Founded in 1996 and with headquarters in the centre of Lisbon, Sociedade Comercial de Leilões “O Pregão”, Lda, commercially known as CABRAL MONCADA LEILÕES, is a Portuguese company specialized in ANTIQUES AND WORKS OF ART and MODERN AND CONTEMPORARY ART, operating in two major areas - LIVE AND ONLINE AUCTIONS and EVALUATIONS - and two complementary ones - EXPERT OPINION and CONSULTANCY.
Its activity is subject to Decreto-Lei 155/2015, which establishes the legal framework regarding the auction activity and to the Business Conditions available in all its catalogues and at the website at www.cml.pt.
It holds a DGAE legal authorization to carry out auction activities since 23.11.2015 and a Hiscox civil liability insurance policy no. 2503667; worth: € 200,000. It is co-managed by its partners Miguel Cabral de Moncada and Pedro Maria de Alvim.
TO VALUE THE MOVABLE CULTURAL HERITAGE THROUGH THE APPROACH OF THE ART MARKET TO THE ACADEMIAA reference company in the art market in Portugal. in the Portuguese art market.
Committed from the beginning to invest in the professionalization, credibility and accountability of the Portuguese Art Market, we have always believed that it is possible and desirable to aim for a successful and profitable cultural business and at the same time operate the same with the necessary exemption, cultural requirement, rigor and seriousness.
On the contrary, the dynamism of exempt and culturally demanding commercial companies in the art market, such as CABRAL MONCADA LEILÕES has sought to decisively contribute, in close proximity and through partnerships and protocols with universities, academies, museums and other institutions and cultural agents, not only to blur the gap traditionally existing between both the commercial and business world and the cultural and academic world, but also for the valorization, dissemination and preservation of the Movable Cultural Heritage, not only in the segment of the so-called Antiques and Collector's items, but also, and increasingly, in the area dedicated to the works of Modern and Contemporary Art.
At CABRAL MONCADA LEILÕES we first and foremost value the following:
SENSE OF RESPONSIBILITY - reflected in the exemption, effectiveness and commitment of all employees, at all times;COMPETENCE - reflected in the concern for technical knowledge, demand and rigor, in all aspects; INTEGRITY - whether in strict compliance with the legislation in force and the best and most demanding national and international art market practices, or in the attitude assumed internally and externally: transparency, accuracy and loyalty; CONFIDENTIALITY - all activities carried out by CABRAL MONCADA LEILÕES, in pursuit of its corporate purpose of holding auctions and art evaluations, are subject to the duty of strict confidentiality; CABRAL MONCADA LEILÕES ensures, in all circumstances, complete secrecy regarding the identity of its interlocutors, including this secrecy, in the case of evaluations, the items presented to it and their whereabouts and all information and documentation provided to it to the effect, assuming full responsibility for this confidentiality; vd. Cabral Moncada Leilões Privacy Policy.
We believe that an auction of works of art, as we understand it and practice it - should be held in public, in an environment of free competition, with extensive national and international promotion and disclosure, subject to clear and legal Conditions, bearing rigorous descriptions of the items on sale and their starting prices, formalized by a sale contract, duly signed by the respective parties - it is the safest, most efficient and most transparent way of selling and valuing a work of art.
By not acquiring or being able to purchase items for itself, neither selling nor being able to sell its own items, neither at auction or privately, neither directly nor indirectly, CABRAL MONCADA LEILÕES, which legally represents and acts on behalf of third parties, as established through a binding contract, believe that this is the only way - today, fortunately legally enshrined - to terminate the chronical conflict of interests that has always undermined, to a greater or lesser extent, the credibility of most intermediary agents and to ensure a greater degree of exemption to the cultural economic system and greater credibility in the formulation of sale prices in the art market.
We expressly state in our Business Conditions our full responsibility for the accuracy and rigor of the descriptions of the lots in our catalogues, therefore using a wide range and duly identified body of prestigious experts, totally independent and autonomous, in the various areas in which our activity is developed;
Strictly observing the current legislation and the best and most demanding national and international art market practices, at all times and at all levels, namely in the preparation of our catalogues, auctions, regardless of its nature, live or online, in the public disclosure of its results, in the rigor and accuracy of the data and information provided to the public and the art market.
