TERMS AND CONDITIONS OF USE FOR COLONIALES AUCTION TRUJILLO

Section 1: General Terms and Conditions

1.1 Acceptance of Terms

By accessing and using the Coloniales Auction Trujillo platform (hereinafter “the Auction House”), you agree to be bound by these Terms and Conditions (hereinafter “the Terms”). These terms constitute a legal agreement between you, as a user, buyer, bidder, or consignor, and Coloniales Auction Trujillo. If you do not agree with any of the terms presented here, you must refrain from using our platform or participating in any auction. Continued use of the platform will be interpreted as unconditional acceptance of these Terms, regardless of whether each section has been reviewed.

1.2 Description of Services

Coloniales Auction Trujillo offers a secure and trusted digital platform for the auction and direct sale of art, antiques, and collectibles from private collections. The auctioned works are attributed to prominent historical artists but are not authenticated by official bodies or certified experts. These attributions are based on the style and visual characteristics analysis conducted by the Auction House’s internal curators and contracted experts. The Auction House does not guarantee the authenticity of the works unless explicitly stated in each item’s listing.

1.3 Amendments to the Terms

Coloniales Auction Trujillo reserves the right to modify these Terms at any time without prior notice. However, any significant changes will be communicated to registered users via email or announcements on the platform. We recommend periodically reviewing these Terms to stay informed of updates. Continued use of the platform after the publication of changes implies acceptance of them.

Section 2: DMCA Policy (Digital Millennium Copyright Act)

2.1 Copyright Infringement Claims

In compliance with the Digital Millennium Copyright Act (DMCA), Coloniales Auction Trujillo respects the intellectual property rights of third parties and expects our users to do the same. If you believe any content posted on our platform infringes your copyright, you must send a formal notification to our Copyright Agent, providing the following information:

Identification of the copyrighted work that you claim has been infringed. If multiple works are included in a single notification, a representative list of such works must be provided.

Identification of the infringing material on our platform, clearly specifying its exact location (URL of the content, if applicable).

Contact information, including your full name, address, phone number, and email.

Good faith statement indicating that you believe the material’s use is not authorized by the copyright owner, their agent, or the law.

A sworn statement attesting to the accuracy of the provided information, under penalty of perjury, and that you are authorized to act on behalf of the exclusive rights owner that is allegedly infringed.

2.2 Counter-Notification Procedure

If you receive an infringement notice and believe that the material was removed or blocked in error, you may submit a counter-notification to our Copyright Agent. The counter-notification must include:

Identification of the material that has been removed or disabled, and the location where the material appeared before it was removed.

A sworn statement under penalty of perjury that you believe in good faith that the material was removed or disabled due to a mistake or misidentification.

Your contact information, including full name, address, phone number, and email.

Statement of acceptance of the jurisdiction of the courts of Peru and that you will receive notifications of the legal process from the claimant.

2.3 Review Process

Upon receiving a valid counter-notification, Coloniales Auction Trujillo will forward a copy to the original claimant, informing them that we will restore access to the material within 10 to 14 business days unless the claimant initiates a legal action against the user who posted the material.

Section 3: Terms of Use for Buyers

3.1 User Registration

To participate in auctions or make purchases on Coloniales Auction Trujillo, users must complete the registration process on the platform. This process includes providing truthful and up-to-date information, such as full name, address, email, and valid payment methods. You are responsible for maintaining the confidentiality of your account, and any activity performed through your account will be your responsibility. In case of suspicious activity, you must immediately notify our support team.

3.2 Bidding Rules

All bids placed on our platform are binding and constitute an irrevocable offer to purchase the auctioned item. Once you have made a bid, you cannot retract it. If your bid is the highest at the close of the auction, you will be legally responsible for completing the purchase and paying the final price, including applicable fees and the buyer’s premium, within the specified period.

