THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT THE CONDITIONS, LIMITATIONS, EXCLUSIONS, RIGHTS AND OBLIGATIONS THAT APPLY TO YOU IF YOU BUY, BID OR USE GORGEOV’S ONLINE. PLEASE READ IT CAREFULLY.
These Conditions apply to any purchase/bidding you place at Gorgeov’s or at gorgeovs.com. We will not allow you to make any purchase/bid unless you have confirmed that you have read and accepted these Conditions of Sale by ticking the box confirming that you have read and accepted all our legal conditions, in particular the Legal Notice and Terms of Use of the website and Conditions of Sale which you will have at your disposal before your registration confirming any purchase/bid.
THE PARTIES. ACCEPTANCE OF THE CONDITIONS OF SALE:
Every purchase of a lot implies a contract between the buyer and Gorgeov's, and these CONDITIONS OF SALE sets out the contractual document that will govern the contracting.
These Conditions of Sale describes the obligations and rights that arise between the parties, the buyer and Gorgeov’s when the buyer makes a purchase/bid. In an Auction, the bidder with the highest bid on that lot will become the buyer.
The fact of ticking the aforementioned box when you register in our web’s registration form in order to make a purchase/bid, implies full acceptance of these Conditions of Sale. The information included in these Conditions of Sale is therefore complemented by the legal information included in our Legal Notice and in our Terms of Use of the website.
Both Parties, the buyer and Gorgeov’s AGREE to this document, and implies that the buyer:
A. Has read, understands, and comprehends what is set forth herein. B. That he/she is a person of legal age and with sufficient capacity to contract. C. That he/she assumes all the obligations set forth herein. D. That he/she has read and accepts these conditions of sale from the moment he/she makes any purchase/bid.
This document could be printed and stored by the buyer.
Gorgeov’s makes available to the buyer in the e-mail address info@gorgeovs.com to raise any questions about these Conditions of Sale.
These conditions will be valid for an indefinite period and will be applicable to all contracts made between the buyer and Gorgeov’s.
Gorgeov’s reserves the right to unilaterally change these Conditions of sale at any time without notice to you, by updating such changes on the Gorgeov’s website. It is the buyer’s responsibility to check these Conditions of sale every time wants to buy or bid in Gorgeov’s.
The applicable Conditions of sale are those published on the website at the time of purchase/bid.
1- THE WEBSITE
The website https://www.gorgeovs.com is owned by GORGEOV’S FINE ART, SL (hereinafter GORGEOV’S), a Spanish trading company with registered office at c/ Pau Alcover 60, bajos 08017-Barcelona (Spain) with tax identification number B-10646594.
2- CONDITIONS OF DIRECT SALES - AUCTIONS
These Conditions of Sale set out the terms on which Gorgeov’s (referred to as Gorgeov’s, "we", "us", "our" and "ourselves" in these Conditions of Sale) offer the lots for sale either as Direct Sales or as Auctions.
By registering in our website in order to make a purchase of a lot or by bidding in an auction, (also referred to as the "buyer” and “your” in these Conditions of Sale) you agree that these Conditions of Sale shall be contractually binding on you.
3- CUSTOMER SERVICE
To contact with our customer service, please send an email to info@gorgeovs.com
4- MINORS
The lots we offer in our web/Platform are aimed at adults. In any case, minors are not authorized either to register a new account neither purchase nor bidding in an auction through an existing account without the express authorization of its owner of legal age. So, purchases and biddings may only be made by adults. Minors are not authorized to order without the express authorization of an adult. By creating an account, registering for an existing account, or making a purchase or bidding, you confirm that you are, at least, 18 years of age.
5- INFORMATION ABOUT THE LOTS
5.1 Information
You can find all the information about the lots and our different channels in our website www.gorgeovs.com. Please enter in the section (online/experience) and select the lot you are interested in, to find all the information about the lot.
Gorgeov's will carry out an online or virtual exhibition of the lots that are for sale through any of its channels. Prior to publication, Gorgeov's will have carried out by specialists an ocular inspection, check documentation, to guarantee their good condition and authenticity.
All the lots exhibited by Gorgeov’s will remain in the possession of its sellers until the moment of their sale, when will be sent to the buyers.
