Auction Terms & Conditions — November 2024

This is an archived version of our Auction Terms & Conditions, in effect from November 2024 to March 2025. It is provided for reference only and no longer governs new sales. View the current Terms & Conditions →

Aurora y Athena S.L. (A & A) Terms & Conditions
By participating in any auction held by Aurora y Athena S.L. (A & A), whether in person, through absentee bids, or via online platforms, bidders agree to be bound by the following terms and conditions. These terms are subject to modification at A & A's sole discretion.

1. Buyer's Premium and Payment

1.1. A 25% buyer's premium will be added to the hammer price of each lot, which the buyer agrees to pay as part of the total purchase price. This premium applies to all bids, whether placed through LiveAuctioneers, Bidspirit, or via absentee bid.
1.2. Payment is accepted solely through wire transfer. Buyers will receive instructions for making the payment upon completion of the auction.
1.3. A & A reserves the right to hold the purchased item until full payment has been cleared. Buyers must ensure all bank charges or fees associated with the transfer are covered in full.

2. Contract of Sale

2.1. A & A acts as an agent for consignors unless explicitly stated that A & A owns the lot. The contract for the sale is made between the buyer and the consignor, except in cases where A & A owns the lot.
2.2. The sale is considered final once the auctioneer's hammer falls. The buyer assumes responsibility for payment according to these terms.

3. Condition, Provenance, and Authenticity

3.1. All lots are sold "as-is" and "where-is." Buyers are strongly encouraged to inspect the items prior to bidding to determine their condition, size, and any potential restoration or repairs. Returns based on condition are not accepted.
3.2. No Guarantee on Provenance: Provenance details are provided based on information from consignors or available documentation, but A & A does not guarantee their accuracy or completeness. The buyer is responsible for conducting their own due diligence regarding provenance.
3.3. No Guarantee on Authenticity: Unless a lot is subject to the Extended Guarantee (see Section 4), A & A makes no express or implied warranties on authenticity, age, condition, or artist attribution.
3.4. Photographic Representation: All photographs of lots are intended as representations and may not be 100% accurate. They provide a visual reference only and do not guarantee precise color, size, or detail. Buyers are encouraged to view the items in person or request additional information if needed.
3.5. Final Sales: All sales are final, except for lots with an extended guarantee, as described in Section 4.

4. Extended Guarantee

Some lots may be subject to an Extended Guarantee. If a lot qualifies, the following conditions apply:
4.1. Buyer's Right of Return for Satisfaction: If the Buyer is dissatisfied with the purchased lot, a return may be initiated within 30 days from the date the artwork is received. The Buyer will receive a refund of the full hammer price and Buyer's premium, provided the artwork is returned in the same condition as at the time of sale. Shipping expenses and any additional fees are non-refundable, and the Buyer is responsible for arranging and covering the cost of return shipping to A & A's business address.
4.2. Authenticity Disputes: If, within 90 days from the auction date, an expert, mutually agreed upon by both A & A and the Buyer, provides a definitive statement that the artwork is either not by the attributed artist or lacks authenticity, the Buyer may return the lot for a refund of the hammer price and Buyer's premium. The artwork must be returned in the same condition as at the time of sale. Shipping expenses and any other charges will not be refunded, and the Buyer is responsible for arranging and covering the cost of return shipping to A & A's business address.
4.3. Choice of Expert: The expert must be a recognized authority in the field (e.g., a scholar, curator, or institution) and must not be associated with an auction house. Rejection of the lot by another auction house for consignment purposes is not grounds for refund or dispute. A & A does not accept the opinion of auction houses as valid expert opinion in authenticity disputes.

5. Bidding

5.1. Live Bidding: Live bidding is conducted through LiveAuctioneers and Bidspirit platforms. Bidders must register with these platforms and comply with their respective terms and conditions in addition to A & A's terms.
5.2. Absentee Bids: Buyers unable to participate in live bidding may submit absentee bids by providing a copy of their ID and completing the Absentee Bid Form (available in PDF format). This form must be emailed to bid@auroraathena.com. By submitting the form, the buyer authorizes A & A to bid on their behalf up to the maximum amount specified in the form.
5.3. Execution of Absentee Bids: Absentee bids will be executed as a free service, but A & A is not liable for failure to execute such bids, errors, or omissions.
5.4. Identical Bids: If identical bids are received from absentee bidders or through the live bidding platforms (LiveAuctioneers or Bidspirit), the lot will be awarded to the bid submitted first.
5.5. Online Platform Disclaimer: A & A is not responsible for any technical difficulties, interruptions, or failures of third-party online bidding platforms (e.g., LiveAuctioneers, Bidspirit) that may prevent a bid from being successfully placed or processed.

6. Withdrawal of Lots

6.1. A & A reserves the right to withdraw any lot before or during the auction without liability.

7. Bidding Discretion

7.1. The auctioneer has full discretion to refuse any bid, advance the bidding at intervals they deem appropriate, or resolve any disputes that arise during the auction. The highest bid accepted by the auctioneer at the fall of the hammer constitutes the final sale.

