Terms and conditions of purchase
The use of services and products from www.sedart.com constitutes the acceptance of the following general terms and conditions:
Regulations
The present General Conditions are governed by Spanish Law 7/1998, of 13th April, regarding General Conditions of Contracts, by Royal-Decree Law 1/2007, of 16th November, in which the revised text of the General Law of Consumers and Users and other complementary laws is approved, by Spanish Law 34/2002, of 11th July, on information society and ecommerce services, by Organic Law 3/2018, of 5th December, on data protection and the guarantee of digital rights, and Spanish Law 7/1996, of 15th January, on retail commerce regulations.
Modifications to General Conditions
SETDART ONLINE S.L. shall modify the General Conditions anytime to improve the products and services at www.setdart.com. The duty to notify would be understood by the modification of the General Conditions of www.setdart.com.
Before using the services or contracting the products, the Company recommends referring to the General Conditions.
Description of products and services
Setdart Subastas is an auction house with three sites in Barcelona, Madrid and Valencia. The Company object is auction sales of art, antiquities, collectors’ items and other artistic objects of a similar nature, through www.setdart.com or in person, entrusted to Setdart to that end.
Setdart Subastas and its tax entity Setdart Online S.L. act as intermediaries between the owner/seller and the buyer of each lot.
Register as a User
You must register as a User to bid in Setdart. To register, you should accept these General Conditions and the Privacy Policy. You should then click on the link “Register as user” from the homepage and fill in your personal details. The form will assign you a “Numeric code” and you should introduce your “password”. This protects your privacy and authentication when bidding. You will see your bidding history and your user code when making an offer if connected and identified as a user, but not your name or surname. The bidding will only be entered in the system once you have introduced the correct user and password.
Your personal details must be authentic and correct. Setdart will cancel the user’s registration in the event of any misrepresentation or manipulation of your personal details.
Once the form with your correct details has been sent, Setdart will accept you as a User and will email you a link to validate your registration. You will also receive a phone call to validate your registration and bid.
Registration as a User gives you the right to receive the News Bulletin that Setdart sends weekly to its users via email with the main updates.
You shall be able to bid on the site once Setdart has approved your user registration. Please remember that you should always be connected as a User to bid.
Pricing: Estimates and reserves
Setdart has adopted an auction system based on estimates and reserves; a more flexible system that brings the offer closer to the demand.
Most auction pieces have a reserve price, a minimum confidential fee agreed between the seller and Setdart.com.
Since lots don’t have a reserve price, they can be sold whenever there is a bidding, whatever the value.
During the last minute of the auction of each lot, Setdart’s bidding system indicates if the last offer has not reached the reserve price in the bidding history and invites and allows bidders to continue their bid if they would like to be awarded the lot. The system will admit, in such cases, that the same bidder exceeds their last offer to reach the reserve price and be awarded the lot. When the auction is over and the timer indicates “This auction has ended”, Setdart will communicate immediately if the lot has been awarded.
Bidding
Bid scaling offered for each lot should be followed. You can bid for the amount that appears in the box or you can bid for a higher amount selecting the amount with the bid amount arrow. If an amount is selected, it would be considered an “Auto-bidding”. Auto-bidding is an automatic bidding system that allows you to record your maximum bid. Our system introduces the minimum amount needed and it will only bid on your behalf until it reaches the maximum amount set by you, if needed. The Auto-bidding will also be activated if the reserve price is not reached. If there are two bids for the same amount, the AUTO-BIDDING will take precedence since it would have been made before.
Whenever you bid in Setdart, the system will offer a simulation of a proforma invoice with the total amount to be paid including the auction house fee plus VAT when awarded a bid. Your bidding will only be entered when you ‘accept’ the proforma. You can choose to avoid this step and enter your biddings without visualising the proforma invoice via “Express Bidding”.
The auction lots have a reserve price, a confidential minimum price between the consignor or seller and Setdart. If the last bidding does not reach the said reserve price at the end of the auction, the lot will not be awarded and will therefore not be sold. Before the auction ends, the seller could lower the reserve price to accept or get closer to the current offer. Hence, the reserve price established could be reduced with the consignor’s consent.