5.2 Categories
Gorgeov's will sell or auction lots mainly in the following categories:
You can find additional information about all these categories in the corresponding sections at www.gorgeovs.com.
In addition, please note some specific information about some of the items Gorgeov’s could sell:
Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their look, through methods such as heating and oiling. These methods are accepted by the international jewelry trade but may make the gemstone less strong and/or require special care over time.
For jewelry sales, all estimates are based on the information in any gemological report or, if no gemological report is available, you should assume that the gemstones may have been treated or enhanced.
Almost all clocks and watches are repaired in their lifetime and may include parts which are not original. We do not give a warranty that any individual component part of any watch or clock is authentic. Watchbands described as “associated” are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights, or keys.
As collectors’ watches and clocks often have very fine and complex mechanisms, you are responsible for any general service, change of battery or further repair work that may be necessary. We do not give a warranty that any watch or clock is in good working order. Certificates are not available unless described in the Sale Particulars.
Most watches have been opened to find out the type and quality of movement. For that reason, watches with water resistant cases may not be waterproof and we recommend you have them checked by a competent watchmaker before use.
Gorgeov’s sells retail vintage items and collectibles, all secondhand luxury handbags. The availability of products showed in Gorgeov’s is updated based on our stock. All Luxury handbags purchases/biding are subject to the availability of the handbags.
We do not buy or sell counterfeit, replicas, or any item that its authenticity is questionable to our experts. Besides, we never replace parts or materials from our items to keep their original value.
During each authenticity check, our expert authenticators look for the following:
Any indicator that the bag may be counterfeit. This includes checking the stitching, material and leather tests, inspection of the stamp(s), hardware examinations, and other indicators that are specific to the brand and style of the bag.
Any indictor that authentic parts of the bag have been tampered with. During examination, our experts also check to see if any original parts or aspects of the bag have been replaced with counterfeit or cheaper parts. For example, a Hermès Birkin bag may be authentic, but the previous owner has replaced the original lock with a cheaper or unofficial one.
Any signs of wear, tear, or other damage. Each scratch, mark, scuff, or other sign of damage is carefully noted by our team of experts. This allows us to list the bag with an accurate and genuine description.
Every single bag and accessory listed on Gorgeov’s has gone through our authenticity check and been examined by our in-house experts.
5.3 Condition
The condition of lots can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold “as is”, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by Gorgeov’s or by the seller.
Any reference to condition in the Sale Particulars or in a condition report will not amount to a full description of condition, and images may not show the condition of a lot clearly. Colors and shades may look different on the screen to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our opinion, but they may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason, they are not an alternative to taking your own professional advice. It is your responsibility to ensure that you have requested, received and considered any condition report.
5.4 Estimates
You must understand that estimates it is not an estimate of value of the lot, are only an expression of Gorgeov’s opinion made on behalf of the Seller of the range where Gorgeov’s thinks the Hammer Price for the Lot is likely to fall; Estimates are based on the condition, rarity, quality and provenance of the lot and on prices recently paid at auction for similar property. Estimates can change. Neither you, nor anyone else, may rely on any estimate as a prediction or guarantee of the actual selling price of a lot or its value for any other purposes. Estimates do not include any buyer's premium or any applicable taxes or charges or artist’s resale royalty.
6- HOW TO BUY OR BID IN GORGEOV’S
Gorgeov's makes available to you the lots displayed on gorgeovs.com, which can be alternative be acquired through the following sales channels.
a) DIRECT SALES
b) AUCTIONS
You are not required to create a Gorgeov's account to browse our website. However, if you wish to access detailed descriptions of exhibited lots, make purchases through Gorgeov's Direct Sales, or participate in Gorgeov's Auctions, having a Gorgeov's account is necessary.
To set up your Gorgeov's account, follow the provided instructions on the Gorgeov's website. Complete the form with all the necessary information. By creating a Gorgeov's account, you confirm that the provided data is accurate and agree to keep it updated. Your Gorgeov's account is personal and cannot be transferred, although you have the option to create an account on behalf of an entity. If you choose to share your username and password with someone else, it is your responsibility, and Gorgeov's is not liable for any unauthorized or improper use of your account.
