ANTEO SUBASTAS is the trade name used by Cástor Lobelos Velay (D.N.I. 15.905.134-J), with registered address in San Sebastián (Guipúzcoa), Calle Garibay, nº 18, will use as the name under which it will perform its mediation and sales activities using the auction or direct sale system of its own assets or assets assigned by their owners or lawful holders for this purpose, acting as mediator.
The company “ANTEO SUBASTAS” (hereinafter, the “Room”) is a Contracting Centre, intermediation (services) and sale by auction or direct sale of own assets or assets assigned by their owners or lawful holders for this purpose, acting as mediator.
Consequently, the Room acts as a mediator between the owner and/or seller of each lot, on its behalf, and any potential purchasers.
Any lots to be auctioned will be previously exhibited at least seven days before the auction on “ANTEO SUBASTAS”’s premises, in order to allow potential purchasers to adequately examine and study them.
All lots will be auctioned as is. The Room disclaims all liability or claim related to their restoration, damage, breakage, etc., even if not indicated in the catalogue. The lots are exhibited in order to enable a complete examination and study.
Until the Auction is held, the Room staff will be available to all interested parties in order to provide any clarifications on the lots.
Any statement made in the catalogue on authorship, authenticity, source, age, origin, measurements and state of the lot (see IV Terms) is based on what its owners and/or vendors have represented and, as the case may be, when expressly requested by them, following through research and advice. Nevertheless, the Room disclaims all liability on the accuracy of the foregoing. As is international practice, catalogued lots are sold with all possible faults and imperfections, including errors in catalogue descriptions. Consequently, the purchasers must check before the auction that the description of a particular lot matches their personal opinion.
The Room reserves the right to organise, change or subdivide the lots, according to their cautious and expert opinion. It may also combine two or more lots and withdraw them for justified reason.
The starting price of each auctioned lot will be mutually agreed by the Room and owner/vendor. To this effect, the Room will provide the owner/vendor with its best opinion and experience, based on its participation as mediator in preceding and analogous transactions.
Each lot’s lot starting price is specified in the catalogue and will constitute the minimum sale price, unless a reserve has been exceptionally agreed with the depositor/vendor or the Room has decided to establish it at its discretion.
As mediator and when auctioning the lots entrusted, the Room will follow any applicable rules in force at all times, as well as any commercial usage traditionally governing this type of transaction, further to the principle of good faith.
All bids will be established and/or increased following this scale:
In any case, based on its experience, the Room may change the bidding system in specific cases.
These thresholds in ascending bids will always apply for On-Line Auctions held by Anteo Subastas.
The auction Manager will be entitled to reject any bid that does not exceed the preceding bid, in the amount applicable in each case. The auction Manager himself may demand the ratification of a bid.
All lots will be awarded to the highest bidder. A disagreement between two or more bidders as to the amount of the highest bid and, in general, any difference arising amongst the auction bidders, will be settled by the auction Manager, who will award the lot as he deems fit, in a final manner. If the auction Manager does not settle the disagreement or difference amongst the bidders when it arises, the Room will be entitled to hold a new auction for the relevant lot in the same gathering or the one immediately thereafter, or it may proceed with a private auction of the lot.
In On-Line Auctions, if there is a draw between two maximum bids, the last one made will always prevail.
All costs incurred in packaging and transporting the awarded lot will be borne by the awardee/purchaser, who will be solely liable for any damage caused thereto in itinere.
The awardee/purchaser will be in charge of obtaining and contributing, as applicable and at its sole cost, any legal and administrative documentation, licences and permits, including export and import licences, which may be eventually required by any national and international Public Authorities and Administrations, in order to legally transport the lots awarded and/or acquired in the Room.
During exhibition days and hours, the Room will make a help desk available to the public, consisting of a group of experts, who will provide information on the state of conservation, known author, market prices or any other details related to the lots included in the auction catalogues.
This customer help desk service will be provided further to the principle of good faith and the Room’s reasonable and founded opinion, based on its experience but disclaiming all liability as to the information and opinions provided.
The Room has an appraisal service in order to provide written appraisals in the case of painting, jewellery and other works of art, libraries, books and manuscripts for insurance, wills, distribution of assets, award to pay debts and others. An appraisal will be made subject to a duly accepted estimate, which will not include VAT or any expenses and allowances incurred due to providing appraisal services outside the municipality of San Sebastián (Guipúzcoa).
