Terms and conditions | Leiloeira Santo Eloy

Introduction

The Commercial Auction Society St. Eligius Auctioneers, Lda, hereinafter referred to as “Leiloeira Santo Eloy”, subject its activity as an auctioneer to the provisions of Decree-Law No. as well as any others expressed in a specific place. These Business Conditions apply to all auctions organized by “Leiloeira Santo Eloy”, whether in person or online. These Business Conditions have four Sections (conditions for sellers; conditions for buyers; conditions common to sellers and buyers; and additional conditions for online auctions and online participation in face-to-face auctions); such breakdown has the sole purpose of simplifying and facilitating consultation of the pleadings, which, however, it constitutes a whole and should always be understood as such. “Leiloeira Santo Eloy” asks all interested parties, namely selling customers and buying customers, to read these business conditions prior to any act, excluding the ignorance of the same by the intervening parties.

GLOSSARY AND FREQUENT TERMS

Bid –  Offer of a price for a given lot in the course of a bidding process.
Hammer Price –  Corresponds to the price at which a lot is awarded by the auctioneer in favor of the corresponding buyer.
Potential Buyer –  Is the person of legal age and registered at the auction, and who can, by himself or through a representative, under the terms of business conditions, bid for the lots presented at auction.
Buyer –  Is the person of legal age and registered at the auction, who submits, by himself or through a representative, under the terms of the negotiation conditions, the highest bid and to whom the auctioneer assigns the lot at the hammer price.
Purchase Commission – Corresponds to the commission related to the purchase of part(s) or lot(s), applied to the hammer price, including VAT at the legal rate, and paid by the buyer at the applicable rate.
Seller –  Is the person or entity that signs a consignment contract with “Leiloeira Santo Eloy” for the sale and/or placement of goods at auction.
Sales Commission –  Corresponds to the commission relating to the sale, to be deducted from the hammer price, including VAT at the legal rate, and borne by the seller at the applicable rate.
Applicable Rate –  Corresponds to the rates applicable to the sales commission and the purchase commission practiced and duly publicized or specified by “Leiloeira Santo Eloy”.

A. CONDITIONS RELATING TO SELLERS
A.1. CONTRACT

ART. 1 – Service provision agreement

The seller of a good and “Leiloeira Santo Eloy” are bound to each other from the moment that the respective contract for the provision of services is signed by both parties, hereinafter referred to as “Contract”.

ART. 2 – Mandatory mentions of the Contract

The Contract must contain:

the complete identification of the seller and, if applicable, of his representative;
the identification and description, even if brief, of the property;
the minimum sale price of the asset agreed by the parties;
the commission owed by the seller to the “Auction House Santo Eloy”;
fees due for insurance and inventory of the property;
any other fees agreed by the parties, namely those relating to transport, photographs, ;
indication, when the seller is a VAT taxable person acting as such, of the cases in which the transfer of the good is not exempt from VAT, in accordance with the provisions of article 9, paragraph 32), or of article 53, of the VAT Code, or an identical provision of the legislation of the Member State of the European Union where the transfer takes place, nor is it subject to the special regime of taxation of the margin, approved by Decree-Law no. October, or according to the identical regime of the Member State of the European Union where the transmission takes place;
any other mandatory mentions pursuant to the applicable legislation (in particular, Decree-Law No. 155/2015);
the signature of the seller or his representative with powers for the act, declaring to know and accept these Business Conditions and the particular conditions that may apply.

ART. 3 – Warranties and obligations of the Seller

When entering into the Contract, the seller:

guarantees that it has the capacity and legitimacy to contract and, in particular, that it is the owner and legitimate possessor of the good and that it is free of any encumbrances, charges or restrictions, namely as regards the holding, use, fruition or transferability, including classification, inventorying or listing by any official entity, but no procedure for this purpose has been initiated; in the event that, during the term of the Contract, the seller is notified or in any way becomes aware of the initiation of a procedure tending to the classification, inventory or listing of the good or that any third party assumes any right over it, he must immediately inform ” Auctioneer Santo Eloy” of such fact;
guarantees not to have concealed from “Leiloeira Santo Eloy” any elements or information that, if known by it, would be likely to change its will to contract or change the description of the item and/or the value assigned to it;
undertakes to deliver the item or keep it at the disposal of “Leiloeira Santo Eloy” and the buyer, as soon as and whenever requested;
The seller undertakes to indemnify the auctioneer and the buyer if the aforementioned guarantees are not verified, in which case “Leiloeira Santo Eloy” reserves the right to immediately terminate the Contract.

ART. 4 – Representation by a third party

In the event that the seller is represented by a third party, the provisions of the previous article apply to the latter, with the necessary adaptations, plus the representative is obliged to present to “Leiloeira Santo Eloy” documents that certify the respective relationship with the owner. salesman. (Letter of attorney)

ART. 5 – Proof of legitimacy

“Leiloeira Santo Eloy” reserves the right to request at any time the presentation of documents proving the capacity and legitimacy of the seller, including, without limitation, documents proving ownership of the good, namely documents that certify the respective acquisition by the seller .