Once your Gorgeov's account is established, you can log in at any time using your username and password to participate in direct sales or auctions. If you have any inquiries about your registration or account, feel free to reach out to Gorgeov's Client Services at any time.
A-Create a Gorgeov’s basic account.
If you want to the complete information of our lots for you need to create a Gorgeov’s account by completing the “Create an Account form”.
B- Register to bid.
To access more details such as descriptions, prices, etc., for our lots, as well as additional information about our direct sales and auctions, you must first register and obtain approval from Gorgeov’s. Whether you intend to place bids in person, online, or via telephone, the initial step is to complete the registration process.
Upon successfully creating an account, when you proceed to register for bidding, Gorgeov's will request specific documents to verify your identity in compliance with Anti-Money Laundering Regulations.
Private individuals
-full name, nationality and date of birth;
-a copy of your passport, national ID card
Organizations
-company name, place of incorporation/registration; registered number and nature of business.
registered address (and business address if different)
power of attorney
-certificate of incorporation, VAT number or equivalent document.
When registering to bid in an Online auction, you will be asked to register credit card information.
2.Additional data required
When you want to buy a lot, you need to supply additional information including payment information, like a valid debit or credit card in your name.
Gorgeov's will not register or store in its systems the payment details provided, such as the credit card number, which will solely remain recorded in the payment gateway of our bank (CAIXABANK).
You can find the privacy policy of our Bank at https://www.caixabank.es/particular/general/privacy-policy.html
3.Gorgeov’s right to refuse your registration or cancel your account.
Gorgeov's reserves the right to, at its absolute discretion, reject your registration or terminate your account if you fail to satisfactorily complete the Gorgeov's registration form, if we suspect that your provided information is inaccurate, if you are a minor, or if you do not pass the required anti-money laundering or anti-terrorism financing checks. Gorgeov's may refuse your registration under these circumstances.
Furthermore, Gorgeov's retains the right, at its absolute discretion, to decline your bid in a Gorgeov's Auction or your purchase in a Gorgeov's Direct Sale, or to deactivate your account during the Direct Sale or Gorgeov's Auctions.
In addition to other cancellation rights outlined in these Conditions of Sale, Gorgeov's reserves the right to annul the sale of a lot if it deems that any of the warranties in the "Buyer Warranties" section are incorrect or reasonably believes that completing the transaction is or may be unlawful. Gorgeov's may also exercise this right if it reasonably believes that the sale could expose Gorgeov's or the seller to liability or damage the reputation of Gorgeov's.
4.How to buy. Purchasing process
a) Direct sales
Gorgeov’s exhibits at www.gorgeovs.com lots you can buy at a fixed price.
1-Immediate purchase
To buy a lot in an Immediate purchase you need to proceed to gorgeovs.com, choose the lot you would like to buy and follow the purchase process. Gorgeov’s shows you the fixed price before you complete the purchase. To complete the purchase, you need to click in the “Buy” button. By clicking the Buy your purchase will not be completed, after you don’t fill the payment form, registering all the data required as described in paragraph “Payment”.
2-Private sales
To buy a lot in Private sale you need to proceed to gorgeovs.com, choose the lot you would like, press the “View lot” button to know all the description and details about the lot. Gorgeov’s only shows the price of the lot under request. So, if you are interested in, then press the “Enquire” button, fill the form and Gorgeov’s shall contact to inform you about price and conditions.
b) Auctions
To acquire a lot through a Gorgeov's auction, buyers must go to Auction’s section, choose their desired lot, and place bids as per their preference throughout the auction's duration. The auction kicks off with a start price that can be equal or less than the reserve price, the reserve price is the minimum amount for which the lot can be sold, during the auction the bidders will be advised if the reserve price has been met. Gorgeov's reserves the right to decrease the reserve price before the auction concludes.
Gorgeov’s may offer two categories of Auctions:
1-Online Auctions.
Gorgeov’s may offer two types of online Auctions at gorgeovs.com:
-Open Auction available for any registered buyer.
Online auctions allow the bidding for a fixed period over a few days. These auctions allow you to place bids until the scheduled end time for a particular lot. You will also be able to place your personal highest bid before the start of the auction, meaning your bid will automatically be increased during auction, but only to the amount necessary to reach the limit or outbid another bidder. If you are the successful bidder at the end of the sale, you will receive a confirmation email that will direct you to the online checkout page.
