Auction Terms & Conditions

1. PARTICIPATION AND BIDDING

1.1. Eligibility and Registration
All bidders must register through the relevant bidding platform and provide any information or documentation reasonably requested by A & A.
Registration with or approval by a bidding platform does not oblige A & A to accept any registration or bid.
A & A may refuse or cancel a registration, restrict participation, reject a bid, or refuse future business with any person, to the extent permitted by applicable law.

1.2. Online Bidding
Online bidding is conducted on auroraathena.com — by leaving a bid on a lot page before the auction, or through the A & A live bidding console during the auction — and through the third-party platforms LiveAuctioneers, Invaluable, BidSpirit, and Drouot.
Bidders using a third-party platform must comply with the terms and conditions of the relevant platform in addition to these Terms and Conditions.
The buyer’s premium differs according to where the bid is placed: see clause 3.3.

1.3. Auctioneer’s Discretion
The auctioneer has full discretion to:

1. refuse or reject any bid;
2. determine bidding increments;
3. reopen or advance the bidding;
4. withdraw a lot;
5. determine the successful bidder; and
6. resolve any dispute arising during or immediately after the auction.

The auctioneer’s decision shall be final, subject to any mandatory rights available under applicable law.

1.4. Identical Bids
If identical bids are received through one or more bidding platforms, the lot shall be awarded to the bid received and accepted first, as determined by the auctioneer.
In the event of any dispute concerning the timing, validity, or priority of a bid, the auctioneer’s decision shall be final.

1.5. Online Platform Disclaimer
A & A shall not be responsible for any technical failure, interruption, delay, error, omission, loss of connection, or other malfunction affecting a third-party bidding platform or communication system, including any failure of a bid to be received, registered, displayed, or executed.
The auction records maintained by A & A and the auctioneer shall prevail in the event of any discrepancy with the records of a third-party bidding platform.

2. LOTS, RESERVES AND WITHDRAWALS

2.1. Reserves
Certain lots may be subject to a confidential reserve price agreed between A & A and the consignor.
The auctioneer may execute bids on behalf of the consignor up to, but not exceeding, the reserve price.

2.2. Withdrawal of Lots
A & A may withdraw any lot before or during the auction without liability to any bidder or other person.

2.3. Amendments to Lot Information
A & A may amend, correct, supplement, or withdraw any lot description, attribution, estimate, provenance information, condition statement, or other catalogue information before or during the auction.
Any announcement made by the auctioneer or published by A & A before the sale of a lot shall form part of the applicable lot description.

3. CONTRACT OF SALE AND BUYER’S PREMIUM

3.1. Contracting Parties
Unless expressly stated otherwise, A & A acts as agent for the consignor of each lot.
The contract of sale is made between the buyer and the consignor. Where a lot is owned by A & A, the contract of sale is made directly between the buyer and A & A.

3.2. Conclusion of Sale
The sale is concluded when the auctioneer’s hammer falls.
The highest bid accepted by the auctioneer at the fall of the hammer shall constitute the hammer price, subject to any applicable reserve.
The successful bidder becomes legally bound to complete the purchase and pay the total purchase price in accordance with these Terms and Conditions.

3.3. Buyer’s Premium
A buyer’s premium shall be added to the hammer price of each lot and shall form part of the total purchase price payable by the buyer.
The rate of the buyer’s premium depends on where the successful bid was placed:
(a) 25% for bids placed with A & A on auroraathena.com, whether left on a lot page before the auction or placed during the auction through the A & A live bidding console; and
(b) 30% for bids placed through a third-party bidding platform, including LiveAuctioneers, Invaluable, BidSpirit, and Drouot.
Both rates are inclusive of any applicable Spanish Value Added Tax (IVA).
The applicable rate is determined by the platform through which the successful bid was placed, and is stated on the invoice issued for the lot.

3.4. Bank Charges
The buyer is responsible for ensuring that all bank charges, transfer fees, currency-conversion costs, and other payment-related charges are paid in full so that A & A receives the complete amount invoiced.