The vendor will be responsible for obtaining and providing, at its sole cost, any legal and administrative documentation, licences and permits, including export and import licences, which may be eventually requested by any national and international Public Authorities and Administrations, to legally transport and distribute the items deposited in the Room for sale. Furthermore, the awardee will be in charge of obtaining and providing, as necessary, at its sole cost, any legal and administrative documentation, licences and permits, including export and import licences, which may be eventually requested by any national and international Public Authorities and Administrations, in order to legally transport the lots awarded and/or acquired in the Room. The procurement of this documentation will not affect any purchase; the awardee will pay the price of the lot to the Room and any other amounts accrued.
The Room may request references on any potential participants as bidders in an auction. Likewise, the Room may request bank reference or other guarantees from the awardee/purchaser of one or several lots, if this is deemed appropriate.
The Room and auction Manager may reject any bid without having to provide any justification or explanation whatsoever.
Whilst the lots are being exhibited, anybody intending to participate in an auction will check the state and other conditions of the item to be purchased, in order to confirm that the catalogue description reflects his examination.
The Room may make a bid and announce, over time and according to the circumstances of the auction, any offers it has received in writing from any bidders, formalised in the forms provided by the Room for this purpose or by any other electronic or remote means. This service is cost-free. All Lots will be awarded at the lowest price allowed by the other bids and any reserve prices. If more than one offer for the same Lot is received, for the same price, the first offer received by the Room will be granted priority for its subsequent award in the auction, by date and time of receipt. The Room reserves the right to reject any bids received after 2:00 p.m. on the day of the auction, without having to provide any justification or explanation whatsoever.
Bids may be placed by phone, for lots with a starting price that is equal to or greater than 500€, which will also be formalised in writing in the forms provided by the Room or through any other electronic or remote means. An order to place a bid by phone means that the bidder undertakes to at least cover the starting price. The Room hereby disclaims all liability for the failure or loss of telephone contact, in which case the Room will cover the bidder’s starting price.
In the event of a draw between a bid made in the Room and one made in writing, the latter will prevail.
Any persons intending to make a bid at the auction must complete the standard file request or form to confirm their future purchases, further to the terms of the auction, which will be provided by the Room at the desk enabled for this purpose, thereafter assigning a number to each bidder.
If Anteo Subastas requires a bidder to make a security deposit in order to participate in the auction and bid for a lot and the successful bidder/buyer of the lot does not pay for the lot within 7 working days of the auction, Anteo Subastas will terminate the sale of the lot and the successful bidder/buyer will forfeit the security deposit made for the lot as compensation and expenses incurred.
All awarded lots will be paid by the awardee/purchaser within a maximum of seven days and withdrawn within a maximum of twenty calendar days; both timeframes will begin to run as of the auction award date. If this second timeframe expires without the awardee/purchaser having withdrawn the acquired lot or lots, custody and storage costs will accrue by lot/day of 5 Euros; if seven calendar days transpire since the auction date without the purchaser paying and/or withdrawing the lots, “ANTEO SUBASTAS” may either deem the sale as terminated and Shell the lot to another client or auction the lot again, or bring legal action to claim the final awarded price of the lot not paid, as well as claiming a penalty consisting of legal interest and storage expenses since the auction date. As for any future damage that may be caused to the awarded lots, these will be entirely paid by the awardee/purchaser.
The total payable by the awardee/purchaser to the Room as duties or commissions for participating in the transaction will be of 20% of the auction price, plus the corresponding 21% VAT on the 20% commission. . Any amounts representing packaging costs, insurance, lot transportation and storage, as they gradually accrue after the award, will be separately paid to the Room, along with applicable tax, by the awardee/purchaser.
Any rights held by the authors and their heirs, over works and creations, will be protected under Intellectual Property Act 23/2006, of 7 July.
Unless otherwise expressly provided elsewhere in these General Terms, all figures, rates and amounts indicated therein will be presumed as excluding VAT or other required tax.
Should any differences arise between the parties related to auction trades, the depositor/vendor, awardee/purchaser and the Room itself, waiving any other forum to which they may be entitled, will submit to the competence of the Courts and Tribunals of San Sebastián (Guipúzcoa).