-Preferred auctions. Auction restricted to preferred buyers.
Gorgeov's may also offer private auctions, called preferred auction, where only registered users with preferential access (preferred access) will be able to attend and bid in the Auction.
2- In person Auctions
Gorgeov’s can organize in-person Auctions at its office or, as the case can be, in other places.
Bidding Process
-Ways to bid at Gorgeov's:
Visit our auction calendar to explore and for the most current information about our ongoing and upcoming Auctions. Whether you wish to bid on an item in person, online or by telephone, the first step is to register an account at Gorgeov’s. There are different ways to bid at Gorgeov's:
In-Person Auction You can bid in person in our in-person Auction. If you wish to bid in person and attend a sale you will need to first register as a buyer and collect a numbered bidder paddle before the auction begins. Please remember to bring your ID or passport, with you. In addition, you may be asked to provide a bank reference.
Online Auctions You can bid online for a lot following the process in gorgeovs.com until the scheduled time finish. You'll have the option to set your maximum personal bid prior to the auction commencement. This implies that your bid will be raised automatically during the auction, but only up to the point required to meet your limit or surpass another bidder. If you are the successful bidder at the end of the sale, you will receive a confirmation email that will direct you to the online checkout page.
Telephone bidding If you prefer, register to telephone bid with a Gorgeov's representative who will call you from the auction saleroom and bid on your behalf, according to your real-time instructions. It is necessary to plan for this service 24 hours before the sale. To register for a telephone bid, please contact Gorgeov’s via email at: info@gorgeovs.com
Absentee Bid If you can't be present at the auction, an absentee bid enables you to specify the highest amount you're willing to pay for a lot. Gorgeov’s will then execute the bid on your behalf, aiming to secure the lot for you at the most favorable price. When we place an absentee bid for you, the lot will be acquired for the smallest increment above all other bids and will meet or exceed the reserve price. You may request that Gorgeov’s execute your bid on any particular lot (s) indicated by you in a signed Absentee Bid Form. Gorgeov’s will provide to you the Form, then you need to register your absentee bid at least 24 hours before the sale and return the bidder registration form to info@gorgeovs.com
-Bidding system at Gorgeov's:
The lot is granted to the highest bidder, and bidding typically begins at either the low estimate price or the reserve price. Bidding increments, determined at Gorgeov's discretion, dictate the progression of bids. The auction starts with a specified bid amount and advances in predefined steps.
€0 to €1,000 by €50
€1,000 to €2,000 by €100
€2,000 to €3,000 by €200
€3,000 to €5,000 by €250
€5,000 to €10,000 by €500
€10,000 to €20,000 by €1,000
€20,000 to €30,000 by €2,000
€30,000 to €50,000 by €2,500
€50,000 to €100,000 by €5,000
€100,000 to €200,000 by €10,000
above €200,000 to repeat in the same manner as set forth above.
Gorgeov's may vary the increments at any time.
Bidding generally opens below the low estimate and advances in increments of up to 10%, subject to the auctioneer’s discretion. When you confirm your bid, ticking the Bid-button, your bid is submitted and you accept and agree that your bid is final and that you cannot modify, revoke, or withdraw it. Once you have made a bid, Gorgeov’s will show the next bidding increment.
Refusal of bidding
Gorgeov’s reserves the right, in our absolute discretion, to decline your bid registration; reject, revoke, or deny any bid, even if previously accepted; withdraw or split any lot; merge two or more lots; and, whether during or after the sale, recommence or prolong the bidding or re-auction a lot. Gorgeov's also holds the right to deactivate or disable your account at any point during the sale. These rights may be exercised if a clear error becomes evident, but this does not restrict the situations in which Gorgeov's can exercise these rights.
Winning Bids The lot will be awarded to the highest valid bid. When Auction closes and the lot be awarded, this will generate a purchase contract between Gorgeov's and the winning bidder. Gorgeov’s will send an email notification to the winner of the Auction, then the winning bidder will obtain details of the outcome of their successful bid and the purchase process.
Gorgeov’s shall not be responsible, in no event or circumstances, for errors or failures occurred during the execution of purchases or bids due to technical problems with connectivity, internet or other not beyond of its control. You can find out more details in Gorgeov’s disclaimer in Gorgeov’s Terms & Disclaimer.
