Sale Conditions
TERMS AND CONDITIONS
1 - BUYERS
1stART. - To be considered, by "Bidding Leilões", a buyer or a potential buyer is required to register
on the online platform that will allow your registration in our database assigning you a bidders
number. We inform that any user account registered on our platform is not transferable and only
persons who are of legal age may be registered, being obligatory to provide all requested data, such
as Citizen's card/ identity no., birthdate, tax payer number, address and telephone contact;
2ndART. - After submitting the form, the computer system will ask you to accept the declaration of
acknowledgement and to accept of the Terms and Conditions, only then you can proceed to the
conclusion of your registration;
3rdART. - "Bidding Leilões" considers that the registrant acts in his own behalf;
4thART. - Each buyer can only register once indicating his complete and real address, not being
accepted mailboxes;
5thART. - When registering you must choose your username not being accepted any offensive
names, any infringement of the rights of third parties or using names that might be misleading. If
"Bidding Leilões" verifies that the user name does not comply with the requirements indicated
reserves the right to request the user to change his username; if the user does not comply with
"Bidding Leilões" his registration might be canceled;
6thART. - The password is chosen by the user and must be kept in confidentiality, as in general the
user is responsible for all activities on his account, however, if any abusive use is detected by any of
user accounts, to the detriment of "Bidding Leilões" or third parties, it may result in its annulment;
7thART. - "Bidding Leilões" reserves the arbitrary right to refuse registration or to ignore bids from
those who are not complying with the pick-up obligations and/or payments of the assets from
previous auctions or is in violation of any legal provisions or third party rights;
8thART. - The cancelling of the registration may also occur in case of protection or manipulation of
data, in particular unpaid bids or misuse of the online platform;
9thART. - "Bidding Leilões" is already authorized by the buyers to photograph, publish and use in any
and all forms, at all times and for any purposes, the image and the description of the assets
acquired, with the exclusive intention to identify the same subject for sale;
10thART. - After the sale of any asset, "Bidding Leilões" reserves the right to publish and use the
photographs and descriptions thereof, for commercial purposes, cultural, academic, scientific or
other subjects not directly related with the auction of the lots in question;
11thART. - The bid submitted by the user constitutes an offer of value to the "Bidding Leilões",
whereby the contract for the purchase of a lot does not materialize, nor is it complete until the
auction has ended;
12thART. - During each auction, interested bidders will be registered in our database in order to the
bidding process is done in a computerized and automatic form; the bidder with the highest bid will
definitely be the winner;
13thART. - All auctions take place for a fixed period of time in accordance with the intended by
"Bidding Leilões". This way, the auctions end as soon as the close timer;
14thART. - In case the offer made by the user through the bidding does not reach the server of
"Bidding Leilões", before the official end of the auction, bidding is not considered;
15thART. - In the case of a system failure of the "Bidding Leilões " that does not allow the biddings to
show up, the time counting of the auction in question, or any other system malfunction, the
amounts and the bids will be temporarily interrupted; after the failure has been eliminated the
bidding process is resumed; however, we inform you that an auction that has been temporarily
interrupted will be duly indicated by our team;
16thART. - Considering that it is not possible to guarantee an error-free software or a data
processing system or to exclude any unpredictable Internet-related issues, "Bidding Leilões" does
not guarantee a constant and uninterrupted availability of your website and related systems;
17thART. - "Bidding Leilões" is not accountable for any issues that may occur as a result of technical
breakdowns; as failure may lead to a partial or total loss of the bids record;
18thART. - "Bidding Leilões" will not be responsible for any failures or malfunctions of the users'
computer during the bidding or for the incorrect or excessively slow data transmission by the
Internet provider;
19thART. - If serious problems are detected at a system level in one of the "Bidding Leilões" online
auctions, that same auction will be voided.
2 - BIDDING
20thART. - All registered users can bid in any auction of "Bidding Leilões";
21stART. - The minimum bid value corresponds to the base value of each piece;
22ndART. - Each bid is an offer of purchase value, increasing the lot price; the last bidder will define
the highest bid, i.e. the value by which the lot was sold / won;
23rdART. - All online bids are considered as purchase contracts and are considered final and binding;
24thART. - A bidder is considered the buyer by "Bidding Leilões" the one that is duly registered and
provided with a bid number, that bided and won the asset for the highest value;
25thART. - In the case of two buyers making a maximum offer of the same level, the first one
presented to "Bidding Leilões" will be considered valid;
26thART. - After the auction is completed, "Bidding Leilões" will contact the winner bidder by email;
27thART. - The "Bidding Leilões" and their representatives, cannot act on their own behalf as a buyer
of assets in one of its auctions;
3 - PAYMENT AND COLLECTING
28thART. - The buyer commits itself to pay the total amount for which he purchased the lot or lots,
plus 21% sales commission (plus VAT at the statutory rate in accordance with the special regime of
sales of auctioned goods);
29thART. - It is the buyer's obligation to procced to the payment of the good or lot within 5 (five)
business days following the date of winning the said lot, and is equally obligated to schedule the
collection of the goods during the 8 (eight) days following the date of their award. After the deadline
mentioned above, the "Bidding Leilões" reserves the right to cancel the sale by canceling the
transaction;
30thART. - Any good or lot can only be collected after the payment of the entire amount due has
been made; until then, the asset will always be owned by "Bidding Leilões";
31stART. - Any good that is fully paid and which is not collected by the purchaser within a maximum
period of twenty-five (25) days after the sale at the auction, it's property will immediately revert to
"Bidding Leilões" and this one can donate, sell, or auction the property, without the buyer being
entitled to demand any compensation or indemnification for this; although the asset is already paid,
the Buyer is solely responsible for all costs incurred in non-collecting the acquired goods;
32ndART. - The survey of the assets is carried out in the installations of "Bidding Leilões" - Avenida
Óscar Monteiro Torres, 15B - 1000-114 Lisboa;
33rdART. - Payments can be made by: ATM, VISA, check, cash (within legal limits), postal order or
bank transfer, through the following data:
Beneficiary: Bidding Leilões Lda.