Any trades involving the Room, in terms of legal classification and consequent effects, will be governed by the rules of Spanish law and, specifically, by the provisions regulating mediation and deposit agreements.
Basic information on data protection: The processing of your personal data will be carried out confidentially. Anteo Subastas is committed to respecting privacy, has implemented the appropriate technical and organisational measures to guarantee an adequate level of security and complies with current legislation on Personal Data Protection.
Data controller: Mr. Cástor Lobelos Velay (15.905.134-J) "Anteo Subastas".
Purposes: to manage our services of intermediation of works of art, organisation of auctions, valuation of works and related activities; to provide tools for contact and consultation with interested parties; to inform, organise and disseminate the activities and initiatives of Anteo Subastas.
Legitimisation: processing necessary for the management of our services ("contractual relationship"); consent to send commercial information.
Recipients: no communications to third parties are foreseen, except for those that are legally obligatory.
Retention: the periods established in the applicable regulations (tax, LPBCFT, etc.).
Rights: you may request your rights of access, rectification, limitation, suppression, opposition and portability at Calle Garibay, 18, 20004 Donostia San Sebastián (Gipuzkoa), e-mail correo@anteosubastas.net.
You can consult our complete data protection policy at: https://www.anteosubastas.net/
If any provision of these General Terms is deemed invalid, ineffective, voidable, inapplicable or contrary to law, the other clauses will remain in force. The provision in question will be replaced with another valid and enforceable provision that most accurately reflects the Parties’ intention and purpose, insofar as permitted by law.
ANTEO SUBASTAS may change the General Terms by informing its Customers sufficiently in advance, in order to improve the services and products offered through www.anteosubastas.net. Any change in the General Terms displayed on the website of www.anteosubastas.net will presume that this duty of notification has been fulfilled.
In any case, before using the services or hiring our products, the General Terms may be consulted.
In order to settle your lots, credit/debit card payment is possible through our website. BBVA has a Virtual POS, an on-line payment gateway allowing you to pay for your lots with a card, through the Internet, easily and, above all, safely.
The BBVA on-line payment platform integrates the CES system (Secure Electronic Purchases). Further to international Visa and MasterCard SecureCode Verified protocols, this provides a high level of payment security and protection. In addition to the CES protocol, the Virtual POS is configured with “velocity check” security limitations.
You may also pay in cash at our offices in Calle Garibay, 18, 20004, San Sebastián, Guipúzcoa, for amounts under 1,000 euros, pursuant to Act 11/2021 of 10th July. A bank transfer may be made to the Room’s current account or a bank-endorsed cheque provided.
Any printed statement in a catalogue as regards authorship, authenticity, attribution, origin, date, age, source and state of the lots will always constitute an opinion that is governed by the interpretative terms described below:
For catalogue purposes, an item will be considered antique if it is more than one hundred years old since its creation date.
If we indicate that a clock is operable, this means that it at least contains all the parts necessary for it to be repaired and started up.
“ANTEO SUBASTAS” does not guarantee the preservation of any wine.
All gems are approximately weighed and measured, as exact measurements are not possible due to the jewel’s setting or design. The colour and purity of any set diamonds will be provided as an example only, given that for a full description they need to be dismantled (Article 7.1 of the CIBJO nomenclature). Wrist and pocket watches included in the catalogue will be operating unless “update required” is expressly indicated. Likewise, all furniture and items are measured as accurately as possible, but in many cases their formal characteristics only allow an approximation.
The company “ANTEO SUBASTAS” (hereinafter, the “Room”) is a Contracting Centre, the object of which is to make sales through final awards, after holding a prior voluntary auction, of assets, artistic items or similar goods entrusted for this purpose.
Consequently, the Room acts as a mediator between the owner and/or seller of each lot, on its behalf, and any potential purchasers.
The Room reserves the right to accept or reject any lots that are offered for auction.
Upon acceptance of the lot, and always based on the statements made by its owner and/or vendor, the Room will describe it in the relevant admission receipt or slip.
Once a lot is accepted, even if delivered by the owner and/or vendor, the Room will act as depository. Likewise, it will expertize and appraise the lot through qualified staff, including its restoration, framing, conservation and/or cleaning, all insofar as expressly requested by the depositor/vendor.