Gorgeov’s are not responsible for any errors you make in bidding, so you may not, under any circumstances, amend, retract, or revoke your bid.
When you make a bid in a Gorgeov’s Auction or buy a lot in a Gorgeov’s Direct Sale, you are accepting personal liability to pay the Direct sale price or the hummer price if you buy by a Gorgeov’s Auction.
Gorgeov’s has no liability for your payment is refused or declined, for any reason, by your card Bank or payment supplier.
We reserve the rights to investigate and identify the source of any funds received by us, to postpone completion of the sale of any lot at our discretion while we complete our investigations, and to cancel the sale of any lot if you are in breach of your warranties as buyer, if we consider that such sale would be unlawful or otherwise cause liabilities for the seller or Gorgeov's, or would be detrimental to Gorgeov's reputation.
Gorgeov’s will not charge you any charge when you buy a lot in a Direct Sale. Gorgeov’s will charge you a buyer’s premium on the hammer price when you buy in a Gorgeov’s Auction and become the winner bidder.
How We calculate the buyer’s premium?
Buyer's premium rate payable on the hammer price up to and including € 800,000: 26% + VAT
Buyer's premium rate payable on the hammer price more than €800,001 up to and including. € 4.000.000: 21% + VAT
Buyer's premium rate payable on the portion of the hammer price more than €4.000.000: 15% + VAT
The Buyer’s Premium and all other charges payable to us by the Buyer are subject to VAT at the prevailing rate, currently 21 %.
Gorgeov’s will send you an Invoice where VAT will be added to the buyer’s premium. In certain circumstances you can apply for a VAT refund if the lot is exported.
8.TAXES
The buyers are responsible for all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the hammer price or in the case of Direct Sales, on the Direct Sale price. VAT charges and refunds depend on your circumstances. It is your responsibility to ascertain and pay all taxes due. VAT is payable on the buyer’s premium, and, for some lots, VAT is payable on the hammer price. In all circumstances EU and Spanish law takes precedence.
The successful bidders are responsible for all applicable taxes including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the hammer price, the buyer’s premium, and/or any other charges related to the lot.
The tax and customs rules in Spain will be applied by Gorgeov’s when lots are sold.
1-In case the lot is sold by Gorgeov's from its headquarters in Spain:
Gorgeov's will be considered, for tax purposes, as a reseller and will therefore be eligible for the Special VAT Regime for Used Goods (REBU).
For buyers in Spain, the applicable VAT is 21% of the total amount to be paid by the buyer.
For intra-Community purchases, i.e., from buyers outside Spain but resident in the EU, VAT will not apply.
For buyer’s resident outside the EU, no VAT will be applied on export.
2-In the case the lot is sold by Gorgeov’s from one of its representative offices outside Spain, Gorgeov's will follow the tax rules of the country from whose representative office the sale was made.
Gorgeov’s recommends you consult your own independent tax advisor with any questions.
In the event of the export of property acquired from Gorgeov’s, in accordance with the applicable tax and customs rules, the sale will be able to benefit from a VAT exemption. The tax administration considers that the export of the acquired lot must occur within three months of the sale.
The buyer must, within this time, indicate in writing that the lot acquired is intended for export and provide a delivery address outside the EU. In all cases, the buyer must pay an amount equal to that of the VAT that would be paid by Gorgeov’s in the case of the non-export of the lot within the time required by the Spanish tax and customs authorities.
Gorgeov’s will charge a processing fee for the processing of intra-community deliveries and exports.
For further information on the measures that Gorgeov’s takes, please contact Gorgeov’s at info@gorgeovs.com. We recommend that buyers consult a specialized adviser to avoid any ambiguity about their VAT status.
9.PRICES AND PAYMENT
Prices in euros
All prices published in Gorgeov’s are in euros, so when you purchase a lot in Gorgeov’s Direct Sale or in an Auction you must pay for it in euros.
