Sociedade Comercial de Leilões “O Pregão”, Lda., hereinafter “Cabral Moncada Leilões”, performs its auction activity subject to Decreto Lei nº 155/2015, which has established the legal framework for auction activity, to the Business Conditions below, and to any other conditions expressed in a proper place. All auctions, live or online, performed by “Cabral Moncada Leilões” are subject to the following Business Conditions which are divided in four Sections (sellers; buyers; both sellers and buyers; additional conditions concerning online auctions and online bidding in live auctions); such division in sections is meant to simplify and facilitate the understanding of the document, which shall be deemed as one and shall be understood as such.
ART. 1 – Agreement for the Provision of Services The seller of an item and “Cabral Moncada Leilões” are bound to each other from the moment a provision of services contract, hereinafter referred to as the “Contract”, is entered into between both parties.
ART. 2 – Mandatory Content The Contract must mandatorily contain: a) the full name of the seller and, if applicable, his representative; b) the identification and description, though brief, of the item; c) the minimum selling price of the item, as agreed by the parties; d) the commission owed by the seller to “Cabral Moncada Leilões”; e) the fees regarding insurance and inventory of the item; f) any other fees agreed by the parties, in particular those regarding transportation, photographs, etc.; g) the indication, in case the seller is a VAT taxable person and acting in such capacity, of the cases in which the transfer of the good is neither exempted from VAT [pursuant to subparagraph 32 of article 9 or to article 53 of the VAT Code, or in accordance to an identical provision from the law of the European Union Member State where the transfer is executed] nor is it subject to the special rules governing the taxation of profit margins (established by Decree-law No. 199/96, of 18 October, or in accordance with an identical legal framework from the European Union Member State where the transfer is executed); h) any other mandatory mention pursuant to the applicable legislation (especially, the Decree-Law No. 155/2015); i) the signature of the seller or his empowered representative, stating the knowledge and acceptance of the present business conditions and any specific conditions that may be applicable.
ART. 3 – Seller Guarantees and Duties of the Seller By entering into the Contract, the seller: a) guarantees to be the legitimate owner and possessor of the item and that such item is free of any encumbrances, charges or restrictions, related to its holding, use, enjoyment or transmissibility, including classification, inventory or enrollment by any official entity, and that no proceedings have been initiated towards that end; in case during the Contract the seller is notified or becomes somehow aware of the initiation of a procedure towards classification, inventory or enrollment of the item or of any third party claims regarding such item, the seller shall immediately inform the “Cabral Moncada Leilões” of such fact; b) guarantees not to have omitted any facts or information from “Cabral Moncada Leilões” that, if they had been disclosed, were likely to change its will to enter into the Contract or change the description of the item and / or the value attributed to it; c) undertakes the obligation to deliver the items or to keep them at the disposal of “Cabral Moncada Leilões” and buyer as soon and whenever requested to do so.
ART. 4 - Representation by Third Parties In case the seller is represented by a third party, the provisions set forth in the preceding article apply to the latter, with the due adaptations. Such third party further undertakes the obligation to present “Cabral Moncada Leilões” the documents that prove its relationship with the seller.
ART. 5 Proof of Ownership “Cabral Moncada Leilões” reserves the right to require the presentation of documents that prove the capacity and legitimacy of the seller, including but not limited to, the ownership of the item, namely documents that prove its acquisition by the seller.
ART. 6 – Examinations and Technical Assessments “Cabral Moncada Leilões” also reserves the right, at all times, to perform or to order examinations and / or tests to the item in order to confirm or deny its description made in the Contract. If such examinations or tests reveal that the Contract is not materially correct, “Cabral Moncada Leilões” may terminate or cancel the Contract, and if the seller acted with willful misconduct or gross negligence in its negotiation and conclusion, it shall indemnify “Cabral Moncada Leilões” for the damages suffered by the latter, including image damage if the sale of the item has already been publicized. “Cabral Moncada Leilões” may also terminate or cancel the Contract, without thereby entitling the seller to any compensation, in the event such tests or examinations are not conclusive but there are still grounds for “Cabral Moncada Leilões” to doubt the material correctness of the Contract.