ART. 6th – Exams and expert reports

“Leiloeira Santo Eloy” also reserves the right, at any time, to carry out or have carried out examinations and/or inspections of the item, in order to confirm or invalidate the respective description made in the Contract. In the event that such examinations or expert reports allow the conclusion that the Contract is not materially correct, “Leiloeira Santo Eloy” may denounce or resolve it and, in the event that the seller has acted with intent or gross negligence in the negotiation and execution of the Contract, shall indemnify “Leiloeira Santo Eloy” for damages and losses suffered by it, including image damage in case the sale of the good has already been publicized. “Leiloeira Santo Eloy” may also denounce or terminate the Contract, without the seller being entitled to any compensation,

ART. 7 – Amendments to the Contract

The Contract may only be amended by mutual agreement, without prejudice to the fact that “Leiloeira Santo Eloy” may change the description and increase the minimum sale price of the good contained in the Contract in the catalog where the good is to be included, as well as establish freely the number of goods to be placed in each lot.
In cases of termination of contract on the initiative of the seller, he undertakes to indemnify the auctioneer for maintenance, evaluation, cataloging and insurance costs, in the amount of the agreed percentage on the value of the minimum estimate of the piece(s) ) consigned.

ART. 8 – Non-compliance

In the event of non-compliance, by the seller, with the respective obligations arising from the Contract, including, namely, the obligation to make the good available to “Leiloeira Santo Eloy”, the latter may notify the seller to remedy the non-compliance within a reasonable and useful period, after which, if the situation of non-compliance persists, “Leiloeira Santo Eloy” will have the right to terminate the Contract with immediate effect, also having the right to claim from the seller, as a penalty clause, an amount corresponding to the commissions that would be due for seller and buyer in case of sale of the good for the reserve value stipulated in the Contract, plus any other amounts owed by the seller under the Contract and without prejudice to any excess damage.

ART. 9th – Term

The Contract will last for the time agreed between the “Seller” and “Leiloeira Santo Eloy” parties, whereby the respective term can only be terminated by (i) mutual agreement; (ii) termination in the cases expressly provided for in these Business Conditions; (iii) unilateral termination with just cause; or

(iv) depending on the case, with the payment of the price or the return of the good to the seller by “Leiloeira Santo Eloy”.

A.2. RESPONSIBILITY

ART. 10 – Responsibility of the seller for transport

The transport to, and the deposit of the good at the premises of “Leiloeira Santo Eloy”, as well as its subsequent collection and transport in case of non-sale, are the sole responsibility of the seller, considering that any help provided by “Leiloeira Santo Eloy”, its representatives, workers or collaborators, is done as a courtesy and with the permission of the seller, not being able to fall under them any type of responsibility for the act. Any indication of a company or person to do so also excludes any responsibility of “Leiloeira Santo Eloy”, its representatives, employees or collaborators.

ART. 11 – Responsibility of the seller for possession

Any loss or damage, including theft or theft, that occurs in an item while it is in the seller’s possession, even after the Contract has been signed, is the seller’s entire and exclusive responsibility, and the latter is obliged to indemnify “Leiloeira Santo Eloy” and/or the buyer for all damages suffered.

ART. 12 – Responsibility of “Leiloeira Santo Eloy” for the deposit

With the exception of cases in which a different rule is expressly established in these Business Conditions, “Leiloeira Santo Eloy” is only responsible for the goods that are deposited on its premises provided that the respective Contract is duly signed by the parties or that the goods have been formally entrusted for identification and evaluation purposes. The liability of “Leiloeira Santo Eloy” for any loss or damage, including theft or robbery, that may occur in goods that have been formally entrusted to it is covered by insurance for the value of the agreed reservation.

A.3. PAYMENT

ART. 13 – Deduction of commission and other amounts

The seller expressly authorizes “Leiloeira Santo Eloy” to deduct from the auction amount:

the commission owed to you under the terms of the Contract, plus VAT at the legal rate; and
the value of services and other payments due under the terms of the Contract, plus VAT at the rate.
Receive the commissions owed by the buyer according to the business conditions set out in this document.
Whenever any seller also makes any purchase at auction, he expressly authorizes “Leiloeira Santo Eloy” to deduct from the net amount owed to him, under the terms of the agreed conditions, the amounts to be paid by him as a buyer.

ART. 14th – Deadline

“Leiloeira Santo Eloy” undertakes to provide the seller with the bill of sale within seventeen (17) working days from full payment and collection of the item by the buyer. The payment to the seller of the amount of the sale, deducting commissions, services and taxes due, will occur within a period of twenty-two (22) working days following the availability of the sales account, and the seller shall contact “Leiloeira Santo Eloy” for the It is made.
Considering that the buyer must make the payment within five (5) working days from the date of the last session of the auction, it is therefore expected (but not guaranteed, insofar as it depends on the payment and collection of the good by the buyer) that payment to the seller takes place within twenty-two (22) working days from the date of the last session of the auction.