CABRAL MONCADA LEILÕES provides, first and foremost, to Sellers and Buyers, their Customers, and through them to the art market, understood as a whole, an increased degree of confidence, which has allowed us to continuously grow, attract, expand and retain a growing number of Customers, making us a national reference in the Portuguese Art Market.
Ensure, at all times, an attitude consistent with the fundamental concerns that guide us and live up to - in Conditions of content and image - the status of a national reference in the Portuguese Art Market, already recognized by itself.
The provision of an impeccable and personalized service to all our Customers - before, during and after each auction and each evaluation and in all circumstances, inside or outside our facilities - a concern that demanded the creation of a department for this sole purpose - Customer Care - to coordinate, systematize and optimize the entire relationship with our Customers.
Continue to actively promote, directly and indirectly, the correct evaluation of works of art and movable cultural items, their dissemination and preservation, namely through the realization and publication of cultural and artistic research works in Portugal, as we have been doing systematically within the scope of SCRIBE, Produções Culturais Lda.,
Continue to actively promote, directly and indirectly, the correct evaluation of works of art and movable cultural items, their dissemination and preservation, namely through the realization and publication of cultural and artistic research works in Portugal, as we have been doing systematically within the scope of SCRIBE, Produções Culturais Lda., a prestigious Portuguese company, recognized in its field of business, supported and partially owned by CABRAL MONCADA LEILÕES since its inception.
Established in 2008, with CABRAL MONCADA LEILÕES and Manuel de Bragança as partners, SCRIBE www.scribe.pt combines the professional experience of Miguel Cabral de Moncada and Pedro Maria de Alvim in the art market in Portugal, namely in the design, realization and production of art catalogues, to the professional experience of Manuel de Bragança in the area of books and publishing, carrying out its activity in three complementary areas: Books; Art catalogues; Author editions; Thematic seminars.
Established in 2022, the CABRAL MONCADA LEILÕES ACADEMY main objective is to contribute to the development and sharing of skills in the scope of Decorative Arts and the Art Market in Portugal.It does so through Free In-person Courses made available via streaming, with the issuance of a certificate, on different themes focused mainly on the universe of Portuguese Decorative Arts and related to Portugal, allowing trainees to have closer contact with the pieces under analysis.
CABRAL MONCADA LEILÕES regularly holds live and online auctions of antiques and works of modern and contemporary art. It is prepared to hold extraordinary / specific / thematic auctions, of larger or smaller size, unique or periodic, at the request of interested people or companies.
CABRAL MONCADA LEILÕES provides a permanent consultancy, evaluation and expert opinion service for antiques and works of modern and contemporary art, namely furniture, painting, sculpture and sacred art, Portuguese art, silverware, jewellry and coins, oriental and European porcelain, faience, tapestries, bronze and metal ware, art and decorative objects, longcase, table clocks, pocket and wrist watches, weapons, uniforms, tribal art, wines, toys, books, manuscripts, book bindings, engravings, etc., particularly for purposes of inheritance, insurance, auction sales, updating of heritage items, certification, etc.
This CUSTOMER GUIDE is merely an informative summary of the BUSINESS CONDITIONS in force (for which you can refer to www.cml.pt), and the steps to follow for any sale or purchase of items at auction; or/and for the purposes of expert opinion and items evaluation. It provides answers to the questions we are most frequently asked.
Preliminary remark: all auctions – live or online – operated by CABRAL MONCADA LEILÕES are subject to the BUSINESS CONDITIONS in force; CABRAL MONCADA LEILÕES online auctions and online bidding at CABRAL MONCADA LEILÕES live auctions are subject furthermore to the specific adaptations and modifications as provided in the mentioned BUSINESS CONDITIONS.
Informal evaluation of items for auction – Free of charge*The concerned parties should contact CABRAL MONCADA LEILÕES and agree upon a specific date. Informal /unofficial evaluation is given free of charge at the company’s premises, for a necessarily limited number of items; is to be presented in written, as a Business Proposal, with no obligation to proceed with the sale at auction.* (except wines).
What to do in case of not being able to bring the item to our premises If the item is of difficult carrying or very fragile and according to our best judgment a conditional evaluation may be given on the basis of a high-quality photograph, specifying the particular dimensions, any markings, signatures or other significant references. These evaluations are also free of charge and do not entail any obligation to proceed with the sale at auction.
