Conditions of Sale
Business conditions of the Porto Antigo Leilões
These business conditions contain the rules by which society business " Passadilustrado Unipessoal
Ltd " , hereinafter " Porto Antigo Leilões " rules , without prejudice to other expressed in a proper
place , like in catalogs .
CONDITIONS APPLICABLE TO SELLERS
- Contract for the Provision of Services and Consignment .
1ª- The Porto Antigo Leilões does not acquire ownership of the goods at auction or places ,
under any circumstances , acts in its own name as the seller thereof .
2ª - The Porto Antigo Leilões and the seller are linked together by signing the respective
contract to provide services and / or respective attachment called " Consignment " .
a) This contract must contain the following elements :
- Full identification of the seller or his representative ;
- Identification and brief description of the property or properties to auction ;
- Minimum selling price for each good ( baseline) ;
- Value owed to Porto Antigo Leilões due to the provision of services .
- Fees for insurance and valuation of assets ;
3ª - With the conclusion of the contract , the seller guarantees Porto Antigo Leilões and the
future buyer is obliged to submit the document ( s ) proof ( s ) if requested, to:
a) Be the rightful owner of the good(s), free of any onus;
b ) Do not deny Porto Antigo Leilões any information that could , would modify their
willingness to hire or in any way change the description or the value assigned to it .
c ) Where the seller represented by third, applies the preceding paragraphs of this clause ,
with the necessary adaptations , forcing them to submit, if requested , proof of fact.
4ª - The Porto Antigo Leilões also reserves the right, at any time , by you or third parties
performing tests and / or expertise to the item in order to confirm the veracity and / or
accuracy of the description contained in Agreement, at any time,
5ª - The Contract may only be modified by mutual agreement , without prejudice to the Porto
Antigo Leilões power to unilaterally change the descriptions and increase the value of the
base.
6ª - The seller authorizes the Porto Antigo Leilões , publish , advertise and use in any form , for
commercial, cultural , academic or other , the image and description of all goods under the Contract .
7ª - The transportation of goods to the facilities of the Porto Antigo Leilões , your deposit at
our facilities , as well as its subsequent withdrawal if no sale, it is the responsibility of the
seller.
a) The help that the employees or collaborators of Porto Antigo Leilões may provide , or any
indication of some company for this purpose , it is done as a courtesy and can not fall any
responsibility for these people .
8ª - Even after signing the contract , while the item is in possession of the seller are your sole
responsibility any loss or damage , including theft, getting the seller obligated to indemnify
the Porto Antigo Leilões and / or the purchaser for all damages caused .
a) If for any reason the seller withdraw from the sale after the goods have been delivered
to the Porto Antigo Leilões , is obligates to compensate for all expenses incurred in the amount
of not less than 20 % of the total amount of the agreed bases .
9ª - The Porto Antigo Leilões its not responsible for any loss or damage , including theft of goods
already delivered , is covered by insurance for the agreed value basis .
- Payment
10ª - In case of sale of the item, and received from the buyer the full amount of the sale ,
the Porto Antigo Leilões undertakes to deliver to the seller that amount within thirty (30)
days after the auction , less commissions , taxes and other expenses that may arise , in
particular those set out in the Code of Copyright and Related Rights , and therefore to be
contacted by the seller .
11ª- When the seller is too the buyer of other goods , shall comply with the following conditions.
12ª - If the Porto Antigo Leilões has not received from the buyer the full amount of the sale by
the end of the period referred to in clause 10 ª , should report such fact to the seller
informing him yet on whether brought or intend to bring legal action to recover the
amount total sale or a petition for the same resolution .
a) As a reaction against the buyer lacks the intervention of the seller, this will mandate the
Porto Antigo Leilões with the powers necessary for this purpose .
b ) When Porto Antigo Leilões had succeeded to charged, in court or not , the owed amount of the
buyer, will deliver the amount due to the seller within 5 ( five) business days following the effective
charge .
- Items Not Sold.
13ª - Unless otherwise stated by the seller , manifested at any time , if the item is not sold in an
auction, Porto Antigo Leilões reserves the right to make their sale at the minimum selling
price agreed plus commission and tax due during the twenty (20 ) business days following
the auction .
1. Thereafter , without having accomplished the sale of the item , the Porto Antigo
Leilões shall so inform the seller, which must pay immediately what is stipulated in the
contract , not be entitled to any compensation for not succeed on the sale of the item.