The price of the foregoing activities or services will be paid by the depositor/vendor to the Room, as it may decide, in advance and separately; or the relevant amount may be deducted by the Room when settling the lots in favour of the depositor/vendor, after the auction and award.
Any reproduction of the lots in the Room’s catalogues will be borne by the depositor/vendor; any statement made in the catalogue on authorship, authenticity, source, age, origin, measurements and state of the lot (see IV Terms) is based on what its owners and/or vendors have represented and, as the case may be, when expressly requested by them, following through research and advice. Nevertheless, the Room disclaims all liability on the accuracy of the foregoing. As is international practice, catalogued lots are sold with all possible faults and imperfections, including errors in catalogue descriptions. Consequently, the purchasers must check before the auction that the description of a particular lot matches their personal opinion.
The depositor/vendor hereby grants the Room the right to photograph and illustrate any lot to be auctioned, including the possibility of using said photographs and illustrations at its total discretion, including for these purposes the use of electronic means and support.
Any statement made in the catalogue on authorship, authenticity, source, age, origin, measurements and state of the lot (see IV Terms) is based on what its owners and/or vendors have represented and, as the case may be, when expressly requested by them, following through research and advice. Nevertheless, the Room disclaims all liability on the accuracy of the foregoing. As is international practice, catalogued lots are sold with all possible faults and imperfections, including errors in catalogue descriptions. Consequently, the purchasers must check before the auction that the description of a particular lot matches their personal opinion.
Any lots to be auctioned will be previously exhibited at least seven days before the auction on “ANTEO SUBASTAS”’s premises, in order to allow potential purchasers to adequately examine and study them.
“ANTEO SUBASTAS” will be in charge of arranging the auction, selecting and describing the lots, establishing their bidding order and scheduling the date and time of the auction.
The Room reserves the right to organise, change or subdivide the lots, according to their cautious and expert opinion. It may also combine two or more lots and withdraw them for justified reason.
All lots will be awarded to the highest bidder. A disagreement between two or more bidders as to the amount of the highest bid and, in general, any difference arising amongst the auction bidders, will be settled by the auction Manager, who will award the lot as he deems fit, in a final manner. If the auction Manager does not settle the disagreement or difference amongst the bidders when it arises, the Room will be entitled to hold a new auction for the relevant lot in the same gathering or the one immediately thereafter, or it may proceed with a private auction of the lot.
As mediator and when auctioning the lots entrusted, the Room will follow any applicable rules in force at all times, as well as any commercial usage traditionally governing this type of transaction.
“Self-bidding” will be forbidden, i.e. a bid made by the depositor/vendor himself or a direct relative, in relation to a lot assigned to the Room for sale through an auction by said depositor/vendor. The Room reserves its right to bring the necessary legal action against any such depositor/vendor, who fraudulently raises the price of his lot, and to cancel any such bids once detected, billing the depositor/vendor 32% as duties or commissions, to which applicable VAT will be added, custody and storage expenses, at a rate of 5 €/day following the date indicated in the admission receipt or slip.
If “self-bidding” is detected, the auction will be cancelled and the lot returned to the depositor/vendor, provided that the latter has paid the items indicated in the preceding paragraph.
The starting price of each auctioned lot will be mutually agreed by the Room and owner/vendor. To this effect, the Room will provide the owner/vendor with its best opinion and experience, based on its participation as mediator in preceding and analogous transactions.
Each lot’s lot starting price will be specified in the admission receipt and catalogue. The starting price will constitute the minimum sale price, unless a reserve has been exceptionally agreed with the depositor/vendor or the Room has decided to establish it at its discretion.
“ANTEO SUBASTAS” holds an insurance policy to cover any potential loss or damage to the assets deposited in its care. Both the value agreed and the starting price will be guaranteed, subject to deducting the Room’s commissions.
If a lot is not awarded during the auction held for this purpose, the depositor/vendor may instruct a new auction to be held or else withdraw the lot, paying all expenses and storage services- at a rate of 5 €/day since the auction date-, insurance, issue of the catalogue and transportation, should the depositor/vendor not have already done so.