Local evaluationsAt the request of the person concerned and whenever understood necessary or convenient, CABRAL MONCADA LEILÕES can arrange for its experts to visit your home or the location of the items for an unofficial evaluation with the purpose of putting them up for auction. As in previous cases, such evaluation is free of charge and does not entail any obligation to proceed with the sale at auction.
Formal evaluation of itemsWhenever the parties concerned require a written and signed official evaluation for inheritance, insurance, auction placement, property inventory updates or any other purposes, CABRAL MONCADA LEILÕES may also arrange for its experts to visit the customer’s home or the location of the items.
In this case, the appointment and Conditions of the evaluation must be established in advance, with the cost of the evaluation, upon which VAT is applicable, calculated according to the following scale (minimum cost: € 100.00 + VAT):
up to € 50,000 – 2%from € 50,001 to € 100,000 – 1.75%from € 100,001 to € 500,000 – 1.5%from € 500,001 to € 1,000,000 – 1.25%from € 1,000,001 to € 1,500,000 – 1.00%from € 1,500,001 to € 2,000,000 – 0.75%over € 2,000,001 – 0.50%
Please note:1. Should a certain item, or authorship, though insusceptible of expert opinion by CABRAL MONCADA LEILÕES to be nevertheless susceptible of conditional evaluation, the indicated values are to be considered under reserve and necessarily indicative; in those cases, the correspondent fees will be reduced by 50% accordingly;2. The cost of the items official evaluation subsequently put up for and sold at auction will be deducted from the amount owed to CABRAL MONCADA LEILÕES by the owners.
Regardless of putting an item up for auction, CABRAL MONCADA LEILÕES advises you:
What to do next?After a decision has been taken to put an item up for auction, CABRAL MONCADA LEILÕES will notify customers of the date of the following auctions and current Business Conditions and conditions.
An “Auction Sale Agreement” must be entered between CABRAL MONCADA LEILÕES and the item’s owner-seller. In addition to the owner-seller’s full ID, both civil and fiscal, the contract identifies and describes each and every item, the premiums and fees due and the minimum estimate sale price to be agreed between the parties. The minimum sale price agreed between the parties, also referred to as the “reserve price” will be the amount of the evaluation which will be expressly set out in the respective catalogue.(Minimum sale price agreed between the parties in the contract / reserve = base auction price in the catalogue).
ON THE SELLER:Premium * ....................................................... subject to the amount of the sellInsurance ** Hiscox / Villas-Boas ACP ........ 1% on the reserve price, including items not sold
Administrative Fee Live auctions .................................................. € 10,00 per item, including items not soldOnline auctions .............................................. € 2,00 per item, including items not soldCatalogue photographs *** ......................... variable depending on sizeVAT .................................................................. value added tax is only charged on the premium and other services (and not on the value of the auction sale, except when indicated).
COPYRIGHT RIGHTS – Law 24/2006 **** This amount comprises a law fully defined percentage calculated upon sales prices equal to or greater than €3,000; the charged percentage varies according to the value reached at auction, according to the law; should the author, the author's heirs or whoever validly represents them requests such payment from CABRAL MONCADA LEILÕES before the latter has made the payment to the seller, the seller expressly authorizes CABRAL MONCADA LEILÕES to deduct from the net amount, which would be owed to him, the amount due as a resale right.
In the event that the author
* Only payable if item is sold; charged on sales price; to be deducted from the amount of the winning bid; ** Charged on the value of the agreed reserve*** Fee:Fullpage–€120;1⁄2page–€60;1⁄4page–€30**** 4% on sales price from €3,000 – €50,000; 3% from € 50,000.01 – € 200,000; etc.
The total amount of copyright on each transaction may not exceed € 12,500
NEW LEGAL FRAME CONCERNING JEWELLERY AND ASSAY OFFICE - Lei no 98/2015, 18.08.2015; Dec. Lei no 44/2016, 17.8.2016Each and all items including precious metals put to sell by CABRAL MONCADA LEILÕES comply with all the applicable legislation, and are marked whenever necessary, according to the law. Costs:Expert Certificate or Declaration (in order to legalize an item near the Assay Office - Imprensa Nacional - Casa da Moeda ........................................... € 10 (+ VAT)Assay Marks: Imprensa - Nacional-Casa da Moeda: in accordance with Portaria 403-B/2015.