2. Proceed to pick up the item at the five (5 ) business days of such notification .
c ) After the period referred to in the preceding paragraph , unless the seller has raised
the goods , the risk for loss or damage , including theft, is of the seller, Porto Antigo Leilões is
not responsible or his employees or collaborators .
d ) The seller is responsible for all additional costs of removal , storage and
insurance as well , caused by its not timely raised item , in an amount not less than € 5.00 /
day / piece.
e) After ninety (90 ) days of the auction , without any formal response from the seller,
the Porto Antigo Leilões will sell the item at auction, without being subject to minimum
sales price agreed , that will pay the amounts owed by the seller .
CONDITIONS APPLICABLE TO BUYERS
- Registration of Potential Buyers
14ª - The Porto Antigo Leilões have available an internet platform Artfact where are
registered potential buyers wishing to use this tool to place bids in competition with
those that are being bided in the room, by telephone or fixed order .
a) The sessions will be announced to the profile with the distribution of each auction
catalog .
b ) The use of this tool has a cost expressed as a percentage of the value of goods
auctioned through it and stand by the respective purchaser an amount .
15ª - To be able to bid , a potential buyer should be in is adulthood, register in advance, and will be
given to the bidder an assigned a number so commonly called racket .
a) The registration must include the name , phone number, residence , the amount that he want
to bid , shall indicate the maximum value , credit card and signature stating
the potential buyer know and accept the present business conditions .
b ) Prospective purchasers wishing to use Artfact must register with at least 12 hours ,
filling rigorously the data requested.
16ª The Porto Antigo Leilões may make a preliminary assessment of the information provided
by potential buyers , in accordance with its historical, political and commercial credit ,
may accept or refuse your registration or suggest an initial payment or the provision of an
irrevocable guarantee .
a) The assignment of the registration number means the Porto Antigo Leilões accepts the
description of the potential buyer, who will be abled to bid .
b ) In the Porto Antigo Leilões watches the right to the use the faculties inherent Bellman ,
ignore anyone who bid in previous auctions and has not fulfilled its obligations
punctually before the auction , including payment and raise of one or more items .
- Bidding and Buying
17ª - Buyer is the person or entity that bided for the item as the highest value , which is considered
auctioned after the auctioneer 's hammer tell it so , or when this said "sold" .
a) The Porto Antigo Leilões does not act in any circumstances on his own behalf as the
buyer of the goods put up for auction.
b) For a more adequate defense of their interests, the potential buyer should attend the
auction.
18ª - Notwithstanding the preceding clause , the Porto Antigo Leilões may, at the express
request of potential buyers who can not be present at the auction , received with at
least three hours with respect to the expected time of start of the respective session :
1. Bid on behalf and for the account of the potential buyers, up to the maximum bid
indicated .
b) Perform the steps necessary to contact potential buyers , to enable
their participation , and obviously this service as a courtesy , and character free and
confidential, and is only possible for lots whose value base bid is equal to or greater than € 50.00.
c ) The Porto Antigo Leilões have developed considers steps along with the
service provider to provide the Artfact guests , believing that they will allow bids
simply , safely and effectively in competition with bids made in the classroom, in
terms it declines any liability for error or omission that may occur during execution .
19ª - It is the auctioneer decides , with full discretion , the amount by which bids evolve in the
bidding for each good , however not exceeding 10 % on the previous tender .
a) Exceptions to values up to € 100.00 in that evolution will be € 10.00
b) It is still the auctioneer determines, with complete discretion , any question that occurs
during the auction , including removing any property from the auction or return the
well to sell the value that raised the doubt.
- Fiscal Regime
20ª - As an indication refers to the arrangements regarding VAT on the commission plus the
price of the good auctioned :
a) VAT at the statutory rate , currently 23% (twenty-three percent) of the amount of ~
commission to domestic buyers , private buyers in the EU and non-EU private buyers ;
b ) VAT is not applicable on commission charged entity registered in VAT (EU ) , certified
by " Vies / Web Validation" ;
c ) Exemption from VAT on the commission charged on export of goods auctioned.
- Commissioning
21ª - Refers as before , the cost of using specific Artfact sales result that is incorporated into
the commission rate to be applied to the value of that property auctioned .
22ª - Thus, if establish differentiated commissions , expressed as a percentage, according to
the auction and bidding has resulted in room or delivered via Artfact .
23ª - The fees charged by the Porto Antigo Leilões , expressed in percentages are :
a) 13 % ( thirteen percent ) , plus VAT at the statutory rate , currently 23% , focus on the
value of goods auctioned as a result of bids delivered to room ;
b) 19 % ( nineteen percent) , plus VAT , focus on the value of goods auctioned as a result
of bidding through Artfact conveyed .
