GENERAL CONDITIONS FOR BUYERS

Valid from January 26th 2026

EMME ART offers intermediation services for the purchase and sale of high-value works and objects through two main methods: Digital Auctions and direct operations in the Online Store.

This document governs the relationship between EMME ART and the Buyers who use a Website, establishing the conditions under which the operations are carried out and guaranteeing a safe, transparent and reliable environment.

Terms appearing in capital letters in this document have the meaning attributed to them in Clause One.

Acceptance of these General Terms and Conditions is an essential condition for Buyers to purchase Items on a Website, ensuring that each transaction is carried out in accordance with the highest ethical and legal standards.

1. CLAUSES

1.1 DEFINITIONS

The definitions presented below may be used in singular or plural form, as appropriate, without affecting their interpretation.

Buyer: natural or legal person who acquires one or more Objects through a Website.

General Terms and Conditions for Buyers or GTCs: a set of terms and conditions that govern access to and use of a Website, in its Digital Auction and Online Store formats, by Buyers. These conditions define the rights and obligations of Buyers in relation to the purchase of Items from Sellers through a Website, as well as the legal framework applicable to this activity.

EMME ART: This refers to EMME ART DIGITAL, S.L., as the owner and operator of the support infrastructure that integrates and coordinates the group's various auction houses. EMME ART manages the interconnection between Sellers, who list their Items through the EMME ART platform, and Buyers, who access these Items through the different Websites operated by each auction house. In this context, EMME ART acts as a technical intermediary and operational manager, facilitating the proper functioning of the system and the processing of sales transactions, without being a contractual party to these transactions.

Seller: legal entity that offers for sale one or more Items to Buyers through Websites as part of an economic activity, business or trade, assuming a series of responsibilities and obligations.

Online Store: section of the Website in which Sellers make their Items available to Buyers for direct purchase at a certain price.

Objects: good, tangible piece or item with artistic, historical or cultural value that is offered by Sellers for sale or auction through a Website.

Website: the digital environment belonging to each of the auction houses within the business group to which EMME ART also belongs, through which Buyers access the Items available for purchase via Digital Auction or Online Store. Notwithstanding the ownership of each individual auction house, the technical and operational management is carried out by EMME ART, which acts as the provider of the shared technological infrastructure connecting the Websites to the platform used by the Sellers.

Payment Provider: the company holding a banking authorization to provide payment services in Europe, designated by EMME ART, which provides the services necessary for managing payments between Sellers and Buyers, including opening and maintaining the payment accounts associated with each of them. The Payment Provider is PayPal.

Digital Auction: this section of the Website allows Sellers to offer their Items to Buyers for purchase through an electronic bidding system, conducted exclusively digitally. Any form of in-person auction is expressly excluded. The Item will be awarded to the Buyer who submits the highest bid at the end of the auction period.

2. BUYER ACCOUNT REGISTRATION AND CONDITIONS

2.1 Buyer Account Creation

It is an essential requirement that the Buyer register on the Website in order to purchase or bid on any Item. Registration involves creating an account and completing the information specified in the following sections.

Registration is reserved for natural or legal persons acting on their own behalf and having sufficient legal capacity to contract in accordance with applicable regulations.

Creating an account requires the Buyer to provide EMME ART with the necessary information for registration, guaranteeing at all times that the data provided is truthful, complete, and up-to-date. EMME ART may reject or suspend the Buyer's registration if the information provided is inaccurate, insufficient, or does not meet the established criteria.

Until registration is confirmed by EMME ART, the account may be limited and the Buyer may not be able to make full use of the Website's functionalities or participate in auctions or purchases.

2.2 Website Access Credential Management

The Buyer account is personal and non-transferable. The Buyer must safeguard their login credentials with due diligence and will be solely responsible for all use of the account, even if such use is made by third parties using their credentials.

In the event of a security incident, the Buyer must immediately notify EMME ART, which may proceed to temporarily suspend the account until its security is restored.

EMME ART reserves the right to adopt any security measures it deems necessary to guarantee the integrity of the accounts, including the obligation to periodically modify access credentials.