4. RETURNS AND REFUNDS

4.1. The Five-Year Authenticity Guarantee

1. Subject to this Section, A & A guarantees, for five (5) years from the date of the auction at which the lot was sold, that a lot catalogued with an Unqualified Attribution is by the artist or maker so named. The Guarantee is engaged only by a materially incorrect attribution: a difference of an academic, technical or descriptive nature which does not materially alter the identity, authorship or market significance of the lot does not engage it. Where a lot is shown not to be as attributed, the buyer’s exclusive contractual remedy is rescission and refund in accordance with clause 4.8. The Guarantee is given in addition to the statutory rights preserved by clause 4.9.
2. An Unqualified Attribution is the naming of the artist or maker in the Heading of the catalogue entry without qualifying words. Qualified terminology — including “Attributed to”, “Circle of”, “Studio of”, “Workshop of”, “Follower of”, “Manner of”, “School of”, “After”, “Possibly by”, “Probably by”, “Signed”, “Bearing signature, inscription or date”, and expressions of similar effect — denotes a qualified statement of opinion in accordance with the Glossary and does not carry the Guarantee unless the catalogue entry expressly states otherwise.
3. The Guarantee is given to the original registered buyer alone and is not transferable. It may be invoked only by a buyer who has retained ownership of the lot since the sale and who is able to revest good and marketable title in A & A, free from any third-party interest, security, claim or encumbrance.
4. A determination that a lot is not authentic or not as attributed is a matter of scholarship and evidence and implies no fraud, bad faith or wrongdoing on the part of any person.
5. Any reference to the Guarantee in a catalogue, certificate, invoice, website or other material is a reference to this Section and takes effect subject to it. No such reference extends the Guarantee beyond the scope defined here.

4.2. Matters not covered
Unless expressly guaranteed in writing, the Guarantee does not extend to any statement as to date or period, dimensions, medium, materials, technique, edition, condition, restoration, provenance, exhibition history, literature, estimate or value, nor to the prospect of future inclusion in a catalogue raisonné or of acceptance by any institution or market participant. Nor does it apply where the catalogue entry or a saleroom notice disclosed a material divergence of scholarly opinion as to authorship.

4.3. Evidence required
A claim under the Guarantee must be supported by a reasoned written determination, made following substantive examination of the lot, which is materially inconsistent with the catalogue attribution and which emanates from:

1. the artist’s foundation, estate, archive or authentication committee, or another internationally recognised authority on the artist;
2. the author, editor or principal scholarly authority responsible for the accepted catalogue raisonné or the principal scholarly corpus of the artist; or
3. an independent laboratory in the European Union or the United States appropriately accredited for the analysis undertaken (under ISO/IEC 17025 or an equivalent standard where applicable), whose report identifies the methods employed, the material findings, any relevant limitations and its conclusions, and whose objective findings are materially incompatible with the attribution — as, for example, where pigments, supports or other materials are chronologically inconsistent with it. A laboratory qualified only to undertake technical analysis will not be treated as determining authorship.

A & A may accept other evidence of comparable authority, independence and rigour.

4.4. Evidence insufficient of itself
The following do not, of themselves, establish that a lot is not authentic or not as attributed: informal or oral opinions; expressions of doubt or reservation; an inability or unwillingness to confirm an attribution; a refusal to issue a certificate or to examine the lot; incomplete provenance or gaps in provenance; absence from a database, archive or catalogue raisonné unaccompanied by a substantive negative determination; disagreement among specialists; a refusal by any gallery, dealer or auction house to consign, sell, exhibit or handle the lot; the application of a different attribution by a later auction house; an inability to resell the lot; or a refusal made on commercial grounds. An inability to confirm authenticity is not equivalent to a determination that a lot is not authentic.

4.5. Commercially interested parties
An opinion given by an auction house, gallery, dealer, broker, prospective purchaser or other party having a commercial interest in the lot or in the outcome of the claim will not of itself engage the Guarantee. A & A will nevertheless consider such an opinion where it is substantively reasoned and corroborated by evidence satisfying clause 4.3. All evidence will be assessed by reference to recognised expertise, independence, the rigour of the examination undertaken and the absence of material commercial conflict.

