Terms of use

Terms and Conditions of Use

Sorolla Arte S.L., is the company that uses the web page: www.sorollasubastas.com, to carry out its activities of selling, contracting and intermediating paintings and art objects that have been transferred for direct sale or auction. It only acts as an intermediary between the buyer and the seller of the works on loan, and even of the works exhibited on its pages, catalogues and any other means it uses to advertise the products on its website.
Just by entering the page, you become a user of the website, and implies full acceptance of these Terms and Conditions of Use. If you do not agree with all or part of these Terms of Use, you must refrain from entering and using our website.
By accepting these Terms of Use, the User states

·        Who has read, understands and understands what is stated here.

·        That you assume all the obligations set forth herein.

·        That you are of legal age and have sufficient legal capacity to use it.

These Terms of Use will be applicable to users from the date of entry into force, March 1, 2020. Their acceptance by the Users will be a previous and indispensable step for the use of the website. The owner reserves the right to make any changes or updates to the Terms of Use at any time, which, once they come into force, must be accepted by the user in order to continue using the site.

Owner

This website is owned by Sorolla Arte S.L. an entity incorporated under Spanish law, with registered office at C/ Canalejas 6, 41001, Sevilla, and CIF number B41953902. Spain. Registered in the Mercantile Registry of Seville, Folio 120, Prot.: 2463/98/N/10/12/1998, dated 14/12/98.
Sorolla Arte S.L. is the
owner of the website: www.sorollasubastas.com and will be the portal that manages the sales in online auctions. Given the convenience of a clear business and commercial identification, from now on, in this document, www.sorollasubastas.com will be identified as "Sorolla Subastas".
 The following clauses apply to the user when using our website

1st Registration
In order to use Sorolla Subastas you must first register, accept these Terms of Use and the Privacy and Cookie Policy.
The data entered by the User must be accurate, current and truthful. The registered User shall be responsible at all times for the safekeeping of their password, and shall consequently assume any damages that may arise from its improper use, as well as the transfer, disclosure or loss thereof, and must immediately inform Sorolla Subastas if they have reason to believe that their password has been used in an unauthorised manner or is likely to be used. In any case, access to restricted areas and/or use of Sorolla Subastas is carried out under the password of a registered User, who shall be responsible in all cases for such access and use.
By accepting the Terms of Use, the User consents to his/her data being included in the Sorolla Subastas file and the processing of such data shall be in accordance with the provisions of the Privacy Policy.

2. Rules of use
The user undertakes to use Sorolla Subastas in accordance with the law, morality, public order and these Terms of Use. Likewise, the User undertakes to make appropriate use and not to use it to carry out illegal activities or activities that constitute a crime, that infringe the rights of third parties or that violate any rule of the legal system.

The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (products, objects, data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Terms of Use. By way of illustration and in no way limited or exclusive.

The User agrees to:

1.     Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, or in support of terrorism or in violation of human rights.

2.     Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized by the Constitution and international treaties.

3.     Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.

4.     Not to transmit unsolicited or unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.

5.     Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information or content in a manner that misleads or is likely to mislead the recipients of the information.

6.      Do not impersonate other Sorolla Subastas users or transmit your account access data or password to a third party without the consent of Sorolla Subastas.

7.     Not to disseminate, transmit or make available to third parties any type of information, element or content without the authorization of the owners of the intellectual and industrial property rights that may fall on such information, element or content.

8.     Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and legislation on personal data.

9.     Not to disseminate, transmit or make available to third parties photographs or any representation or image of underage persons.

The User undertakes to hold Sorolla Subastas harmless from any possible claim, fine, penalty or sanction that they may be obliged to bear as a result of the User's failure to comply with any of the aforementioned rules of use, and also reserves the right to request compensation for damages.

3º Exclusion of Users
Sorolla Subastas reserves the right to prevent its use, either temporarily or permanently, to any User who breaches any of the rules set forth in these Terms of Use, the law or morality. Discretionally, it may also exclude Users and even cease to provide services in whole or in part when it deems appropriate to improve the operation of Sorolla Subastas, or other users.

4º Exclusion of liability
Sorolla Subastas is not the owner of any of the items for sale or sold through it and is not a party to the purchase transaction carried out exclusively between buyers and sellers, so it shall not be liable, either directly or indirectly, or subsidiarily, for damages of any kind arising from the use and contracting of the content and activities of the Users and/or third parties through Sorolla Subastas, as well as the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the same.
By way of illustration, and in no way limited to, Sorolla Subastas shall not be liable for damages of any kind arising from

1.      The state, origin, possible inaccuracy, or possible falsification of the works or data provided by the Users, of the products offered.

2.      The contents, information, opinions and statements of any User or third parties that are communicated or exhibited.

3.      The use that Users may make of Sorolla Subastas materials, whether prohibited or permitted, in violation of intellectual and/or industrial property rights, confidential information, Sorolla Subastas content or third parties.