ART. 7 – Contract Modifications
The Contract may only be modified by mutual agreement, without prejudice of the right of “Cabral Moncada Leilões” to change the description and increase the minimum selling price of the item contained in the Agreement in the catalog in which such item is included, as well
as the right of “Cabral Moncada Leilões” to freely establish the number of items to be included in each lot.
ART. 8 – Breach by the seller
In case the seller fails to comply with its obligations under the Contract, including, inter alia, the obligation to provide the item to “Cabral Moncada Leilões”, the latter may notify the seller to remedy the breach within a reasonable and useful deadline. In case the non compliance persists after said deadline, “Cabral Moncada Leilões” has the right to terminate the Agreement with immediate effects, and still be entitled to claim from the seller, as a penalty clause, a sum equivalent to the commissions that would be payable by the seller and the buyer in the event of the sale of the item by the reservation value stipulated in the Contract, plus any other amounts owed by the seller under the Contract, without prejudice to any surplus damages.
ART. 9 – Duration
The contract shall be effective for an indefinite period of time and shall only cease by (i) mutual agreement; (ii) termination on the terms established herein; (iii) termination with just cause; or (iv) as the case may be, termination upon payment of the price or upon return of the good to the seller by “Cabral Moncada Leilões”.
ART. 10 – Liability of the Seller for the transportation Except when previously and duly agreed with “Cabral Moncada Leilões”, the transportation to, as well as the deposit of the item in, “Cabral Moncada Leilões” facilities, as well as its subsequent withdrawal and transportation in case of no sale, are the sole responsibility of the seller, and it shall be considered that any aid provided by “Cabral Moncada Leilões”, its legal representatives, employees or associates, is provided as courtesy and cannot be the source of any liability. The indication of a company or person to do so also excludes any liability of “Cabral Moncada Leilões”, its legal representatives, employees or associates.
ART. 11 – Liability of the Seller for the possession Any loss or damage, including theft and robbery, which may occur regarding an item while it is held by the seller, even after signing the Agreement, are the seller’s sole responsibility, the latter being obliged to compensate “Cabral Moncada Leilões” and / or the buyer for all damages and losses arising therefrom.
ART. 12 – Liability of “Cabral Moncada Leilões” for the Deposit Without prejudice to the cases where a different rule of this Business Conditions specifically applies “Cabral Moncada Leilões” can only be held liable for items that are deposited in its facilities after the respective Contract has been duly signed by the parties or in case the items were formally entrusted to “Cabral Moncada Leilões” for transportation, identification and evaluation purposes. The responsibility of “Cabral Moncada Leilões” for any loss or damage, including theft and robbery, which may occur regarding the items that have been formally entrusted to it is covered by insurance for the reserve amount agreed.
ART. 13 – Deduction of the Payment and other Amounts The seller expressly authorizes “Cabral Moncada Leilões” to deduct from the hammer price: a) the commission due to it under the Contract, plus VAT at the statutory rate; andb) the value of services and other payments due under the Contract, plus VAT at the statutory rate.
ART. 14 – Term “Cabral Moncada Leilões" undertakes to deliver the bill of sale to the seller within ten (10) days from the moment the payment in full of the item is made and after its collection by the buyer. The payment of the amount of the sale to the seller, deducted from commissions, services and taxes, shall be made within eight 8 (eight) days after the sale account is made available; the seller must contact “Cabral Moncada Leilões” for such purpose. Considering that the buyer must make the payment within 10 days from the auction’s last session it is therefore expected (but not guaranteed, as it is conditioned to the payment in full and collection of the item by the buyer) that the payment to the seller is made within 28 (twenty eight) days from the date of the auction’s last session.
ART. 15 – Right of resale
In case the item sold is an original work of art, in the meaning of Art. 54 of the Copyright and Related Rights Code (in the version amended by Law No. 24/2006, of 30 June), the net amount receivable by the seller comprehends the amount due to the author or, if applicable, to the author’s heirs, as a resale right (“droit de suite”). The seller is obliged to retain such amount and pay it to the author or, if applicable, to its heirs, upon their request or upon the request of any persons validly representing them. As an exception to the provisions of the preceding two paragraphs, in case the author, the author's heirs or whomever validly represents them requests such payment from “Cabral Moncada Leilões” before payment has been made to the seller, the seller expressly authorizes “Cabral Moncada Leilões” to deduct the amount due in respect of the resale right from the net amount which would be due under Article 13, the amount due for the same as a resale right (“droit de suite”).