4.6. Claim procedure

1. The buyer must notify A & A in writing within three (3) months after first becoming aware of substantive information reasonably calling the attribution into question, and in every case before the expiry of the five-year period. The notice must identify the lot and the sale and specify the catalogue attribution challenged.
2. The buyer must disclose every material expert opinion, report and scientific analysis obtained in relation to the disputed attribution, whether favourable or unfavourable and whether or not relied upon, together with the identity and qualifications of each expert and any material financial interest or success-based remuneration in connection with the matter. A & A need not accept a claim advanced upon selectively disclosed evidence.
3. The buyer must preserve the lot in the condition in which it was sold, retain all certificates, documentation and accompanying materials, and make the lot available to A & A for inspection and examination on reasonable notice.
4. Invasive or destructive testing requires A & A’s prior written agreement, which shall not be unreasonably withheld.
5. A & A shall be entitled, acting reasonably and in good faith, to review the evidence, inspect and examine the lot, consult relevant foundations, estates, archives, committees or scholars, obtain its own independent opinion and commission further technical analysis. No single opinion is of itself determinative; A & A shall assess the evidence as a whole and may require a further independent opinion where appropriate, in particular where there exists no recognised foundation, estate, archive or catalogue raisonné authority for the artist. A & A shall not withhold acceptance of a claim supported by cogent evidence satisfying clause 4.3, and shall communicate a reasoned decision within a reasonable period after receipt of the complete evidence and completion of its own enquiries.

4.7. Developments in scholarship and technique
The Guarantee does not apply where the catalogue attribution accorded with the generally accepted opinion of recognised scholars at the date of the auction and the claim rests solely upon a subsequent change of scholarly opinion, or upon analytical methods which were not generally available or generally accepted at that date, or which could not then have been applied without unreasonable damage to the lot. This clause does not apply to any deliberate misdescription or concealment, and does not affect the mandatory rights preserved by clause 4.9.

4.8. Consequences of an accepted claim

1. The sale is rescinded and A & A shall refund the Hammer Price actually paid and the Buyer’s Premium actually paid to and retained by A & A, together with any further sum which mandatory law requires to be refunded.
2. No refund falls due until the lot has been returned to and received at the location designated by A & A, in the condition in which it was sold, together with all certificates, documentation, labels, frames and accessories supplied with it, and good and marketable title has been revested in A & A free from any third-party interest, security, claim or encumbrance. Payment shall be made within a reasonable period thereafter.
3. Save as mandatory law requires, no other sum is payable, including in respect of shipping, packing, insurance, customs charges, duties, storage, expert or laboratory fees, bank charges, currency-conversion losses, financing costs, loss of profit or opportunity, or any change in the value of the lot. No interest accrues on an approved refund except as required by mandatory law.

4.9. Mandatory rights of consumer buyers
Nothing in these Conditions excludes, restricts or affects any right of a buyer contracting as a consumer which cannot lawfully be excluded or restricted under Spanish or Catalan law, including under the consolidated text of the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007), Law 22/2010 (the Catalan Consumer Code), Law 7/1996 on Retail Trade and applicable European Union law, including statutory rights in respect of conformity. The Five-Year Authenticity Guarantee is a contractual guarantee given in addition to, and not in substitution for, those rights. Where a statutory right affords a consumer buyer a remedy more favourable than this Section, that right prevails.
Lots offered by A & A are second-hand goods. To the extent permitted by law, and by express agreement between A & A and the buyer, the period of liability for any lack of conformity in a sale to a consumer buyer is reduced to one (1) year from delivery of the lot, that being the shortest period the law allows. This reduction affects neither the Five-Year Authenticity Guarantee nor any right which cannot lawfully be excluded or restricted.