ART. 15 – Right of resale or copyright

In the event that the item sold is an original work of art within the meaning of article 54 of the Code of Copyright and Related Rights (the seller undertakes to give prior notice and prove this fact on the date of the contract for the provision of services to Leiloeira Santo Eloy, this responsibility not being attributable to it), the net amount to be received by the seller includes the amount due to the author or, where applicable, to the author’s heirs, by way of resale right. The seller undertakes to withhold such amount and pay it to the author or, as the case may be, to the author’s heirs, at their request or anyone who validly represents them. As an exception to the provisions of the two previous paragraphs, and in the event that the author, the author’s heirs or whoever validly represents them requests such payment from “
The participation referred to in the same article determines that it never exceeds €12,500, calculated as follows:

4% on the sale price whose amount is between €3,000 and €50,000;
3% on the sale price whose amount is between €50,000.01 and €200,000;
1% on the sale price whose amount is between €200,000.01 and €350,000;
0.5% on the sale price whose amount is between €350,000.01 and €500,000;
0.25% on the sale price whose amount exceeds €500,000.01.

ART. 16th – Compensation

The seller also authorizes “Leiloeira Santo Eloy” to deduct from the net amount that would be due to him under the terms of article 13 any amounts owed by him as a buyer of other goods at “Leiloeira Santo Eloy”, operating, to that extent, the compensation.

ART. 17 – Default by the buyer

Once the period referred to in article 14 has elapsed, if “Leiloeira Santo Eloy” has not received the total amount of the sale from the buyer, it must inform the seller of that fact and, as a representative of the Seller, it may, without prejudice to any other rights holder, adopt one or more of the following behaviors:

Bring legal action to collect the amount owed.
Notify the Buyer of the resolution of the sale due to non-compliance, without prejudice to Auctioneer Santo Eloy’s right to receive the commission owed to it by the Buyer and the possibility of bringing an action to collect it.
Charge default interest at the legal rate on the Total Amount Due until the moment it is received.
Sell the lot or lots in question again, at auction or by private negotiation.
Remove, store and secure the lot or lots at the expense of the defaulting Buyer, with Auctioneer Santo Eloy being responsible for deciding where to store the lots.
Retain that or another or other lots sold to the defaulting Buyer in the auction in question, or another, and release it only after payment of the Total Amount Due.
Reject or ignore any bid made by the defaulting Buyer or its representative in any subsequent auction or request a deposit from the defaulting Buyer as security before accepting any bid again.
Take any measures that, at any time, seem appropriate to obtain payment of the Total Amount Debted by the defaulting Buyer, as well as capable of compensating for the existing debt through the amount of the price of an asset of the defaulting Buyer that is in the possession of the Auctioneer Santo Eloy, whatever the title.

A.4. DO NOT SELL A GOOD

ART. 18th – Payment and withdrawal

1. In the case of non-sale of a good at auction, and within a period of thirty (30) days from the last session of the auction, the seller undertakes to:

pay “Leiloeira Santo Eloy” what is stipulated in the Contract, not being entitled to any compensation or compensation for the fact that the item is not sold; and
carry out the collection of the asset.

ART. 19th – Sale outside auction

“Leiloeira Santo Eloy” reserves the right to proceed with the off-auction sale of any item not sold at auction, for the agreed minimum sale price, plus the due commission and tax, at any time until the effective collection of the item by the seller, unless the latter, when signing the contract or afterwards, has expressly indicated to “Leiloeira Santo Eloy” that he only intends to sell the item at auction.

ART. 20 – Non-compliance with the withdrawal period

After the period referred to in article 18 has elapsed without the good having been collected by the seller, the title of possession over the good will be considered reversed, for all legal purposes, without prejudice to the seller becoming responsible for the loss or damage. , including theft or theft, which may occur on the property, and from that date neither “Leiloeira Santo Eloy”, nor its representatives, workers or collaborators can be held responsible for this eventuality. The seller will also be responsible for all expenses related to the removal, storage or insurance of the item, in accordance with the price list in force.

ART. 21st – Replacement at auction

Unless expressly indicated otherwise by the seller, regarding any pieces put up for auction and not sold, the auctioneer reserves the right, within forty-five (45) working days after the end of the auction, to carry out the sale for the minimum agreed sale value. with the seller, plus the auctioneer’s commission and taxes due.
In cases where, after the period stipulated above or another period agreed by the parties, the sale of the piece(s) has not taken place, the auctioneer must communicate the fact to the seller, so that:
1. The seller pays to “Leiloeira Santo Eloy” what is stipulated in the contract entered into between both parties;
2. The seller proceeds to pick up the consigned part(s) within 5 (five) business days after the date of communication. After this period has elapsed without the seller having picked up the consigned item(s), the seller is responsible for any damage, including theft or theft, and cannot, from that date, claim any responsibility from “Leiloeira Santo Eloy”. After the period established here, all expenses (insurance, storage, packaging, etc.) are the responsibility of the seller.
Ninety (90) days after the expiry of the period referred to in article 18 and if the seller has not voluntarily fulfilled the obligations set forth therein, “Leiloeira Santo Eloy” may place the good again at auction, in person or online, without being subject to the minimum price. agreement, receiving the commission and fees set out in the Contract and having the right, furthermore, to deduct all sums owed by the seller.

B. CONDITIONS RELATING TO BUYERS
B.1. REGISTRATION

ART. 1 – Registration and respective requirements

In order to be able to bid, a potential buyer must be of legal age, register in advance and have a bidding number, the name, address, tax number, telephone number and signature of the potential buyer or its representative with powers for the act, declaring to know and accept the present Business Conditions.