4.      The carrying out of acts of unfair competition and illegal advertising.

5.      The possible loss of User data for reasons not attributable to Sorolla Subastas.

6.      Access by minors to the contents included in Sorolla Auctions.

7.      The unavailability, errors, access failures and lack of continuity of Sorolla Subastas.

8.      The failures or incidents that could occur in communications, deletion or incomplete transmissions.

9.     Non-operability or problems in the email address provided by the User.

Sorolla Subastas shall be solely and exclusively liable to the User for the content directly originating from and identified with their copyright, being limited, at most, to the amount of the amounts received directly from the User, excluding in all cases liability for indirect damage or loss of profit.

Any claim or dispute that may arise between Users and Sorolla Subastas shall leave the latter totally unharmed, without prejudice to which Sorolla Subastas shall make its best efforts to provide Users with a prompt and satisfactory solution through the User Service.

5º Content and links
Sorolla Subastas may include technical link devices, directories and even search tools that allow Users to access other pages and Internet portals hereinafter referred to as "Links".
The User acknowledges and accepts that access to the Links shall be at his/her exclusive risk and responsibility and exonerates Sorolla Subastas from any liability for any possible infringement of the intellectual or industrial property rights of the owners of the Links. Likewise, the User exonerates Sorolla Subastas from any responsibility regarding the technical availability of the linked websites, the quality, reliability, accuracy and/or truthfulness, information, elements and/or content to which the User may have access.
In the event that the User considers that there is a link to illegal or inappropriate content, he/she may notify Sorolla Subastas, but under no circumstances shall this notification entail the obligation to remove the corresponding link.
Under no circumstances shall the existence of Linked Sites imply the formalisation of agreements with the persons responsible for or holders of such sites, nor the recommendation, promotion or identification of Sorolla Subastas with the statements or content.
Sorolla Subastas is not aware of the contents of the Links and therefore cannot be held directly or indirectly responsible for any damage caused by the illegality, quality, lack of updating, unavailability, error or uselessness of the contents of the Linked Sites or any other damage that is directly attributable to Sorolla Subastas.

6. Intellectual and industrial property
The industrial and intellectual property rights over the works, protected
 services and any content or elements subject to intellectual and industrial property rights used by Sorolla Subastas belong to their legitimate owners. The User shall not acquire any intellectual or industrial property rights or any licence to use such elements through the use of Sorolla Subastas.
Sorolla Subastas content includes the texts, photographs, graphics, images, icons, technology, software, databases and other audiovisual or sound content, as well as the graphic design and source codes used in Sorolla Subastas. This list is provided for information purposes only and is not exhaustive.
The text, images, graphics, sound files, animation files, video files, software and appearance of the Sorolla Subastas
 website are protected by intellectual and industrial property rights. These elements may not be validly and legitimately copied or distributed for commercial use, nor may they be modified or inserted on other websites without the prior express authorisation of their owners.
The User states that he/she is the exclusive owner of all rights to the works, protected benefits and any other elements protected by intellectual or industrial property that are incorporated into Sorolla Subastas.
The User freely and exclusively assigns to Sorolla Subastas the rights of public communication, reproduction, distribution and transformation that they have over the works deposited, in all forms of exploitation existing at the date of acceptance of these Terms of Use, for the entire duration of the rights assigned and for the universal territorial scope.
Sorolla Subastas does not represent or have any business relationship with the brands or authors that Users may advertise on Sorolla Subastas and does not sponsor or participate in any way in the actions carried out through it.
Any queries relating to the above can be made through the User Service Department: info@sorollasubastas.com

7º Publication of advertisements
The user who wishes to put a product on sale must take into account that by assigning the lot he is issuing an offer of sale, which will be binding as soon as it is accepted by another User or buyer.
Users may increase the visibility of their works on the DIRECT SALE page of Sorolla Subastas, by contracting advertising preferences on www.sorollasubastas.com or on the www.sorolla.com page.
In any case, when sending or publishing the details of the works, the User must take the following into consideration:

·        It is not allowed to send works with images of sexual content.

·        It is not permitted to publish descriptions that do not correspond to the item actually offered.

For their part, Users interested in purchasing a product should bear in mind that when they undertake to buy an item, for a set price, they are entering into a legally binding contract of sale with another User, (the seller). Likewise, the User must bear in mind that when acquiring an item, they will be considered a taxpayer for the Tax on Onerous Transfer and Documented Legal Acts ("ITPAJD"), TPO mode, and are obliged to keep Sorolla Subastas totally harmless if they do not comply with this obligation.
In any case, the User must take into consideration the rules of coexistence.

