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Terms and Conditions

 

Welcome to subastasnumiscol.com, these terms and conditions apply to the services of the domain www.subastasnumiscol.com, and its registered users; subastasnumiscol.com is dedicated to the auction and direct sale of collection pieces and related to numismatics, created and managed by the Foundation of Colombian Numismatics NUMISCOL (thereafter "The Foundation"), which has as its main seat of operations the city of Bogotá, Colombia.
The auctions or direct sales offered in subastasnumiscol.com in no case will be considered a gambling or gambling related. There is no random component involved.

A los efectos de estos Términos y Condiciones de uso, los conceptos aquí citados en el presente artículo deberán atender a las siguientes definiciones:

2.1. USER.

It is defined as any natural or legal person, who interacts (without being registered) within subastas.numiscol.com.

 

2.2. REGISTERED USER.

It refers to any natural person of legal age or legal person (after accreditation and verification of legal representation) with the ability to negotiate, who has an identifier (nickname) and an access code (password) with which they have the possibility to participate in auctions and direct sales offered by subastas.numiscol.com.

 

2.3. AUCTION.

A procedure with a previously established time, which aims to sell one or more products in a lot, which is awarded to the registered user who has placed the highest offer at the end of the same.

 

2.4. LOT.

Refers to the presentation of products that will be objects of auction or direct sale by the Foundation on its platform subastasnumiscol.com. A lot can consist of one or more products.

 

2.5. OFFER.

It is the bid made by a registered user for a lot, in which that registered user who makes the higher offer within the period previously stipulated by a certain auction lot and fulfills this contract will be awarded the product(s) contained in that lot.

 

2.6. MAXIMUM SECRET OFFER.

It refers to the bid made by the registered user to the lot "at auction", which if it were to be the highest in its opportunity, this would not be revealed, but what until then was the maximum secret offer, adding the corresponding amount to the increment table. The secret maximum offer is not known by the Foundation, this quality provides transparency in its operations.

 

2.7. FINAL LOT PRICE.

This will be the highest value offered by a registered user for a lot "at auction", who at the end of the established time will be recognized as the winner of this lot. In the direct sale modality this price is established by the Foundation in the presentation of the lot.

 

Only natural persons who have reached the age of majority (18 years) and who, according to current Colombian laws, grant them full and autonomous capacity to contract, may only validly register and participate in subastasnumiscol.com operations. The Foundation is not responsible for the visit to the website auctionsnumiscol.com., of boys, girls and / or adolescents; their representatives or tutors will be exclusively and exclusively responsible, as the case may be.

Before being able to become a registered user of auctionsnumiscol.com, you must read and fully accept the Terms and Conditions of use. In accordance with the legislation in force in Colombia, its acceptance constitutes a binding agreement between the accepting user and The Foundation, the latter is the only authorized and exclusive responsible for the commercial management of the auctionsnumiscol.com platform.
The acceptance of submitting under the Terms and Conditions of use is valid and applicable to all the uses and services offered by auctionsnumiscol.com in the present and in the future. Registered users acknowledge the right of The Foundation at all times to modify and renew the Terms and Conditions, unilaterally and without prior notice, with the sole obligation for the Foundation to notify them of such modifications and / or renewals via email. The user at the time of registration may participate in the activities, enjoy the services and products that the Foundation provides through its web portal auctionsnumiscol.com, as long as they click on the mention "I ACCEPT", which will have as understood under all circumstances that the registered user has read and accepted each of the terms set forth in this contract.
Similarly, with the acceptance of these terms and conditions of use, acceptance of the site's Privacy Policies, which are contained in article number twelve (12) of these terms and conditions of use.

5.1. GENERAL PROVISIONS.

For the effective interaction of the Users and access to the services and products offered by The Foundation through its subastasnumiscol.com platform, they must complete the user data form, which will be corroborated by The Foundation; once the verification has been carried out, and it has been satisfactory, the Foundation will send a statement granting you authorization as a registered user. It should be noted that until the Foundation does not give the authorization, that user will not have access to any of the services and products offered by the website.

 

5.2. NAME OF USERS.

The username must not violate good customs, violate the rights of third parties, cause equivocation or confuse other users.

 

5.3. SINGLE REGISTRATION.

A registered user cannot register more than once in subastasnumiscol.com. Multiple accounts and identities are prohibited.

 

5.4. PASSWORD PROTECTION.

The registered user must keep the user password secretly. The registered user is solely responsible for their profile. If you become aware that there is any unauthorized use of your username or password, you must immediately notify us of the link email info@numiscol.com, we won’t be liable for any loss or consumption that is the result of unauthorized use by using your username and associated password.