Purchase Price and How to Pay
When you buy a lot in Gorgeov’s you must pay the purchase price: The purchase price includes: a) If you buy in a Direct Sale, the purchase price includes:
-the price indicated in the information of the lot -artist’s resale royalty if necessary. -shipping costs and other costs if applicable. -Taxes and other duties if necessary.
b) If you buy by a Gorgeov’s Auction, the purchase price includes:
-the hammer prices -the buyer’s premium -artist’s resale royalty if necessary. -shipping costs and other costs, if applicable. -Taxes and other duties if necessary.
The cost of shipping and any applicable local taxes and handling fees or customs duty, import tax and any local clearance fees applicable for your country will not be included in the purchase price in any case. You can pay, additionally, a loss/ damage liability fee.
Payment
You must pay by accepted credit card (VISA, Master Card, American Express registered previously) or by bank transfer to a Gorgeov’s bank account. We only accept payments when the credit card holder be the same of the Gorgeov’s account registered. If your Gorgeov’s account belongs to an Entity, the payment will be done via a credit card issued to the Entity account and not a personal account.
Please note that if you pay for your purchase using a credit card issued outside the region of the sale, depending on the type of card and account you hold, the payment may incur a cross-border transaction fee. Please check with your card supplier before proceeding. We accept all major credit and debit cards up to a limit of €100,000. Please note that there is a 2.5% surcharge (plus applicable taxes) on all credit card transactions. For purchases over this threshold, bank transfer is the easiest way to pay.
If paying by bank transfer, the amount received after the deduction of any bank fees and/or conversion of the currency of payment, must not be less than the amount payable, as set out on the invoice.
Gorgeov’s will not collect any payment information from the buyers, all this information is collected and processed directly by a third-party payment service provider (Caixa Bank). Gorgeov’s does not have access to any credit card information.
Gorgeov’s may also require deposits of a portion of a placed bid to be made to Gorgeov’s. In such event, if you are not the winning bidder, Gorgeov’s shall return your deposit to you. If you are the winning bidder, and you made a previous deposit it shall be deducted of the final hummer price.
Gorgeov’s will not consider the payment is completed until the payment has been confirmed by our Payment service provider. Gorgeov’s will send you an e mail the confirmation and the invoice.
Gorgeov’s accepts the following credit cards with processing charges: Visa/MasterCard with 1.75% charge, Maestro International with 1.4% charge, CUP with 2.11% charge and American Express with 2.95% charge. Consequences in the event of non-payment by the buyer If a purchaser who has successfully acquired a lot through Gorgeov's Direct Sale fails to make the appropriate payment in accordance with the conditions outlined in these Sale Terms, they will not obtain ownership of the lot. In such a case, the lot will be forfeited and, at Gorgeov's discretion, may be re-offered for sale. If a winning buyer of an Auction neglects to make the payment as per the conditions specified in these Conditions of Sale, the buyer will forfeit the lot. Ownership of the lot will not be acquired, and, at Gorgeov's discretion, the lot may be re-listed for direct sale or auction. In any case, Gorgeov's retains the right to pursue legal action against the buyer if the failure to pay results in any loss or damage to Gorgeov’s. Invoice If you buy a lot, when the payment has been confirmed, Gorgeov’s will send you an invoice containing information about your purchase, taxes, and other cost associates. Transfer of the legal ownership of the lot The ownership of the lot you purchase will transfer to you when your payment of the total purchase price and all amounts due will be transferred to and received by Gorgeov’s in cleared funds, subject to and conditional upon completion of our investigations to our satisfaction under our right to make enquiries about any person transacting with Gorgeov’s and to identify the source of any funds received from you, in respect of anti-Terrorism financing, anti-money laundering or other financial and identity checks. The risk in and responsibility for the lot will transfer to you, once the full price has been paid and the conditions detailed above have been fulfilled and the lot is in your possession or has already been collected by someone on your behalf at the place where the lot was physically located. The lot remains at your risk if you exercise any right you may have to cancel the contract for the purchase of the lot after the lot will be collected by you our someone in your name or the lot will be in your possession. In that cases you are responsible for insuring the lot against loss or damage until it is returned to us.
10.SHIPPING
Once we have received your payment in full, the property you have acquired will be ready to be picked up or will be shipped to you in accordance with your instructions.
The cost of shipping and extra costs involved in shipping will be paid by the buyer.
