Esrac Art Policy | Selling and Auction Policy

Selling and Auction Policy

Objective: This Policy offers detailed information on how to acquire artworks from @ESRAC at @ESRAC.ART.

1. General Information

By participating in auctions or direct purchases on @ESRAC.ART, you agree to these rules, in addition to our general Terms and Conditions of Use. Our goal is to provide a fair, transparent, and audited environment for acquiring unique artworks.

  • Primary Objective: To sell original artworks by the artist @ESRAC (César Ramos) through online auctions or direct sales (Primary Market).
  • Secondary Objective: To facilitate the resale of artworks by @ESRAC previously acquired by collectors (Secondary Market).

Provenance & Resale Rights (Droit de Suite): To ensure the authenticity and market value of artworks by César Ramos (@ESRAC), the platform maintains a proprietary Provenance Database.

  • Primary Sales (Primary market): Upon a successful primary sale, @ESRAC will issue a Certificate of Authenticity (CoA) to the new owner of the artwork. The artwork will be listed in our catalog of artworks with the status “Sold”. The Owner’s Certificate Reference code will be visible in the listing of the artwork to guarantee the authenticity of ownership.
  • Artwork Status: All artworks by @ESRAC will be listed in the artist catalog with a status: in progress, not for sale, available for sale, donated by the artist, sold, open to offers, private collection and lost.
    • In progress: Artwork currently being created by @ESRAC. It is not yet available for acquisition, but users may follow its development through the social network features.
    • Not for sale: Completed artwork that is part of the artist’s permanent archive or reserved for exhibitions. It is not available for purchase at this time.
    • Available for sale: Completed artwork available for Primary Sale directly from the artist’s studio. Pricing is set by @ESRAC.
    • Donated by artist: Completed artwork has been donated by the artist.
    • Sold: Artwork is in the secondary market. Last transaction Price and Owner’s Certificate Reference code are listed.
    • Open to Offers: Artwork that is in the Secondary Market. By default, last transaction Price and Owner’s Certificate Reference code are listed. The actual owner that is interested in receiving offers may request us to change the status of the artwork from “Sold” to “Open to offers”. Offers do not guarantee the sale. Sellers are solely responsible for any tax obligations arising from capital gains in secondary transactions.
    • Private Collection: Artwork is in the secondary market. The current owner does not wish to sell the artwork. By default, last transaction Price and Owner’s Certificate Reference code are listed. The owner may request us to change the status from “Sold” to “Private Collection”. Note that some artworks in the secondary market may have been donated by the artist and therefore do not have transaction price yet.
    • Lost: Artwork is in the secondary market. The actual owner has lost his artwork. Any resale of that artwork is illegal.
  • Provenance: The listing of the actual Owner’s Certificate Reference code in our catalog guarantees the authenticity of the Certificate of Authenticity.
  • Secondary Sales (Secondary market): Users agree that any resale of @ESRAC artworks facilitated through the platform’s networking features (Chat, DM, Forum) or not, is subject to a 5% resale right (droit de suite) as per Brazilian Law (Art. 38, Law 9.610/98).
  • Certification: Upon a successful secondary sale by the current owner with a new buyer and payment of the applicable fees, @ESRAC will void the previous Certificate of Authenticity and issue a new, updated Certificate to the new owner. Only artworks recorded in our database with an active certificate are recognized as ‘Platform Validated’.
  • Pricing listing:
    • In the primary market, pricing is defined by the artist when the artwork is available for sale.
    • In the secondary market, only historical transaction prices are listed in the catalog. Pricing required by the actual owner of the artwork will not be listed. The description of the artwork include details of all successive transactions, certificates codes and transaction prices.

2. Eligibility to Participate

  • Registration: Only registered users with active and verified accounts may place bids or initiate purchases.
  • Legal Standing: By placing a bid or offer, you confirm you are of legal age and possess sufficient funds to honor the transaction.
  • Data Accuracy: Users must keep contact and shipping information updated to ensure effective delivery and legal documentation (Invoices/Certificates).