3.3 Nature of Items

Items sold on our platform are described as “attributed to” artists, meaning that the style, technique, or visual characteristics suggest that the work may have been created by the mentioned artist, but there is no certified guarantee of its authenticity. All items are sold “AS IS” and without a guarantee of authenticity, unless explicitly stated otherwise in the item description.

3.4 Payment and Fees

The buyer is obligated to complete the payment of the item within the period indicated on the purchase invoice, which is generally up to 5 business days after the auction ends. Accepted payment methods include bank transfers, authorized credit or debit cards, and other means that may be available on the platform. Failure to pay within the stipulated period may result in the cancellation of the purchase and suspension of your account. All purchases are subject to a buyer’s premium, which will be specified before each auction.

3.5 Shipping and Liability

Coloniales Auction Trujillo offers international shipping services through third parties. All shipping costs, taxes, and customs duties are the buyer’s sole responsibility. Although we strive to ensure the proper handling of items, the Auction House is not responsible for damages, losses, or delays occurring during shipping. We recommend that buyers purchase additional insurance for the transport of valuable items.

Section 4: Privacy Policy

4.1 Collection of Personal Information

Coloniales Auction Trujillo collects personal information from its users to register accounts, process transactions, and offer a personalized user experience. The information collected may include, among others: full name, address, email, payment information, and billing details.

4.2 Data Use and Protection

We are committed to using our users’ data only for the stated purposes, and we do not share, sell, or rent personal information to third parties without the user’s explicit consent, except as necessary to comply with the law or requests from judicial authorities.

4.3 Security Measures

We implement industry-standard security measures to protect the integrity and confidentiality of our users’ personal data. However, although we take reasonable precautions, we cannot guarantee the absolute security of data in the digital environment. Using the platform implies that you accept the risks associated with transmitting information over the Internet.

Section 5: Liability and Disclaimers

5.1 Limitation of Liability

Coloniales Auction Trujillo shall not be liable for any loss, damage, or direct, indirect, incidental, special, or consequential harm arising from the use of our platform or from transactions between buyers and sellers. The Auction House is not responsible for errors in the descriptions of auctioned items.

5.2 Disclaimer on Authenticity

Items described as “attributed to” an artist do not have a certificate of authenticity, and buyers assume the risk when acquiring these items. The Auction House does not guarantee the accuracy of attributions, and returns will not be granted for authenticity-related reasons.

Section 6: Governing Law and Dispute Resolution

6.1 Jurisdiction and Applicable Law

These Terms shall be governed by and interpreted under the laws of Peru. Any dispute arising in connection with the use of our platform will be resolved exclusively in the courts of Trujillo, Peru.

6.2 Dispute Resolution

In the event of disputes between buyers, sellers, or users, the parties agree to attempt to resolve the conflict amicably through negotiation. If a solution cannot be reached, the parties may resort to mediation or arbitration before proceeding to the judicial route.

Section 7: Contact Information

7.1 Company Details

SUITE 349-107 8325 NE 2ND AVE, MIAMI, FL, 33138, US

7.2 Customer Support

For any inquiries regarding these Terms and Conditions or the use of our platform, please contact us at:
Email: info@colonialesauction.com / support@colonialesauction.com
Phone: +51981328103 – +51977709899

Section 8: Additional Terms

8.1 Language

These Terms and Conditions are available in multiple languages. In case of discrepancy between versions, the Spanish version shall prevail.

8.2 Intellectual Property

All content on the platform, including text, images, logos, graphics, and source code, is the exclusive property of Coloniales Auction Trujillo or its licensors and is protected by applicable intellectual property laws.

8.3 Waiver

Failure to exercise or delay in exercising any right by Coloniales Auction Trujillo shall not be considered a waiver of such right.

ADDRESS:

SUITE 349-107 8325 NE 2ND AVE, MIAMI, FL, 33138, US

PHONE:

+51981328103 – +51977709899

EMAIL:

info@colonialesauction.com

support@colonialesauction.com