Each lot has low and high estimates that represent the opinion of Setdart’s experts regarding the price range a lot can be sold for at an auction. Estimates are based on the review of a lot or article and the market price of similar artworks. These estimates offer buyers a preliminary indication of the value of the piece and are used as a base to establish the reserve price, but they are not binding under any circumstance and express only the experts’ opinion. The buyer should know that if the low estimate is matched or exceeded, the minimum price or reserve price of the lot will have been reached. This does not mean that the reserve price matches the low estimate, since the reserve price could be lower.
Setdart also offers lots with no reservation fee that can be sold whenever there is a bidding of any value.
Any bidding made by the sellers themselves or through third parties on their own lots aiming to increase the value of the awarded lot and not to buy it is strictly prohibited. Setdart reserves the right to cancel the user account(s) immediately to that end and eliminate the auction lot(s) of the seller should that be the case.
When a lot hasn’t reached the reserve price before the end of the auction, Setdart’s bidding system indicates if the last offer has not reached the reserve price in the bidding history inviting and allowing bidders to continue their bid if they would like to be awarded the lot. The system will admit that the same bidder exceeds their last offer to reach the reserve price and be awarded the lot in such cases. When the auction is over and the timer indicates “This auction has ended”, Setdart will inform if the lot has been awarded or hasn’t reached the reserve price. The lot will then change to the “Direct Sale” category and the user will then be able to buy it.
If a lot has been awarded to you, an email will be sent informing you at the end of the auction day. The next day, you will receive a budget or “proforma” invoice for payment. The payment terms are within seven business days.
The budget or proforma invoice includes the hammer price, and the auction house fee of 21 % plus VAT. When contracting packaging and shipping with Setdart, this will also be included in the budget according to the nature of the lot and the destination. Shipping costs are subject to VAT.
As a Setdart User, you can request editing your details, user name and password in the site area “My details” to make a bidding. You can access all the updated information on biddings, buying, selling and payment in “My Setdart”. If you would like to cancel your registration, please contact us via email or call us.
You don’t have to be registered as a user to access our site, but certain areas like “Awarded lots” might only be accessible when you connect as a user.
User registration is free of charge. As a member of a community with a common interest, the sole requirement is that you must agree to the rules and procedures.
Once registered, the User agrees to use Setdart.com for the purpose it was established and act in accordance to current legislation, subject to the privacy policy and moral standards of the site. Setdart reserves the right to suspend or delete the user’s account without prior notice and the right to any compensation in the event of non-compliance with these conditions and rules.
Problems with Auctions
Any connectivity issues o problems accessing the service of Setdart shall be notified to the last bidder and published in the site of Setdart.
Setdart reserves the right to cancel the affected auction or to extend the auction to the next day to ensure that all users can have access.
The auction lots are shown on the site as a complete listing with images. The images can be zoomed to get full detail from lots. Setdart Subastas offers consultancy through our specialist team to inform you of the conservation of the pieces, their artist or any other information the User might request. The consultancy service shall be offered according to the fair judgement of each expert, but shall not be liable and the buyer shall therefore rely on his/her own judgement.
Data from the image gallery related to the artist, age, origin and condition of the lots is included after careful research, review and consultancy, but Setdart Subastas will not be liable for their accuracy. The stakeholders shall hold their own opinions on the pieces before the auction ends. If the user or buyer wishes to see the lot in person, they can request Setdart Subastas to make it available.
Payment methods
When paying for lots, you can do so with credit or debit through our site. Banco Sabadell offers a Virtual POS terminal, an online payment gateway to pay online for lots by card easily and safely.
Banco Sabadell’s online payment platform includes the system CES (secure electronic commerce) that under the international protocols Verified by Visa and MasterCard SecureCode offers high security and protection in all transactions. Additionally, a Virtual POS is set up with secure limitations called “velocity checks”.
When operating from abroad, you can make payments in your local currency. Our online payment platform offers a multicurrency service. The virtual POS terminal site is also available in Spanish, Catalan, Valencian, Galician, Basque, English, French, German, Portuguese, Dutch, Polish, Italian and Swedish.
Additionally, you have the option to pay at Setdart’s offices/auction houses in cash according to the limits established by Spanish legislation for cash payments, or by debit or credit card. You can also make a bank transfer to our bank account.