4.10. Statutory right of withdrawal

1. The statutory right of withdrawal applicable to distance and off-premises contracts does not attach to every purchase at auction. In particular, it does not apply to goods acquired at a public auction at which consumers are able to attend in person.
2. Where the right of withdrawal does apply to a sale to a consumer buyer, that buyer may withdraw within fourteen (14) calendar days of acquiring physical possession of the lot, without giving reasons, by an unequivocal written statement to A & A (the model withdrawal form may be used but is not obligatory). The lot must be returned without undue delay and in any event within fourteen (14) days of that notification. The direct costs of return are borne by the buyer, who is responsible for any diminished value of the lot resulting from handling beyond that necessary to establish its nature, characteristics and functioning. A & A shall reimburse the sums received in accordance with the applicable statutory provisions.
3. Whether a right of withdrawal applies to a particular sale is determined by law and is stated in the particulars published for that sale. Nothing in these Conditions, and no statement made elsewhere or informally by any representative of A & A, confers a right of withdrawal where the statutory exception applies or extends such a right beyond its statutory scope.
4. The right of withdrawal is separate from, and independent of, the Five-Year Authenticity Guarantee.

4.11. No other right of return
This Section governs the circumstances in which a lot may be returned to A & A and a refund obtained. Save as provided in this Section, and save for rights which cannot lawfully be excluded or restricted, buyer’s remorse, a change of taste, an inability to resell a lot, movements in the market or a refusal by any market participant to handle a lot give rise to no right of return, rescission or refund.

5. CONDITION, PROVENANCE, ATTRIBUTION AND CERTIFICATES

5.1. Condition
Lots are sold in the condition in which they are found at the time of sale. Wear consistent with age and prior use, and earlier restoration or conservation, are ordinarily to be expected in works of art. Buyers are strongly encouraged to inspect a lot in person, or to instruct an adviser to do so, and to request such further information as they may require, before bidding.
Condition reports are provided as a courtesy to assist prospective buyers. They are prepared by A & A’s staff, who are not professional conservators; they express opinions honestly held on reasonable grounds; and they are not exhaustive. They may not identify every imperfection, restoration, repair or alteration, and the absence of any reference to such a matter does not imply that the lot is free from it. A condition report is not a substitute for inspection.
Save under the mandatory rights preserved by clause 4.9, condition alone does not give rise to a right of return.

5.2. Illustrations
Photographs, digital images and video are provided for identification and reference only. Colour, tone, scale, texture and detail may be affected by lighting, photography and screen reproduction, and images may not disclose condition. Frames and mounts shown are not necessarily included in the lot unless expressly stated.

5.3. Provenance, exhibition history and literature
Such information is compiled by A & A from information supplied by the consignor, documentation, labels and inscriptions, archives, publications, records of previous sales, databases and its own research. It is stated in good faith and reflects the information reasonably available at the time of publication. Unless expressly guaranteed in writing, it does not constitute a warranty that the entire ownership, exhibition or publication history has been independently verified or is complete. Gaps in recorded provenance are common in works of art and do not, of themselves, indicate that a lot is not authentic or not as attributed. Buyers are responsible for their own enquiries.

5.4. Attribution and catalogue terminology
Catalogue descriptions and attributions are statements of A & A’s opinion, formed in good faith on the basis of the scholarship and information reasonably available at the time of publication, and are to be read in accordance with the Glossary. They may be amended by saleroom notice or announcement before the fall of the hammer, and buyers should satisfy themselves as to the final terms of the catalogue entry. Save for the Five-Year Authenticity Guarantee and the rights preserved by clause 4.9, A & A gives no warranty as to authorship, attribution, date, origin, materials, condition or historical significance.

5.5. Certificates of Authenticity issued by A & A
Where expressly offered, A & A may issue its own Certificate of Authenticity in respect of a lot. The Certificate records A & A’s considered professional opinion, formed after research and examination of the work, on the basis of the documentation, technical material and expert information reasonably available at the time of issue, and is given subject to these Conditions.
Unless the Certificate expressly states otherwise, it does not constitute or imply certification by the artist, the artist’s estate, a foundation, an archive, a catalogue raisonné authority, an authentication committee or a scientific laboratory. It relates solely to the lot identified in it, may not be transferred to another work or altered, and may not be reproduced separately from the lot in a manner liable to mislead. The issue of a Certificate confers no right of return beyond those provided by Section 4.