The buyer can arrange his own shipping or ask Gorgeov's to arrange the appropriate shipping to the delivery address provided at your Gorgeov’s account, except if you provide an alternative delivery address for any reason. Shipments can be delivered directly to most addresses, however in certain remote areas you may need to pick up your package from the closest service point of our nominated shipping partner.
If the buyer pays the lot but fails to collect a purchased lot within 30 days after the close of the auction, the buyer will incur daily storage fees for each uncollected lot. Additional charges may apply to oversized lots. Gorgeov’s not release purchased lots to the buyer until the Purchase Price and all charges have been paid in full.
For assistance in arranging for collection and shipment of purchased lots, please contact info@gorgeovs.com
Delivery times
Your lot will be delivered at your delivery address no later than 30 days from receipt of full and clear payment.
Gorgeov’s is not liable for any delivery delay if there is some mistake with the delivery address or you provide an invalid address including addresses impossible for carriers to access.
You understand that the shipping may be delayed for some reasons, including but not limited to failure of pay of the duty import taxes, custom fees, obtaining required permits or licenses and others beyond the control of Gorgeov’s, inspections by customs, or others like bad weather affecting air or road transport, strikes, wars, pandemics and in general other causes of force majeure.
A delay in obtaining required permits or licenses and consequently the delay in delivery, shall not justify a rescission of any sale nor a delay in making full payment for the lot, and we shall not be obliged to refund any interest or other expenses incurred by you.
Loss or Damage during Shipment
You must carefully check the content of the package promptly upon receipt. You can contact Gorgeov’s Customer Services if you have damages, defects or errors with the lot, or in the event is lost during the shipment.
In these events it is your right to submit a claim within 14 days of the date of delivery, or within 14 days of the date you received confirmation that it was lost. Limitations to Export and Import
It is your responsibility to check if your local laws may prohibit the import or export of some kind of item, piece and/or may prohibit the resale of them in the country of importation and those limitations could affect your purchase. If you need help about these matters, please contact Gorgeov’s Customer Services.
Export of cultural interest goods
In Spain export of cultural interest goods is regulated in LAW 16 / 85 of Spanish historical heritage, Regulation 116/2009 and Royal Decree 111/1986. In general, all works of art and books and manuscripts over 100 years old that are destined for any country other than Spain, including those of the European Union, must apply for export authorization. Also, those that are less than 100 years old and that exceed the amounts established by Regulation 116/2009 or are inventoried. Works declared a Good of Cultural Interest (BIC) shall be non-exportable regardless of their age and/or valuation. You should take into account and take appropriate advice because the States where the lots are located, or their country of origin may have a right of withdrawal or first refusal on the goods. For more information, you can contact Gorgeov’s Customer Services.
The application for authorization to export shall be requested by the buyer and it shall be the buyer's sole responsibility to export the lots purchased and to pay the fees for those lots destined for countries outside the European Union.
Gorgeov’s make no representation or warranty and accepts no liability whatsoever to the seller, the buyer, or any third party in respect of the availability or issuance of valid import and export permits or the existence or exercise of pre-emption or other rights to purchase by governmental or regulatory authorities anywhere.
11.WARRANTIES
Gorgeov’s Warranties
Gorgeov’s warranties that, has the necessary legal standing and authorization from the owners to exclusively showcase and sell each exhibited lot at Gorgeovs.com. Additionally, Gorgeov’s has secured assurances from the lot owners that they possess the necessary legal permissions to sell the lots to Gorgeov’s, thereby having the right to transfer ownership without any encumbrances or claims from third parties. Gorgeov’s will execute the sale of all lots to buyers under its own name.
In meticulously examining each lot for authenticity and provenance, Gorgeov’s takes special precautions. The organization maintains a team of highly skilled specialists who rigorously analyze and verify all aspects of the pieces, including provenance, documentation, authenticity, and adherence to relevant laws governing the sale of goods. This comprehensive approach ensures that all lots are accurately and genuinely described, taking into consideration factors such as age, manufacture, and conservation status to detect any potential indications of counterfeit or stolen items.
Disclaimer of Warranties
Gorgeov's will not accept any liability beyond those expressly accepted in these conditions of sale, or other than in the event of fraud or fraudulent misrepresentation by us. We do not provide any guarantee in relation to the nature of a lot apart from our authenticity warranty.