Cancellation policy
As a buyer, you can cancel any purchases within fourteen days of the hammer date, only in the event of the pieces not corresponding with the listing or having significant defects not mentioned in the description or images. The non-authenticity of the object must be well-founded and justified by an expert. The piece should be returned in the same condition it was shipped to one of Setdart’s auction houses.
Setdart reserves the right to cancel the User’s account if a purchase has been cancelled by the user for any reason other than the above, when harm is caused to the seller, the previous bidder and the Company.
Setdart shall act as an intermediary and return any payment made for the purchase of the object. Shipping costs when picking and delivering the piece and any other expense other than the hammer price plus the fee and VAT, shall be paid for by Setdart if the terms and conditions set out have been met.
Any claims made by the buyer for inaccurate or false data on the piece shall be solely addressed to the seller. Setdart will not assume any responsibility for the authenticity of the piece and will act only as an intermediary for the sale.
Compensation or reparation for those pieces auctioned or purchased that have been lost, stolen or no longer auctioned or cancelled shall not be claimed under any circumstance. The refunded amount shall be limited to the price of the awarded object.
Setdart Online, S.L. will not accept responsibility under any circumstance for any damage caused when shipping the auction lot(s). Setdart Online, S.L. shall only be responsible when the piece suffers damage at any of Setdart Online, S.L. auction houses.
Claims on the purchased lots shall not be made after 15 days of the hammer date.
The stakeholders, buyer and seller, must comply with the Law on Cultural Heritage, the General Taxation Law and the Copyright Law.
Indirect taxation when buying from private individuals.
Auction purchases made from private individuals are subject to the current inheritance tax regulation of the region where you have your tax residence at the time of purchase through the form provided, generally Form 600.
Setdart Subastas’ operations are subject to the provisions of Spanish Law, and more specifically, the provisions governing mediation and deposit contracts.
Shipping and delivery of pieces.
Once you have paid for your purchase, Setdart will proceed with the packing and shipping of the piece upon request. We will also arrange for any permits or export fees if required. The shipping time may vary depending on the packaging, any special permits needed, and the availability of the item at the auction house. For requests to group lots together to reduce shipping costs, we will wait to include the last purchased lot before shipping.
Our payment terms will remain the same and will not be affected.
There are several options for delivery:
- Collection at Setdart auction houses:
You can come and collect your purchased lots at our auction houses in Barcelona, Madrid and Valencia once you have been notified by email that they are ready for collection at your selected auction house. If someone collects the lot(s) purchased on your behalf, you should send us an email authorising the person collecting the purchase together with a copy of their identification or let us know by email. - Setdart’s Shipping:
At Setdart.com we have partnered with the Spanish shipping company MRW. Setdart will send you an email to let you know that your shipment is ready. MRW collection is usually at 6 p.m., except for express delivery. You should usually receive your shipment with MRW within 24-48 hours after delivery.
All items shipped by MRW include insurance of up to 3,000 euros of the hammer price. Any shipping claims must be made within 48 hours of delivery. There will be no insurance cover after that period. The original box should be kept to process your claim.
If you wish to receive your purchased piece at a different address, you should add it in the section “Alternative Shipping Address” in your ACCOUNT or notify us by email: [email protected]. - Your own shipping:
You can arrange your own shipping method. In this case, Setdart will only charge you for the packaging if requested. It is important to agree the collection date with the Company so that Setdart can prepare your purchase.
Additional insurance:
You can contact us if you wish additional insurance to cover the total lot amount and we will take care of this with an insurance company specialised in art objects and/or jewellery.
Copyright
The contents provided by SETDART ONLINE S.L. are protected by Industrial and Intellectual Property rights and are exclusively owned by SETDART ONLINE S.L. Buying a product or service from SETDART ONLINE S.L. does not grant the buyer any rights of alteration, exploitation, reproduction, distribution or public communication of the products and services. SETDART ONLINE S.L. reserves all these rights. These rights cannot be assigned without the prior written consent of SETDART ONLINE S.L. The client cannot share any of these contents with a third party.
The intellectual property includes the content from SETDART ONLINE S.L., together with its graphics, design, images and program source code.
Service use and liability
SETDART ONLINE S.L. will not be liable for the content of the links to other sites that are not owned and cannot be controlled by the Company.