In any case, the Buyer will be responsible for all damages, losses, obligations or losses arising from the misuse, loss, theft or unauthorized use of their access credentials, unless the foregoing occurs due to circumstances directly and exclusively attributable to EMME ART.

2.3 Buyer Information Update

The Buyer agrees to keep the data associated with their account updated at all times, including, but not limited to, address, contact information and payment details.

EMME ART may temporarily suspend or limit the account if it finds that the information provided is incorrect, incomplete, or outdated, until the Buyer corrects these deficiencies.

Failure to update information may result in the inability to use certain functionalities of the Website or to complete transactions until the situation is rectified.

2.4 Account Registration Completion

If the Buyer has confirmed a purchase or is the winning bidder in an auction, but their account is not registered or updated in accordance with the requirements of the Website or the designated Payment Provider, the corresponding payment may be blocked or the transaction suspended until the registration has been successfully completed.

If registration is not completed within 7 calendar days counted from the date the operation began, the Payment Provider may block the transaction in accordance with its procedures, and EMME ART may cancel the operation and take any measures it deems appropriate to safeguard the integrity of the system.

2.5 Payment Provider

The financial transactions carried out through the Website will be managed by the Payment Provider. In order to purchase on the Website, the Buyer must open a payment account with the Payment Provider and accept the conditions applicable to said service.

In compliance with European regulations on the prevention of money laundering and terrorist financing, as well as identity verification obligations, the Payment Provider may require the Buyer to provide the documentation and information necessary to confirm their identity and, where applicable, that of their legal representatives.

EMME ART and/or the Payment Provider may request additional information or documentation when deemed necessary for legal or security reasons. The Buyer's refusal or lack of cooperation in these processes may result in the suspension of their payment account and the inability to make payments, receive refunds, or access certain functionalities of the Website.

3. GENERAL CONDITIONS FOR PURCHASING ITEMS ON THE WEBSITE

3.1 Purchase Process

The purchase of Items through the Website can be done through the Digital Auction and Online Store modalities.

Each modality will be governed by the provisions of the specific sections of these General Conditions, in addition to the application of the provisions of this clause 3.

3.2 Buyer Protection

EMME ART provides Buyers with a safe and transparent environment for purchasing Items through the Website. All transactions are processed through certified payment systems, with the aim of minimizing any risk of fraud and ensuring the integrity of the process.

To uphold these standards, EMME ART requires Sellers to comply with strict requirements regarding the authenticity, condition, and provenance of the Items, as well as the use of business practices that comply with applicable regulations and the internal policies of the platform used by the Sellers. EMME ART will not be liable for the Sellers' actual compliance with these obligations, although it will take all necessary measures to ensure compliance and to impose any applicable sanctions or corrective measures in the event of non-compliance.

3.3 Restrictions on Objects

EMME ART reserves the exclusive right to remove from the Website any Item that, in its reasoned opinion, does not comply with these conditions, current regulations or internally defined standards of quality and transparency.

3.4 Descriptions and Condition of the Objects

Items are presented on the Website according to the information provided by the Sellers. Descriptions, images, or any other informational material are for guidance only and may not accurately reflect the actual condition of the Item due to factors such as display type, subjective interpretation, or color variations.

Unless otherwise stated, items are sold as is, which may include signs of age, restorations, alterations, wear, or visible and invisible defects. Descriptions and images are for informational purposes only and may not accurately reflect the item's actual condition, including possible differences in color or detail due to screen display.

In some cases, the Seller may provide technical reports or additional documentation to support the Buyer's evaluation of the Item.

3.5 Object Conforms to Its Description

When the Buyer has the status of a consumer, he or she will be entitled to the rights recognized in the regulations on the sale of consumer goods, which may include, depending on the nature of the Object and the specific case, (i) its replacement, when possible, (ii) a proportional reduction of the price or (iii) the termination of the sale and the claim for damages and/or costs arising.

3.6 Ability to Adjust the Description of the Object

EMME ART may suggest modifications to the description of an Item before or after its publication on the Website, in order to ensure clarity, accuracy and compliance with applicable guidelines.

The aforementioned modifications will be notified to the Seller by the means and procedures that EMME Art determines, so that the Seller is aware of them and can offer reasonable explanations to the Buyer.