If one month expires since the failure to award the lot at the relevant auction, and the depositor/vendor does not act or instruct the Room in the terms of either of the foregoing alternatives, it will be presumed that the lot is held by the Room and is expressly authorised by the depositor/vendor, as a mediator and without the need for prior notice, to directly sell the lot in question at the minimum sale price established at the time or to hold a new auction. In this case, the Room may set the starting price it deems appropriate, up to a limit of 40% less than the former price established for that same lot.
The Room has an appraisal service in order to provide written appraisals in the case of painting, jewellery and other works of art, libraries, books and manuscripts for insurance, wills, distribution of assets, award to pay debts and others. An appraisal will be made subject to a duly accepted estimate, which will not include VAT or any expenses and allowances incurred due to providing appraisal services outside the municipality of San Sebastián (Guipúzcoa).
The Room presumes that the depositor/vendor holds the necessary legal capacity to enter into contracts, peaceful possession and full powers of disposal over the assets auctioned or sold. The depositor/vendor hereby releases the Room from any liability and will entirely assume any consequences, loss and expenses that may eventually arise from defects in legal capacity, title or free disposal of the depositor/vendor, or as a result of third party claims over items deposited for auction or sale.
The depositor/vendor hereby authorises the Room to deduct from the final awarded price, or to bill, any expenses incurred up to the date of the auction, as well as any taxes levied on these expenses, at the rate in force and applicable at the time.
Said expenses will be paid to the Room further to either of the alternatives foreseen in the General Terms.
Should the depositor/vendor decide, following the appraisal of a lot and/or inclusion of a lot in a catalogue, to not carry out the sale in an auction, for which the Room’s mediation was requested, the latter will be entitled to demand 32% of the price, as expenses incurred and indemnification, representing its commissions, plus applicable VAT, expenses and storage services- at a rate of 5 €/day since the date indicated in the admission receipt or slip-, insurance, issue of the catalogue and transportation, should the depositor/vendor not have already paid for these items.
The lot will be returned to the depositor/vendor provided that it has paid the aforementioned items.
Upon settlement in favour of the depositor/vendor of the awarded price for the lot auctioned or sold, the Room will deduct 17% as commissions or duties, for its mediation, to which will be added applicable VAT.
If one month expires since a lot was awarded in an auction without the awardee/purchaser paying the final awarded price, the Room will use its best endeavours and take the necessary steps to obtain the relevant amounts from the awardee/purchaser; should these steps be unsuccessful, the depositor/vendor will have two options: (i) to hold another auction for the lot, or (ii) to duly empower the Room, its lawyers and/or court attorneys in order to bring a claim in court, in which case the depositor/vendor will bear any expenses arising from or accrued in such judicial proceedings.
In the event that the depositor/vendor does not act or instruct the Room in the terms of either of the foregoing alternatives, the depositor/vendor hereby expressly authorises the Room to directly sell the lot in question, without the need for prior notice, or to hold another auction, at the starting price and/or minimum sale price established at the time. For these purposes, the Room will be expressly empowered to use any means, systems and electronic/commercial supports it deems appropriate.
The Room will issue a settlement for the depositor/vendor of the relevant amount, after deductible expenses, Room commissions, copyright- if any- and tax, thirty days following the auction date, as long as the lot has been paid by the awardee/purchaser. In the event of non-payment by the awardee/purchaser, the provisions of the preceding Term will apply.
As an exception and if the Administration exercises its right of pre-emption, the relevant settlement will follow the payment procedure and timeframes specifically foreseen by law. In this case, the provisions of Term 17 will not apply.
Any rights held by the authors and their heirs, over works and creations, will be protected under Intellectual Property Act 23/2006, of 7 July. If applicable, the awarded and/or sale price of a work created by authors subject to the Intellectual Property Act will be accordingly decreased, at the depositor/vendor’s cost.
Unless otherwise expressly provided elsewhere in these General Terms, all figures, rates and amounts indicated therein will be presumed as excluding VAT or other required tax.
Should any differences arise between the parties related to auction trades, the depositor/vendor, awardee/purchaser and the Room itself, waiving any other forum to which they may be entitled, will submit to the competence of the Courts and Tribunals of San Sebastián (Guipúzcoa).
Any trades involving the Room, in terms of legal classification and consequent effects, will be governed by the rules of Spanish law and, specifically, by the provisions regulating mediation and deposit agreements.
When depositing a lot, the depositor/vendor will be provided with a copy of these General Terms, along with an admission slip or receipt, as an annex thereto.