Connection errors, unforeseeable circumstances and force majeure: SETDART ONLINE S.L. will not be liable for any errors, delays in the system or discrepancies related to general issues on the Internet, unforeseeable circumstances or force majeure, or any other unexpected problems unrelated to the good faith of the company. SETDART ONLINE S.L. agrees to deal with these contingencies with all the means at its disposal offering the necessary support to the USER to solve the issues as speedily and satisfactory as possible. Similarly, SETDART ONLINE S.L. will not be liable for any errors that could arise in the communication, deletion or incomplete transitions caused by these contingencies. The Company cannot guarantee that the site will function as a result of these circumstances, not attributable to SETDART ONLINE S.L., that cannot be fixed with the means at the Company’s disposal.
Site use terms: SETDART ONLINE S.L. will not be liable for any errors or damaged caused by the inefficient use of the services and the User’s bad faith. Similarly, SETDART ONLINE S.L. will not be liable for the greater or lesser implications of the lack of communication between SETDART ONLINE S.L. and the User due to the malfunctioning of the email address or the falsehood of the data supplied by the user upon registration.
Liability: SETDART ONLINE S.L. is liable for offering the services within the limits set up in the General Conditions of these services provided to the USER.
User liability.
Good use of the service: The USER shall make a good use of the service and must not act in bad faith, avoiding any actions prohibited by law and business practices. According to these General Conditions, SETDART ONLINE S.L. is entitled to inform the authorities when it becomes aware that the USER has acted or used the site illegally, and cancel the USER subscription or limit the user’s access to SETDART ONLINE S.L. The USER shall be solely responsible for any claims or legal, judicial or extrajudicial action initiated by any third party directly affected by the USER and shall bear all the expenses, charges and fees when the claim concerns SETDART ONLINE S.L. Similarly, SETDART ONLINE S.L. shall collaborate and notify the competent authority of these incidents when the Company is aware that the damage is caused by an illicit activity, particularly when the USER contents can infringe rights or the legal interests of SETDART ONLINE S.L. or third parties.
Due diligence: The USER is liable for carrying out all the required actions with due diligence. The USER shall be particularly diligent when it comes to the updating and truthfulness of the data provided, including the email provided at the time of purchasing as their main contact with SETDART ONLINE S.L.
Seller liability.
The seller shall be liable for the ownership of the goods sold and, in any event, it warrants being authorised by the legal owner to dispose of such goods free of charges or other encumbrances and prove this when needed.
The seller transfers the rights to Setdart Online, S.L., that will act as an intermediary to sell the related objects listed in the document “Objects for auction sale” on its site. The Company agrees not to transfer the sale rights to a third party, company, auction house or website while in possession of these rights.
The seller should communicate Setdart.com all relevant technical or commercial information of the objects for auction at its disposal. Any inaccuracy related to the real details of the object, will allow Setdart Online, S.L. to eliminate the lot from the auction with immediate effect. Setdart is a company authorised to act as an intermediary to sell an object. Prior to the sale, the seller should certify the authenticity and truthfulness of the piece and Setdart will not be liable.
The seller, when transferring the object, and Setdart will agree the minimum sale price for the object. Setdart shall not sell the object below that price, except with the express permission of the seller. In general terms, Setdart will not accept lots below €250, and in the event of accepting them, the fee will be different.
The seller transfers all rights to Setdart Online, S.L. to photograph, exhibit and reproduce graphically, in printing or by other electronic means, the objects listed in the auction transfer form. Similarly, the seller transfers all rights to Setdart Online, S.L. to use the images for advertising. Setdart Online, S.L. will own all rights and property of the images.
Setdart shall deduct the corresponding fee agreed once the object is sold plus the corresponding VAT. All sold artworks subject to the Spanish Intellectual Property Law 22/87 will be deducted of the tax payable by the seller set out by the law.
The seller shall be liable for the shipping costs to Setdart. Each party shall be liable for their corresponding fees according to the current Spanish legislation.
The seller shall not pay more fees in addition to the aforementioned fees. Setdart shall be liable for all insurance fees for the deposit, listing, photography, storage and advertising of the object. The seller shall be liable solely for these fees only if mutually agreed with Setdart in the event of restauration, cleaning, framing, etc. of the object or consultation with an external expert involving a fee, independently of the object being sold.
In the event of objects being left by the seller at one Setdart’s houses, the lots not sold and not withdrawn by the user within thirty days of the auction, will incur a storage fee of €30 per piece of furniture and €15 week for other pieces. Setdart shall be allowed to reauction the piece with no reserve price after three months.