3.7 Indicative Values

EMME ART may provide the Buyer with valuation estimates for certain Items, based on the information and materials provided by the Seller. These estimates are for informational and guidance purposes only and do not constitute an official appraisal, a guarantee of value, or a commitment regarding the final sale price or the market value of the Item.

3.8 Import Taxes, Expenses and Regulations

It is the Buyer's sole responsibility to verify prior compliance with all applicable legal regulations regarding the receipt, import, or possession of the Item in their country of destination. This includes the possible existence of administrative restrictions, prior authorizations, tariffs, taxes, fees, or other associated costs.

EMME ART is not responsible for delays, additional costs or any incident arising from the Buyer's failure to comply with these obligations.

3.9 Removal or Modification of Fraudulent or Inaccurate Advertisements

If EMME ART detects that an advertisement published by any Seller contains information that could be incorrect, incomplete, misleading or likely to cause confusion, whether due to errors in the description, relevant omissions, inaccuracies in the translation or any other reason, it will notify the Seller to proceed with its correction.

In cases where, after notification, the Seller fails to make the requested adjustments, or when there are reasonable grounds to suspect fraud, forgery, regulatory non-compliance, or infringement of third-party rights, EMME ART may unilaterally remove the listing. This action may be taken without prior notice and without entitling the Buyer to any compensation.

3.10 Prohibition of Fraudulent or Manipulative Practices

The Buyer shall refrain from participating in any practice intended to alter the normal development of a Digital Auction or a purchase and sale transaction, including, but not limited to, making fictitious bids, concerted or in collusion with the Seller or other Buyers, or any other conduct that may artificially influence the price or interest in an Item.

Such practices constitute a serious infringement and may result in the suspension or cancellation of the Buyer's account, as well as the adoption by EMME ART of the measures it deems necessary to preserve the integrity and transparency of the operations carried out through the Websites.

4. PURCHASE THROUGH DIGITAL AUCTION

4.1 Binding Nature of Bids

Bids placed through the Website are considered irrevocable offers to purchase and are therefore binding. This means they cannot be modified, withdrawn, or canceled once the offer has been confirmed. EMME ART assumes no responsibility for errors made when entering the bid, so the Buyer is advised to carefully verify the amount before confirming, especially in the final moments of the auction.

The auction will end on the date and time indicated on the Website, according to the indicated time zone.

When a Buyer's bid is the highest at the close of the auction, a purchase and sale agreement will be considered formalized between the Buyer and the Seller, and the Buyer will be obliged to pay the full price of the awarded Item under the established terms.

4.2 Deposits and Consequences of Default

Some items sold on the Website may have a reservation or deposit price. This deposit may be a percentage of the sale price or a fixed amount, to verify that the Buyer has the necessary financial resources to complete the purchase if they win the auction.

If the Buyer does not complete the purchase after winning the auction, they will lose the right to a refund of the deposit made, without prejudice to the Seller and/or EMME ART being able to claim additional damages arising from the breach, including the costs associated with the management of the auction, the new awarding of the Item and any other economic loss caused.

4.3 Auction Cancellation

EMME ART reserves the right to cancel or suspend an auction at any time in the event of a serious error in the description, indications of fraud, or force majeure. The Buyer will not be entitled to compensation in these cases, except for a refund of any deposits made, if applicable.

5. PURCHASE THROUGH THE ONLINE STORE

By confirming a purchase in the Online Store, the Buyer agrees that each confirmed order is binding. Consequently, it cannot be modified, canceled, or voided once formalized.

Upon confirmation of the order, the sales contract will be considered concluded and the corresponding payment will be made.

EMME ART does not assume responsibility for errors made during the purchase process, so it is recommended to carefully review all details before confirming the order.

6. TERMS OF PAYMENT

6.1 Payment Methods

All payments may be made through the methods enabled on the Website and managed by the Payment Provider, a service provider authorized by EMME ART. The Buyer accepts that payment processing is subject to the Payment Provider's terms and conditions, including the necessary checks to comply with applicable regulations regarding the prevention of money laundering and terrorist financing.