 

5.5. OBLIGATION TO KEEP YOUR REGISTRATION DATA UP TO DATE.

The registered user has a duty to keep The Foundation informed in case some of the data for some reason change, by updating or editing their user record. If the Foundation is unable to locate the registered user, it will be considered in violation of these terms and conditions of use, since the Foundation will consider within the rights as administrator of subastasnumiscol.com the measures it considers relevant, even the cancellation of the contract.

 

5.6. CUENTA INTRANSFERIBLE.

La cuenta es personal, única e intransferible, está prohibido que un mismo usuario posea más de una cuenta. En caso que La Fundación detecte que existen registros con datos coincidentes que hagan presumir que estemos en presencia de este fenómeno, La Fundación podrá cancelar, suspender o inhabilitar dichas cuentas sin previo aviso.

 

5.7. NOTE.

The Foundation reserves the right to refuse any application for registration or to cancel a previously qualified registration, without being obliged to communicate or motivate such a decision, without generating any right to compensation or civil compensation for liability.

 

6.1. RIGHT TO CHANGE THE USERNAME OF A REGISTERED USER.

The Foundation has the right to change the username of any registered user who has chosen a username that is contrary to Article 5.1. If the Foundation considers that a user was chosen for malicious or nefarious purposes, it reserves the right to suspend the user's account.

 

6.2. RIGHT TO VERIFY THE IDENTITY OF REGISTERED USERS.

The Foundation has the right to verify the identity of any registered user at any time, using all reasonable means for this purpose. This right of data verification will lead the registered user to a temporary retention of activities in subastasnumiscol.com at the time the verification takes effect. The Foundation has the right to request that a registered user provide an identification analysis with a photo (such as identity card, driver's license, passport), proof of address and/or other documentation that is reasonably required for verification purposes.

 

6.3. GENERIC LAW.

The Foundation has the right to temporarily or definitively suspend a registered user. The Foundation reserves the right to suspend any registered user who violates any of the restrictions contained in these terms and conditions of use, or who does one or more of the following actions:
1. Create multiple identities at subastas.numiscol.com.
2. Make an offer at auction with more than one username.
3. Allow different people to offer with your account.
4. Use unfair means to win any lot at auction, or direct sale.
5. Unauthorized handling or use of subastas.numiscol.com.
6. Deliver false or misleading information.
; 7. Not having honored your contractual commitments to The Foundation.   8. If a payment was previously blocked or declined for any reason.

 

6.4. RIGHT TO INVESTIGATE AUCTIONS FOR COMPLICITY.

The Foundation has the right to investigate auctions with evidence of collaboration between two or more registered users.

 

6.5. RIGHT TO RESTART AUCTIONS IN THE EVENT OF COMPLICITY.

The Foundation has the right to restart the auction of a lot if it finds clear elements that it is in the presence of a case of complicity, perpetrated by two or more registered users.

 

6.6. RIGHT TO CHANGE THE AUCTION PERIODS OF A LOT.

The Foundation has the right to modify the execution time of an auction at any time, either to increase the auction time or to reduce it to a shorter period. The Foundation can change the execution time of auctions that have already been initiated, pause them and reschedule them. These actions may be notified, but if for technical reasons beyond the foundation’s will, this won’t carry responsibility on the part of The Foundation.

 

6.7. RIGHT TO WITHDRAW THE AUCTION OF A LOT.

The Foundation has the inalienable and inviolable right to withdraw any auction in its entirety at any time, in addition and / or separately at the end of 6.5., due to technical error caused by external attacks; In the event that the auction of a lot is removed under this term, restarting the auction in a managed and reasonable manner will be considered.

 

6.8. RIGHT TO REPUBLISH A LOT FOR NON-CLOSING TRADING.

In the case, in which a lot that has been the object of auction or direct sale and for some reason the registered user does not comply with the consideration of the payment of the object of the negotiation in the established period, the Foundation will be empowered to place through subastasnumiscol.com said lot available to registered users, either by auction or direct sales, without prejudice to administrative sanctions within subastasnumiscol.com and legal measures through the Colombian legal organs, which the Foundation can take in front of the registered user who has failed.