ART. 16 – Compensation The seller further authorizes “Cabral Moncada Leilões” to deduct any amounts owed by the said seller as a buyer of other items from the net amount which would be due under Article 13, operating, to that extent, the applicable set-off.
ART. 17 – Breach by the buyer a) After the period of 10 (ten) days in which the buyer must make the payment, under the terms of Article 14 of this section, if “Cabral Moncada Leilões” has not received the total amount of the sale from the buyer, it shall contact the buyer in writing, demanding the outstanding payment within a reasonable period of time, under penalty of termination of the purchase and sale contract, but without prejudice to any legal action for judicial collection, and inform the seller of this fact. b) If the payment due by the buyer has not been executed within the reasonable period of time given for this purpose in the notice, “Cabral Moncada Leilões”, after consulting the seller, may choose to: (i) take legal action to recover the total amount of the sale; in this case, to the extent that the reaction against the buyer requires the intervention of the seller, the latter should empower “Cabral Moncada Leilões” to perform all the actions deemed necessary or appropriate for that purpose; or (ii) terminate the contract with the defaulting buyer.c) In case “Cabral Moncada Leilões” succeeds, either judicially or extra-judicially, in recovering the credit over the buyer, it shall deliver the amount due to the seller within eight (8) days following the effective collection.
A.4. NO SALE OF AN ITEM
ART. 18 – Payment and Withdrawl If an item is not sold in auction, and within one (1) month after the last session of the auction, the seller undertakes to: a) pay “Cabral Moncada Leilões” what is stipulated in the Contract, the seller not being entitled to any compensation or damages by reason of not having sold the item;b) withdraw the item.
ART. 19 – Out of Auction Sales “Cabral Moncada Leilões” reserves the right to sell any item not sold in auction out of auction, for the minimum sale price agreed plus commission and tax due, at any time before actual withdrawal of the item by the seller, except if the seller, when entering into the Contract or at a later stage, has expressly indicated to “Cabral Moncada Leilões” that it only intends to sell the item at auction.
ART. 20 – Failure to company with withdrawal term Once the period set forth in Article 18 has elapsed without the withdrawal of the item by the seller, title of ownership over the item shall be deemed reversed for all legal purposes, notwithstanding the fact that the seller shall become liable for any loss or damage, including theft and robbery, which may occur regarding the item. Consequently, neither “Cabral Moncada Leilões” nor its legal representatives, employees or associates will be liable for that eventuality. The seller will also be responsible for all item removal, storage and insurance costs that may be due.
ART. 21 – Replacement Ninety (90) days after completion of the period referred to in Article 18 and in case the seller has not voluntarily complied with the obligations established therein, “Cabral Moncada Leilões” may place the item for auction, live or online, again, without being subject to the minimum sale price agreed. “Cabral Moncada Leilões” shall then be entitled to receive the commission and the fees set in the Agreement and also to deduct any amounts owed y the seller.
ART. 1 – Registration Requirements In order to be able to place a bid, the potential buyer should be of age, previously register and have a bidding number. Such register must include the name, address, telephone number, taxpayer number and the signature of the prospective buyer or his empowered representative’s signature, in which he acknowledges and accepts the present Business Conditions. Upon registration, the potential buyer declares that all the information provided by him is true and that the data provided refer to himself, being aware that the filling in of false data and/or the abusive and/or non-consented use of data others is liable to civil and criminal liability.
ART. 2 – Proof of Identification “Cabral Moncada Leilões” assumes the data was provided by the holder thereof, who is responsible for its veracity and updating. “Cabral Moncada Leilões” reserves, however, the right, at the time of registration or at a later time, to request the presentation of the original of a valid and valid identification document from the potential buyer or its representative.