- Payment and Withdrawal of Assets Acquired
24ª - The buyer agrees to pay Porto Antigo Leilões the amount of the auction plus commission,
taxes and other expenses that may arise including packing and shipping.
a) Payment may be made in cash , credit / debit card, check or
bank transfer .
b) The payment by check is not endorsed, only made after considering
good collection of it.
c ) In case you have not been paid the stipulated period , the value
outstanding accrue interest at the legal rate practiced for operations commercial .
25ª- The goods to be auctioned will be paid and collected within five (5) days after the Auction.
a) Thereafter unless the well is raised, the risk for loss or damage the well , including
theft, transferred to the buyer .
b ) The buyer will also be responsible for all additional expenses removal , storage and
insurance as well , caused by its not timely survey .
26ª - The transfer of title of ownership of the property from the seller to the buyer occurs only
with full payment to the Porto Antigo Leilões ions amount owed , and only in this
circumstance allowed the removal of the goods .
27ª - The Porto Antigo Leilões can collaborate with buyers in the necessary arrangements for
the shipment of goods auctioned , suggesting carrier to ensure their delivery at
destination , services that must be paid directly by the buyer . excluding any liability
immediately
a) In the case of auctioned goods with third countries , Porto Antigo Leilões need to first
obtain a compromise on the availability of documentary evidence of export required to
justify the exemption from VAT .
b) Any assistance provided by the Old Port Auctions , its officers, workers or employees in
the activities described here , it is considered- Failure
28ª- If the buyer fails to complete payment of the amount due for the purchase within 21
(twenty one ) days from the date of auction of goods , regardless of them not having been
raised , the Porto Antigo Leilões may, at any time for itself and on behalf of seller, and
without questioning any purchaser:
a) to initiate legal action to recover the amount due , according to law ;
b) Notify the buyer 's cancellation of the sale for failure without prejudice to the right of
the Porto Antigo Leilões receive the commission owed by buyer and the consequent
possibility of legal action to be brought this collection .
c) In any of the cases specified in the preceding paragraphs , the Porto Antigo Leilões may
also assert any other rights that is holder , including claim payment of interest
expenditure removal , storage and / or secure good.
- Disclosure
29ª - The buyer expressly authorizes the Porto Antigo Leilões shooting , publish , advertise and
use in any form and at all times , for commercial, cultural, academic or otherwise,
whether or not related to the auction , the image and description of all assets that have
been acquired through it .
- Responsibility of the Old Port Auctions
30ª - The photographs or representations of goods in catalog are intended solely for
identification.
a) The Porto Antigo Leilões will take steps to ensure Descriptions of the quality of the
goods contained in their catalogs , or by reference to the time , the style , the author ,
the materials and the state of conservation .
b) Notwithstanding what is stated in the previous point, the goods are sold in state they
are in, so potential buyers will compete personally confirm, by prior examination of
the well during the period exposure of the goods before the auction, the accuracy of the
description in catalog, particularly with regard to possible restoration, faults or defects.
31ª - The Porto Antigo Leilões is not liable to the purchaser of an asset :
a) That, for reasons attributable to the seller or a third party will be subject to
complaints or claims of third parties and / or seized , the title either temporarily or
permanently , by the competent authorities , regardless the date on which have been
determined or effected the respective complaint claim or seizure and the nature or
amount of any injury , loss or damage that may arise to the buyer that fact which must
be claimed by the buyer directly to vendor or third party .
b ) That may be prevented from leaving the country , particularly under legislation for the
protection of cultural heritage , regardless of the date that has been effected in the
respective inventory , enrollment or classification, and the nature or amount of any
damage , loss or damage that may arise to the buyer of that impediment, which
should be claimed by the buyer directly to the seller or third party .
32ª - Any Porto Antigo Leilões responsibility to the purchaser is in any case limited to the
amount actually paid for the acquisition of this right, except in case of fraud .
- Final Provisions
33ª- The buyer and seller and express an informed consent to the processing of personal data
under the applicable legislation .
a) The personal information of the buyer or seller will be collected and processed
for the fulfillment of the contractual obligations of the Porto Antigo Leilões before the
tax authorities and the supervisory and character actions promotional .
b) The buyer or seller will have the right of access and information relation to their
personal data, and also ask your modification, rectification or cancellation by sending
this information sense to the Porto Antigo Leilões, by letter, fax or mail .
34ª - For the resolution of any dispute between the parties on the implementation of the business
relationship between them , and the validity , effectiveness, interpretation and integration of these
General Conditions or any other contract documents , the competent court of the district of Porto,
expressly waiving any other .