These terms and conditions may be modified by the Payment Provider at any time, and it is the Buyer's responsibility to review them periodically and ensure compliance. These terms and conditions are independent of EMME ART and may be modified at any time by the Payment Provider without EMME ART's involvement.

EMME ART will not be responsible for incidents arising from the Buyer's failure to comply with these conditions.

The Buyer must comply at all times with the conditions and follow the instructions established by the Payment Provider in order to make the corresponding payments. Acceptance of payment may depend on the Buyer providing all the information required by said provider.

If the Payment Provider blocks a payment according to its applicable terms and conditions, EMME ART reserves the right to cancel the transaction. EMME ART will not be liable for any damages resulting from such cancellation or for any errors or failures attributable to the Payment Service Provider in the provision of its services.

6.2 Exchange Rate

The exchange rate applicable to the transactions will be determined by the Payment Provider, based on the rate in effect on the date the Buyer makes the payment. As a result, the final amount received by the Buyer in their local currency may vary from the initially estimated value, being higher or lower depending on market conditions.

Furthermore, EMME ART or the Payment Provider may apply minor adjustments to the purchase price by rounding to the nearest monetary unit, either upwards or downwards, before making the corresponding payment. These adjustments do not alter the contractual value of the Item nor do they give rise to any right to claim for exchange rate differences.

6.3 Payment Term

Once the purchase and sale transaction is completed, the Buyer must make the full payment of the purchase price.

In the case of the sale of an Item in a Digital Auction, payment will be made within a maximum period of 2 calendar days from the confirmation of the transaction.

In the case of purchases made through the direct purchase option in the Online Store, payment must be made immediately after confirmation of the purchase.

Once payment has been confirmed by the Payment Provider, EMME ART will inform the Seller of the corresponding purchase order. However, the amount paid by the Buyer will be held by the Payment Provider for a maximum of 21 calendar days from confirmation, in order to allow for delivery of the Item and to give the Buyer a reasonable time to report any issues or exercise any rights they may have.

If no duly notified claims are received within this period, the Payment Provider will proceed to transfer the corresponding amount to the Seller, in accordance with the applicable conditions.

Failure to pay within the stated period may result in automatic cancellation of the purchase.

All payments will be processed through the Payment Service Provider designated by EMME ART and may be held in escrow or custody until delivery of the Item to the Buyer.

6.4 Commission by EMME ART

For each sale formalized, EMME ART will receive a one-time commission equivalent to fifteen percent (15%) of the purchase price.

In the Online Store mode, the price shown to the Buyer will be the total price to pay, which already includes said commission, which will be detailed in the transaction information.

In the Digital Auction mode, the price shown will correspond to the winning bid, to which the commission of fifteen percent (15%) plus the applicable VAT on said commission will be added, before confirmation of payment.

This commission will be automatically charged along with the price of the Item at the time of payment and will be received by EMME ART through the Payment Provider, prior to the transfer of the corresponding amount to the Seller.

The commission does not include VAT, if applicable, which will be added to the total amount shown to the Buyer before payment confirmation.

The sales commission will be fixed and non-refundable under any circumstances, regardless of the sales method used, except in the following exceptional cases:

(a) When the Buyer is a consumer and validly exercises their right of withdrawal in accordance with applicable regulations, in which case the commission will be refunded together with the purchase price.

(b) When delivery is impossible or there is a substantial discrepancy between the item received and the one described on the Website, including cases of loss, damage during transport, counterfeiting, obvious error, or any other circumstance that deprives the Buyer of legitimate possession or essential conformity of the item purchased. In such cases, once the incident has been verified and the cancellation of the transaction confirmed, a full refund will be issued, including the commission received.

Except in cases expressly provided for, the commission will remain non-refundable, given that the intermediation and management services of the sale are considered fully provided at the time of its formalization.

7. SHIPPING AND COLLECTION OF THE ITEM

7.1 Coordination with Vendor

Upon confirmation of payment, the Item will be delivered to the address provided by the Buyer during registration, unless the Buyer agrees with the Seller, through the available channels, to a different delivery or collection address. The Buyer must provide complete and accurate delivery details, as well as any additional information necessary for the proper execution of the shipment or collection.

