General Auction Conditions

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 Retail Trade, amended by Law 47/2002, of December 19, and to Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce.

SETDART ONLINE SL, may modify the General Conditions by notifying Clients sufficiently 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 notification duty shall be understood to have been fulfilled.

In any case, before using the services or contracting products, the General Conditions may be consulted.

www.setdart.com is an online auction whose purpose is the sale of 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, once these Conditions and the Privacy Policy have been read. 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 the authenticity of the bids, since when you place 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, via email, the approval, so that you can act as a bidder. Registering as a user gives you the right to receive the Newsletter that Setdart sends its users weekly, 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 amount 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 the AUTO 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 one immediately after it and will in turn save the highest bid you have made. This will not enter the auction unless another user exceeds it. Ultimately, the AUTOPUJA 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 amount 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 that are 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 is therefore not sold. Before the auction ends, the assignor-seller may modify the reserve price in order to approach the last existing offer. 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 in which a lot is likely to sell at auction. Estimates are based on examining the lot or item and comparing market prices for comparable pieces. 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 as long as 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 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”, 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 client, from the “My Data” section on the web, you can change your data, as well as the user code and your 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.
Registering 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 authority is the fact that in the event of non-compliance with any of these conditions and rules, the user’s account may be suspended or deleted without prior notice or the right to any type of compensation.

In the event that there is any incident of connectivity or access to the Setdart service, it will be notified to the last bidder 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. Setdart Auctions also offers you an advisory service to inform you about the state of conservation of the piece, its author, market prices or any other available information. The advice will be provided in accordance with the reasonable and prudent judgment of Setdart Auctions 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 condition of the lots are included after careful investigation, verification and advice, but for their accuracy, Setdart Auctions does not accept any responsibility. Interested parties should 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.

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 cataloging or has very significant damage 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 will fully refund the money paid for the purchase of the object. 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 due to inaccurate data or falsehood 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 award of the piece to the buyer .

In no case Setdart Online, sl will accept any responsibility for possible damages that 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, sl

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.

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 of 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 form 600.

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 18% 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. Transporting costs are also subject to VAT.
Delivery times:

Once the lost has been settled, Setdart will proceed to carry out the arrangements for packaging and transporting the piece. The average delivery time is between seven and ten days. 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 group 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 meet.

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.
Shipping 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 admin@setdart.com.
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. Therefore, if you wish to hire your own transport or collect the batch personally, 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 will be charged if it is necessary.

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 jewelery.

At Setdart we have preferred to adopt the auction system with Estimate and Reserve Price since it seems to us to be a more flexible system and that allows a greater rapprochement and understanding between Offer and Demand.

As already concluded in the Terms of Sale, most pieces in auction have a reserve price, a confidential minimum price agreed between assignor-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 is therefore not sold. Before the auction ends, the assignor-seller may modify the reserve price in order to approach the last existing offer. The agreed booking price is moveable. In Setdart also has free price lots, which means that there is no reserve price and is therefore sold whenever there is a bid, whatever the value of the bid.

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 pieces. 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 stopwatch indicates “This auction is over”, it will be immediately informed whether or not the lot has been awarded.

To settle your lots, you can pay by credit / debit card through our website. Banco Sabadell puts at your disposal the Virtual POS, an online payment gateway that allows you to pay your lots 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.

The contents provided by SETDART ONLINE SL are subject to intellectual and industrial property rights and are the exclusive property of SETDART ONLINE SL. By acquiring a product or service, SETDART ONLINE SL does not confer on the purchaser any right of alteration, exploitation, reproduction, distribution or public communication about it, and SETDART ONLINE SL reserves all these rights. The transfer of the aforementioned rights will require the prior written consent of SETDART ONLINE SL. The client may not make said content available to third parties.

The intellectual property extends, in addition to the content included in SETDART ONLINE SL, to its graphics, logos, design, images and source code used for its programming.

SETDART ONLINE SL 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 SL 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 event or force majeure or any other totally unforeseeable contingency and therefore beyond the good faith of the company. SETDART ONLINE SL is committed to trying 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 SL will not be responsible for the failures that for these causes may occur in communications, deletion or incomplete transitions, so that it does not guarantee that the website is operational at all times when it is due to issues not attributable to SETDART ONLINE SL that it cannot resolve with the means available to it.

Use of the website: SETDART ONLINE SL will not be responsible in any case for errors or damages caused by the inefficient and bad faith use of the service by the User. Nor will SETDART ONLINE SL be responsible for the major or minor consequences due to the lack of communication between SETDART ONLINE SL and the User when it is attributable to the non-functioning of the email provided or the falsification of the data provided by the user in their user registration.

Responsibility: SETDART ONLINE SL assumes the responsibilities that may arise for the provision of the services it offers within 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 performance by the USER of any illegal action or use in general, to inform the competent authorities of these circumstances and unsubscribe the USER or restrict access to the SETDART ONLINE SL website. 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 the latter all expenses, costs and compensation that, where appropriate, SETDART ONLINE may assume SL if the claim is directed against it. Likewise, SETDART ONLINE SL 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 rights or interests of SETDART ONLINE SL 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 address indicated in the purchase as the main means of contact with SETDART ONLINE SL

ASSIGNOR-SELLER RESPONSIBILITY:

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 prove it in the event that was necessary.

The transferor-seller grants the rights to Setdart Online, SL, which will act as mediator, to sell the goods listed in the document “Reception for sale at auction” through its website 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 authorize 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 responsibility 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, SL to photograph, display and reproduce graphically, both in print and through electronic means, the goods listed in the assignment form for auction, in the best way to make their sale. . Likewise, the assignor grants rights to Setdart Online, SL to use these images 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. The transport costs from the seller’s domicile to Setdart will be borne by the transferor-seller. The taxes originated as a result of the mediation, will be paid 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 lots not sold and which 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 made 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, Subasta Setdart will carry out all the steps at its disposal 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 its 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 Auction in the event that the piece has already been settled and pay the incurred, administrative or transport costs.

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 of 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 form 600.

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.

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 will 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 SL, to carry out the following purposes:

– Sending commercial advertising communications by e-mail, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that makes commercial communication possible. Said commercial communications will be related to products or services offered by, SETDART ONLINE SL, 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 SL, and will be for products and services related to the SETDART ONLINE SL 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 SL

– 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 was to be made, express consent would be requested in advance, informed, and unequivocal by the holders.

All the data requested through SETDART ONLINE SL, are mandatory, since they are necessary for the provision of an optimal service to the user. In the event that all the data is not provided, SETDART ONLINE SL, does not guarantee that the information and services provided will be completely adjusted to your needs.

SETDART ONLINE SL, 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:

E-Mail: setdart@setdart.com
Postal Mail: C / ARAGÓ, 346 – 08009 BARCELONA.
Similarly, the user may unsubscribe from any of the subscription services provided by sending an email to: setdart@setdart.com.
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 it deals with, as well as to prevent its loss, alteration and / or access by third parties. authorized.

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.

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 of the latter, or to any other address or email that for these purposes each party may indicate to the other.

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.