Terms and Conditions

1. Buyer’s Premium and Purchase Conditions

1.1. A buyer’s premium of 28% will be added to the hammer price of each lot and forms part of the total purchase price payable by the buyer. This premium applies to all successful bids, whether placed via LiveAuctioneers, BidSpirit, or by absentee bid. The stated 28% buyer’s premium is inclusive of any applicable Spanish Value Added Tax (IVA).

1.2. A & A reserves the right to hold the purchased item until full payment has been received and cleared. Buyers must ensure that 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 when the lot is owned by A & A, in which case the contract is made directly with A & A.

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: 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. Once a bid is accepted and the auction is concluded, the buyer is legally bound to complete the purchase. Any exceptions or refund considerations will be governed by the refund policy outlined in Section 4.

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.

8.2 A & A may bid on behalf of the consignor up to the reserve price.

9. Payment

9.1. Accepted Payment Methods

Payments for auction purchases can be made via the following methods:

a) Credit Card: Accepted for transactions up to €5,000.
b) Wire Transfer: Required for transactions exceeding €5,000.

9.2. Post-Auction Documentation

Where the total purchase price (inclusive of buyer’s premium) for one or more lots exceeds €1,000, the buyer shall be required to complete client verification procedures prior to remittance of payment and release of the purchased property. This verification process is in accordance with applicable anti-money laundering (AML) regulations and internal compliance policies.

The buyer must complete the Client Registration Form, either via the secure online link provided or by submitting a signed PDF version to bid@auroraathena.com or contact@auroraathena.com.

The required documentation will vary depending on the buyer’s status, as follows:

1. Private Individual (buying for oneself):
   1. A valid government-issued photo ID (passport or national ID);
   2. Proof of residential address dated within the last three months (e.g. utility bill or bank statement);
   3. Completed Client Registration Form.
2. Agent (buying on behalf of another individual):
   1. The principal buyer’s valid photo ID;
   2. The principal buyer’s proof of address (dated within the last three months);
   3. Completed Client Registration Form signed by the principal buyer.
3. Company or Legal Entity:
   1. Company registration document showing the registered address and current ownership structure;
   2. Valid ID and proof of address (dated within the last three months) for each individual holding more than 25% of the ownership interest;
   3. Completed Client Registration Form from each such individual.

Aurora & Athena reserves the right to request additional documentation at its sole discretion in order to satisfy compliance obligations. Failure to provide the required documentation in a timely manner may result in the cancellation of the sale and forfeiture of any rights to the lot(s) in question.

9.3. Payment Deadlines

Where documentation is required pursuant to Section 9.2, the buyer shall be obligated to submit all required post-auction identification and verification documents prior to remitting payment. Acceptance of any payment by Aurora & Athena S.L. (“A & A”) is expressly conditional upon prior receipt and approval of the required documentation.

Both the completion of the verification process and the full payment of the total purchase price (including the hammer price and buyer’s premium) must be finalized no later than fourteen (14) calendar days from the date of the auction.

A & A reserves the right to withhold possession, title, and/or release of any purchased lot until such time as these conditions have been fully satisfied. Failure to comply with these obligations within the stated period may, at A & A’s discretion, result in the imposition of a late payment interest charge equal to ten percent (10%) of the total purchase price.

Notwithstanding the foregoing, if the buyer promptly notifies A & A of any anticipated delay and provides a satisfactory explanation, A & A may, at its sole discretion, agree to waive or reduce the interest charge, extend the deadline, or otherwise accommodate the delay on a case-by-case basis.

9.4. Consequences of Non-Payment or Failure to Provide Documentation

In the event that the buyer fails to (i) submit the required post-auction documentation as outlined in Section 9.2, or (ii) remit full payment of the total purchase price within the fourteen (14) calendar day period specified in Section 9.4, Aurora & Athena S.L. (“A & A”) shall be entitled, at its sole and absolute discretion, to take one or more of the following actions, without prejudice to any other rights or remedies available under applicable law:

a) Cancel the sale of the lot(s), without further notice to the buyer;
b) Resell the lot(s), whether by public auction or private sale, on such terms and conditions as A & A may determine;
c) Retain any partial payments or deposits made by the buyer as liquidated damages;
d) Initiate legal proceedings against the buyer to recover the full amount of the purchase price, together with any applicable interest, legal fees, administrative costs, and other losses or damages incurred as a result of the buyer’s default;
e) Report the buyer’s default to bidding platforms and industry databases, which may affect the buyer’s ability to participate in future auctions.

Any shortfall resulting from the resale of the lot(s), together with any costs incurred in connection with such resale or enforcement, shall be for the sole account of the defaulting buyer. A & A shall not be liable to the buyer for any excess proceeds realized from such resale.

10. Compliance with EU Regulations

In accordance with applicable European Union regulations concerning anti-money laundering (AML) and counter-terrorism financing (CTF), A & A requires all successful bidders to provide specific identification and verification documentation prior to the completion of any transaction. These requirements are mandatory under EU law and are intended to ensure transparency, legality, and full regulatory compliance.