ART. 3 – Demand of Guarantee “Cabral Moncada Leilões” also reserves the right, upon registration or at a later date, to demand any potential buyer a guarantee “Cabral Moncada Leilões”, according to its commercial and credit policies and to the potential buyer’s background, deems reasonable, regarding both the form and the amount.
ART. 4 – Prior Breaches “Cabral Moncada Leilões” also reserves the right to refuse registration or ignore a bid to anyone who has not fulfilled the respective obligations punctually, including payment and withdrawal of one or more items in previous auctions.
ART. 5 – Representation by Third Parties “Cabral Moncada Leilões” considers that whoever submits its registration as a potential buyer acts on its own behalf and can only act on behalf of a third party by delivering legally valid power of attorney for the purpose, up to two (2) working days before the sale of the item. In case the power attorney is validly challenged by the alleged granter, the alleged representative and bidder will be deemed as buyer.
B.2. BIDDING AND PURCHASE
ART. 6 – Bidding in person, Purchase orders, Phone Bidding and Online BiddingWhenever a potential buyer wishes to ensure the actual bidding of one or more items, such prospective buyer shall attend and bid in person at the respective auction, as “Cabral Moncada Leilões” considers the presence of the potential buyer is, in any case, the most adequate way to safeguard his interests.
a) Absentee Bidding notwithstanding the previous articles, “Cabral Moncada Leilões” can bid on behalf of potential buyers who expressly request such bid through: (i) the appropriate written form and under the conditions contained therein, provided that such document is received 3 (three) hours before the start of the respective session; or(ii) one or more online platforms running the auction provided by “Cabral Moncada Leilões” provided that such purchase order is received in due time. Absentee bids for a certain item will be executed by “Cabral Moncada Leilões” at the best possible price permitted by any other absentee bids or other types of biddding received to the same item. b) Phone Bidding upon request of potential buyers, received at least 3 (three) hours before the start of the session, “Cabral Moncada Leilões” is also available to make reasonable efforts to contact them by telephone, in order to allow their participation, by such means, at the bidding of one or more predetermined items; c) Online Bidding Through one or more online platforms running the auction provided by “Cabral Moncada Leilões” it might be possible, notwithstanding the purchase orders mentioned before, to bid online during the auction.d) The execution of absentee bidding and telephone and online bidding services referred to in the preceding paragraphs are provided as a courtesy to potential buyers who cannot be present and is confidential and free of charge; “Cabral Moncada Leilões” will conduct all reasonable efforts within its power to its proper and timely execution; however neither “Cabral Moncada Leilões” nor its legal representatives, employees or associates may in any event be liable for any errors or omissions, even if negligent, that may eventually occur in the execution of such services; the specific case of online purchase orders or online bidding is also subject to Section D of the present Business Conditions.
ART. 7 – Bidding Evolution It is up to the auctioneer to decide, with total discretion, the amount in which the bids evolve in the bidding of each item. However, the auctioneer should never exceed 10% of the previous bid, and no bid shall be less than € 10, except in online auctions.
ART. 8 – Right of first refusal and doubt resolution a) “Cabral Moncada Leilões” will deem to be the buyer the one that, personally or through a third party duly empowered for the act, bids and wins the bidding of an item for the highest price, notwithstanding the possibility of exercise of the right of first refusal or option by official entities, in accordance with applicable law; b) Should several purchase orders and online bids of the same price be received for the same item, it will prevail the first to be registered at the “Cabral Moncada Leilões” online platform www.cmlacuctions.pt; c) It is up to the auctioneer to decide, with full discretionary power, any doubt that may arise, including the withdrawal of the item from the auction or the reposition of the item in auction; in such a case, the bidding is to begin by the item´s initial price.