EMME ART will not be responsible for incidents arising from errors, omissions or lack of updating in the data provided by the Buyer.

7.2 Collection

The Buyer must comply with the conditions established by the Seller and be present at the agreed place, date, and time. Failure to comply with these General Terms and Conditions may affect the delivery of the Item, without giving rise to any liability for EMME ART.

7.3 Delay in Delivery or Collection

In the event that the Item is not delivered within the agreed period or collection does not take place on the agreed date, the Buyer must immediately notify the Seller to assess alternative delivery mechanisms orto be placedA new date will be set, in coordination with the transport delivery. EMME ART may intervene to mediate between the parties, without assuming direct responsibility for delays caused by the Seller or for causes attributable to the Buyer.

7.4 Shipping Incident Management

In the event of loss, damage, or any other incident during transport, the Buyer must notify the Seller as soon as possible, providing the necessary documentation, including but not limited to photographs, receipts, and videos. EMME Art may assist in managing the claim with the Seller.

8. PROCEDURE FOR RECEIVING THE OBJECT

8.1 Object Examination

The Buyer will have a period of 2 calendar days from receipt of the Item to examine it and verify that it corresponds to the description and conditions indicated on the Website. This right of inspection does not constitute a general right of withdrawal, but rather a right limited to verifying the Item's conformity with what was offered.

If the Buyer detects any discrepancy or problem, they may notify the Seller within this period so that both parties can take the appropriate measures for its proper resolution, in accordance with these General Terms and Conditions and applicable regulations.

The Buyer agrees to handle the Item with due diligence during the inspection period, avoiding any damage that may affect its original condition. Any deterioration caused by improper use may limit the Buyer's rights in the event of a claim.

EMME ART may intervene as a mediator to facilitate the resolution of the conflict and, where appropriate, adopt the measures it deems necessary to safeguard the rights of the parties and the integrity of the Website.

8.2 Warranty

The Seller shall be responsible to the Buyer for ensuring that the delivered Item corresponds to the description, images and characteristics offered, as well as, where applicable, its authenticity and state of conservation.

(a) Consumer buyers.

When the Buyer is a consumer, the Seller shall be obliged to offer the legal guarantee of conformity provided for in the regulations for the defense of consumers and users, whose minimum period in the European Union is two (2) years from the delivery of the Object, unless the national legislation of the place of the sale establishes a different period for second-hand goods.

During the warranty period, the Buyer may demand, depending on the nature of the Goods and the circumstances of the case, their repair or replacement, where materially possible, or a proportional reduction in price or termination of the contract. The Seller shall bear the costs necessary to restore the Goods to conformity, unless the defect is attributable to the Buyer or results from improper use or handling.

(b) Non-consumer buyers.

When the Buyer is acting within the scope of their business or professional activity, the regulations on legal guarantees of conformity applicable to consumers will not apply. In such cases, the Seller's liability will be governed by applicable civil or commercial law and, where appropriate, by any specific terms or guarantees offered by the Seller in relation to the Goods.

(c) Works of art, antiques, collectibles or luxury goods.

In the case of works of art, antiques, collectibles or luxury goods, the Seller shall be responsible, in accordance with the legal or contractual guarantee applicable in each jurisdiction, for the authenticity of the Object and the veracity of the information provided in its description, as well as the absence of defects or flaws that substantially affect its value, integrity or condition.

The Buyer may exercise the corresponding rights or actions in accordance with the applicable legislation regarding sales, authenticity, origin or hidden defects, in case of falsification, lack of substantial correspondence with the description offered or existence of serious undeclared defects.

Given the unique nature of these goods, remedies of repair or replacement will be excluded, unless otherwise required by law, and the Buyer's rights will be limited to price reduction or termination of the sale, as appropriate.

In any case, it will be the Seller's obligation and responsibility to unequivocally establish the applicable warranty period for the Items that he/she sells through the Website.

In any case, EMME ART may act as an intermediary in the management of claims related to the warranty, without assuming direct responsibility for breaches attributable to the seller.

