Marbella Online Art Auction

Terms and Conditions
General Terms and Conditions for The Art Company of Costa del Sol S.L.
Article 1. Definitions
Website: The website www.marbellaonlineartauction.com, which is maintained by ‘The Art Company of the Costa del Sol S.L.’ with its registered seat in Estepona, Malaga, Spain.
User:
The one who has registered on the website. Personal details: The details provided by the user that are traceable to his on her person, including name/address/city of residence details and e-mail address.
The Art Company of the Costa del Sol:
The Art Company of the Costa del Sol S.L. and/or its subsidiary/ies or sister company/ies as reported on the website.
Registration:
The registration of user on the website through filling in completely the registration form found on the website.
Bid:
Each amount bid by user in the auction for a lot.
Lot:
An article, or a number of articles that are auctioned together (under one number).
Auction:
The public sale of moveable goods organized by ‘The Art Company of the Costa del Sol S.L.’ via de internet.
Purchaser:
The user to whom the lot is allocated.
User’s Agreement:
The agreement between ‘The Art Company of the Costa del Sol’ and the user.
General Terms and Conditions for the user:
These general term and conditions.
General Terms and Conditions of the online auction:
The additional, supplementary to or in departure from the General Terms and Conditions for the user, valid terms and conditions for participation in an auction.
Specific Terms and Conditions of the online auction:
The additional, supplementary to or in departure from the General Terms and Conditions for the user and the General Terms and Conditions and the online auction, valid terms and conditions for parti in a specific auction, as reported on the website for the auction in question.
Article 2. Applicability
2.1
The General Terms and Conditions for the user are applicable to the relationship between the user on the one hand and ‘The Art Company of the Costa del Sol S.L.’ on the other in the use of the website. In addition, the privacy statement of ‘The Art Company of the Costa del Sol S.L.’ obtains. It is the responsibility of the user to consult the privacy statement of ‘The Art Company of the Costa del Sol S.L.’ regularly on the website.
2.2
The applicability of General Terms and Conditions other than the present terms, the Specific and/or the General Terms and Conditions of the online auction is excluded.
Article 3. User’s Agreement
3.1
3.1The user’s agreement arises through registration on the website and places the user in the position to follow the progress of auctions on the website, among other things. The user’s agreement cannot be transferred to another party. In the registration the user provides his personal details to the ‘The Art Company of the Costa de Sol S.L.’ and choose his own password for access to the website.
3.2
The Art Company of the Costa del Sol S.L. confirms the registration by email to the user at the e-mail address submitted by the latter, after which the user has access to the auction by means of his password. The user is obligated, after gaining access to the website, to behave decently and not to damage the website or other users of the website. The user is laible for all actions that occur on the website after he has gained access by means of the user’s password.
3.3
The user guarantees the accuracy and completeness of the Personal Details supplied during Registration. If the personal details change at any time, the user is obligated to inform ‘The Art Company of the Costa del Sol S.L. of this change.
3.4
The Art Company of the Costa del Sol S.L. Reserves the right to refuse and/or terminate the right to registration unilaterally.
3.5
The Art Company of the Costa del Sol S.L. Enters the personal details acquired by it into administrative records kept for that purpose. Through ’Registration’ on the website, the user gives permission for the use and filling of the Personal Details registered.
3.6
The user is forbidden to duplicate the website or any part thereof or to make it available (via deeplinks or in any other way) without prior written permission from ‘The Art Company of the Costa del Sol S.L.’
3.7
Through a (one-time) Registration, the user accepts the General terms and Conditions for the user for every time that the user logs on the website, regardless of wehether he makes any bids.
Article 4. The Auction
4.1
The Art Company of the Costa del Sol S.L. reserves the right to cancel an auction, to terminate an auction earlier than reported on the website or to extend one. In case of a technical malfunction of the website, causing it to be not completely accessible and/or inaccessible to users, The Art Company of the Costa del Sol S.L. has the right to extend the auction by 24 hours.
4.2
The user states by his Registration that he is familair with and agrees with the special cirumstances of an internet auction and with the technical imperfections that can arise. The Art Company of the Costa del Sol S.L. denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the website, unless there has been deliberate or conscious negligence by ‘The Art Company of the Costa del Sol S.L.’ More particularly, ‘The Art Company of the Costa del Sol S.L.’ accepts no liability for any damage whatsoever that arise in any way by or from:
• Actions performed by the user that may been inspired by the information placed on the website.
• The impossibility of using the website (completely) and/or malfunction in the website or the supporting system.
• The Lots not meeting the specifications as reported on the website.
• The fact that the information on the website is incorrect, incomplete or out of date.
• Errors in the software of the website and/or the supporting system.
• The unlawful use of systems, including the website of ‘The Art Company of the Costa del Sol S.L.’,by a third party.
Article 5. Security
5.1
The Art Company of the Costa del Sol S.L. strives, in accordance with the requirements of reasonableness, to secure its its systems against loss of data and/or against any form of unlawful use and implements the appropriate technical and organizational measures, whereby account is taken of the status of the technology, among other things.