The receipt will declare his awareness of the content of these Terms and acknowledgement of receipt at that same moment, whereupon they will be binding.
All items and works of art will be accepted as is. The Room hereby disclaims all liability for any restoration, breakage, imperfections, etc., even if not indicated in the relevant admission receipt.
The Spanish State reserves all pre-emption and redemption rights over the lots auctioned, and may exercise its right of pre-emption at the auction itself or its right of redemption within the timeframes foreseen by law.
Basic information on data protection: The processing of your personal data will be carried out confidentially. Anteo Subastas is committed to respecting privacy, has implemented the appropriate technical and organisational measures to guarantee an adequate level of security and complies with current legislation on Personal Data Protection.
Data controller: Mr. Cástor Lobelos Velay (15.905.134-J) "Anteo Subastas".
Purposes: to manage our services of intermediation of works of art, organisation of auctions, valuation of works and related activities; to provide tools for contact and consultation with interested parties; to inform, organise and disseminate the activities and initiatives of Anteo Subastas.
Legitimisation: processing necessary for the management of our services ("contractual relationship"); consent to send commercial information.
Recipients: no communications to third parties are foreseen, except for those that are legally obligatory.
Retention: the periods established in the applicable regulations (tax, LPBCFT, etc.).
Rights: you may request your rights of access, rectification, limitation, suppression, opposition and portability at Calle Garibay, 18, 20004 Donostia San Sebastián (Gipuzkoa), e-mail correo@anteosubastas.net.
You can consult our complete data protection policy at: https://www.anteosubastas.net/
"ANTEO SUBASTAS”
C/ Garibay 18
20004 San Sebastián (Guipúzcoa)
The vendor will be responsible for obtaining and providing, at its sole cost, any legal and administrative documentation, licences and permits, including export and import licences, which may be eventually requested by any national and international Public Authorities and Administrations, to legally transport and distribute the items deposited in the Room for sale. Furthermore, the awardee will be in charge of obtaining and providing, as necessary, at its sole cost, any legal and administrative documentation, licences and permits, including export and import licences, which may be eventually requested by any national and international Public Authorities and Administrations, in order to legally transport the lots awarded and/or acquired in the Room. The procurement of this documentation will not affect any purchase; the awardee will pay the price of the lot to the Room and any other amounts accrued.
The items offered by Anteo Subastas both in auction room, online auction, online sale and / or direct sale management, are offered in the state of conservation that they had at the time of being deposited, so that during the opening hours of the room we provide a customer service consisting of a group of experts who will report on the state of conservation, author to whom it is attributed or any other information related to the items available for purchase or bidding.
This customer service will be provided in accordance with the principles of good faith and reasonable and well-founded criteria of Anteo Subastas acquired with experience, but without Anteo Subastas assuming any responsibility for the information and opinions provided.
Only in cases where the object received by the Awardee/Buyer does not correspond to the description or has significant flaws not indicated in the description, the Awardee/Buyer will have 14 (fourteen) calendar days from the date of receipt of the shipment to return the object.
As a buyer you can cancel a purchase within fourteen days from the date of receipt, only in cases where the piece does not correspond to the cataloging or has very significant flaws not indicated in the description or that can not be seen in the images. The non-authenticity of the object must be reasoned and justified by an authority in the field. The piece must be returned in the same state and condition as it was delivered.
Anteo Subastas will refund the amount of the sale by bank transfer to an account whose holder is the successful bidder/buyer of the invoice, upon receipt of the object in the same condition in which it was delivered. Packaging and transport costs shall be borne by the Awardee/Buyer and any damage that may be caused to the same during transport shall be the sole responsibility of the Awardee/Buyer. Any other expenses generated by the return shall be for the account and risk of the Beneficiary/Buyer.
In cases of discrepancy as to authenticity, a written report by a recognized authority on the subject must be provided.
Mouldings and picture frames and other similar objects are decorative accessories that do not form an integral part of the described object and therefore no claims or returns will be accepted for the state of conservation of the same.
Time of notice of withdrawal
To exercise the right of withdrawal, you must notify us within 14 days of receipt of the goods. You can send us a notice, with the data of the lot to our email: correo@anteosubastas.net
Confirmation of withdrawal request
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