Auction Terms & Conditions — Version in effect until 8 September 2026

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 through LiveAuctioneers, Invaluable, BidSpirit, and Drouot.
Bidders must comply with the terms and conditions of the relevant platform in addition to these Terms and Conditions.

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 of 28% shall be added to the hammer price of each lot and shall form part of the total purchase price payable by the buyer.
The buyer’s premium applies to all successful bids placed through LiveAuctioneers, Invaluable, BidSpirit, or Drouot.
The stated 28% buyer’s premium is inclusive of any applicable Spanish Value Added Tax (IVA).

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. Eligibility for Return
A return may be accepted only where, within sixty (60) calendar days from the auction date, an expert mutually agreed upon by A & A and the buyer provides a definitive written opinion that the lot is not as attributed in the auction catalogue.
No claim or return shall be accepted after the expiration of this sixty-day period.
The lot must be returned in the same condition in which it was sold. The buyer is solely responsible for arranging and paying for its packing, insurance, transportation, customs clearance, and return to the location designated by A & A.
Shipping costs, customs charges, taxes, duties, insurance costs, expert fees, and other expenses shall not be refunded.

4.2. Choice of Expert
The expert must be a recognized independent authority in the relevant field, such as a scholar, curator, specialist, foundation, committee, archive, or institution, and must not be acting as an auction house or commercial gallery in relation to the dispute.
The refusal of another auction house or gallery to accept a lot for consignment, sale, or exhibition shall not constitute evidence that the lot is inauthentic or not as attributed.
A & A shall not be required to accept an opinion issued by an auction house, gallery, dealer, or other commercially interested party as determinative in an authenticity dispute.

4.3. Refund Amount, Conditions and Payment
Where a return is accepted under this Section, the refund shall be limited to the hammer price and buyer’s premium actually received by A & A in respect of the lot.
Shipping, packing, insurance, customs charges, duties, taxes, expert fees, currency-conversion losses, banking charges, and any other associated expenses shall not be reimbursed.
No refund shall become due or payable until:

1. the lot has been returned to and received by A & A at the location designated by A & A;
2. A & A has had a reasonable opportunity to inspect the lot and confirm that it is in the same condition as at the time of sale; and
3. all certificates, documentation, labels, frames, accessories, and other materials supplied with the lot have been returned.

Subject to the foregoing, A & A shall arrange payment of the approved refund within a reasonable period.
Where payment in full within that period would be impracticable or would materially prejudice A & A’s financial stability or ordinary business operations due to exceptional financial, banking, regulatory, legal, operational, market, or other circumstances, A & A may, to the fullest extent permitted by applicable law, pay the approved refund in reasonable instalments.
In such circumstances, A & A shall provide the buyer with written notice setting out the proposed instalment schedule. The amount, frequency, and duration of the instalments shall be determined reasonably having regard to the amount of the refund, A & A’s financial position, the circumstances giving rise to the delay, and the interests of the buyer.
The commencement or acceptance of instalment payments shall not constitute an admission of any liability beyond the approved refund amount.
No interest, penalty, compensation, or additional amount shall accrue on an approved refund except where expressly required by mandatory applicable law or agreed by A & A in writing.
Nothing in this Section shall exclude or restrict any right that cannot lawfully be excluded or restricted.

5. CONDITION, PROVENANCE, ATTRIBUTION AND CERTIFICATES

5.1. Condition
All lots are sold “as is” and “where is.”
Buyers are strongly encouraged to inspect lots before bidding and to satisfy themselves as to their condition, dimensions, materials, restoration, repairs, and any other relevant characteristics.
Condition reports, statements, photographs, and other information provided by A & A are expressions of opinion only and do not constitute warranties or representations of fact.
Returns based solely on condition shall not be accepted.

5.2. Provenance
Any provenance information is provided on the basis of information supplied by the consignor or documentation available to A & A.
A & A does not warrant that such information is complete or accurate. Buyers are responsible for conducting their own due diligence concerning provenance before bidding.

5.3. Authenticity and Attribution
Except as expressly provided in Section 4, A & A makes no express or implied warranty concerning the authenticity, age, date, condition, authorship, attribution, origin, provenance, materials, or historical significance of any lot.
Descriptions and attributions represent A & A’s opinion based on the information available at the time of publication and may be revised before or during the auction.

5.4. Photographic Representation
Photographs and digital images are provided for identification and visual reference only.
Variations in colour, tone, scale, texture, condition, or detail may occur due to lighting, photography, screen settings, or other technical factors.
Buyers are encouraged to inspect lots in person or request additional information before bidding.

5.5. Certificates of Authenticity
Where expressly stated in the catalogue or lot description, A & A may issue a certificate of authenticity for the relevant lot upon the buyer’s request.
Any certificate issued by A & A reflects A & A’s opinion regarding the lot based on the information, documentation, research, and expert opinions available to it at the time of issuance.
Unless expressly stated otherwise in the certificate, it does not constitute an independent expert opinion, scientific authentication, catalogue raisonné inclusion, or certification by the artist, the artist’s estate, foundation, archive, authentication committee, or any other third party.
The certificate relates solely to the lot identified in it and may not be altered, reproduced separately from the lot, transferred to another work, or used in a misleading manner.
The issuance of a certificate does not create any warranty or right of return beyond the rights expressly provided under Section 4.

5.6. Final Sales
All sales are final.
Once a bid has been accepted and the auctioneer’s hammer has fallen, the buyer is legally bound to complete the purchase, subject only to the return and refund provisions set out in Section 4.

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. Buyer’s Responsibility
A & A does not provide packing, shipping, transportation, customs clearance, or logistics services.
The buyer is solely responsible, at the buyer’s own cost and risk, for arranging the collection, packing, transportation, export, import, customs clearance, delivery, and insurance of each purchased lot.

8.3. Independent Shipping Providers
A & A may provide contact details of independent third-party shipping providers for informational purposes only.
Any agreement for shipping or related services is entered into directly between the buyer and the selected provider.
A & A does not supervise, control, endorse, or accept responsibility for the acts, omissions, charges, delays, or services of any third-party provider.
The buyer may appoint any suitably qualified shipping provider, subject to providing A & A with any written authorization or collection instructions reasonably requested.

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 shipping, packing, storage, or transportation provider appointed by the buyer, A & A shall have no further responsibility for the lot.

8.6. Insurance
A & A does not provide shipping, transit, collection, or storage insurance for the buyer.
The buyer is solely responsible for arranging adequate insurance for the full value of the purchased lot from the time risk passes to the buyer and throughout packing, collection, storage, transportation, customs clearance, and delivery.
Any claim for loss of or damage to a lot after its release by A & A must be made directly against the relevant shipping provider, insurer, or other responsible third party.

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.