De la Ruptura al post-contemporanéo

This document establishes the Terms and Conditions by which Galería Bernardini y Casa de Subastas, SA de CV (the “Gallery”) grants the User a pallet number, by which they may be identified at auctions.

To access the pallet number and the auction, acceptance of the Terms and Conditions established here will be required, so the User must read this document in its entirety.

In the event of agreeing with the Terms and Conditions of the service provided by the Gallery, the User must confirm that he/she has read, knows and agrees with these, by means of his/her consent referenced in the signature.

For the purposes of a better understanding of the Terms and Conditions, the following glossary is provided:

• Terms and conditions: as set forth in this document.
• Auction: public sale in which a work of art is awarded to the person who offers the most money for it.
• Bidding: competition that takes place at auctions by offering an amount of money with the aim of being the highest bidder and thereby acquiring a work of art.
• Paddle number: the number given to those who wish to bid in auctions held by the Gallery.
• Gallery: Bernardini Gallery and Auction House, SA de CV
• User and/or Bidder: those persons who request to participate in bidding in an auction held by the Gallery.
• Hammer: cost for the management, operation, and administration of the auction.
• Lot: the way in which the artwork(s) will be organized in order to be auctioned, consisting of a minimum of one piece at the discretion and decision of the Gallery.
• Purchase and Sale Contract: instrument through which the acquisition of a work awarded at auction will be formalized.

The Gallery reserves the right to modify these Terms and Conditions at any time, in whole or in part.

User Obligations

1. To be part of an auction held by the Gallery, you must obtain a pallet number, therefore, you must present the duly signed Terms and Conditions accompanied by a valid official identification.
2. Do not carry out improper or inappropriate acts in the auction, such as false, illegal operations or those that affect the image of the Gallery, otherwise you will be responsible for any damages caused to the Gallery and the people related to its operation.
3. Do not copy, distribute or disclose the personal or operational information of the Gallery or any other user, whether electronically or physically, or make it public by any other means without their consent, otherwise you will be responsible for any damages caused to the Gallery and the persons related to its operation.
4. Provide the Gallery with true, complete, correct information that corresponds to the current situation of the User, related only to what is relevant to the auction service.
5. Bid only on the items you intend to purchase, otherwise the User will be subject to a conventional penalty of 18% of the total value of the auctioned item that he/she managed to win but which he/she is not obligated to pay.
6. In the event of placing a bid and winning the auction, the User agrees to be bound by the provisions of these Terms and Conditions, as well as the Gallery's Purchase Agreement.

1. From the Auction Process
2. The auction will take place on the day, time and place (online or in person) established by the Gallery.
3. Within the auction, the works of art will be organized in lots at the discretion of the Gallery, which will be marked with a number that will be communicated to the bidders through the auction catalog.
4. The minimum or maximum amounts with which bids may be made will be those defined in the catalogue.
5. When putting a lot up for auction, the auctioneer will assign a starting price so that bidders can make their respective bids.
6. For a lot to be awarded, there must not be any other bid that improves the previous one.
7. The auctioneer will name the winning bidder on the lot.
8. Once a lot has been awarded, claims or cancellations are not accepted, and the User must submit to the purchase process through the Purchase Agreement provided by the Gallery, or to the conventional penalty of 18% of the total value of the auctioned piece.

Awarding of a Lot

Once a lot has been awarded by the auctioneer, the User must formalize the purchase through the Contract for the Sale of the Auctioned Work, which will be provided by the Gallery.

The Gallery has a no-cancellation policy on lot awards, therefore, the signing of these Terms and Conditions constitutes the obligation of the User to complete the purchase of the lot if his/her bid has been the winning one; thus, the User must compensate the Gallery with 18% of the total amount of the lot in the event of not submitting to the lot award process established herein, and regardless of the above, the User is responsible for any damages and losses arising from non-compliance with the provisions herein.  

Headings

The headings are included solely for ease of reading the Terms and Conditions, but shall not in any way alter the interpretation thereof, which must be adhered to at all times as expressed in the text of this document.

Jurisdiction and applicable law

The User agrees to submit to the laws and courts of Mexico City to resolve any dispute with the Gallery arising from these Terms and Conditions, waiving any other jurisdiction that, due to their current or future addresses, or for any other reason, may correspond to them.