 

6.9. RIGHT TO IMPOSE PECUNIARY PENALTY FOR NON-PAYMENT.

The Foundation has the right to demand 20% based on the final price of the lot to the registered user, who fails to comply with the contractually contracted obligation for damages. The registered user, once they have won an auction or have purchased through the subastasnumiscol.com platform, in its direct sale modality, must honor the payment commitment within teen (10) business days, which will begin to be counted from the day after the auction ends or the lot is purchased, depending on the modality in use. The manifestation of purchase or the offer in auction by the registered user with their respective award as winner of the auction causes a contractual relationship between the Foundation and said registered user, which generates from that moment according to the respective laws; obligations to both parties, including the obligation to give the lot in the state in which it has been previously offered by the Foundation and, on the other hand, the payment of the price agreed within the negotiation by the registered user. The breach of this agreement by the debtor registered user, enables the Foundation to go to the courts for the fulfillment of this, without prejudice to the registered user being suspended temporarily or permanently in his character by the Foundation. The registered user winner in the auction or buyer of a lot, after that period of teen (10) business days, without complying with the payment, loses all rights to the lot in question with which the Foundation has the right to dispose of the lot without prejudice.

 

6.10. RIGHT TO INFORM THE REGISTERED USER.

The Foundation has the right to issue communications of an informative nature, related to the status of the operations in which the registered user is participating to the email provided by them at the time of registration, in order to provide the best possible service and guarantee the right to that user to be informed in a timely manner of the operations of their interest.

 

6.11. RIGHT TO UNILATERALLY TERMINATE THIS AGREEMENT.

The Foundation has the right to terminate this agreement at any time.

 

7.1. OBLIGATION TO MANAGE SUBASTASNUMISCOL.COM HONESTLY.

The Foundation, in order to provide transparency and trust in its operations, undertakes to make available to registered users a web portal in which its auction and direct sales mechanisms are fully automated, where the Foundation does not manage or have knowledge of the offers or bids made by users, in this way The Foundation is committed to maintaining transparency on the portal.

 

7.2. OBLIGATION TO ENSURE THE NON-INTERVENTION OF THE FOUNDATION IN THE OPERATIONS.

The Foundation will be obliged to guarantee that no member of its staff, employees, consultants, partners, with any direct or indirect relationship with The Foundation, will profitably be awarded a lot by auction or direct sale on subastas.numiscol.com.

 

7.3. OBLIGATION TO MONITOR THE WEBSITE AND TO INVESTIGATE COMPLICITY.

The Foundation should effectively monitor its website and investigate all potential complicity among registered users to protect other registered users.

 

7.4. OBLIGATION TO NOTIFY THE REGISTERED USER OF THE AUCTION RESTART.

If the Foundation finds that an auction was won through complicity or due to an external attack on the site, the Foundation will ensure that registered users that are interested will be notified of the failed auction.

 

7.5. OBLIGATION TO DELIVER AUCTIONS AND PRODUCTS WON AT SUBASTASNUMISCOL.COM.

When the auction process comes to an end, when the timer reaches zero, with the result of a winning registered user and he has paid the final price of the lot within the period of teen (10) business days established for it, the Foundation must make the delivery in the agreed conditions and time. If due to force majeure you cannot make the delivery, it may be rescheduled within the shortest possible time.

 

7.6. OBLIGATION TO INFORM REGISTERED USERS OF ANY CHANGES TO THESE TERMS.

The Foundation undertakes to inform all registered users, if these conditions are changed, deleted or modified (including whether the additional terms that are added or removed are already existing or not).

The registered user will have access to two modalities to be awarded a lot in auctionsnumiscol.com, one of them is the Online auction process, which consists of the Foundation placing a lot through its web portal subastasnumiscol.com “in auction” that will have a base price expressed in Colombian currency, a timer in regressive time, indicating the remaining time for the auction to end, the actual image of the piece or pieces that make up the lot and its description.
Within the auction process, the system will hide the maximum secret offer from the registered user who has made it, only making it public when it is exceeded by an offer from some other registered user; at the time that exceeded offer is revealed, an amount will be added to it automatically according to the increase table. At the same time, within the dynamics of the auction, the system can keep you informed through email communications of the status of the auction and of new offers made by other registered users.
Once the auction time of the lot in question has ended, the registered user who has had the winning bid, will be sent a statement via email indicating their status as winner of the lot auctioned and the payment conditions for the effective delivery of the piece or pieces contained in the won lot.

The other modality that the Foundation makes available to registered users on its subastasnumiscol.com portal to be awarded a lot, is direct sale, which constitutes a traditional Online sale, where the image or images of the piece or pieces that make up the lot, as well as its description, conditions, the price to be paid in Colombian currency and the quantity available in inventory (stock). Once the registered user clicks the "buy" button, the Foundation will contact one of the channels provided in the registered user registration process to agree on the form of payment and delivery under the terms of this contract.

10.1. GENERAL PROVISIONS.

The registered user, winner of the auction, obtains the right and the duty to buy the auctioned lot for the price at which the auction ended (same value offered by the user), plus a percentage on the same final value, equivalent to ten ( 10%) percent, plus shipping costs, provided there is room for it. Payments will be made in Colombian currency or US dollar $USD, for the average home value change to the closing date of the auction.