8.3 Reviews

Once the Item has been received and inspected, the Buyer may submit a review of the Seller. Reviews must be truthful, objective, and respectful, and may not contain offensive, discriminatory, illegal, or otherwise unlawful content, nor any content that violates applicable regulations or EMME ART's policies.

Under no circumstances may reviews include statements that unfairly damage EMME ART's reputation.

9. DEFECTS IN THE ITEM AND/OR RETURNS

9.1 Right of Withdrawal and Return Due to Non-Conformity

In accordance with the provisions of the regulations on consumer rights, the Buyer acting as a consumer will have a period of fourteen (14) calendar days to withdraw from the contract concluded remotely without needing to justify his decision and without incurring any costs, except for the direct costs of returning the Item, provided that he has been previously informed of this.

Notwithstanding the foregoing, the Buyer acknowledges that certain categories of items that Sellers may offer on the Website are excluded from the right of withdrawal, in accordance with applicable consumer law in the European Union and the United Kingdom, including, but not limited to: (i) items whose price depends on fluctuations in the financial market beyond the Seller's control, such as diamonds, gold, or silver; (ii) items manufactured to the Buyer's personalized specifications, such as a painting created specifically for the Buyer; (iii) items that deteriorate rapidly; (iv) sealed items that have been unsealed after delivery, including, but not limited to, audio recordings (vinyl records, CDs), video recordings (DVDs, Blu-rays), trading cards, or comics; and (v) tickets, events, or experiences whose date is fixed or coincides with the withdrawal period.

The withdrawal period will begin from the date on which the Buyer, or a third party indicated by him other than the carrier, acquires physical possession of the Item.

To exercise this right, the Buyer must notify their decision by means of an unequivocal statement, which can be communicated directly to the Seller, using the form provided by EMME ART or any other legally admissible means.

Likewise, the Buyer may request the return of the Item in case of non-compliance with the description, photographs or conditions indicated in the advertisement, in accordance with the regulations for the defense of consumers and users, if applicable, as well as the provisions of these General Conditions.

In cases of withdrawal, the Buyer shall bear the direct costs of returning the Item, unless the Seller has expressly agreed to assume them or has clearly and comprehensibly informed the Buyer that they were responsible for such costs, unless otherwise provided by applicable law. In such cases, the Seller shall arrange for the collection of the Item and charge the Buyer for these costs.

In cases of return due to non-conformity, damage, defect or error in the delivered Item, the Seller will be responsible for organizing and assuming the costs of collecting the Item, unless the current and applicable legislation in each case provides otherwise.

In both cases, the collection will be made at the address or location indicated by the Buyer, which must coincide with the original delivery address, unless the Seller and the Buyer agree on a different location, using in all cases a secure transport service with tracking information.

Once the Item has been received and its condition verified, the Seller will authorize the refund to the Buyer, which will be processed by the Payment Provider according to its procedures, using the same payment method used by the Buyer. The refund must be issued within a maximum of fourteen (14) calendar days from the receipt of the Item, using the same payment method used by the Buyer.

9.2 Right to a Solution

In the event of confirmation of a lack of conformity, the Buyer shall be entitled to a suitable remedy, which, depending on the nature of the Goods and the specific circumstances, may consist of: (i) repair or replacement, where possible; (ii) a proportional price reduction; or (iii) termination of the purchase and refund of the price paid. All of the foregoing is without prejudice to any claim for damages and/or costs that may arise. The choice of remedy will depend on the nature of the defect, the availability of the Goods, and applicable legal provisions.

9.3 Return Shipping

In the event of exercising the right of withdrawal or return due to lack of conformity, the Buyer must make the Item available to the Seller in the same condition in which it was received, including all its accessories, documentation and original packaging, unless it has been destroyed for reasonable reasons of opening.

The Buyer shall cooperate by facilitating access to the Item for collection on the agreed date and at the agreed location. Until collection takes place, the Buyer shall be responsible for keeping the Item in suitable condition.

In case of loss, damage or delay during the return, the Seller must manage the claim directly with the transport company and keep the Buyer informed.

When physical collection of the Item has been agreed upon instead of shipment, the Buyer must appear on the date, time and place indicated, proving their identity and complying with the instructions provided by the Seller.