Gorgeov's shall only be liable to the buyer/seller, but never to third parties.
Gorgeov's is not responsible for the merchantability, suitability for a specific purpose, rarity, significance, endorsement, or historical importance of any lot.
If Gorgeov's sells a lot that later proves not to be authentic, Gorgeov's undertakes to refund the buyer.
In any case, the Gorgeov’s liability will never exceed the amount you paid for the lot, including the buyer's premium, plus the costs for taxes and shipping of the lot.
The information in the image gallery concerning the author, origin, age, provenance and condition of the lots is included after careful research, verification and advice, but Gorgeov’s accepts no responsibility for its accuracy. Interested parties should form their own opinions about the pieces before the auction closes. If the user-buyer wishes to physically view a lot, this can be requested to Gorgeov’s Auctions who will facilitate this.
The lots are presented by Gorgeov’s with a complete cataloguing and with additional images in High quality resolutions. These images can be enlarged so that the user-buyer can have a complete view of the state of conservation of the pieces. Gorgeov’s also advice to provide information on the state of conservation of the piece, its author, or any other information that the Buyer may need. The advice provided will be based on the reasonable and careful judgment of Gorgeov’s, with no assumption of responsibility. Consequently, the buyer is required to make their own informed judgment.
Gorgeov's will not be held accountable for any inability to fulfill obligations outlined in these Conditions of Sales due to circumstances beyond our, the buyer's, or the seller's reasonable control.
Gorgeov’s shall not be under any liability for loss, damage, or expense attributable to or caused by strikes, lockouts, fires, floods, natural disasters, war, armed conflict, terrorist attacks, and nuclear or chemical contamination, or, in general, force majeure or causes beyond its responsibility or control.
Incidents during the Online Auctions
If there are any incident or problem with Gorgeov’s service, notification will be sent to the last user bidding, and the information will be posted on Gorgeov’s homepage.
In any circumstance, Gorgeov’s retains the right to extend the Auction to the following day to ensure access for all users or to cancel the affected Auction.
Buyer Warranties
The buyer warrants that the funds used when purchase a lot in Gorgeov’s have not link with any criminal activity, without limitation, money laundering, tax evasion or terrorist financing, and the buyer are neither under investigation, nor have been charged with or convicted of money laundering, terrorist activities or other crimes, or are in connection with, any criminal activity. The buyer also warrants that lots purchased through Gorgeov’s are not being purchased or to be used in any way connected with or to facilitate breaches of applicable Tax, Anti- Money Laundering or Antiterrorism laws and regulations.
12.LEGAL RIGHTS (Consumers)
EU CONSUMER CANCELLATION RIGHTS
Right to Cancel the Purchase.
If you are a Consumer in accordance with the EU Consumer Rights Directive you have the right to cancel the contract for the purchase of a Lot, without giving any reason.
The cancellation period will expire 14 calendar days from the day after the date on which you, or a third party (other than the carrier and indicated by you) acquires, physical possession of the Lot.
How to exercise your right to cancellation: To exercise the right to cancel you must inform Gorgeov’s of your decision to cancel this contract by a clear statement (e.g. by e-mail).
Effects of cancellation
13.PRIVACY & DATA PROTECTION
Please find Gorgeov’s privacy and data protection policy in or legal notice https://www.gorgeovs.com/legal-notice
These Conditions of Sale, and any contractual or non-contractual dispute arising out of or in connection with these Conditions of Sale, will be governed by the laws of Spain.
Out-of-court settlement of disputes. If you as a consumer consider that your rights have been violated, you can send your complaints through the email address info@gorgeovs.com to request an out-of-court settlement of disputes. In this regard, if the purchase between you and Gorgeov’s has been concluded online through our website, in accordance with Article 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr.
If the dispute is not settled by mediation you agree for our benefit that the dispute will be referred to and dealt with exclusively in the courts of Spain.
All transactions to which this Contract for Sale applies, and all connected matters will be governed and construed in accordance with the Spanish laws where the Sale takes place and the Seller and buyer save that the Seller may bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of the relevant jurisdiction.
This CONDITIONS OF SALE was last updated in December 2023 but may be updated at any time. We recommend that you check it every time you access our page in case you have suffered alterations.
If you need more information, please contact us at info@gorgeovs.com