 

10.2. TIME FOR PAYMENT.

Payments must be made within teen (10) working days, counted from the next day on which the auction ended or made the purchase, if the registered user does not comply with this provision, article 6.9. of the right to impose a financial penalty for non-payment shall apply to him.

 

10.3. OF THE PAYMENT METHODS.

The forms of payments will be agreed in direct communication between the registered user and the Foundation, these may be at the offices of the Foundation; in cash, bank transfer or deposit. The delivery of the property will only be made after verification of payment and availability in the Foundation's account in the case of transfers that are not made at the moment.

 

10.4. PAYMENT OF SHIPMENTS.

The Foundation is responsible for delivering the awarded product or products at the headquarters of the Foundation offices, but if the successful bidder wishes, at his sole risk and responsibility to be sent to him through a company dedicated to this end, he must pay the shipping costs that correspond in their entirety under any circumstance.

11.1. PLACE OF DELIVERY.

As a general rule, the products purchased in any of the modalities that this contract has described in articles 8 and 9, will be delivered to the headquarters of the Foundation's office in Bogotá, without prejudice to the fact that they can be shipped through any mail or shipping company, which will be done under the responsibility and risk of the successful bidder. The Foundation is responsible for delivery exclusively at the headquarters of the office in Bogotá, located at Carrera 16 # 112 - 52, Casa 2, any other place or form of delivery will be the sole responsibility and risk of the successful bidder.

 

12.1. GENERAL PROVISIONS.

For the Foundation it is essential to respect the privacy of the information that is provided by users who, for their own good, decide to join and enjoy the services and products that the Foundation provides in the numismatic world, through subastasnumiscol.com portal; that is why any management that is carried out with the data provided by registered users, will be framed by Colombian laws. These terms and conditions of use are part of a single document, so it must be read and understood as such. These Privacy Policies come to complement the text of the comprehensive document presented here; It must be understood in the context and the terms already expressed in the different articles that make up this contract.

 

12.2. RESPONSIBILITY FOR THE VERACITY OF THE DATA.

The registered user will be solely responsible for the veracity of the data provided at the time of registration. The Foundation will in no case be responsible for such acts.

 

12.3. DATA USAGE.

The information provided by the registered user will only be used for the normal development of subastasnumiscol.com and to allow communication between The Foundation and the registered user.

 

12.4. TRANSFER OF PERSONAL DATA TO THIRD PARTIES.

The Foundation may provide specific information to parcel transport companies, in cases where, under instructions from the successful bidder, precise indication for it, in the event that the latter cannot withdraw the product or products awarded at the office headquarters of the foundation. Similarly, the Foundation undertakes, except as provided in the preceding paragraph, NOT to transfer, transfer, rent or sell the data of registered users to third parties. The Foundation will do everything in its power to protect the privacy of the information. It may happen that, by virtue of court orders, or legal regulations, the Foundation is forced to disclose information to the authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or transmissions of data, in which case the Foundation will not answer for the information that is revealed.

 

12.5. NEWSLETTERS (NEWSLETTER).

The Foundation may send via email provided by the registered user, promotional materials from auctionsnumiscol.com, such as new auctioned products, current promotions and events related to the numismatic world, as long as the user clicks "ACCEPT", in the option to receive newsletters.

 

The Foundation undertakes to provide users with a quality service, thus carrying out the corresponding maintenance and any updates that may be necessary for such purposes. However, The Foundation does not guarantee that the service to users is uninterrupted and free from all errors. Likewise, The Foundation is not responsible for viruses or other elements that on its portal may cause any type of failure or alteration of any kind in the equipment of the registered user; It is necessary to note that registered users browse at subastasnumiscol.com., under their sole responsibility and risk. In the event that acts of force majeure occur, such as strikes, riots, natural events that cause lack of control in the normal activities, acts, laws or restrictions of any government and among others that are beyond the capacity of Foundation response, it will not be responsible for delays or failures in the fulfillment of its contractual obligations; however, the Foundation will make all necessary efforts within its possibilities for faithful compliance to its registered users.

The materials, images and concepts that the Foundation manages on its portal auctionsnumiscol.com., Are protected by the rights granted by the laws and institutions regarding copyright. It is strictly forbidden to transmit, download, reproduce, or participate in the transfer, for commercial use, sale or exploitation, of any content obtained on the auctionsnumiscol.com portal, property of the Foundation, without the express consent.

This contract is governed in all its parts by Colombian law. Likewise, any controversy derived from this document, its existence, validity, interpretation, scope or compliance, will be submitted to the applicable laws and to the competent courts in the city of Bogotá, Colombia.