5.6. Future resale, authentication and market acceptance
Scholarship, institutional practice and market taste develop over time. A & A does not guarantee that a lot will be resold, or accepted for sale or exhibition by any other party, or included in any future catalogue raisonné, or authenticated by any particular person or institution; nor does it guarantee market liquidity, future value, appreciation, investment return or any particular resale price. A decision by another auction house, gallery or institution not to handle a lot may reflect commercial, capacity or policy considerations and does not of itself establish that the lot is not authentic or not as attributed.

5.7. Binding effect of sales
On the fall of the hammer a binding contract of sale is concluded between the seller and the successful bidder, who is obliged to complete the purchase on these Conditions. That obligation is subject to the Five-Year Authenticity Guarantee, to any applicable statutory right of withdrawal, to statutory rights in respect of conformity and to other mandatory protections which cannot lawfully be excluded or restricted. Subject to the foregoing, a sale is final.

6. PAYMENT

6.1. Accepted Payment Methods
Payment for auction purchases may be made by:

1. credit card, for transactions up to €5,000; or
2. wire transfer, which is required for transactions exceeding €5,000.

A & A may refuse any payment method, third-party payment, or payment originating from an account not held in the name of the registered buyer.

6.2. Payment Deadline
The buyer must complete all verification and compliance requirements under Section 7 and pay the total purchase price in full no later than fourteen (14) calendar days from the date of the auction.
Where verification is required, the buyer must provide the requested information and documentation before remitting payment, unless otherwise instructed by A & A.
Acceptance of any payment is conditional upon completion of the applicable verification and compliance procedures.

6.3. Retention of Lots
A & A may withhold possession, title, release, collection, or shipment of any purchased lot until:

1. the total purchase price and all other amounts due have been received in cleared funds;
2. all verification and compliance requirements have been completed; and
3. any applicable storage or other charges have been paid.

6.4. Late Payment
If the buyer fails to complete payment within fourteen (14) calendar days from the auction date, A & A may charge an amount equal to ten percent (10%) of the total purchase price as a late-payment charge, to the extent permitted by applicable law.
Where the buyer promptly notifies A & A of an anticipated delay and provides a satisfactory explanation, A & A may, at its sole discretion, waive or reduce the charge, extend the payment deadline, or otherwise accommodate the delay.

6.5. Consequences of Non-Payment
If the buyer fails to pay the total purchase price within the required period or fails to satisfy the verification and compliance requirements under Section 7, A & A may, without prejudice to any other rights or remedies available under these Terms and Conditions or applicable law:

1. cancel the sale;
2. refuse or return any payment received, subject to applicable law;
3. resell the lot by auction or private sale;
4. initiate legal proceedings to recover the total purchase price, interest, legal fees, administrative expenses, resale costs, and any other resulting loss;
5. refuse the buyer’s participation in future auctions; and/or
6. report the default to the relevant bidding platforms or lawful industry databases.

The defaulting buyer shall remain liable for any shortfall arising from a resale, together with all reasonable costs associated with the default and resale.
To the extent permitted by applicable law, A & A shall not be required to account to the defaulting buyer for any excess proceeds arising from the resale of an unpaid lot.

7. CLIENT VERIFICATION AND REGULATORY COMPLIANCE

7.1. Verification Requirements
Where the total purchase price payable by a buyer exceeds €1,000, the buyer must complete A & A’s client identification and verification procedures before payment may be accepted and any purchased lot may be released.
A & A may require verification irrespective of the transaction value where necessary to comply with applicable law, sanctions requirements, or its internal compliance procedures.