8º Visibility at Sorolla Auctions
Visibility at Sorolla Auctions are options that users can enjoy to improve the positioning of the items advertised when they are on direct sale.
Featured items have a different format than unlisted items: they appear on the wall in a larger size and are distinguished with a differential icon, depending on the type of feature chosen.
Sorolla Subastas is available to all users located in the European Union. Therefore, it can be used on any product and category that meets these conditions.
Purchases of highlights in the application are made through www.sorollasubastas.com. Payments are managed by UniversalPay and by using it you accept its terms of use.
Payments for purchases of highlights on the web can be made, through the payment gateway, by La Caixa POS and by debit or credit card. VISA, MASTERCARD, MAESTRO and Paypal
 cards are accepted.
It is not possible to remove, transfer or change the type or duration of a highlight that has already been applied to a work, regardless of whether the work is removed by our moderation team or is affected by a technical incident.
If the featured work is removed or marked as sold and the contracted period has not yet ended, the excess visibility time will be lost.
If the product is sold, the artwork will automatically be marked as sold when paid by the buyer so that, if the contracted period has not yet ended, the excess visibility time will be lost.
When making a visibility purchase on Sorolla Subastas through the website, the user will receive a confirmation of the purchase by email to the email account associated with their profile.
To request an invoice for the purchase of visibility or highlights of the work through the website, it is necessary to make the request by writing to administracion@sorolla.com. The request will be processed within a maximum period of 15 calendar days from the time we have the applicant's tax data, necessary to issue the invoice.
It is not possible to make accidental purchases of highlights, as the process consists of several steps in which you must choose options and actively accept what you have chosen, so any claim in this regard will not be appropriate.
The prices and duration of the available highlights may vary as they depend on several factors such as the type of product being promoted, its demand or the area in which you want to promote it.
The duration of the highlights and their prices are always informed to the users before finishing the purchase.
The visibility that has been applied to the works or a profile cannot be refunded regardless of the publication status of the work or whether the profile is active or inactive.
The purchase of visibility does not exempt from compliance with the publication rules established for operating in Sorolla auctions.
In the event of a failure in visibility at Sorolla Subastas contracted through the website, due to a technical incident, the deadline for requesting a refund shall be 14 calendar days from the purchase of the featured work.

9º Types of highlights for announcements
 General Highlights.

·        Change the format of the work to make it more eye-catching.

·        Reset your ad to the top positions on the wall.

·        It includes the work in the collection of highlights from around the world, regardless of the location determined for the profile.

Urgent to Sell

·        Change the format of the work to make it more eye-catching.

Ads highlighted as Urgent may be searched with a specific filter from the web search engine.
If the location of a profile is changed, the ads that were highlighted before the change was made will appear on the wall of the new area but will remain on the carousel and the collection of highlights from the location that was established when they were hired.
Charges may be made for editing or reactivating the work in certain versions of the application. In this case, the user will always be duly informed of the cost before confirming the purchase.
The user will always have the possibility to reject it without any cost.

10º Shipment 
Sorolla Subastas makes available to its Users (buyers/sellers) the shipment of their works, by means of a transport of goods, which will be managed through several transport agencies (Post Office, Seur, Ups, etc.) for the shipment of the products that they acquire or must send to our facilities.
During the purchase process, the user may contract this shipping service, with the corresponding payment for the service, or pick them up at our facilities free of charge. The
 payments are made through the payment gateway of www.sorollasubastas.com, and made by UniversalPay, which allows payments and collections through the Internet in a secure way. Users are informed that Sorolla Subastas does not intermediate in the provision of the payment, of which it does not form part, and that it will be governed by the terms and conditions of Universalpay. Notwithstanding the
above, any claim or dispute that may arise in relation to the payments made by Universalpay, must be managed through our Platform, in customer service.

After we confirm your payments for purchases, or when we accept your works for auctions, we will do everything necessary to send or collect the works as soon as possible. In the case of several pieces, only one shipping fee will be charged. You are responsible for all charges, packaging, shipping fees etc. and these will be reflected on your purchase invoice or deposit slip. There are two types of charges in reference to the deposit or assignment and the sale of the works:

11º Registration expenses and commissions.
Registration: An initial fee will be charged for each of the works, and which is responsible for the insertion in Sorolla Subastas, data entry, web illustration, catalogues, etc. The charge will be made depending on the number of lots deposited.
Seller's commission rates: There is a commission to be paid by the seller for products sold at Sorolla Subastas. This commission will depend on the prices of the works reached at auction and a fixed percentage will be applied to these auctions plus the corresponding VAT. There are no commission rates for the buyer.

12º Privacy policy
This is an integral part of the general conditions and by accepting them you accept the way in which Sorolla Subastas may use your personal data, which will be used exclusively for the purposes for which this company has been created, i.e. in its auctions and in communicating to its users its notices, promotions and commercial offers. We shall not use your data or provide it to anyone unless required by law or by a competent authority.

13º Modifications
Sorollasubastas.com, may modify the general conditions at any time. If we do so, we will publish the updated version on our Online Platform. Therefore, you will find the most updated version on our Platform. If any update significantly affects the way you use our Online Platform, we will notify you by email.

14º Contact with Sorollasubastas.com
For any questions you can contact us at the following address: info@sorollasubastas.com .