B.3. PAYMENT AND WITHDRAWAL
ART. 9 –Amount due / Buyer Commission a) The buyer agrees to pay “Cabral Moncada Leilões” the total amount due for the sale of the item, i.e., the amount of the winning bid plus a commission, which includes VAT, according to the Special Regime for Item Sales at Auction, as follows:
up to and including € 300 – 24,60%;
in excess of € 300 up to and including € 1.000 – 22,14%;
in excess of € 1.000 up to and including € 3.000 – 19,68%;
in excess of € 3.000 up to and including € 20.000 – 17,22%;
on the portion of the hammer in excess of € 20.000 – 14,76%,
b) Should the purchase be executed through any other online platform than www.cmlauctions.pt , the buyer agrees to pay “Cabral Moncada Leilões” the total amount due for the sale of the item, i.e., the amount of the winning bid plus a commission, which includes VAT, of 24,60%. c) In the exceptional cases indicated in the catalogue, VAT may be due on the amount of the bidding.
ART. 10 – Payment methods a) The buyer must execute the payment referred to in the previous article in cash, ATM, certified check or bank transfer. b) Any cash payments will only be accepted in an amount of less than €3,000 (three thousand euros), or, in the case of a natural person non-resident in portuguese territory and provided that he is not acting as a businessman or trader, in an amount of less than €10,000 (ten thousand euros). c) For Corporate Tax taxable persons, as well as Personal Income taxable persons who have or should have organized accounting, payments in an amount equal to or greater than € 1,000 (one thousand Euros, must be made through of a payment method that allows the identification of the respective recipient. d) If the payment is executed by a non-certified check, the total amount of the sale is only considered to have been duly paid after the payment has been received, regardless of whether the good may already be in the buyer's possession.
ART. 11 – Payment term The buyer agrees to make the payment referred to in the previous article and withdraw the item within the ten (10) business days following the date of purchase and may be required, at the time of auction, to make a deposit of 30% of its value not covered by guarantee. After the said period of ten (10), “Cabral Moncada Leilões” reserves the right to charge interest at the legal rate for commercial operations.
ART. 12 – Collection and transfer of ownership The collection of the item will only be authorized after “Cabral Moncada Leilões” has received the total amount of the sale. Likewise, the transfer of ownership of the item to the buyer will only occur after full payment, meaning that the item will remain to be property of the seller until then.
ART. 13 – Liability for collections The collection and transportation of items is the sole responsibility of the buyer, and any assistance provided by “Cabral Moncada Leilões”, its legal representatives, employees or associates is a matter of courtesy, and cannot have as an effect liability of any kind. The indication of any company or person to do so also excludes any responsibility of “Cabral Moncada Leilões”, its legal representatives, employees or associates.
ART. 14 – Liability after Withdrawals Once the item has been withdrawn, or the deadline of ten (10) days is met without the collection of the item by the buyer, the buyer will be liable for any loss or damage, including theft or robbery, which may occur regarding the item. The buyer is also liable for any expenses related to the removal, storage and/or insurance that may occur.
ART. 15 – Liability of “Cabral Moncada Leilões” Any loss or damage, including theft or robbery, of an item auctioned and not collected, that occurs within the ten (10) days deadline referred to in Article 11, only grants the buyer the right to receive an amount equal to the one paid at the time for the item, and does not entitle him to any compensation, damages or interest.
ART. 16 – Consequences of non-payment in full If the buyer fails to pay the full amount of the sale within ten (10) days from the date of the item auction, “Cabral Moncada Leilões” may, at any time, for itself and/on behalf of the seller and without any possibility of the buyer to demand any compensation or reparation for this fact: i) file a lawsuit to recover the full amount of the sale; or ii) notify the buyer of the cancellation of the sale. b) The alternatives prior shall be understood without prejudice to any other rights that “Cabral Moncada Leilões” may be entitled to, including the right to claim payment of interest and costs of removal, storage and / or insurance of the item that may occur. c) The fact that “Cabral Moncada Leilões” initially opts for the alternative provided in subparagraph (i) of paragraph a) of this article shall be understood without prejudice to the right, at any time, to put an end to such action and to resolve the sales contract under the terms set out in sub-paragraph (ii) of the aforementioned sub-paragraph a). d) In the event of termination, in the alternative provided in subparagraph (ii) of paragraph a) of this article, “Cabral Moncada Leilões” will be entitled to claim any amounts received from the buyer as partial payment (the buyer, for this purpose, will automatically accept that any possible partial payment is given the nature of a down payment) and also to receive, as compensation, the commissions that would be due by the seller and the buyer in the event of the latter's performance of the contract.