Payment for the auctioned lots should be made to the seller within 30 days from the date Setdart receives payment from the buyer, on the 15th and 30th of each month. Setdart shall make all necessary arrangements to obtain all payment due from the buyer and shall inform the seller to this end. The seller might decide to reauction the lot or sell it to the next bidder if these arrangements fail.
In the event of deficiencies, imperfections or errors being omitted or hidden when describing the artwork, the piece shall be returned to the seller and the sale cancelled. The seller must return the full amount to Setdart Subastas (including any fees if the piece has been paid and all administrative and shipping fees).
Both parties, buyer and seller, must comply with the provisions of the Law in Cultural Heritage, the General Taxation Law and the Intellectual Property Law.
Auction purchases made from private individuals are subject to the current inheritance tax regulation from the region where you have your tax residence. The buyer should therefore pay the corresponding fee according to the tax rate at the time of purchase, through the form provided, generally Form 600.
All operations in which Setdart takes part are subject to Spanish Law and, more specifically, the provisions governing mediation and deposit contracts.
All these conditions form part of the agreement the seller must sign at the beginning of the sale process of a piece in Setdart Subastas.
Privacy and Data Protection
According to the Data Protection Act (LOPD) 15/1999, and its implementing provisions, and LSSICE 34/2002, of 11th of July, on information society and ecommerce, SETDART ONLINE S.L. informs all users that provide or will provide their personal data in compliance with articles 5 and 6 of the Data Protection Act that such data will be incorporated into a personal data file that is duly registered with the Data Protection Agency.
Users agree freely and unmistakably that their personal data will be handled by SETDART ONLINE S.L. for the following:
– Sending of commercial communication by email, fax, SMS, MMS, social media or any other current or future electronic means that will allow commercial communications in the future. Those commercial communications will be related to the products and services offered by SETDART ONLINE S.L. and the collaborators or partners they have a commercial agreement with. In this event, the third parties shall not have access to the personal details. All commercial communication provided by SETDART ONLINE S.L. will be for the products and services related to SETDART ONLINE S.L.
– Statistic purposes.
– Orders, petitions or any requests from the user through any of the forms available at SETDART ONLINE S.L.
– Sending the newsletter to the users subscribed.
SETDART ONLINE S.L. informs and warrants users that their personal details shall not be transferred to third parties, and that, if a cession of information were to be made, the specific, informed and unequivocal consent of the holders would be requested in advance.
All data requested through SETDART ONLINE S.L. must be given for the provision of an optimal service to the User. SETDART ONLINE S.L., does not warrant that the information and services will meet your needs.
SETDART ONLINE S.L. entitles users to access, rectify, cancel, assess and oppose to their information, subject to the provisions of the legislation in force. You shall exercise your rights according to Organic Law 15/1999 for Data Protection by requesting it in writing together with a copy of your identification through the following:
- E-Mail: [email protected]
- Mail: C/ ARAGÓ, 346 – 08009 BARCELONA.
- The user could also unsubscribe from any subscription services by sending an email to: [email protected].
Similarly, SETDART ONLINE S.L. has adopted all technical and organizational means to ensure the security and integrity of all personal data and avoid data loss, alteration and/or access by non-authorised third-parties.
Nullity or ineffectiveness
The declaration of any of these General Conditions as fully or partially void, invalid or ineffective will only render the provision(s) declared void, null or ineffective and it will not affect to the validity or effectiveness of the remaining General Conditions, which will remain in effect. That provision shall be deemed severable from the remaining provisions and shall not affect their validity and effectiveness.
Notifications
All notifications, requirements, requests or other communications by any party related to the current General Conditions must be in writing and handed over or send by post or email to the other parties to their address or any other addresses or emails provided by the parties.
Current legislation and competent jurisdiction
These General Conditions are governed by Spanish legislation under the jurisdiction of Spanish courts for any issues arising from their interpretation, application or fulfilment. In the event of any discrepancies or disagreements between the parties concerning the auction, the seller, the buyer and Setdart Online S.L. expressly waive any other applicable jurisdiction and submit themselves to the courts and tribunals of Barcelona, Spain.
You can send us an email to [email protected] if you need further details.