ART. 2 – Proof of identification

“Leiloeira Santo Eloy” reserves the right, at the time of registration or at a later time, to request the presentation of the original of a valid and current identification document to the potential buyer or his representative.

ART. 3 – Requirement of guarantee/deposit

“Leiloeira Santo Eloy” also reserves the right, upon registration or at a later time, to ask any potential buyer or its representative to present a guarantee, which “Leiloeira Santo Eloy”, in accordance with its commercial and credit policy and according to the history of the potential buyer, consider it reasonable, both in terms of form and amount.

The participation of interested buyers may imply the provision of a deposit, by means of a check issued in favor of St. Eligius Auctioneers, LTD. Or any other form of payment deemed more appropriate and to be defined from time to time, with a value to be fixed for each sale process and announced on the auctioneer’s website www.leiloeirasantoeloy.com, or in any other way made public.
The value of the deposit referred to in the previous point will be returned to the issuer, except for the one that proposed the best price, which may be deducted from the sale price.
If the interested buyer who offered the highest sale price refuses, without legal reason, to pay the remainder of that price, the value of the deposit will be forfeited in favor of Leiloeira Santo Eloy or the selling entity, without prejudice to the civil liability that, in the circumstances, cause.

ART. 4 – Previous breaches

“Leiloeira Santo Eloy” also reserves the right to refuse registration or ignore any bid to anyone who has not punctually fulfilled obligations, namely payment and collection of one or more goods, in previous auctions

ART. 5th – Representation of a third party

“Leiloeira Santo Eloy” considers that anyone who requests their registration as a potential buyer acts on their own, and can only act on behalf of others by delivering a legally valid power of attorney for the purpose, up to two (2) working days before the sale of the item. . In the event that, in the end, the power of attorney is validly contested by the supposedly represented party, the supposed representative and bidder will be considered the buyer.

B.2. BIDDING AND PURCHASE

ART. 6 – Bidding in person, purchase orders, telephone bidding and online bidding

Whenever a potential buyer intends to confirm the effective bidding of a certain or certain goods, he must attend and bid in person at the respective auction, considering that “Leiloeira Santo Eloy” considers that the presence of the potential buyer is, in any case, the most adequate means of safeguarding its interests.

a) Purchase orders

“Leiloeira Santo Eloy” may bid in the name and on behalf of potential buyers who expressly request it through:

own form and under the terms and conditions contained therein, provided that the request is received three hours before the start of the respective session; or
request submitted through one or more international online platforms where the auction in question has been made available by “Leiloeira Santo Eloy”, provided that the request is received in good time.

Purchase orders for a given asset will be executed by “Leiloeira Santo Eloy” at the best price allowed for any other purchase orders and bids eventually received for the same asset.

b) Telephone Bidding

Upon request from potential buyers, received at least three hours before the start of the respective session, “Leiloeira Santo Eloy” is also available to take reasonable steps to contact them by telephone, in order to allow their participation, in this way, in the bidding process for one or more previously determined goods. A telephone bidding order implies that the potential buyer undertakes, at least, to cover the minimum estimate value indicated in the catalogue. If it is not possible, for whatever reason, to establish telephone contact with the potential buyer, “Leiloeira Santo Eloy” reserves the right to bid on their behalf for the minimum value of the catalogue/online catalogue, the lot(s) in question.

c) Online bidding

On certain international online platforms where the auction in question has been made available by “Leiloeira Santo Eloy”, it may also be possible, in addition to the submission of purchase orders referred to above, to carry out online bids during the auction.

d) The services for executing purchase orders and bidding by telephone and online, referred to in the previous paragraphs, are provided as a courtesy to potential buyers who cannot be present and are confidential and free of charge; “Leiloeira Santo Eloy” will take all reasonable steps within its reach for its correct and timely execution; however, neither “Leiloeira Santo Eloy” nor its representatives, workers or collaborators may, under any circumstances, be held liable for any error, fault or omission, even if culpable, that may eventually occur in its execution; specifically in the case of purchase orders and online bids, the provisions of section D of these Business Conditions also apply.

ART. 7th – Evolution of bids

It is up to the auctioneer to decide, with total discretionary power, the amount in which bids evolve in the bidding process for each good, however, the auctioneer may never exceed 10% of the value of the previous bid, nor may any bid be less than €10, except in online auctions.

ART. 8 – Preference and resolution of doubts

“Leiloeira Santo Eloy” considers a buyer to be anyone who, by himself or represented by a third party with powers to do so, bids and auctions off the good for the highest value, but without prejudice to the possibility of exercising preference or option by official entities, under the terms of the applicable legislation, and it is up to the auctioneer to decide, with total discretionary power, any doubt that may occur, including withdrawing any item from the auction or putting the item back on sale for the amount in which the doubt arose.

