Partie septentrionale du royaume de Portugal, les royaumes de Leon et de Galice, les Asturies

IDENTIFICATION DATA

These General Conditions will apply to all existing relationships in relation to auctions, contracting operations, mediation and sale between the Room and (I) the sellers or depositors, to whom the "Auction Sale Conditions" will also apply. ”, (II) buyers or successful bidders and (III) bidders, to whom, like buyers, the “Conditions for Buyers” will also apply. In matters not regulated in them, the civil and/or commercial regulations will apply, as appropriate, the uses of the sector being of subsidiary application.

SPECIFIC CONDITIONS REGARDING IDENTIFICATION OF WORKS OR OBJECTS

Any statement printed in the catalog and referring to the authorship, attribution, date, age, origin, and condition is always the expression of an opinion that is governed by the interpretative terms that we detail below:

a) BARTOLOMÉ ESTEBAN MURILLO (name and surnames). It means that, in our opinion, it is an authentic work of the mentioned artist.

b) INITIAL OR INITIALS OF THE NAME AND SURNAME. It means that, in our opinion, it is a work from the time of the mentioned artist and that it may be totally or partially by his hand.

c) ATTRIBUTED TO BARTOLOMÉ ESTEBAN MURILLO. It means that, in our opinion, it is probably a work by the aforementioned artist, but taking into account the existence of contradictory opinions by well-known experts or authorities in the field.

d) WORKSHOP OF BARTOLOMÉ ESTEBAN MURILLO. It means that, in our opinion, it is a work made by an unknown hand in the workshop of the mentioned artist, not necessarily under his direction.

e) CIRCLE OF BARTOLOMÉ ESTEBAN MURILLO (name and surname). It means that, in our opinion, it is a work by an unknown or unidentified painter, but apparently following the style of the mentioned artist, although not necessarily his disciple.

f) SPANISH SCHOOL, XVII CENTURY (SCHOOL WITH DATE). It means that, in our opinion, it is a work made by an artist of this nationality or who has worked in Spain and made in the 17th century or according to the canons of that time.

g) SPANISH SCHOOL, (SCHOOL WITHOUT DATE). It means that, in our opinion, it is a work carried out in the style of a specific or indeterminate Spanish artist, regardless of the time or nationality of its author.

h) The term SIGNED means that, in our opinion, the signature is the authentic one of the artist executed with his knowledge.

i) The term CARRIES SIGNATURE... means that, in our opinion, the signature is made by a hand other than that of the mentioned artist and without his knowledge.

j) The term DATED, means that, in our opinion, the date is that of the mentioned artist's hand.

k) The term DATED... means that, in our opinion, the date has been added by a hand other than that of the artist. In the lots that contain the existence of a certified study or publication carried out by a specialist outside this room, it is considered that the buyer accepts said document as valid in terms of guarantee of authenticity.

SPECIAL PERMISSIONS

The seller is responsible for obtaining and providing, at its own expense and expense, the legal and administrative documentation, licenses and permits of any kind, including those for export and import, that are eventually required by the Public Authorities and Administrations, national and international, for the legal transport and commercialization of the objects that are deposited in the Hall for sale. Likewise, the successful bidder is responsible for obtaining and providing where appropriate, at its own expense and expense, the legal and administrative documentation, licenses and permits of any kind, including export and import permits, that may be required by the Public Authorities and Administrations, national and international, for the legal transport of the lots awarded and/or acquired in the Room. Failure to obtain said documentation will not affect the acquisition made, and the successful bidder must pay the price of the lot to the Chamber and other accrued amounts.

INTELLECTUAL PROPERTY RIGHTS

The rights of authors and their heirs over their works and creations will be respected in accordance with the Intellectual Property Law. The deduction corresponding to the works of authors subject to the current Law or other applicable regulations, when appropriate, will be paid by the seller.

PERSONAL DATA

According to current legislation on Data Protection, it is reported that the personal data collected on the occasion of contracting the mediation services offered by the Room, both sellers, bidders and successful bidders, will be incorporated into a file, owned by Isbilya Subastas S.L., in order to manage the contractual relations between the parties, as well as other related purposes. By signing this document, the owner consents to the incorporation of said data and their treatment, being able to exercise at any time the rights of access, rectification, cancellation or opposition of their personal data by requesting it in writing, attaching a photocopy of the National Document of Identity, to the email address isbilya@isbilyasubastas.com or to the address of the Room indicated above.

PARTIAL INEFFECTIVENESS

If any provision of these General Conditions is considered invalid, ineffective, null, voidable, inapplicable or contrary to law, the rest of the clauses will remain in force. The provision in question will be superseded by the valid and enforceable provision that most accurately reflects the intent and purpose of the parties to the extent legally permitted.