10. BUYER'S OBLIGATIONS

10.1 Regarding the Payment

Timely payment
The Buyer agrees to make payment for the purchased Item within the maximum period established in these General Terms and Conditions. Failure to meet this deadline may result in the cancellation of the transaction and the imposition of penalties in accordance with EMME ART's policies.

Full payment
The Buyer shall pay the full amount for the Item, including all applicable taxes and associated costs. Payment will be made through the Payment Provider, the payment service provider designated by EMME ART, in accordance with the established terms and conditions.

Irrevocability of confirmed payment
Once payment has been confirmed and the transaction processed, the Buyer will not be able to request a refund through their financial institution (chargeback), except in the cases provided for by law or when there is a favorable ruling in a claim procedure, without prejudice to any claim or payment of damages to the Seller. Failure to comply with this obligation will entitle EMME ART to take corrective measures, including account suspension and claims for damages.

10.2 Protected Cultural Assets

When the acquired Object is classified, protected or subject to any special control regime in accordance with the applicable cultural, historical or artistic heritage regulations in the country where it is located, the Buyer acknowledges that the transfer may be conditional upon compliance with the procedures and requirements provided for in said regulations, including, among others, those relating to prior notifications, authorizations, licenses, permits or certificates, as well as any rights of preferential acquisition, pre-emption or redemption by the competent authorities.

The Buyer accepts that the sale may be suspended or terminated in the event of administrative intervention, denial of authorization or exercise of a preferential acquisition right or similar by the Administration, without this generating any right to compensation against EMME ART.

Likewise, the Buyer will be responsible for obtaining, managing and, where applicable, providing any documentation, authorization or license required by the regulations applicable in their country of residence or destination of the Item, including the customs or cultural permits necessary for its importation or possession.

EMME ART will not intervene in any procedures that may be necessary on the part of the Buyer and/or the Seller and will be exempt from any liability arising from the failure to obtain, denial or delay in the granting of the authorizations or licenses required by the competent authorities.

10.3 Acquisition of Intellectual Property Rights over Purchased Items

The acquisition of the Item through the Website does not entail, unless expressly agreed in writing between Seller and Buyer, the transfer of the exploitation rights (property rights) recognized by the applicable regulations.

For these purposes, the Buyer acknowledges and accepts that EMME ART assumes no responsibility whatsoever regarding the correct transfer of the intellectual property rights associated with the Item, this being an exclusive obligation of the Seller, who must guarantee that he has all the necessary rights and that the transfer is made in accordance with the applicable regulations.

Works generated in whole or in part by artificial intelligence (AI) systems will not be sold through the Website unless there is substantial human creative intervention and the Seller holds all necessary rights to the materials used, in which case the responsibility for their commercialization rests entirely with the Seller. Works generated in whole or in part by AI must have sufficient labels and information for Buyers to understand this. Furthermore, EMME ART disclaims all liability for any claim, penalty, or damage arising from compliance with this requirement.

11. BUYER'S BREACH OF OBLIGATIONS

11.1 Actions Arising from Breach of Obligations

These measures do not exclude other courses of action that EMME ART may employ against the Buyer for breaches that have occurred, whether of a contractual, legal or administrative nature.

In the event of a breach of the obligations set forth in these General Terms and Conditions, EMME ART may temporarily suspend or permanently deactivate the Buyer's account, as well as restrict their access to the Website. Whenever possible, the Buyer will be notified of the action taken and the reasons justifying it, unless there are circumstances that require immediate action (for example, serious or repeated breaches, or legal requirements).

These measures do not exclude other legal or contractual actions that EMME ART may take against the Buyer for the breaches that have occurred.

11.2 Compensation for Damages Caused by the Buyer

Failure by the Buyer to comply with its obligations may result in financial and contractual damages. In such a case, EMME ART reserves the right to claim full compensation for the damages caused, including the principal amount owed, applicable penalties, legal interest accrued from the date of the breach, and all expenses arising from debt collection, both out of court and in court, including professional fees.

These actions may be exercised cumulatively and without prejudice to any other right or remedy that EMME Art may have under applicable regulations.