B.3. PAYMENT AND COLLECTION

ART. 9th – Commission

The buyer undertakes to pay “Leiloeira Santo Eloy” the total amount due for the sale of the good, that is, the amount of the auction plus a commission:

a) In face-to-face Auctions: The buyer will pay LEILOEIRA SANTO ELOY a commission corresponding to 17.0% of the “hammer price” plus VAT at the legal rate in force, which is only levied on the amount of the commission.

b) Online Auctions: The buyer will pay LEILOEIRA SANTO ELOY a commission corresponding to 18.0% of the “hammer price” plus VAT at the legal rate in force, which is only levied on the amount of the commission.

ART. 10th – Term of payment

The buyer undertakes to make the payment referred to in the previous article and to pick up the item during the five (5) working days following the date of the last session of the auction, a down payment of 30% of the value that is not covered by warranty. After the aforementioned period of five (5) working days, “Leiloeira Santo Eloy” reserves the right to charge interest at the legal rate for commercial operations.

ART. 11 – Transfer of ownership

Ownership of the good is only transferred to the buyer after payment to “Leiloeira Santo Eloy” the total amount of the sale in cash (up to a maximum amount of € 2,500), certified check or bank transfer. If payment is made by non-certified check, the item will only be delivered to the buyer after the full amount of the sale has been collected.
Until the transfer of ownership, under the terms set out in the previous paragraph, the asset remains the property of the seller.

ART. 12th – Condition for withdrawal

The collection of any goods will only be authorized after payment of the total amount of the sale.

ART. 13 – Responsibility for survey

The collection and transport of an item is the sole responsibility of the buyer, considering that any help provided by “Leiloeira Santo Eloy”, its representatives, workers or collaborators is provided as a courtesy, and no liability can be incurred for the fact . Any indication of a company or person to do so also excludes any responsibility of “Leiloeira Santo Eloy”, its representatives, employees or collaborators.

ART. 14 – Responsibility after withdrawal period

Once the item has been picked up, or after a period of five (5) working days has elapsed from the date of the last session of the auction without the item having been picked up by the buyer, the buyer will be responsible for any loss or damage, including theft or theft, that may occur on the item. . The buyer is also responsible for all expenses related to the removal, storage and/or insurance of the item, in accordance with the price list in force.

ART. 15th – Responsibility of the “Auction House Santo Eloy”

Any loss or damage, including theft or theft, having as object any property purchased and not collected, which occurs within the period of five (5) business days referred to in article 10, only entitles the buyer to receive an amount equal to the paid up to that moment for the good, not being entitled to any compensation, indemnity or interest.

ART. 16 – Consequences of non-payment

If the buyer does not pay the total amount of the sale within five (5) working days from the date of the last session of the auction, “Leiloeira Santo Eloy” may, at any time, by itself and on behalf of the seller , and without the buyer being able to claim any compensation or damages for this fact:

Bring legal action to collect the total amount of the sale;
Notify the Buyer of the resolution of the sale due to non-compliance, without prejudice to Auctioneer Santo Eloy’s right to receive the commission owed to it by the Buyer and the possibility of bringing an action to collect it.
Charge default interest at the legal rate on the Total Amount Due until the moment it is received.
Sell the lot or lots in question again, at auction or by private negotiation.
Remove, store and secure the lot or lots at the expense of the defaulting Buyer, with Auctioneer Santo Eloy being responsible for deciding where to store the lots.
Retain that or another or other lots sold to the defaulting Buyer in the auction in question, or another, and release it only after payment of the Total Amount Due.
Reject or ignore any bid made by the defaulting Buyer or its representative in any subsequent auction or request a deposit from the defaulting Buyer as security before accepting any bid again.
Take any measures that, at any time, seem appropriate to obtain payment of the Total Amount Debted by the defaulting Buyer, as well as capable of compensating for the existing debt through the amount of the price of an asset of the defaulting Buyer that is in the possession of the Auctioneer Santo Eloy, whatever the title.

The foregoing alternatives must be understood without prejudice to any other rights that “Leiloeira Santo Eloy” may have, including the right to claim payment of interest and costs of removal, storage and/or insurance of the item to which there is place. Likewise, the fact that “Leiloeira Santo Eloy” initially opts for the hypothesis provided for in a) shall be understood without prejudice to the right to, at any time, put an end to such action and annul the sale under the terms provided for in b) .

B.4. RESPONSIBILITY OF “Leiloeira Santo Eloy”

ART. 17 – Responsibility for the descriptions

“Leiloeira Santo Eloy” is responsible for the accuracy of the descriptions (understood as such references to the time, style, author, materials and state of conservation) of the goods made in its catalogues/online catalogs and online publications , without prejudice to being able to publicly and verbally correct them until the time of sale.

ART. 18 – State of conservation and special cases

All goods are sold in the state of conservation in which they are found, and potential buyers are responsible for personally confirming, through prior examination of the good, the accuracy of the description in the catalogue, namely with regard to any restorations, faults or defects mentioned there.

In the case of goods whose constitution includes mechanisms, such as watches or music boxes, whenever the description of the good in the catalog does not expressly refer to the possible “need to repair the mechanism” or equivalent expression, it must be understood that the mechanism of the good is in operation;
In the cases foreseen in the previous paragraph, the responsibility of “Leiloeira Santo Eloy” is restricted to the mere operation of the mechanism, and not to its perfect functioning, and ceases, in any case, at the moment of collection of the good by the buyer;
The mention of signatures, names, initials, brands or acronyms existing in an asset and their mere factual transcription in the respective description does not mean attribution of authorship by “Leiloeira Santo Eloy” except in cases where this authorship is expressly assumed at the beginning of the description.

