accept that their personal data be processed by SETDART ONLINE S.L., to carry out the following purposes:
- Sending of commercial advertising communications by e-mail, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enables commercial communication. Said commercial communications will be related to products or services offered by SETDART ONLINE S.L., as well as by collaborators or partners with whom it has reached a commercial promotion agreement among its clients. In this case, third parties will never have access to personal data. In any case, commercial communications will be made by SETDART ONLINE S.L., and will be for products and services related to the SETDART ONLINE S.L. sector.
- Carry out statistical studies.
- Process orders, requests or any type of request that is made by the user through any of the contact forms that are made available to the user in SETDART ONLINE S.L.
- Sending the newsletter to those users who subscribe.
SETDART ONLINE SL, informs and expressly guarantees users that their personal data will not be transferred in any case to third companies, and that whenever some type of transfer of personal data is to be made, express consent will be requested in advance, informed, and unequivocal by the holders.
All the data requested through SETDART ONLINE S.L., are mandatory, since they are necessary for the provision of an optimal service to the user. In the event that not all the data is provided, SETDART ONLINE S.L., does not guarantee that the information and services provided will be completely adjusted to your needs.
SETDART ONLINE S.L., guarantees in any case to the user the exercise of the rights of access, rectification, cancellation, information and opposition, in the terms provided in the current legislation. Therefore, in accordance with the provisions of Organic Law 15/1999, on the Protection of Personal Data (LOPD), you may exercise your rights by sending an express request, together with a copy of your ID, through the following means:
1. E-Mail: [email protected]
2. Postal Mail: C / ARAGÓ, 346 - 08009 BARCELONA.
3. Similarly, the user may unsubscribe from any of the subscription services provided by sending an email to: [email protected].
In the same way, SETDART ONLINE SL, has adopted all the technical and organizational measures necessary to guarantee the security and integrity of the personal data that it treats, as well as to avoid its loss, alteration and / or access by third parties not authorized.
8.- Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the General Conditions subsisting in everything else, having such provision, or the part of it that is affected, by not being placed.
9.- Notifications
All notifications, requirements, requests and other communications that have to be made by the parties in relation to these General Conditions, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or sent by ordinary mail to address of the other party or to the email address of the latter, or to any other address or email address that each party may indicate to the other for these purposes.
10.- Applicable legislation and competent jurisdiction
These general conditions are governed by Spanish Legislation, with the Spanish Courts and Tribunals being competent to know any questions that may arise about the interpretation, application and compliance with them. In the event of discrepancies between the parties due to auction operations, the seller, the buyer and Setdart Auctions, waiving any other jurisdiction that may correspond to them, will submit to the jurisdiction of the Courts and Tribunals of Barcelona.
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If you need more information, you can send us an email to [email protected].
Shipping
Setdart guides you through the entire process, from the time of award to the day you receive your lot. Our logistics team will be happy to manage your transport, and will advise you on the best shipping method with professionals from the sector used to handling works of art and jewelry.
Exhibition of lots
Change delivery address
You may use the carrier of your choice.
The indicated price does not include the price of the lot or the auction house's fees.