COMMERCIAL COMMUNICATIONS

According to current legislation on Information and Electronic Commerce, the user accepts that Isbilya Subastas S.L. may send you commercial advertising and promotional communications related to your activity and/or related services, unless you indicate otherwise by requesting it in writing and providing a photocopy of your National Identity Document to the postal contact address indicated.

JURISDICTIONAL JURISDICTION AND APPLICABLE LAW

The parties (the Chamber, the bidders, the successful bidder and the seller), expressly renouncing any jurisdiction of their own that may correspond to them, except for those that the legislation determines as imperative, submit to the Jurisdiction and Competence of the Courts and Tribunals of Seville and in accordance with Spanish law for any matter related to the auction or regarding the contractual relations arising from it.

1.- Conditions of SALE in Auction:

IDENTIFICATION OF SELLERS:

People who wish to sell their property at auctions organized by the Chamber must present, in addition to the form corresponding to the completed Sales Order, the following documentation: • In the case of natural persons, their D.N.I. or valid identity document provided with a photograph. If the sale or deposits are made on behalf of a third party, you must provide written authorization accompanied by D.N.I. or valid identification document assuming the veracity and responsibility for said authorization. • In the case of a legal person, the public deed of incorporation, card accrediting the Tax Identification Number (N.I.F.) as well as a document that proves sufficient powers to act on behalf of the company.

DEPOSIT OF GOODS AND EXPENSES

The transferor guarantees that it is the owner of the deposited goods or that it is validly authorized by the legitimate owner, being able to dispose of them free of claims, charges and other encumbrances. ISBILYA AUCTIONS S.L. (hereinafter the Room) reserves the right to admit or reject the goods that are offered for auction or direct sale. Once an asset has been admitted by the Chamber and delivered by the seller, the latter will become its depository and will proceed to its expert evaluation and appraisal.

INSURANCE POLICY

ISBILYA AUCTIONS S.L. is the holder of an insurance policy to cover possible damage or loss of the deposited goods, guaranteeing the value agreed as the starting price, less the commission.

AUCTION STARTING PRICE / DIRECT SALE (Face-to-face – online)

The starting price at auction of each lot or base for direct sale, as well as the method of sale (auction room, online auction and/or direct/online sale) will be determined by mutual agreement between the room and the Seller and represents the minimum sale price of each unless a Reserve Price has been established (minimum value below which the lot cannot be sold). The starting price or base price for the sale of each lot will be specified in the corresponding reception file/sales order and in the catalogue.

TRANSPORTATION

The transport of the goods to be auctioned to the facilities of the Room will be carried out by the seller at his own risk. In the event that said service is requested by the seller, the expenses incurred in packing and transporting the goods to be auctioned will be borne by the seller and must be paid in advance.

RIGHT OF REPRODUCTION

With the Sale Order or with the deposit of the property, the seller grants the Room full right to photograph and film the property whose sale is entrusted to them and to reproduce the same at their discretion and discretion. The costs of management and inclusion in the catalog, as well as their reproduction through engravings or photographs, will be borne by the seller or depositor according to the following rate (VAT not included):

LIQUIDATION TO THE SELLER

The Room, once the lot has been awarded, will pay the seller the corresponding amount, after deducting the commission agreed for the services provided by the Room, the expenses incurred, if any, copyright -if applicable-, and the corresponding taxes, from thirty days (30) following the date on which the auction was held, provided that the lot is paid for by the successful bidder/buyer (except for those cases in which the right of first refusal is exercised by the Administration in which case the procedure and deadlines provided for by law will be applied).

 UNSOLD LOTS

The lots auctioned and not awarded in the session scheduled for that purpose or in the fifteen days after the exhibition and sale will be automatically consigned in direct sale in the different media, systems and electronic and commercial supports of Isbilya Subastas S.L. or/and other companies of the group of companies to which it belongs and may be sold for the Starting Price / Direct Sale agreed with the seller. The seller has a period of fifteen (15) calendar days to withdraw the lots not awarded at auction or sold through direct sale, counting from the date of the session in which they were auctioned. After this period, the seller must pay, for storage and custody expenses, the amount of two (2) euros per day per painting and object, and three (3) euros per day for the rest of the movable property. Likewise, after the period of two (2) months, the Room is expressly authorized by the seller so that, as mediator and without the need for prior notice, it can proceed to a new auction of the same, being able to automatically lower the Auction Starting Price and the Direct Sale Price set at thirty percent (30%) - being able to repeat said reduction successively every two (2) months-. In the event that the Seller has agreed with the Room to include the unsold lots in an upcoming auction or sales campaign, no storage costs will be generated.

EARLY WITHDRAWAL OF THE LOTS

If the seller proceeds, on his own initiative, to withdraw the lots before the auction is held, he must pay the brokerage commission of 18% plus the I.V.A. on the agreed starting price.

ORGANIZATION OF BATCHES

The Room reserves the right to organize the lots, change them or subdivide them into several, according to its criteria. You may also freely combine two or more lots and withdraw them prior to the auction at your discretion.