5.2
However, The Art Company of the Costa del Sol S.L. is not liable for loss of data, damage to files, unlawful access to computers or files, viruses spread via the website or other unlawful programmes or files or any other consequence of the use that is made of the website.
5.3
The website can contain links to other websites. The Art Company of the Costa del Sol S.L. has no authority over such sites and is not liable for the content of those sites.
Article 6. Description of Lots
6.1
The Art Company of the Costa del Sol S.L. and the one who has commisioned the auctioning of the lot strive for all posssible accuracy and clarity in the description of a lot on the website, in auction catalogues, other auction brochures, advertisements and similar documents, without accepting any liability for damage arising from inaccurate or incomplete descriptions or any other damage.
6.2
Unless explicitly stated otherwise in the Specific Terms and Conditions of the online auction, lines, cables and/or other connections for energy, control or production that are situated on or in a lot are sold only to the first valve, fitting or attached identifying mark. Underground or built-in-connections are never part of the lot, unless explicitly stated otherwise in the Specific Terms and Conditions of the online auction.
Article: 7. Liability
7.1
The liability of ‘The Art Company of the Costa del Sol S.L.’, if and insofar as the other remaining stipulations of the General Terms and Conditions for the user and (if applicable) of the General and Specific Terms and Conditions of the online auction are applied, will still be limited to the amount to which the liability insurance in of ‘The Art Company of the Costa del Sol S.L.’ in the instance in question, increased by the amount of excess according to the policy in question, or, if it is less, to the invoiced amount that is involved in the commission. This limitation does not apply in the event of deliberate or gross negligence by “The Art Company of the Costa del Sol S.L.’
7.2
The Art Company of the Costa del Sol S.L. is not liable for indirect or consequential loss. Futher, all liability of ‘The Art Company of the Costa del Sol S.L.’ in connection with any defect in the lot(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded. The Art Company of Costa del Sol S.L. and Marbella Online Art Auction.com is not responsible for lost or damage during the transportation time by third party.
7.3
In consulting with third parties, ‘The Art Company of the Costa del Sol S.L.’ will take the necessary caution into consideration. The Art Company of the Costa del Sol S.L. is also not liable for possible shortcomings of these third parties.
Article 8. Adjustments. Effect
8.1
If and insofar as many stipulation of the General terms and Conditions for the user is null and void or is nullified, the remaining stipulations of the General Terms and Conditions for the user will remain undimished in force. ‘The Art Company of the Costa del Sol S.L.’ will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.
8.2
In addition to these General Terms and Conditions for the user, ‘The Art Company of the Costa del Sol’ can declare the General Terms and Conditions and Specific Terms and Conditions of the online auction to be applicable. This needs to be confirmed by the user before the auction. In the event of contradiction, that which is stipulated in the General or Specific Terms and Conditions of the online auction will be given preference above that which is stipulated in the present General Terms and Conditions for the user.
8.3
Departures from these General Terms and Conditions for the user can occur solety insofar as this is fixed in writing an authorized representative of ‘The Art Company of the Costa del Sol S.L.’
8.4
The Art Company of the Costa del Sol S.L.’ reserves the right to amend these General Terms and Conditions for the user. Amendments will take effect 24 hours after they have been announced to user by email.
Article 9. Applicable law
9.1
Spanish law id applicable to these General Terms and Conditions for the user and to the legal relationships that are associated with the auction.
9.2
The Spanish text of the General Terms and Conditions for the user is the original text. In the event that the General Terms and Conditions for the user are used in several languages, the Spanish text will therefore be given preference in case of lack of clarity or contradictions.
9.3
The Court of Estepona is authorized (subject to the possibility of appeal and to laws that state otherwise) to decide in differences arising from the General Terms and Conditions for the user, to the exclusion of every other instance.
9.4
The sizes of paintings are approximate and include the frame. We do not give any guarantees of authenticity for stamps, porcelain, paintings and other lot numbers unless it is in the description. We do not send additional pictures or information, all the necessary information is included in the description of each lot. For mechanical items such as all type of clocks, watches and musical instruments we do not guarantee the working of movements, the originality and all related.
9.5
DEAR CLIENTS, IT IS YOUR RESPONSIBILITY TO SATISFY YOURSELF AS TO ALL MATTERS WITH REGARD TO ANY LOT AND BID ACCORDINGLY.
9.6
Insurance is not included and available. The buyer must arrange their own insurance.
9.7
Transport and sending costs are not included. PLEASE ASK BEFORE YOU START BIDDING ON A LOT NUMBER.
9.8
We sell on behalf of third party, we describe the lots according to the information the sellers / suppliers.
9.9
Private viewing is NOT possible, the lot numbers can only be viewed online/internet.
Extra information
Do you have any questions about the General Terms and Conditions form please contact: info@marbellaonlineartauction.com