ART. 19 – Defects in the descriptions

If there is a relevant discrepancy (ie, one that implies a significant change in the value of the good) between the description and the reality of the good at the time of the auction, the buyer, and only the buyer, may, during the period of one (1) year from the date of the auction, request the return of the total amount of the sale by returning the item, in the state of conservation in which it was found at the time of the auction, not having, however, the right to any compensation, indemnity or interest.

ART. 20 – Burden of proof

It is up to the buyer to demonstrate the existence of a relevant discrepancy between the description and the reality of the good, under the terms and for the purposes of the previous articles.

ART. 21st – Support expertise

“Leiloeira Santo Eloy” may require the complaining buyer to present a written statement accompanied by an expert opinion signed by an expert recognized in the national or international market, without prejudice to the right that he has, in any case, and at any time, to oppose to the expert report presented another one of equivalent value.

ART. 22nd – Photographs

The photographs or representations of the good in the catalog are intended exclusively for the identification of the good subject to sale.

ART. 23 – Claims by third parties

“Leiloeira Santo Eloy” is not liable to the buyer for any property that, due to a fact attributable to the seller or a third party, becomes the subject of complaints or claims by third parties and/or seized, provisionally or definitively, by the competent authorities. , regardless of the date on which the respective claim, claim or seizure was determined or carried out, and the nature or amount of any damages, losses or damages that the buyer may derive from this fact, which must be claimed by the buyer directly from the seller or third party originator.

ART. 24 – Restrictions on transmission, export and similar

“Leiloeira Santo Eloy” is also not liable to the buyer for any item that may be prevented from leaving the country or subject to any other encumbrance, charge or restriction, namely in terms of ownership, use, fruition or transferability, including under of the legislation for the protection of cultural heritage, regardless of the date on which the respective classification, inventory or listing was carried out, and the nature or amount of any losses, losses or damages that the buyer may derive from this impediment, which must be claimed by the buyer directly to the seller or third party. Likewise, it is the buyer’s responsibility to find out about (and, if applicable, obtain) any (i) licenses and other formalities or export restrictions, from Portugal to the country of destination intended by the buyer; and (ii) licenses and other formalities or import restrictions in the country of destination intended by the buyer – eg, certain countries establish restrictions on the import of goods incorporating plant or animal elements.

ART. 25 – Limitation of liability

Except in the case of fraud and without prejudice to the transfer of responsibility to the insurance company, the eventual responsibility of “Leiloeira Santo Eloy”, before the buyer, namely for damages to the piece, is, in any case, limited to the amount actually paid by the latter for the acquisition of the good.

C. CONDITIONS COMMON TO SELLERS AND BUYERS

ART. 1st – Independence

“Leiloeira Santo Eloy”, its partners or legal representatives or spouses, ascendants or descendants thereof, do not, under any circumstances, act in their own name as sellers or buyers of the goods offered for auction.

ART. 2nd – Publication Authorization

The seller and the buyer expressly authorize “Leiloeira Santo Eloy” to photograph, publish, advertise and use, in any form and at any time, for commercial, cultural, academic or other purposes, whether or not related to the auction, the image and description of all the goods that have been put up for auction through it.

ART. 3rd – Jurisdiction

For the resolution of any conflict between the parties on the interpretation or validity of the contract, including these Business Conditions, as well as on the execution and compliance thereof, the district court of Lisbon will be exclusively competent.

ART. 4 – Description of Lots

Any representation or description presented by “Leiloeira Santo Eloy”, in any catalogue, with regard to authorship, attribution, genuineness, origin, date, age, provenance, state or estimated selling price, shall be understood as a mere issue of opinion based on your current knowledge of the parts and warranties given by the seller.
All buyers or potential buyers must establish their own value judgment regarding the description, condition and conditions of the lots or parts of interest.
With regard to the condition and description of the lots, it should also be considered: The lots taken to the square will be auctioned off in the places and state in which they are found, being the responsibility of potential buyers to analyze their condition during their public exhibition in the previous days to the auction, as well as the accuracy of the description contained in the catalog and mentions of eventual restorations, defects, faults and imperfections.

ART. 5th – Communications

Communications from “Leiloeira Santo Eloy” addressed to sellers, buyers, potential buyers or owners must be made by email, telephone or registered mail, and are considered to have been received within 48 hours of dispatch.

D. CONDITIONS RELATING TO ONLINE AUCTIONS AND ONLINE PARTICIPATION IN PRESENTIAL AUCTIONS

The foregoing Business Conditions apply to online auctions and online participation in face-to-face auctions, with the following adaptations and modifications, arising from their specificity:

ART. 1st – Platforms

“Leiloeira Santo Eloy” organizes auctions exclusively online, on the Internet / website of “Leiloeira Santo Eloy”, at leiloeirasantoeloy.liveauctions.pt – hereinafter referred to as “Plataforma LSE”. “Leiloeira Santo Eloy” also allows online participation (including issuing purchase orders and bidding) in the respective face-to-face auctions, through certain platforms managed by third parties – hereinafter referred to as “External Platforms”.