B.4. LIABILITY OF “CABRAL MONCADA LEILÕES”
ART. 17 – Liability for descriptions a) “Cabral Moncada Leilões” is responsible for the accuracy of descriptions (which should be understood as references to time, style, author, materials and condition) of items in its catalogs, without prejudice of the possibility of such descriptions being publicly and verbally corrected until the moment of the sale. b) All items put up for sale by “Cabral Moncada Leilões” which are made of or incorporate precious metals shall comply with the provisions established in the Portuguese Law No. 98/2015, of August 18th (Legal Regime of Goldsmithery and Assay) and Portuguese Decree Law No. 44 /2016, of August 17th, being duly contrasted whenever this is legally required. c) All goods offered for sale by “Cabral Moncada Leilões” that incorporate materials from protected wild fauna and flora species have been previously certified in accordance with the provisions of CITES - Convention on International Trade in Endangered Species of Wild Fauna and Flora. Pursuant to the applicable legislation, the respective buyer must apply for a new registration on his behalf with the competent authority.
ART. 18 – Condition status and Particular Cases All items are sold in their current condition, and it is up to potential buyers to personally confirm, by prior examination of the item, the accuracy of the description in the catalog, particularly with regard to possible restoration, faults or defects mentioned therein, and also: a) in case of items that include mechanisms, such as clocks and music boxes, when the description of the catalog does not explicitly mention any “need to repair the mechanism” or equivalent, the item’s mechanisms will be deemed to be functioning; b) in the cases referred to in the preceding paragraph, the liability of “Cabral Moncada Leilões” is restricted to the mere operation of the mechanism, and not to its perfect functioning, and ceases, in any case, at the time of withdrawal of the item by the buyer. c) The mention of signatures, initials, names, brands or existing acronyms in an item and its mere factual transcription in its description does not imply the assignment of authorship by “Cabral Moncada Leilões” except in the cases where this authorship is specifically assumed at the beginning of the description.
ART. 19 – Discrepancy of Descriptions In cases where is verified a discrepancy between the description and the reality of the item at the time of the auction, the buyer (or whoever succeeds the same, under the terms of the law), may, during a period of 3 (three) years from the date of the auction, request the return of the total amount of the sale through the return of the good, provided that the item is in the condition it was at the time of the auction, not having, however, the right to any compensation, indemnity or interest.
ART. 20 – Burden of Proof Under the terms and within the legal limits, it is up to the buyer to demonstrate the existence of the relevant discrepancy between the description and the reality of the item, under the terms and for the purpose of the preceding articles.
ART. 21 – Expert Opinion “Cabral Moncada Leilões” may require the plaintiff buyer to file a written statement with an attached expert opinion signed by a recognized expert in domestic or international markets, without prejudice to its right, in any case, and at all time, to oppose to the expert opinion presented with another of equivalent value.
ART. 22 – Pictures The photographs or representations of the items in the catalog are intended solely for identification of the items subject to sale.
ART. 23 – Claims by Third Parties “Cabral Moncada Leilões” is not liable before the buyer for an item that, for reasons attributable to the seller or a third party, is subject to claims or grievances and / or seized, provisionally or permanently, by the competent authorities, regardless of the date in which the complaint, claim or seizure has been determined or enforced, and the nature or amount of any loss or damage that may arise therefrom, which shall be claimed by the buyer directly to the seller or third party that caused them.
ART. 24 – Limits to the transfer, exportation and similar activities “Cabral Moncada Leilões” is also not liable to the buyer of an item that is prohibited from leaving the country or subject to any encumbrance, charge or restriction, related to its holding, use, enjoyment or transmissibility, including under legislation protecting cultural heritage, regardless of the date of its classification, inventory or enrollment and of the nature or amount of any loss or damage that may arise to the buyer from such restriction, which must be claimed by the buyer directly to the seller or third party who caused it. Similarly, it is the buyer's responsibility to find out about (and, if applicable, obtain) any (i) licenses and other formalities or restrictions on exports from Portugal to the country of intended destination by the purchaser, and (ii) licenses and other formalities or restrictions on importation into the country of intended destination by the purchaser - e.g., some countries place restrictions on the import of goods incorporating vegetable or animal elements.