Bank: Caixa Geral de Depósitos
IBAN: PT50 0035 0001 00037098230 20
BIC SWIFT: CGDIPTPL
PAN: 0035 0001 0003 7098 230 20
The payments made by check, money order or bank transfer are only considered effective after
collection.
4 - HANDLING, PACKAGING AND TRANSPORTATION
34thART. - The buyer must, at his own expense and responsibility, provide the handling, packing,
collecting and transport of the acquired goods. There will be goods that can be sent by post office,
and they are indicated in the description in the auction, and they will be at the cost and
responsibility of the buyer;
35thART. - In no case will be sent to the collection;
36thART. - Any aid provided in these acts by "Bidding Leilões" through its representatives, their
employees or collaborators is done by courtesy, and in that there's no liability of any kind that can
be attributed to them in the event of damage, even if caused by negligence;
37thART. - The possible indication or suggestion of a company or an individual for the performance
of any of the acts above mentioned also excludes any responsibility of "Bidding Leilões", its
representatives, its employees or collaborators, for any damages or losses arising from these
services;
5 - NON-COMPLIANCE WITH COLLECTING
38thART. - If the buyer does not carry out the collection of the asset acquired within the
established period of time, he will be liable for the loss or damage, including theft or robbery, that
might occur to the asset, even if they are caused by negligence or another cause by "Bidding
Leilões" representatives, its employees or contributors; the buyer shall also be liable for all removal,
storage, and/or insurance of the asset to which he is entitled;
6 - DESCRIPTION OF AUCTION'S GOODS
39thART. - It is the responsibility of "Bidding Leilões" the accuracy of the descriptions of the goods
auctioned, in particular with regard to the author, the materials, the style, the epoch and their
conservation status. However, and without prejudice to the above mentioned, it may happen that
"Bidding Leilões" has to publicly and verbally correct the description and characteristics of any asset
up to the time of sale, therefore, neither "Bidding Leilões" nor their representatives, their workers
or employees are held liable for such facts. The descriptions of the Lots provided by "Bidding
Leilões" according to its best knowledge may be different from the originals; they are merely
informative and not binding to "Bidding Leilões";
40thART. - The assets placed for auction are sold in the conservation status in which they are, being
the responsibility of the potential buyers to verify the accuracy of the description of each piece,
namely: its authenticity, the type of mechanism, the warranty, any repairs, defects, faults or
imperfections presented personally during the exhibition in the days prior to the auction;
41stART. - In assets whose structure and constitution includes mechanisms, such as watches, music
boxes or others whenever it's description in the catalog does not expressly mentions the possible
need for repair of the mechanism or equivalent expression, it should be understood that the
mechanism is functioning. In this case, the responsibility of "Bidding Leilões" only concerns the
functioning of the mechanism rather than the type of mechanism and its perfect functioning, ceasing
this responsibility at the moment when the buyer collects the good.
7 - COMPLAINT, CLAIMS OF THIRD PARTY GOODS
42ndART. - In the event of any complaint or claim of third parties or provisional or definitive seizure
of any good by them competent authorities, irrespective of the date on which the complaint, claim
or seizure was made, it may never be required by any purchaser, any kind of liability to "Bidding
Leilões" for any damages or losses that the buyer has, and the buyer must make the complaint that
he finds of his own right directly to the seller or third party causing them;
43rdART. - There is also no liability of any kind on the part of "Bidding Leilões" to any buyer of a good
that is prevented to leave the country under the legislation of protection of Cultural Heritage,
regardless the date on which the respective inventory was made, enrollment or classification, and
the buyer who feels prejudiced should claim its hypothetical losses directly to the seller or to the
third party causing them;
44thART. - For any situation not mentioned in this article, the possible liability of "Bidding Leilões" is
limited to the total value and in simple terms of the acquired asset.
8 - CONDITIONS FOR BUYERS AND SELLERS - DATABASE
45thART. - The buyers and sellers expressly authorize the processing of your personal data collected
on the auction's registration form, in contracts, in invoices or other documents under the terms of
the Law 67/98 of October 26th. This processing is part of authorization No. 1/99;
46thART. - The personal data collected from buyers and sellers are used for the purposes of
processing contractual obligations and conditions and for sending information about activities,
exhibitions, auctions, as well as promotional information. Buyers and sellers have the right to access
and to the information about personal data recorded in "Bidding Leilões";
47thART. - In order to amend, rectify or delete personal data, the registered purchasers and/or
sellers must do so through the website by email or letter addressed to "Bidding Leilões".
9 - COMMUNICATION
48thART. - Any and all communication from "Bidding Leilões" to their customers namely buyers,
sellers, owners or accredited representatives to any of the aforementioned clients, shall be executed
by email or post office, and if it is registered, it is considered that the consignee has been notified 48
hours after its dispatch.
10 - VENUE
49thART. - For the resolution of any conflict between the parties under the contract of services
provided between them shall be the venue of Judicial District of Lisbon, with express waiver of any
other.