7.2. Information and Documentation
The buyer agrees to provide promptly and accurately any information or documentation requested by A & A for identification, verification, anti-money laundering, sanctions, source-of-funds, beneficial ownership, or other compliance purposes.
Where the buyer acts on behalf of another person or entity, or payment is made by a third party, A & A may require verification of all relevant parties and may refuse third-party payments.

7.3. Failure to Complete Verification
A & A shall determine whether the information and documentation provided are sufficient for compliance purposes.
Until all required checks have been completed, A & A may refuse or return payment, withhold release or shipment of any lot, suspend or cancel the transaction, and exercise any other rights available under these Terms and Conditions or applicable law.
A & A shall not be required to disclose the reason for any action where such disclosure is prohibited or restricted by law.

7.4. Data Protection
All personal data and documentation collected under this Section shall be processed in accordance with A & A’s Privacy Policy.

8. COLLECTION, SHIPPING, INSURANCE AND STORAGE

8.1. Location of Lots
Unless otherwise stated in the lot description or auction catalogue, purchased lots will be available for collection from: Calle de Aragón, 208–210, 3º 6ª, 08011 Barcelona, Spain.
A & A may move a purchased lot to another storage location where reasonably necessary. The buyer will be notified of any material change to the collection location.

8.2. Shipping Coordination Service
At the buyer’s request, A & A will coordinate packing, shipping, and/or insurance arrangements on the buyer’s behalf, acting solely as a facilitator and intermediary between the buyer and the third-party packing, logistics, and insurance providers A & A engages for this purpose (“Third-Party Providers”). A & A does not itself act as a carrier, freight forwarder, packer, or insurer, and assumes none of the obligations of any such party.
The contract for packing, carriage, or insurance is formed directly between the buyer and the relevant Third-Party Provider, on that provider’s own terms and conditions, even where A & A arranges the introduction, instructs the provider, or pays the provider on the buyer’s behalf for later reimbursement.
This coordination service is offered as a convenience and does not oblige A & A to arrange shipping on any particular timeline, by any particular method, or at any particular cost, all of which remain subject to the availability and terms of the relevant Third-Party Provider.
The buyer may decline this service at any time and arrange collection, packing, shipping, or insurance independently, in which case Section 8.3 applies.

8.3. Independent Arrangements & Selection of Providers
Where the buyer arranges collection, packing, shipping, or insurance independently — whether by declining A & A’s coordination service under Section 8.2, or engaging a Third-Party Provider of the buyer’s own choosing for any part of that process — that Third-Party Provider is deemed appointed by the buyer, and A & A does not supervise, control, endorse, or accept responsibility for its acts, omissions, charges, delays, or services, regardless of whether A & A introduced, recommended, or otherwise facilitated the buyer’s engagement of that provider.
The buyer must provide A & A with any written authorization or collection instructions reasonably requested before a lot can be released to a Third-Party Provider.

8.4. Release of Lots
No lot will be released until:

1. the total purchase price and all other amounts due have been received in cleared funds;
2. all identification, verification, and compliance requirements have been completed;
3. any required written collection or shipping authorization has been provided; and
4. all outstanding storage and other charges have been paid in full.

A & A may refuse to release a lot where it reasonably considers that the proposed collection, shipment, destination, recipient, or transaction may breach applicable law, sanctions, export controls, customs requirements, or other regulatory obligations.

8.5. Risk
Risk of loss of or damage to a purchased lot passes to the buyer upon the fall of the auctioneer’s hammer, subject to any mandatory provisions of applicable law.
Until the lot is collected, A & A will exercise reasonable care while it remains in A & A’s custody.
A & A shall not be liable for loss, damage, deterioration, theft, delay, or any other event occurring after the sale, except to the extent directly caused by A & A’s gross negligence or wilful misconduct.
Once a lot has been released to the buyer, the buyer’s representative, or any Third-Party Provider (whether appointed directly by the buyer or coordinated by A & A under Section 8.2), A & A shall have no further responsibility for the lot.