ART. 2nd – Catalog of online auctions

The catalogs with the images and descriptions of each and every one of the goods that make up the online auctions are only available in a digital version on the LSE Platform.

ART. 3rd – Online registration

In order to be able to issue purchase orders and bid in an online auction, the potential buyer must be of legal age and register in advance on the LSE Platform, obligatorily filling in the fields containing his name, address, tax number, telephone contact and email and declaring to know and accept the present Business Conditions.
In order to be able to issue purchase orders and bid online in a face-to-face auction, the potential buyer must register in advance on the LSE Platform or, if available on External Platforms, complying with the rules and binding themselves to the terms and conditions of such platform. By doing so and issuing purchase orders and/or bidding in a face-to-face auction at “Leiloeira Santo Eloy”, the potential buyer also agrees to be bound by these Business Conditions, which will prevail, in case of contradiction, over the terms and conditions of such a platform.
The chosen password and other means of authentication when registering on the LSE Platform or, as the case may be, on one of the Third Party Platforms, must be kept confidential by the potential buyer, who will be responsible for any unauthorized access to the respective account.
“Leiloeira Santo Eloy” reserves the right to cancel or suspend the registration of anyone who has not punctually complied with obligations, namely payment and collection of one or more goods, in previous auctions.

ART. 4 – Purchase orders and bids in online auctions

In the online auctions of “Leiloeira Santo Eloy” only purchase orders and online bids will be accepted through the LSE Platform, and the bidder and potential buyer must register under the terms of paragraph a) of the previous article;
Only purchase orders and bids for a value equal to or greater than the base value of each good will be accepted;
Online purchase orders for a given good will be automatically executed by “Leiloeira Santo Eloy” at the best price allowed by any other purchase orders or online bids eventually received for the same good;
Online bid increments will in no case exceed 10% of the value of the preceding purchase order;
Purchase orders and online bids received and accepted by “Leiloeira Santo Eloy” are confidential;
The bidder and potential buyer accepts that their purchase orders and bids on the LSE Platform, once accepted, are final and cannot, by any means, be canceled or revoked until the end of the period in which the auction in question takes place;
In a “Leiloeira Santo Eloy” auction that takes place solely or exclusively on an online platform, all bids made by online bidders are purchase and sale contracts entered into and are considered definitive and binding. In case two buyers make a maximum offer of the same value, the first one presented to “Leiloeira Santo Eloy” will be considered valid;
In a “Leiloeira Santo Eloy” auction that takes place solely or exclusively on an online platform, the mandatory additions for each bid are indicated in the bidding interface, with bids of lower values not being accepted.

ART. 5 – Payment and withdrawal in online auctions

The online buyer undertakes to pay Auctioneer Santo Eloy the total amount due for the sale of the good, that is, the amount of the auction, plus a commission corresponding to 18.0% of the “hammer price” plus VAT at the rate law in force, which only affects the value of the commission:
In exceptional cases duly indicated in the catalogue, VAT may also be due on the amount of the auction;
The online buyer undertakes to make the payment referred to in the previous paragraphs and to pick up the item during the five (5) working days following the end of the auction;
Payment can be made by cash (up to a maximum amount of €2,500), ATM, bank transfer or certified check; if payment is made by non-certified check, the total amount of the sale is only considered paid after payment has been received;
Ownership of the good is only transferred to the buyer after payment to “Leiloeira Santo Eloy” the total amount of the sale; until the transfer of title, the good remains the property of the seller;
After the said period of five (5) business days has elapsed without the due payment having been made, “Leiloeira Santo Eloy” reserves the right to bring an action or annul the sale, applying article 16 of the these Business Conditions, to which you refer;
The collection and transport of an item is the sole responsibility of the buyer, considering that any help provided by “Leiloeira Santo Eloy”, its representatives, workers or collaborators is provided as a courtesy, and no liability can be incurred for the fact . Any indication of a company or person to do so also excludes any responsibility of “Leiloeira Santo Eloy”, its representatives, employees or collaborators.
The rules provided for in this article are exclusively applicable to online auctions. In the case of online bidding and purchase in face-to-face auctions, the latter’s rules apply, as set out in the previous Sections.

ART. 6 – Inexistence of the right of free resolution

The online buyer in online or face-to-face auctions recognizes that, because he has made a purchase at an auction, he does not benefit from the right of free termination of the contract provided for in the legislation that regulates contracts concluded at a distance.