ORGANIZATION OF THE AUCTION

The organization of the auction will be the responsibility of the Room, which will set the date and time of the auction, the lots it includes, their order and other circumstances, being able to freely carry out variations in this regard.

2.- PURCHASE

Conditions at Auction:

BUYERS / IDENTIFICATION OF THE BIDDERS

Those who wish to participate in the auction must present: • In the case of natural persons, their D.N.I. or valid identity document provided with a photograph. If you place the bid on behalf of a third party, you must provide written authorization accompanied by D.N.I. or valid identification document assuming the veracity and responsibility for said authorization. • In the case of a legal person, the public deed of incorporation, card accrediting the Tax Identification Number (N.I.F.) as well as a document that proves sufficient powers to act on behalf of the company.

AWARDING OF LOTS

The lots will be awarded to the highest bidder. The Chamber will designate a director of the auction, in charge of the direction of the auction, who will be the one who awards the lots to the highest bidder, who will be automatically linked to the payment of the lot for the amount of the bid made, plus taxes, commissions and accrued expenses. , not being able to withdraw from it. The state may exercise the right of first refusal and withdrawal on all the works included in the auction.

COMMISSION OF THE AWARDEE IN FAVOR OF THE ROOM

On the auction price, the buyer/awardee will pay twenty-five percent (25%) + I.V.A.

PAYMENT AND STORAGE FEES

The buyer/awardee must proceed to the payment and withdrawal of the lots and the satisfaction of the commissions, expenses and applicable taxes within a maximum period of ten (10) calendar days, after which the default interest established in the current Law will accrue. . After this period, they will also accrue storage, insurance and custody expenses of two (2) euros per day per painting and object, and three (3) euros per day for the rest of the movable property.

DELIVERY

The Chamber will only proceed to the delivery of the awarded lots once they, and the amounts accrued due to them, have been paid in full.

ACCEPTED PAYMENT METHODS:

• Cash up to the maximum amount legally admitted.

• Credit card • Bank transfer to Isbilya Subastas de Arte S.L. CAIXABANK: ES27 2100 2470 5102 0020 5282 ONE BOX: ES31 2103 0168 2500 3001 23 87 SABADELL BANK: ES21 0081 5528 3200 0115 3417

• Confirmed bank check.

BIDS AT AUCTION

People who wish to bid in the auction must fill out a request form for the pallet accrediting their purchases and in accordance with the conditions of the auction at the tables designated for this purpose, where they will be given the corresponding pallet number.

WRITTEN BIDS AND TELEPHONE BIDS

Both written and telephone bids may be made by filling out the forms provided for this purpose by the Room. In the event that several written bids of the same amount are received for the same lot, priority is given to the oldest. Likewise, in the event of a tie between a bid made in the Room or by telephone and an offer made in writing, the latter will have preference. The bids in writing will be defended by the Director of the auction or the staff of the Room up to the limit set in the same, trying to award the lot offered at the lowest possible price that the other bids and reserve prices allow if they had been established. This system will not determine that it is a distance sale in accordance with the provisions of article 38 of the Retail Trade Regulation Law. The Room reserves the right to refuse written bids received after 2:00 p.m. on the day of the auction, without the need for justification. On the other hand, telephone bids will only be allowed for lots whose starting figure is equal to or greater than five hundred (500) euros. The order to participate by telephone implies that the bidder undertakes, at least, to cover the starting figure.

DISAGREEMENTS

In case of doubt or disagreement about the award or auction price between two or more bidders or bidders and, in general, any difference between the bidders in an auction, it will be settled by the Director of the auction, who will determine who the lot belongs to. unappealable. In addition, if the Director of the auction does not resolve the disagreement or the difference between bidders on the fly, the Room will have the power to proceed to a new auction of the lot in question.

 EXPOSITION

During the exhibition period prior to the holding of the auction, the buyer will be able to verify and expert himself, the state of the pieces that are of interest to him, as well as verify that the cataloging is reliable and form his own opinion in this regard. The data and information contained in the catalog represent a judgment/opinion of good faith resulting from the study and investigation of the experts of the Room and taking into account the statements of its owners and/or sellers. However, the Chamber does not assume any responsibility regarding the certainty and accuracy of the same, considering the catalog as a mere non-binding guide. The lots will be auctioned in the state in which they are found, and claims related to damage, breakage or restorations that already existed during the exhibition will not be accepted.

INFORMATION SERVICE

The Room makes available to the client, a service made up of the heads of each department, who will report on the state of conservation or any other information related to the lots included in the auction catalogs and/or in direct online sales: • Face-to-face auction: during the days and hours of the exhibition • Auctions and online sales: during opening hours In both cases, these services to the public will be provided in accordance with the principles of good faith and reasonable and well-founded criteria without assuming any responsibility for the information and opinions provided.