ART. 25 – Limitation of Liability Except in case of willful misconduct, the liability of “Cabral Moncada Leilões” before the buyer is, in any case, limited to the amount actually paid for the purchase of the item.
ART. 1 – Independence “Cabral Moncada Leilõ s”, respective partners or legal representatives, their spouses, ascendants or descendants do not act, under any circumstance, in its own name as sellers or buyers of the items placed at auction
ART 2. – Permission to Publish The seller and the buyer expressly authorizes “Cabral Moncada Leilões” to photograph, publish, publicize and use, in any form and at all times, for commercial, cultural, academic or other purposes, related or not to the auction, the image and description of all items that have been sold or acquired through it.
ART. 3 - Prevention and Combat of Money Laundering and Funding Terrorism.
Under the terms of Law No. 83/2017, of August 18th, and Regulation (EU) No. 314/2018, of 25 May, “Cabral Moncada Leilões” is subject to the fulfillment of the general duties of PCML/FT, including, namely, the duty of identification and diligence (article 23 et seq. of the Law and article 5 of the Regulation) which required when established business relations or are carried out occasional transactions of an amount equal to or higher than € 15,000 (fifteen thousand euros), regardless of the way of payment and either the transaction was performed through a single operation or by several operations apparently linked in some way.
ART. 4 - General Data Protection Regulation (RGPD)
ART. 5 - Complaints Book “Cabral Moncada Leilões” provides a legal complaints book, in physical and electronic format.
ART. 6 – Court a) For the resolution of any dispute between the parties concerning the interpretation or validity of the Contract, including the present Business Conditions, as well as its implementation and enforcement, the court of the district of Lisbon shall be exclusively competent. b) In the event of a dispute, the consumer may resort to an Alternative Dispute Resolution Entity, under the terms of Law No. 144/2015 of 8 September: Lisbon Consumer Dispute Arbitration Center: http://www.centroarbitragemlisboa.pt/ Vale do Ave Consumer Dispute Arbitration Center/Court of Arbitration: http://www.triave.pt/ CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court): http://www.ciab.pt/pt/ CNIACC – National Center for Information and Arbitration of Consumer Disputes: https://www.cniacc.pt/pt/ Coimbra District Consumer Dispute Arbitration Center: http://www.centrodearbitragemdecoimbra.com Algarve Consumer Dispute Information, Mediation and Arbitration Center: http://www.consumoalgarve.pt Porto Consumer Information and Arbitration Center: http://www.cicap.pt;More information at Consumer Protection General Directorate (https://www.consumidor.gov.pt/).
The precedent Business Conditions apply to “Cabral Moncada Leilões” online auctions and online bidding at live auctions with the following adaptations and modifications, due to its specificity:
ART. 1 - Platforms “Cabral Moncada Leilões” provides online-only auctions at the “Cabral Moncada Leilões” internet website at www.cml.pt – below, “CML Online Platform www.cml.pt”. “Cabral Moncada Leilões” provides also online bidding at its live auctions through determined international online platforms run by Third Parties - below, “Third Parties Platforms”
ART. 2 Online auction catalogues The catalogues with the image and description of each and every item included in online auctions are only available in digital version at “CML Online Platform www.cml.pt”.
ART. 3 - Online register a) In order to bid at an online auction, the potential buyer should be of age, previously register at CML Online Platform www.cml.pt, mandatorily fulfilling the name, address, taxpayer number, telephone number and email, and declaring to acknowledge and to accept the present Business Conditions. b) In order to give Purchase Orders and to bid online at a live auction the potential buyer should be previously registered in one of the Third Parties Platforms in which that auction has been provided by “Cabral Moncada Leilões”, complying to the rules and accepting the terms and conditions of such Platform. Doing so and giving Purchase Orders or Bidding online at a “Cabral Moncada Leilões” live auction, the potential buyer accepts to comply to the present Business Conditions, which, in case of contradiction, will prevail over the terms and conditions of such platform. c) The potential online buyer should keep confidential the chosen password and any other means of authentication received during his register process at the “CML Platform” or, should that be the case, at a Third Parties Platform, and is responsible for any unauthorized access to his account. d) “Cabral Moncada Leilões” reserves the right to cancel or to suspend the register of anyone who failed to comply to his obligations in due time, namely the payment or the withdraw of one or more items, in previous auctions.