3. Bidding and Currency

  • Bidding Rules: Each auction has a specified minimum starting bid and fixed increments. Bids that do not comply will not be accepted.
  • Currency: All prices and bids are listed in USD (US dollars). For international payments via PayPal or Wire Transfer, the foreign exchange rate of the invoice date will apply.
  • Binding Commitment: All bids are binding. Once placed, a bid cannot be withdrawn.
  • Sniper Protection: Any bid placed within the last 3 minutes of an auction will automatically extend the auction duration by an additional 3 minutes to ensure fair competition.

4. Reserve Price and “Buy It Now”

  • Reserve Price: It is a confidential minimum value. If the highest bid does not meet this value, the artwork will not be sold. The platform will indicate if the reserve has been met.
  • Buy It Now: Allows immediate purchase, bypassing the auction. The auction ends immediately after payment.

5. Auction Close and Purchase Confirmation

  • Winner Notification: The winning bidder will be notified via email immediately.
  • Transaction Flow: 1. Contract: A formal purchase contract is sent to the winner. 2. Invoice: Upon contract signature, payment instructions and an invoice are issued by @ESRAC (CÉSAR RAMOS LTDA). 3. Payment: Total payment (Bid price + Shipping cost) must be completed within 7 business days. 4. Shipment:  We will arrange to ship your art world-wide after your payment is confirmed. We Ship from Paris, Madrid or São Paulo. Delivery times may vary (15-22 business days).
  • Applicable Policies: Return Policy, Payment Policy, Shipping Policy, Resale Royalty Right (Droit de Suite) Policy, Code of Ethics and Conduct.
  • Market Quote Update: Once sold, the final transaction price is recorded in the @ESRAC.ART Provenance Database as the new official “Market Quote” for the artwork.

6. Secondary Market and Resale Rights (Droit de Suite)

  • Facilitation: The platform may connect actual owners of @ESRAC artworks with potential buyers through its social features.
  • Resale Right: All secondary sales are subject to a 5% resale royalty right (“droit de suite”) that will be calculated on the reselling price. The payment of this royalty right is a financial obligation of the reseller in the benefit of the author of an original work of art during the resale process (secondary market) as per Brazilian Law (Art. 38, Law 9.610/98) and European DIRECTIVE 2001/84/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 September 2001. The correct application of this procedure is a guarantee for future buyers of ownership and authenticity of the artwork and for actual owners a facilitation of the resale process of the artwork in the secondary market, through the artist website, art community and complete artwork catalog.
  • New Certification: A new Certificate of Authenticity (CoA) will only be issued to the new owner by the artist after the resale transaction is validated by the artist and the 5% resale right is confirmed. The Certificate will confirm that a 5% resale royalty right (“droit de suite”) is applicable to all resales of the artwork.

7. Non-Payment and Penalties

If full payment is not received within the 7-day deadline, @ESRAC.ART reserves the right to:

  • Cancel the sale and offer the artwork to the second-highest bidder.
  • Relist the artwork and suspend/terminate/ban the defaulting bidder’s account.

8. Shipping, Insurance, and Returns

  • Shipping: All artworks are dispatched directly by @ESRAC.ART from Paris, Madrid or São Paulo, to ensure safety. Shipping costs and mandatory insurance are calculated post-auction or direct sale.
  • Returns: Conditions follow our specific Return Policy. Please review it before bidding.

9. Integrity and Technical Failures

@ESRAC.ART is dedicated to fairness. We reserve the right to cancel bids or auctions in cases of suspected fraud, bid manipulation, or technical failures (server downtime/connectivity issues). The artist is not liable for bids not recorded due to user-side internet instability.

10. Contact and Communication

All official communications will be sent from dm@esrac.art. Phone/WhatsApp: +55 11 3876-3600.

11. Applicable Law

This policy is governed by the laws of Brazil. Any disputes shall be resolved exclusively in the courts of the District of São Paulo, SP, Brazil.

@ESRAC.ART | Selling and Auction Policy | Version 1.8 | 28/08/2026