Commercial Terms and Conditions
“Carlos Matos, Esteves & Pacheco - Leiloeiros, Lda”, hereinafter referred to as “Auctioneer”, duly certified and authorized by Direção-Geral das Atividades Económicas (DGAE) under the provisions of Decree-Law No. 155/2015 of August 10, subject to its activity as an auctioneer to these Commercial Conditions.
The participation in the auctions organized by Auctioneer presumes the acceptance of the Commercial Conditions contained in the following paragraphs, as well as any others stated in a proper place.
A) General Commercial Conditions
- The goods for sale in the Auctions organized by the Auctioneer are organized by lots.
- The prices listed in each lot are base prices, under which no bids will be accepted.
B) Commercial Conditions Related to Buyers
- In order to bid, the potential Buyer must be of legal age.
- The Auctioneer reserves the right, at the time of registration or at a later time, to request the presentation of an authentic valid and in force identification document to the potential Buyer or his representative.
- The Auctioneer also reserves the right, at the time of registration or at a later time, to ask any potential buyer or his representative to provide a guarantee or to request the payment of a deposit, which the Auctioneer considers reasonable, both in form and amount.
- The Auction participants are responsible for the bids made and the Auctioneer cannot be held responsible for any errors that occur in the bidding.
- Any amounts must be paid in Euros.
- The lots will be awarded to the highest bidder. In case of equal value bids, the bid that was made first shall prevail. In case of doubt the lot will be set for bidding again.
- Bids are accepted up to 24 hours before the final auction by e-mail, fax, telephone, or registered mail.
- Regarding the value reached in the final, hammer auction, are added the commissions of the Auctioneer:
- in the amount of 20% in the special “Legacy” Auctions, plus VAT at the legal rate in force; and
- 18% in the ordinary Auctions “MEP”, plus VAT at the legal rate in force.
- The winning Buyer (with the highest bidding) must make the payment of the lots he has acquired in the 8 days following the delivery of the sales account.
- The payment of any amounts should be made by bank transfer.
- After the collection of any amounts, the Auctioneer will return to the Buyer the amount that eventually was given to him as a guarantee or security deposit.
- After the said period (8 days) has elapsed without any payment by the Buyer, the latter incurs a delay, and the Auctioneer reserves the right to charge default interest at the legal rate on the total amount owed until the moment of its receipt. As from the moment the delay is constituted, the Buyer becomes responsible for any loss or deterioration, including theft or robbery, that may occur in the purchased lot, as well as any expenses arising from the storage or insurance of the lot.
- The transfer of ownership of the lot or lots only occurs when full payment of the price has been made.
- The Buyer expressly authorizes the Auctioneer to photograph, publish, advertise and use, in any form and at any time, for commercial, cultural, academic or other purposes, whether or not related to the holding of the Auction, the image and description of all goods that have been placed through it in Auction.
C) Auctioneer’s Commercial Conditions
- The Auctioneer will take due care and precautions to ensure the accuracy of the lots descriptions.
- The Auctioneer shall not be held responsible for failures relating to description, cataloging, mechanical or technological errors of which it could not have been aware.
- The Auctioneer may need to amend the characteristics and description of any lot, until the moment of sale, and may not be held responsible for this.
- The lots are sold in their exact state of conservation, so it is up to the Buyers to view and confirm the accuracy of the lots in loco.
- The return of a lot will only be accepted in the case of proof of non-authenticity, the burden of proof being on the Buyer. The Auctioneer may require the Buyer to undergo examinations and expert evaluations to support evidence of non-authenticity, without prejudice of being able to oppose examinations and expert evaluations of equivalent value.
- The Auctioneer reserves the right to unfold or group, remove or add lots.
- The Auctioneer also reserves the right to refuse the bidding of any Buyer who has not complied with the Commercial Conditions or other legal obligations, particularly with regard to the provisions of Law No. 83/2017 of 18 August on Money Laundering and Terrorist Financing, before or during the Auction, as well as to refuse the bidding of a Buyer who has not punctually fulfilled its obligations in a previous Auction.
- Once the total amount of the sale has been paid, the lots may be sent to the Buyer.
- The transport of the Lots will be made by express mail and is the entire responsibility of the Buyer, considering any help provided by the Auctioneer, its representatives, workers or collaborators only made as a courtesy, and no liability can arise for the fact. The indication of any company or individual to send the lots also excludes any responsibility of the Auctioneer.
- The costs inherent to the shipment and packing of the lots shall be charged to the Buyer.
- The lots are sold in the conditions as they are, and the Auctioneer does not accept returns that are not due to force majeure.
- The Auctioneer will take all due care and precautions to ensure the authenticity of the lots.
D) Commercial Conditions related to sales through other platforms
- Commissions applied by other platforms are not the responsibility of the Auctioneer.
NOTE: The Portuguese version of conditions always prevail