CITES CERTIFICATE – International Trade Convention on Endangered Species of Wild Fauna and Flora
Under applicable legislation, certification through the ICNF – Institute for the Conservation of Nature and Forests is mandatory for all items that incorporate materials from protected wild fauna and flora species. Accordingly, each and every item incorporating materials from protected wild fauna and flora species to be put for sale by CABRAL MONCADA LEILÕES must be previously certified.
Items contracted for auctionCABRAL MONCADA LEILÕES is available to provide the necessary services for the preparation of the process to be presented to the ICNF for the purposes of certifying the items contracted for auction; In this case, the costs inherent to the expert opinion and evaluation of the item are included and will therefore not be charged by CABRAL MONCADA LEILÕES, but only the administrative costs: € 30 + VAT, plus the costs of issuing the certificate by the ICNF: €34.40 (VAT exempt).
Items not contracted for auction Whenever this is requested by the owner of an item required for certification (as is, in particular, the case of the buyer of one of these items at auction) and considers it viable from the outset, CABRAL MONCADA LEILÕES may provide the necessary services for the preparation of the process to be presented to the ICNF for the purposes of certification of such items, under the Conditions indicated in greater detail in the respective chapter at the end of this Customer Guide.
Each and all items including materials from the Endangered Species of Wild Fauna and Flora protected by the Convention put to sell by CABRAL MONCADA LEILÕES are to be previously certified by the Instituto da Conservação da Natureza e das Florestas and comply with all the applicable legislation, and are marked whenever necessary, according to the law. Costs per certificate /lot:ICNF Certificate ........................................... € 34,40 (VAT exempted)Administrative fee .................................... € 10 (+ VAT)
When does the seller receive the proceeds of the sale?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 by the buyer. The payment of the amount of the sale to the seller, deducting commissions, services and taxes due, will occur within eight (8) days following the sale bill being made available. The seller must contact CABRAL MONCADA LEILÕES for such purpose.
Considering that the buyer must pay within ten (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 twenty-eight (28) days from the date of the auction’s last session.
Prior to live auction – Catalogue and preview Live auction catalogues are available at www.cml.pt; printed catalogues can be obtained directly from CABRAL MONCADA LEILÕES.The items up for live auction will be exhibited to the public from 2:00pm to 7:00pm for a seven-day period before the first session. The exhibition period always includes a weekend, to accommodate visits for those who have difficulty doing so during the week.
Usual live auctions sales calendar Auctions may have one or several sessions distributed over one or two weeks (Mondays to Thursdays). All sessions are held at the premises of CABRAL MONCADA LEILÕES starting at 6:00pm and usually ending around 10:00pm.
Admission and bidding Admission to auctions is free and there is no obligation to bid.In addition to our usual customers, we welcome anyone interested in attending an auction for the first time, as well as anyone who has no bidding experience.CABRAL MONCADA LEILÕES will be pleased to provide full information and explanations which may assist interested parties on how an auction is organised, allowing them to bid in the best possible circumstances.
It is advisable to establish in advance the maximum amount you are willing to offer when bidding on the item you have in mind. Buyers should bear in mind that they will also have to pay the commission owed by the buyer and the VAT on it.
Bidding procedureThere are several ways of bidding for and purchasing items on live auctions:
1. BiddinginpersonInterested parties must register when arriving at the premises of CABRAL MONCADA LEILÕES by filling in and signing a form, stating their name and address, telephone number, identity card/passport number and taxpayer identification number. They will be given then a numbered paddle to use for bidding. If you wish to bid in person, all you have to do is to raise the numbered paddle you were given at registration desk and clearly show your intent to the auctioneer who will accept your bid as soon as possible. Once you have finished bidding and secured the item, the auctioneer will state out loud the number of the winning bidder’s paddle and repeat the correct amount of the sale before moving on to the next item.
2. Purchase Orders / Written bids
3. Telephone bidsThe telephone bid form can be obtained at www.cml.pt or requested to CABRAL MONCADA LEILÕES. The form should be filled in, signed and returned to us in person, by e-mail or fax at least three hours prior to the beginning of the particular sale. CABRAL MONCADA LEILÕES will call you from the room where the auction is being held just before the item or items, you are interested in, are being put for sale, to allow you to follow that particular bidding.Telephone bidding is a courtesy service for purchasers who are unable to attend the auction. It is confidential and free of charge.