ART. 7 – Responsibility

The LSE Platform operates, in all phases (including, without limitation, registration, access to the account by registered users, management of purchase orders and bids, determination of the winning bid and communication with registered users) in a fully automated manner. External Platforms operate in a partially automated manner. In both cases, periods of unavailability of the LSE Platform or the External Platforms and/or problems and operating errors may occur, which may be caused by multiple factors, including, namely, Internet connection problems, overload, viruses and computer attacks and inconsistencies and programming errors – hereinafter “Platform Functioning Problems”.
In the case of online auctions, Platform Functioning Problems may compromise the holding of one or more online auctions or affect, within a given auction, one or more lots; Likewise, Platform Functioning Problems may affect users in general, a group of users or just a specific user, who may, in particular, be unable to register, unable to access their account, unable to place an order purchase order or a bid, placing a purchase order or a bid that will not be taken into account or not receiving certain communications (for example an outdated bid) or receiving erroneous communications.
In the case of face-to-face auctions, Platform Functioning Problems may lead to one or more users not being able to register, not being able to access their account, not being able to place purchase orders or bids, placing a purchase order or a bid that not be taken into account or do not receive certain communications (for example outdated bids) or receive incorrect communications. Thus, whenever a potential buyer intends to confirm the effective bidding of a certain item or goods, he must attend and bid in person at the respective auction, “Leiloeira Santo Eloy” considering that the presence of the potential buyer is, in any case, the most appropriate way to safeguard your interests.
Neither “Leiloeira Santo Eloy”, nor its representatives, workers or collaborators may, under any circumstances, be held responsible for any Problems with the Platform’s functioning.
In the event of a Platform Functioning Problem in an online auction, “Leiloeira Santo Eloy” may, but is not obliged to, repeat the affected auction or replace the affected goods in a new face-to-face or online auction. In the event of a Platform Functioning Problem in a face-to-face auction, it will be up to the auctioneer to decide, with full discretion, any doubt that may arise.

ART. 8 – Personal Data

Sellers and buyers (“clients”) expressly acknowledge to “Leiloeira Santo Eloy” the right to process their personal data, namely identification data, contact data and bank account identification data.
The processing of data is carried out for the purposes of compliance with the business conditions and contractual obligations provided for in this contract.
“Leiloeira Santo Eloy” may transmit personal data to authorities and public and/or private entities, for the fulfillment of legal obligations, including, without excluding, the Tax Authority, the Directorate-General for Cultural Heritage, the Judiciary Police, ASAE and the Portuguese Society of Authors.
We also share data – to the extent strictly necessary – with entities that provide services to “Leiloeira Santo Eloy” and which, within the scope of these services, process or may process the personal data of customers.
The personal data of customers may be kept by “Leiloeira Santo Eloy” for a period of up to 10 (years) after the termination of the contractual relationship, which period may be longer due to compliance with legal obligations applicable or usable in any legal proceedings.
Under the terms of the applicable legislation on personal data, customers are granted the following rights regarding the processing of their personal data: (f1) right of access, (f2) right to erasure, (f3) right of rectification, (f4) right to portability, (f5) right to limit processing, (f6) right to opposition and (f7) right to complain – ie, right to file a complaint with the National Commission for Data Protection ( https://www.cnpd.pt ).
The holder declares that he is aware of the Privacy Policy of “Leiloeira Santo Eloy” available at the following link www.leiloeirasantoeloy.com .

ART . 9 – (Competent Jurisdiction)

For any and all issues arising from these conditions of sale, the jurisdiction of the District Court of Lisbon will be competent, with express waiver of any other.

FINAL DISPOSITIONS

.GENERAL DATA PROTECTION REGULATION – RGPD

Under the terms and for the purposes of the RGPD and in accordance with the Privacy Policy to which it is attached, and to which it refers, “Leiloeira Santo Eloy” undertakes to process personal data in a lawful manner, with respect for the principle of good faith and with absolute confidentiality, ensuring that the personal data collected are adequate, relevant and not excessive in relation to the purposes for which they are collected and processed.

. LEGAL REGIME OF THE JEWELRY AND CONTRACTORS – Law No. 98/2015,

of 8.18.2015 and Dec. Law No. 44/2016 of 8.17.2016

Each and every one of the goods made of precious metals, offered for sale by “Leiloeira Santo Eloy”, observe the provisions of the said diploma and respective regulation, and are duly contrasted whenever this is legally required.

.CITES – CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

Each and every one of the goods incorporating materials from protected wild fauna and flora species, offered for sale by “Leiloeira Santo Eloy”, were previously certified in compliance with CITES provisions. Under the terms of the applicable legislation, the respective buyer must request a new registration in their name with the competent authority.

.In the event of a dispute and in the case of a consumer, you may resort to an Alternative Consumer Dispute Resolution Entity:
http://www.centroarbitragemlisboa.pt

Lisbon Consumer Dispute Arbitration Center
Rua dos Douradores, nº 116 – 2º, 1100 – 207 Lisboa
www.centroarbitragemlisboa.pt

Vale do Ave Consumer Conflict Arbitration Center/Arbitration Court
http://www.triave.pt

CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)
http://www.ciab.pt/pt

CNIACC – National Center for Information and Arbitration of Consumer Disputes
http://www.arbitragemdeconsumo.org

Coimbra District Consumer Conflict Arbitration Center
http://www.centrodearbitragemdecoimbra.com

Algarve Consumer Dispute Information, Mediation and Arbitration Center
http://www.consumoalgarve.pt

Porto Consumer Information and Arbitration Center
http://www.cicap.pt

More information at the Consumer Portal www.consumidor.pt.

.As a consumer, you can now also exercise your right to submit a complaint electronically, via the website www.livroreclamacoes.pt .