ART. 4 – Purchase Orders and Online Bidding at Online Auctions a) Purchase orders and online bidding can only be accepted when presented through the CML Platform, after register of the potential online buyer according to item a) of the previous article; b) Online purchase orders and online bidding can only be accepted when its value is equal or superior to the base value of each item;c)Online purchase orders for a certain item will be automatically executed by “Cabral Moncada Leilões” for the best price allowed by the existence any other online purchase orders or online bidding received for the same item; d) Online bidding increments will not exceed in any case 10% of the value of the precedent bid; e) Online purchase orders received and accepted by “Cabral Moncada Leilões” are confidential; f) The potential buyer accepts that his online purchase orders and online bidding at the CML Platform, once accepted, are final and cannot, by no means, be canceled or revoked until the term of the correspondent online auction.
ART. 5 – Inexistence of the right of free resolution The online buyer at live or online auctions acknowledges and accepts that his purchase has been undertaken in an online auction, having had the opportunity to pre-inspect the item, therefore the right of free resolution of the contract, according the legislation concerning distance and off-premises contracts, will not be available. As the only exception to what precedes, the buyer who is a consumer may have a right of free resolution only in the case of online auctions, provided that the seller of the good in question is a professional and the other legally established assumptions and requirements have been verified.
ART. 7 – Liability The CML Live Platform www.cml.liveauctions.pt and CML Online Platform www.cml.pt both operate, in each and all phases (including but not limited to, registration, access to the account by registered users, purchase orders and bidding management, determination of the winner bid and communication with the registered users) in a fully automatic mode. The Third Parties Platforms operate also automatically, at least in part. In both cases, periods of unavailability may occur to the CML Live Platform www.cml.liveauctions.pt and CML Online Platform www.cml.pt or to the Third Parties Platforms and/or problems and the appearance of faults in the functions, that may be caused to a variety of causes, including, namely, internet connection problems, electric overload, virus, cyber attacks, programming errors or inconsistencies – bellow “Platform Operating Problems”. b) Regarding the online auctions, the Platform Operating Problems of CML Online Platform www.cml.pt may compromise the achievement of one or more than one online auctions, or may affect, in a particular auction, one or more items (lots); likewise, Platform Operating Problems may affect the users in general, a group of users, or just a single user, which may, namely, be unable to register, to access his own account, to give a purchase order or a bid; or, being able to give a purchase order or a bid, such purchase order or bid was not taken into consideration, or not receiving certain communications (such as the reception of an higher bid) or receiving wrong communications. c) Regarding the live auctions, the Platform Operating Problems of CML Live Platform www.cml.liveauctions.pt or of a Third Party Platform may affect online users, that can be unable to register, to access his own account, to give a purchase order or a bid; or, being able to give a purchase order or a bid, such purchase order or bid was not taken into consideration, or not receiving certain (such as the reception of an higher bid) or receiving wrong communications. Whenever a potential buyer wishes to ensure the actual bidding of one or more items, such prospective buyer shall attend and bid in person at the respective auction, as “Cabral Moncada Leilões” considers the presence of the potential buyer is, in any case, the most adequate way to safeguard his interests.d) Neither “Cabral Moncada Leilões” nor its legal representatives, employees or associates shall be deemed liable, in any case, for any Platform Operating Problems. e) Should a Platform Operating Problem occur during an online auction, “Cabral Moncada Leilões” may, but is not compelled to, repeat the affected auction, or to put to sell again the affected items in a new live or online auction. Should a Platform Operating Problem occur during a live auction, it is up to the auctioneer to decide, with full discretionary power, any doubt that may arise.
In case of any discrepancy between the Portuguese version and the English version of the Business Conditions, the Portuguese version shall always prevail.