4. Bidding through CABRAL MONCADA LEILÕES own online platform www.cml.liveauctions.ptIn addition to the submission of purchase orders referred herein above, it is possible to place online bids on CABRAL MONCADA LEILÕES exclusive online platform www.cml.liveauctions.pt, throughout the entire duration of the live auction. In order to bid online, the potential buyer of our live auctions should register itself in advance at www.cml.liveauctions.pt by filling in the fields with its name, address, taxpayer number, telephone number and email, declaring to know and accept our Business Conditions. The prospective online buyer should keep confidential the chosen password and be fully responsible for its use.
5. Bidding through other online platforms where the live auction has been made available.
As mentioned at the beginning of the present Customer Guide, the Business Conditions shall apply to online auctions and online participation in live auctions, with the adaptations and modifications, resulting from their specificity, to which we refer.
Prior to online auction - ExhibitionThe catalogues with the image and description of each and every item included in CABRAL MONCADA LEILÕES online auctions are only available in digital version at CABRAL MONCADA LEILÕES internet website www.cml.pt
In-person viewing and analysis of itemsAll items that are part of online auctions are available for prior viewing and analysis in person, subject to prior booking; information on the condition of the items can also be provided under request of the potential buyer.
How to bid in online auctionsRegistration and bidding - online purchase orders~In order to place an online bid, the potential online buyer should be of age, previously register on CABRAL MONCADA LEILÕES website www.cml.pt, mandatorily fulfilling the name, address, taxpayer number, telephone number and email, and declaring to acknowledge and to accept this Business Conditions.The potential online buyer shall keep confidential the chosen password and is responsible for any unauthorized access to his account.
Cancelation and suspension of the registrationCABRAL MONCADA LEILÕES reserves the right to cancel or suspend the register of anyone who failed to comply to its obligations in due time, namely the payment or the withdraw of one or more items, in previous auctions.
Online purchase orders cannot be canceled or revoked and are confidentialThe potential online buyer accepts that his online purchase orders 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. Online purchase orders received and accepted by CABRAL MONCADA LEILÕES are confidential.
Minimum value and purchase orders executionOnline purchase orders can only be accepted when its value is equal or superior to the base value of each item;
If your purchase order (bid) regarding a certain item is higher than the base value of the item, the system will gradually and automatically increment your bid in order to cover any other bids (until the limit indicated by you, which is confidential but that you can consult at any time).In cases when two equal maximum bids are submitted, the first bid received will take priority.
If you are outbided at any time you will receive an email indicating this. You may then choose to enter another bid of superior value or not.
When to bidOnline purchase orders may be presented in our online platform www.cml.pt since the beginning of the auction until the end of the bidding of each lot of that same auction.Online bidding incrementsIn no circumstance, online bidding increments shall exceed more than 10% of the previous purchase order; these are to be executed by CABRAL MONCADA LEILÕES as follows:
Intervalo de valores (€)
Evolução (€)
0 - 50
2
50 - 100
5
100 - 200
10
200 - 300
20
300 - 800
25
800 - 1.400
50
1.400 - 3.000
100
3.000 - 8.000
250
8.000 - 14.000
500
14.000 - 30.000
1000
30.000 - 80.000
2500
Acima de 80.000
5000
Monitoring your bidsOnce you have left a purchase order (bid) on a lot, you will be notified on screen if you are the highest bidder or not. If you are subsequently outbided, you will be notified by email, and provided with a link to increase your bid. We encourage you to monitor your lots throughout the auction to ensure your status as highest bidder up until the close of the auction.
Auction closing
An end time is displayed for each lot on the lot detail page. Lots will close progressively and sequentially, in 15 seconds increments, unless a bid is placed within 3 minutes of a lot's scheduled end time. If this occurs, CABRAL MONCADA LEILÕES will extend the sale of that lot by 3 minutes from the time of the last bid.The extension of any one lot's closing time does not affect the closing time of the following lots. This may result in lots closing out of numerical order.
Your purchasesIf you remain the highest bidder until the bidding for the lot(s) closes, you will receive an email at the auction’s end notifying you of your purchase(s).