The specific documentation required, as well as the procedures for submission and approval, are outlined in Section 9.2 (Post-Auction Documentation) of these Terms and Conditions. Failure to comply with these requirements may result in the cancellation of the sale and the imposition of additional measures as described in Section 9.5.

10.1. Data Protection

All personal and corporate data submitted in compliance with these requirements will be handled in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

A & A ensures that such data will only be used for the purpose of fulfilling regulatory compliance obligations and will not be shared with unauthorized third parties.

11. Shipping and Storage

11.1. Items Location

Unless otherwise specified, all items will be located at the main office of A & A:
Calle de Aragón, 208-210 / 3^o 6^a
08011 Barcelona, Spain.

11.2. Shipping Arrangements

After receiving full payment, A & A will provide contact information for recommended third-party fine art shipping partners. All shipping arrangements, costs, customs fees, and transportation risks are the buyer’s responsibility.

Buyers may contact the 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.

A & A does not facilitate shipping to countries or regions subject to international sanctions or armed conflict, including but not limited to Afghanistan, Belarus, Iran, North Korea, Russia, Syria, and Ukraine.

11.3. Storage Policy and Fees

If the buyer does not arrange for shipping or collection by a third-party shipper within 30 days of payment, A & A reserves the right to store the item(s) at the designated location specified in the auction terms or move the item(s) to another location at their discretion. The buyer will be notified via email of any change in the storage location within five (5) business days of relocation.

A storage fee of €40 per week per item will apply after the 30-day period. A & A will issue an invoice for the total storage amount, which must be paid before the item(s) are released. Partial payments will not be considered fulfillment of this obligation unless explicitly agreed upon in writing.If the total storage fees exceed €1,040 (equivalent to 26 weeks) or if the item(s) remain in storage for more than six (6) months without resolution, A & A reserves the right to consider the item(s) as abandoned and may re-offer them for sale to recover costs, as outlined in Clause

11.4. Abandoned Items

If a lot remains uncollected for more than three (3) months without the required storage payments, or for six (6) months in total, A & A partner may consider the lot abandoned. In such cases, A & A reserves the right to re-offer the item(s) for sale at auction or through private sale, deducting any outstanding storage and administrative fees from the proceeds.

12. Privacy Policy

12.1. 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.

13. Limitation of Liability

13.1. 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.

13.2. 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.

14. Export License for Cultural Goods

14.1. Buyer Responsibility
Buyers are solely responsible for complying with Spanish export regulations regarding cultural goods. Certain artworks may require an export license under Law 16/1985 on Spanish Historical Heritage, which applies to all artworks sold in Spain, regardless of origin.

14.2. Export License Requirements
An export license may be required for artworks over 50 years old or those exceeding specific value thresholds. Buyers should consult their shipping agents or the Spanish Ministry of Culture and Sports for detailed regulations.

14.3. Application Process
A & A does not handle export licensing. However, our shipping partners may assist buyers in applying for an export license through the Junta de Calificación, Valoración y Exportación under Spain’s Ministry of Culture. The licensing process can take several weeks, and buyers should account for this when arranging shipment.

14.4. Non-Compliance Risks
Failure to obtain the required export license may result in:

a) Seizure of the artwork by customs authorities.
b) Legal penalties and fines under Spanish law.
c) Delays or cancellation of the shipment.

14.5. Limitation of Liability
A & A assumes no responsibility for obtaining export licenses or any delays, costs, or legal consequences arising from the export process. Buyers are encouraged to seek independent legal or shipping advice to ensure compliance.For more information, buyers may refer to the official regulations provided by Spain’s Ministry of Culture and Sports or the Official Gazette of Spain (BOE).

15. Insurance for Shipping

15.1. Buyer’s Responsibility for Insurance
A & A is not responsible for shipping and does not provide shipping insurance. Buyers are solely responsible for arranging adequate insurance coverage for their purchased items during transit. Buyers should consult with their chosen shipping provider or an insurance company to ensure proper coverage.

15.2. Claims for Damage or Loss
Any claims for damage or loss during transit must be directed to the shipping provider or the buyer’s insurance company. A & A bears no responsibility for items once they have been handed over to the shipping provider.

16. Force Majeure

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.

17. Dispute Resolution

17.1. 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.

18. Right to Refuse Service

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

19. Periodic Review

19.1. 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.

20. Legal Jurisdiction

20.1. 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.

21. Copyright and Intellectual Property

All content on this website, including but not limited to text, images, graphics, logos, and digital materials, is the exclusive property of A & A or its content providers and is protected by international copyright and intellectual property laws. Unauthorized use, reproduction, distribution, modification, or publication of any materials from this website and all auction materials, in whole or in part, is strictly prohibited without prior written authorization from A & A.