11.3 Fraud Report

If evidence of fraud is identified, EMME ART may report the facts to the relevant authorities, both nationally and internationally, depending on the severity and scope of the situation.

11.4 Buyer's Breach of Obligations to the Sellers

If the Buyer is affected by a breach of contract by the Seller, the Buyer may take any legal action available to them under applicable law and these General Terms and Conditions to obtain performance of the agreed obligations or compensation for damages suffered. Such actions may be pursued through legal proceedings or out-of-court settlements, such as specialized debt collection services.

Furthermore, the Seller may claim interest accrued from the date of the breach, along with all costs incurred in the proceedings, whether in court or elsewhere.

12. COMMITMENT TO QUALITY AND GOOD PRACTICES

EMME ART promotes trust, clarity, and smooth operation of transactions conducted through its Website, in accordance with general professional standards and best practices in the sector. To this end, EMME ART may offer the Buyer various support and assistance resources to guide and assist users in the event of any issues, thereby contributing to a satisfactory user experience on the Website.

13. WEBSITE USE

The Buyer acknowledges that, in addition to the provisions of these General Terms and Conditions, the specific terms of use of the Website on which they registered and purchased the Item will also apply. These terms will govern, in particular, the technical and operational aspects related to accessing, browsing, and using the corresponding digital environment.

14. ADDITIONAL SERVICES

In addition to the intermediation services provided for in this document, EMME ART may offer the Buyer additional services subject to its own particular and specific conditions, which will be communicated to and must be accepted by the Buyer before their use.

These additional services include the Direct Private Sale, understood as the section of the Website intended for the marketing of Items in which Sellers make their Items available to certain Buyers without publishing a price, formalizing the sale through direct negotiation.

15. CONFLICT RESOLUTION. JURISDICTION AND APPLICABLE LAW.

We will act in good faith and will try to resolve amicably any discrepancy that may arise in relation to the interpretation, execution or compliance of these General Conditions.

Before initiating any legal proceedings, you must first attempt to communicate through the channels enabled for handling complaints or contact information, providing the necessary supporting documentation to facilitate the resolution of the conflict.

These General Terms and Conditions shall be governed by and construed in accordance with the Spanish law.

For the resolution of any dispute that cannot be settled amicably or out of court, the parties expressly submit to the jurisdiction of the Courts of the city of Madrid, waiving any other jurisdiction that may apply. However, when the Buyer qualifies as a consumer under applicable law, this clause will not affect their statutory rights, and they may bring legal action in the courts of their domicile.

16. PERSONAL DATA PROTECTION

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, the processing of the Buyer's personal data within the Website environment will be carried out in accordance with the provisions of the Website's Privacy Policy and Cookie Policy.

17. MISCELLANEOUS

EMME ART acts solely as a technological intermediary between Buyers and Sellers, facilitating contact and the formalization of transactions. Under no circumstances does EMME ART consider itself a contractual party in the sale of the Item, nor does it acquire any rights or obligations arising from said relationship, which is established directly between Buyer and Seller. Responsibility for the fulfillment of contractual obligations rests entirely with the parties involved in the transaction.

If any of the provisions of these General Terms and Conditions are declared invalid, void or unenforceable by judicial or administrative decision, such declaration will not affect the validity and effectiveness of the remaining provisions, which will remain fully in force and applicable.

The Buyer's acceptance of these General Terms and Conditions is understood to be made at the moment when they complete the registration of their account on the Website, by ticking the box enabled for this purpose or by the continued use of the services offered.

The Buyer acknowledges that it has had prior, full, and clear access to the content of the General Terms and Conditions, and that it has had the opportunity tor eview them before giving their consent. They also declare that they understand the scope of the obligations and rights they assume by accepting, and that they have sufficient legal capacity to do so.

EMME ART may retain technological evidence of the Buyer's acceptance, such as the date, time and IP address associated with the account registration, which will be considered valid proof in case of dispute.

Finally, the Buyer agrees to periodically review the General Terms and Conditions, given that continued use of the Website will imply acceptance of any modifications that may be published from time to time. For any questions or clarifications, the Buyer may contact us through the official customer service channels indicated on the website.