RULES FOR THE SELLER
1. Property. The assignor-seller assumes responsibility that the assigned assets 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, obliging him to prove it if necessary. . They must fill in and sign with their personal data the form of the sales order or delivery receipt, declaring their ownership or representation and knowing and accepting the contract conditions of Darley Auctions, providing the following documentation:
- If they are particular: Photocopy of your ID or valid legal document, valid and provided with a photograph. In case of being deposited by a third party, the written authorization of the owner / s seller / s will be necessary along with their valid ID or legal document, assuming the person the veracity of the documentation provided.
–If they are Legal Persons: ID card, deed of incorporation and copy of the sufficient powers granted by the company in their name.
2. Mediator. The assignor-seller grants the rights to Darley Auctions "Darley Arts sl", to act as a MEDIATOR, for direct sale, through its website or in the face-to-face auction room of the related goods on the delivery note or signed agreements.
3 Rights sale. The assignor-seller undertakes not to assign the sales rights to any other person, company, auction or website, while these rights are assigned to Darley Auctions, which will never be less than 365 days from the date of receipt, unless that a different period stipulated in the delivery note or signed agreements between both parties.
4. Authorization for reproduction. The assignor-seller grants the rights to Darley Auctions to photograph, display and reproduce graphically, both in print and through electronic means, the related assets on the delivery note for auction, in which it is considered best way to carry out Your sale It grants the rights previously written for the use of said images for advertising purposes.
5. Exit price. The starting price of each lot is determined in the auction catalog. This will constitute the minimum sale price, exit price, except in exceptional cases in which a reserve price can be agreed with the seller. This price is an estimate and therefore, it may be subject to revisions and rectifications due to subsequent studies and expertise. After two months after the end of the auction, lots that have not been withdrawn by the assignor-seller may be given a 30% discount on the agreed price of starting or reservation, operation repeated until sale or withdrawal by the assignor- seller.
6. Batch information. The assignor-seller must provide the maximum relevant and essential information both technical and professional or commercial level of the lot. Any falsehood and inaccuracy as an omission (Point 16) on the lot will authorize Darley Auctions to proceed with the immediate removal of said part or object (lot) from our auction or the cancellation of the sale. No need for justification or explanation. Under no circumstances will Darley Auctions "Darley Arts s.l." accept any responsibility or claim any compensation or compensation for this reason.
7. Early withdrawal of the lot. If the assignor-seller proceeds, on his own initiative, to withdraw the lot or the lots before the auction is held, the intermediation commission of 30% plus the I.V.A. must be paid to the auction house. on the agreed starting price as compensation.
8. The commission as an intermediary. The Darley Auction commission as an intermediary is 20% plus VAT of the commission, but may be agree diferently in each case.
9. Expenses. The transferor-seller will not have to pay expenses corresponding to cataloging, photography, advertising, storage. Only if, after mutual agreement, cleaning or restoration, certification, appraisal of the object or lot or consultations carried out with experts that involve a disbursement are made, will these expenses be the sole responsibility of the assignor-seller, who must pay them independently Whether the item is sold or not. Transportation costs from the seller's address to Darley Auctions will be borne by the assignor-seller as well as any type of insurance, either for transport or to deposit at the auction.
10. Clearance. The liquidation of the lots awarded or sold will be made within 30 days after the auction or auction sale date. As long as these have been liquidated by the buyer. In the event of non-payment by the successful tenderer or buyer, Darley Auctions may choose to cancel the operation, return the lot to the transferor-seller or offer the transferor to put the lot back up for auction, sell it or start any type of dispute it deems appropriate. The expenses and supplies that could be derived from these judicial actions, will go alone and exclusively in charge of the seller-seller.
11. Lots not awarded. The lots auctioned and not awarded in the session scheduled for this purpose will be automatically consigned in direct sale and may be sold by the auction house at the starting price agreed with the seller. The seller has a period of fifteen 10 calendar days to reject the placement on direct sale and withdraw the lots not awarded at auction. After this period, the seller must satisfy, in concept of storage and custody expenses, the amount of two € 2 per day per table and object, and three € 3 per day for the rest of movable property. Also, after the period of two 2 months, the auction house is expressly authorized by the seller so that, as a mediator and without prior notice, it can proceed to a new sale of the same, whether auction in room or direct sale, being able to automatically reduce by 30% of the starting price, the process being able to repeat said reduction successively every two months (Point 5).
12. Admission of goods. The auction house reserves the right to admit or reject, for reasonable reasons, the objects or lots that are offered for auction. Once the relevant objects have been admitted, as delivered by the seller, the auction house will become the depository thereof.
13. Export permits and licenses. The transferor-seller is responsible for obtaining and providing where appropriate, at his sole expense and charge, legal and administrative documentation, licenses, Cites and permits of any kind, including those of import or export, which may be required by the authorities. public and administrations, whether national or international, for the legal transport and commercialization of the objects or lots that have been sold to them in
Darley Auctions. Failure to obtain such documentation will not affect the sale or acquisition made, and the assignor-seller must pay the commission of the lot in full and other amounts accrued to Daley Auctions. In the case of requesting authorization, Darley Auctions warns its customers that such request will mean, for all intents and purposes, an irrevocable sale offer in favor of the Spanish State.
14. Applicable law. The parties (the auction house, the bidders, the awardee and the seller), with express waiver of any jurisdiction that may correspond to them, except for those that the legislation determines as imperatives, are subject to the Spanish Law and Jurisdiction of the Courts and Tribunals of Valencia and according to Spanish law for any question related to the auction or with respect to the contractual relations born under it.
15. Law on prevention of money laundering and terrorist financing. (LAW 10/210); Darley Auctions is obliged to comply with the provisions of Law 10/2010 and specifically with regard to persons with public responsibility, (ie: being or having been a high position of the State Administration or the Autonomous Administration o Spanish local, senior management of trade union organizations, business, or political departments and / or have a close family or business relationship with any of them). The assumption of the buyer and / or seller of the contracting conditions of Darley Auctions implies the express declaration by the buyer and / or seller of not being considered a person with public responsibility in accordance with the provisions of the Law, being bound by otherwise, report it reliably to Darley Auctions.
16. Omision. In the event of defects, imperfections, falsehoods or inaccuracies that have been omitted or hidden by the transferor-seller, the piece will be returned to the transferor-seller (Point 12) and the sale will be cancelled. In the event that the amount of the piece or lot has been settled to the transferor-seller, the transferor-seller is obliged to fully return the amount to Darley Auction “Darley Arts s.l.” along with any transaction fees. In the event that Darley Aucitons sends by email the receipt note with the valuations of the lots registered in said note/s indicating the reserve price/s to theassignor-seller, without obtaining a response from the transferor-seller in the following 7 days, Darley Auctions will interpret the ruling of the Supreme Court No. 483/2004, dated 9.06.2004. The Supreme Court generally points out that, when, within the framework of a pre-existing legal relationship, one of the parties carries out a specific act that should obtain a response from the other, either accepting it or rejecting it, if the latter, being able and , KEEP SILENCE, must be considered, for the sake of good faith, to have consented. In the ruling dated 7.12.2009 (no. 772/2009) it is declared that silence has the legal meaning of consent or agreement when one can and should speak, and there is an obligation to respond when there is a business relationship between the parties, as well as when it is normal and natural in accordance with general traffic practices and good faith.
For more information, see our Terms and Conditions.