8.6. Insurance & Limitation of Liability for Coordinated Services
Where A & A coordinates insurance under Section 8.2, that insurance is underwritten and administered by the relevant Third-Party Provider or insurer, not by A & A, and is subject to that insurer’s own policy terms, exclusions, and claims process. A & A does not itself provide, underwrite, or guarantee any shipping, transit, collection, or storage insurance.
The buyer remains responsible for confirming that the level of cover arranged — whether independently or through A & A’s coordination — is adequate for the full value of the purchased lot, and for making any claim for loss of or damage to a lot directly against the relevant Third-Party Provider or insurer.
A & A’s role in coordinating packing, shipping, or insurance under Section 8.2 does not make A & A a carrier, freight forwarder, packer, bailee for reward, or insurer, and A & A shall not be liable for any act, omission, negligence, delay, damage, or loss caused by a Third-Party Provider, whether or not that provider was introduced, recommended, instructed, or paid by A & A on the buyer’s behalf. A & A’s liability in connection with its coordination role, if any, is limited to A & A’s own gross negligence or wilful misconduct in the selection or instruction of a Third-Party Provider, and in no circumstances extends to that provider’s performance.

8.7. Collection Deadline
The buyer must arrange collection or shipment of the purchased lot within thirty (30) calendar days after full payment has been received and all applicable verification requirements have been completed.
A & A may agree to a different collection period in writing.

8.8. Storage Fees
Where a purchased lot has not been collected within the period specified in Section 8.7, A & A may charge a storage fee of €40 per lot for each commenced week.
A & A may retain the lot until all storage fees and other outstanding amounts have been paid in full.
A & A may store the lot at its premises or transfer it to a third-party storage facility at the buyer’s cost and risk.
The buyer shall be responsible for all reasonable packing, transportation, handling, insurance, administrative, and third-party storage expenses arising from such transfer.

8.9. Uncollected Lots
If a purchased lot remains uncollected for more than six (6) months after the buyer has been notified that it is available for collection, A & A may send a final written notice requiring the buyer to collect the lot and pay all outstanding charges within thirty (30) calendar days.
If the buyer fails to comply with that notice, A & A may exercise any available right of retention and, to the extent permitted by applicable law, transfer the lot to external storage, arrange for its disposal, or arrange for its realization or sale through an appropriate legal procedure.
A & A may deduct from any proceeds all unpaid storage fees and all reasonable costs associated with the storage, insurance, packing, transportation, handling, administration, legal enforcement, and sale of the lot.
The buyer shall remain liable for any shortfall. Any remaining net proceeds shall be held for the buyer, without interest, and dealt with in accordance with applicable law.

8.10. Delays
Any delay or failure relating to collection, packing, shipment, export, import, customs clearance, licensing, or delivery shall not affect the validity of the sale or relieve the buyer of the obligation to pay the total purchase price and all other amounts due.

9. EXPORT AND IMPORT OF CULTURAL GOODS

The buyer is solely responsible for determining whether any export licence, permit, declaration, customs document, or other authorization is required for the removal of a purchased lot from Spain or its importation into another jurisdiction, and for obtaining all such documentation at the buyer’s own cost.
The buyer shall comply with all applicable export, customs, cultural heritage, sanctions, and import regulations.
A & A shall have no responsibility for obtaining any authorization or for any delay, refusal, tax, duty, cost, seizure, penalty, or other consequence arising from the export or import of a purchased lot.
The inability or failure to obtain any required authorization shall not affect the validity of the sale or relieve the buyer of the obligation to pay the total purchase price.
A & A may withhold release of any lot where it reasonably considers that its release, collection, shipment, or export may breach applicable law or regulatory requirements.

10. LIMITATION OF LIABILITY

10.1. Maximum Liability
To the fullest extent permitted by applicable law, A & A’s total liability to a buyer in connection with any purchased lot shall not exceed the hammer price paid for that lot.

10.2. Excluded Losses
A & A shall not be liable for indirect, incidental, consequential, special, or economic loss, including loss of profit, loss of opportunity, loss of anticipated resale value, or loss arising from delay, except where such exclusion is prohibited by applicable law.