Inexistence of the right of free resolutionThe 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 item in question is a professional and the other legally established assumptions and requirements have been verified.
LiabilityThe CABRAL MONCADA LEILÕES online auctions platform www.cml.pt operates, 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 way.
Periods of unavailability may occur on the CABRAL MONCADA LEILÕES online auctions platform www.cml.pt or Third Parties Platforms, as well as problems or faults in their functions may arise, which may be caused by a variety of causes, including, namely, internet connection problems, electric overload, virus, cyber- attacks, programming errors or inconsistencies.
Online Auctions - Platform Operating Problems 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.
Online Bidding at Live Actions - Platform Operating Problems 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.
CABRAL MONCADA LEILÕES as well as its legal representatives, employees or associates is not liable, in any case, for any Platform Operating Problems of CABRAL MONCADA LEILÕES online auctions platform www.cml.ptShould 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.
Which are my obligations when purchasing an item at an auction?
1. For each lot, purchasers must pay the full amount of the winning bid, plus a commission, which includes 23% VAT, according to the Special Regime for Item Sales at Auction, as follows:
até € 300 (inclusive)
(20%) 24,60%, IVA incluído
na parte que exceda € 300 e até € 1.000 (inclusive)
(18%) 22,14%, IVA incluído
na parte que exceda € 1.000 e até € 3.000 (inclusive)
(16%) 19,68%, IVA incluído
na parte que exceda € 3.000 e até € 20.000 (inclusive)
(14%) 17,22%, IVA incluído
na parte que exceda € 20.000
(12%) 14,76%, IVA incluído
2. Shall collect the item on our facilities;
Payment and collecting period of purchased item Payment should be made and the item collected within a period of ten (10) days from the purchase in matter. Items may only be collected after the full amount of the sale has been paid.Regardless of the nationality of the buyer (his full identification will be required), payment can be made through:
LIVE AND ONLINE AUCTIONSBank: Banco BPI, S.A.Account name: Sociedade Comercial de Leilões “O Pregão”, Lda. IBAN: PT 50 0010 0000 5034 1370 0014 2SWIFT Code: BBPIPTPL
May I buy an auction unsold lot? Items withdrawn from an auction because they were not bid may be sold later by the estimate value plus the commission and tax due, pursuant to art. 9 of the business Conditions and conditions concerning the buyers. Such items are not negotiable under any circumstances.Should the online buyer fail to withdraw the paid item within a period of ten (10) days from the purchase in matter he will be liable for storage and removal expenses and/or insurance that may occur, according to the correspondent price list:
Mobiliário / Objectos grandes
Objectos pequenos
Até 30 dias
Após o 30º dia
Gratuito
30 € + 2 € por dia
30 € + 1 € por dia
After the said ten (10) day period without the payment due having been made, CABRAL MONCADA LEILÕES reserves the right to sell the item to a third party at its auction price or to put it up for sale in an online auction, without that the purchasing customer may object or claim any compensation.
MONEY LAUNDERING AND TERRORISM FINANCING PREVENTION AND COMBATLaw no. 58/2020, of August 31st, operated the second amendment to Law no. 83/2017, of August 18th, transposing into the Portuguese legal order the European Parliament Directive (EU) 2018/843 and of the Council, of May 30th 2018 (Directive), commonly referred to as the “Fifth AML Directive” and Regulation No. 314/2018 of May 25th, subject CABRAL MONCADA LEILÕES to comply with the general duties of PCML/TF. The duty of identification and diligence (article nr. 23 et seq. of the Law and article 5th of the Regulation) is required when are 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.
GENERAL DATA PROTECTION REGULATIONAccording to the GDPR and to its own Privacy Policy, available on the website www.cml.pt, CABRAL MONCADA LEILÕES will promise to process collected personal data in a lawful manner, respecting the principles of good-faith and in the strictest confidentiality and assures furthermore that collected personal data are adequate, relevant and not excessive concerning the purposes for which they were collected and processed.
CITES - INTERNATIONAL TRADE CONVENTION ON ENDANGERED SPECIES OF WILD FAUNA AND FLORA
Legal obligations that fall on Owners In accordance with current legislation, namely Decreto-Lei no. 121/2017, of 20 September – which ensures the implementation of the International Trade Convention on Endangered Species of Wild Fauna and Flora – CITES, adapting it to the changes to Regulations (EC) Nos. 338/97 and 865/2006 – the possession of items that incorporate materials from protected wild fauna and flora species and, consequently, their transportation requires their owner to have their respective certification through the ICNF – Institute for Nature and Forest Conservation.