8. Reserves

8.1. Some lots are subject to a reserve price, which is the confidential minimum price agreed upon with the consignor. A & A may bid on behalf of the consignor up to the reserve price.

9. Payment Terms

9.1. All purchased lots must be paid for within 7 days of the auction. A & A reserves the right to retain any lot until full payment has been received.
9.2. Failure to pay within the specified period may result in cancellation of the sale, the lot being resold, or legal action for the recovery of the purchase price, including any associated costs, fees, and damages.

10. Shipping and Storage

10.1. After receiving full payment, A & A will provide contact information for our recommended third-party fine art shipping partners. All shipping arrangements, costs, customs fees, and transportation risks are the buyer's responsibility. Buyers may contact our recommended shippers directly for a quote or email contact@auroraathena.com for assistance in coordinating with these partners. If the buyer chooses to use a different third-party shipping company, they must provide written authorization via email.
10.2. If the buyer does not pay for shipping or fails to arrange for collection by a third-party shipper within 14 days of payment, A & A will charge a storage fee of 5% of the hammer price per month. If the lot remains uncollected for more than 3 months, it will be considered abandoned and may be re-offered for sale by A & A.
10.3. Please note that we do not ship to countries under sanctions or in a state of war, including Afghanistan, Belarus, Iran, North Korea, Russia, Syria, and Ukraine.

11. Privacy Policy

11.1. A & A is committed to protecting the privacy of its clients. By participating in the auction, buyers agree to the terms outlined in A & A's Privacy Policy, available on our website. This policy explains how personal data is collected, stored, and processed in compliance with applicable laws and regulations.

12. Limitation of Liability

12.1. A & A's liability to any buyer in connection with the purchase of a lot shall not exceed the hammer price paid for the lot.
12.2. A & A will take reasonable care in storing sold lots prior to shipment; however, all risks of loss or damage pass to the buyer once the sale is complete. A & A is not responsible for damage occurring after the sale unless it results from gross negligence on the part of A & A.

13. Export License for Cultural Goods

13.1. Legal Requirements for Exporting from Spain: All artworks sold through A & A that are to be exported from Spain may be subject to the country's cultural heritage export regulations. Spain protects certain cultural goods through Law 16/1985 on Spanish Historical Heritage, which governs the export of art and cultural objects. This law applies to all items sold within Spain, regardless of their origin.
13.2. When an Export License is Required: Artworks over 100 years old: An export license is mandatory, regardless of value. Artworks between 50 and 100 years old: An application is still required to obtain official documentation confirming that a license is not needed if the artwork's value is below 150,000 EUR. For artworks valued above this threshold, an export license is mandatory. Artworks less than 50 years old: Typically, no export license is required unless the artwork holds exceptional cultural significance.
13.3. Application Process: Our shipping partners will apply for the export license on the buyer's behalf through the Junta de Calificación, Valoración y Exportación under Spain's Ministry of Culture. This process may take several weeks, so buyers should factor in this timeline when planning the shipment and receipt of their purchased items. The buyer is responsible for all aspects of the licensing process, and A & A will assist in providing the necessary documentation for the application.
13.4. Non-Compliance: Attempting to export an artwork without the required license can result in: Seizure of the artwork by customs authorities. Legal penalties and fines imposed by Spanish authorities. Delays or cancellation of the shipment.
13.5. Buyer Responsibility: Buyers are responsible for understanding these regulations and ensuring compliance. A & A will assist in the application process, but final responsibility rests with the buyer. It is strongly recommended that buyers consult with their shipping agents or contact A & A for guidance on the export process.

14. Insurance for Shipping

14.1. Insurance Coverage: A & A strongly recommends that buyers arrange for adequate insurance coverage during shipping. A & A can provide shipping insurance upon request, but the buyer must notify A & A in writing prior to shipment.
14.2. Claims for Damage: Any claims for damage or loss during transit must be directed to the shipping provider. A & A is not responsible for damage or loss after the item has been handed over for shipping unless gross negligence can be shown.

15. Force Majeure

15.1. A & A shall not be held liable for any delay or failure in the performance of its obligations under these Terms & Conditions if such delay or failure arises from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government regulations, or disruptions in transportation.

16. Dispute Resolution

16.1. In the event of any dispute arising out of or relating to these Terms & Conditions, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved, it shall be settled by binding arbitration in accordance with the applicable arbitration rules in Spain.

17. Right to Refuse Service

17.1. A & A reserves the right to refuse bids, cancel registrations, or withdraw lots from sale at its sole discretion, without prior notice or liability.

18. Periodic Review

18.1. These Terms & Conditions are subject to periodic review and may be updated from time to time at A & A's discretion. Buyers should refer to the latest version of the Terms & Conditions, which will be made available on A & A's website prior to each auction.

19. Legal Jurisdiction

19.1. These Terms & Conditions are governed by the laws of Spain. Any disputes arising under these terms shall be submitted to the exclusive jurisdiction of the Spanish courts.
This document is a legally binding agreement, and participation in the auction confirms the bidder's acceptance of these terms.