10.3. Third-Party Services
A & A shall not be responsible for the acts, omissions, delays, failures, charges, or services of any bidding platform, shipping provider, storage provider, insurer, payment provider, customs agent, expert, or other independent third party.

10.4. Mandatory Liability
Nothing in these Terms and Conditions shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.

11. FORCE MAJEURE

A & A shall not be liable for any delay or failure in the performance of its obligations where such delay or failure results from circumstances beyond its reasonable control, including natural disasters, fire, flood, war, terrorism, civil unrest, pandemics, government action, sanctions, labour disputes, interruption of communications, failure of online platforms, or disruption of transportation, banking, or financial services.

12. PRIVACY

By registering for or participating in an auction, the buyer acknowledges that personal data may be collected and processed in accordance with A & A’s Privacy Policy, as published on its website and updated from time to time.

13. COPYRIGHT AND INTELLECTUAL PROPERTY

All text, images, photographs, graphics, logos, catalogues, videos, digital materials, and other content produced or published by A & A are owned by A & A or used with the permission of the relevant rights holder and are protected by applicable copyright and intellectual property laws.
No such content may be copied, reproduced, modified, distributed, published, commercially exploited, or otherwise used, in whole or in part, without A & A’s prior written authorization, except where such use is expressly permitted by applicable law.
The purchase of a lot does not transfer any copyright, reproduction right, trademark right, image right, or other intellectual property right relating to that lot.

14. RIGHT TO REFUSE SERVICE

A & A may, at its sole discretion and to the extent permitted by applicable law:

1. refuse or cancel a registration;
2. reject any bid;
3. restrict participation in an auction;
4. cancel a transaction where legally permissible; or
5. refuse future business with any person.

15. NOTICES

Any notice or communication under these Terms and Conditions may be sent to the postal address or email address most recently provided by the buyer to A & A or to the relevant bidding platform.
A notice sent by email shall be deemed received when sent, unless the sender receives an automated notice of failed delivery.
The buyer is responsible for keeping their contact information current.

16. SEVERABILITY

If any provision of these Terms and Conditions is held to be invalid, unlawful, or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary to make it valid and enforceable.
If this is not possible, the affected provision shall be severed without affecting the validity or enforceability of the remaining provisions.

17. NO WAIVER

Any failure or delay by A & A in exercising a right or remedy shall not constitute a waiver of that right or remedy.
Any waiver must be expressly made in writing and shall apply only to the specific circumstances for which it is given.

18. ENTIRE AGREEMENT

These Terms and Conditions, together with the applicable catalogue, lot description, auction announcements, invoice, Privacy Policy, and any other terms expressly incorporated by reference, constitute the entire agreement between the buyer and A & A in relation to participation in the auction and the purchase of a lot.
In the event of a conflict, any specific written terms expressly applicable to a particular lot or auction shall prevail over these general Terms and Conditions.

19. AMENDMENTS

A & A may review and amend these Terms and Conditions from time to time.
The version published on A & A’s website or otherwise made available for the relevant auction at the time a bid is placed shall govern the buyer’s participation and purchase.
No amendment made after the conclusion of a sale shall retroactively alter the buyer’s material contractual obligations in relation to that completed sale.

20. DISPUTE RESOLUTION

In the event of any dispute arising out of or relating to these Terms and Conditions, the parties shall first attempt to resolve the matter through good-faith negotiation.
Nothing in this Section prevents A & A from taking immediate legal action where necessary to recover an unpaid amount, retain or preserve property, prevent the expiry of a limitation period, obtain urgent relief, or protect its legal rights.

21. GOVERNING LAW AND JURISDICTION

These Terms and Conditions and any contractual or non-contractual dispute arising out of or in connection with them shall be governed by the laws of Spain.
Subject to any mandatory jurisdictional rules applicable by law, the courts of Barcelona, Spain shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms and Conditions, an auction, or the purchase of any lot.