As previously mentioned, each and every item incorporating materials from protected wild fauna and flora species, put up for sale by CABRAL MONCADA LEILÕES, was previously certified in accordance with the provisions of CITES. Pursuant to applicable legislation, the respective purchaser must request new registration in his/her name with the competent authority.
Import and export restrictions The import of items that incorporate materials from protected wild fauna and flora species, including, among others, ivory, coral and turtle is currently prohibited by several countries.In Portugal, in accordance with the planned transposition into national legislation of the most recent EU guidelines relating to the ivory trade, the issuance of re-export certificates to countries that are not part of the EU is suspended. In this context, potential buyers are advised to inform themselves in advance about their country's legislation and applicable international restrictions.
Certification procedureWhenever required and deemed viable – it is specified that, among other items, the following will not be accepted for auction: unscrafted ivory; crafted African ivory from the 2nd half of the 20th century or later; rhinoceros horn) - CABRAL MONCADA LEILÕES is available to provide the necessary services to prepare the process to be presented to the ICNF for the purposes of certifying one or more pieces:1. If the item is contracted for auction or has been subject to a previous expert opinion and evaluation by CABRAL MONCADA LEILÕES, the provision of this service costs € 30 + VAT per item - plus the cost of the CITES/ICNF certificate (currently € 34,40 – VAT - exempt value) which amounts to a total cost of € 71.30 per item.2. As the item is not contracted for auction, nor has it been the subject of a previous expert opinion and evaluation by CABRAL MONCADA LEILÕES, the provision of this service implies its prior expert opinion (cost: see fee table for the formal evaluation of items in this Customer Guide; minimum € 100 + VAT per item) + presentation of the certification request by CABRAL MONCADA LEILÕES (cost € 100 + VAT per item - plus the cost of the CITES / ICNF certificate (currently € 34.40 - VAT exempt); (minimum) cost for certification of pieces that will not be put up for auction: € 280,40.Note: Certification can be requested directly by an individual from the INCF; However, this requires that, in addition to the full identification of the applicant and photographs of the item, a declaration, duly signed, on letterhead or stamped, from the individual or collective entity, public or private, certifying the antiquity of the piece (Association of antique dealers, auctioneers, recognized experts, among others).
LEGAL FRAMEWORK REGARDING JEWELLERY AND MARKING – LAW 98/2015As prescribed in the Law nr. 98/2015, of August 18th, and Law nr. 44/2016, of August 17th, each and every one of the lots made of precious metals, put up on auction by CABRAL MONCADA LEILÕES, is in compliance with the referred to Law and its respective regulation, being also duly marked, according to the law.
INFORMATION PROVIDED UNDER LAW NO. 144/2015 (ALTERNATIVE CONSUMER DISPUTES RESOLUTION ENTITIES)In the event of a dispute, the consumer may resort to an Alternative Dispute Resolution Entity, under the Conditions of Law No. 144/2015 of 8 September:Lisbon Consumer Dispute Arbitration Centrehttp://www.centroarbitragemlisboa.pt/Vale do Ave Consumer Dispute Arbitration Centre/Court of Arbitrationhttp://www.triave.pt/CIAB – Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court)http://www.ciab.pt/pt/CNIACC – National Center for Information and Arbitration of Consumer Disputeshttps://www.cniacc.pt/pt/Coimbra District Consumer Dispute Arbitration Centrehttp://www.centrodearbitragemdecoimbra.comAlgarve Consumer Dispute Information, Mediation and Arbitration Center http://www.consumoalgarve.pt Porto Consumer Information and Arbitration Centre: http://www.cicap.pt;More information at Consumer Protection General Directorate(https://www.consumidor.gov.pt/).
This abstract has been provided as an information guide. It is not a substitute nor does it excuse from the consultation of the current Business Conditions published in every CABRAL MONCADA LEILÕES catalogues and available on the website www.cml.pt.In case of any discrepancy between the Portuguese version and the English version of the Business Conditions, the Portuguese version shall always prevail.