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1.
SALE
–
Libreria Antiquaria Gonnelli S.r.l., with headquarters
in Florence , in Piazza Massimo D’Azeglio n. 13, p. IVA e C.F.
00520660481 (“Casa d’Aste”), trademark holder «Gonnelli Casa
d’Aste», acts as exclusive agent for the sale of many goods (“Lots”),
by private negotiation, on behalf of each Lot owner (“Seller”). The
sale of the Lots must be considered intervened directly between the
Seller and he, among the subjects, who has submitted offers for the
purchase of one or more Lots (“Bidders ”), and has submitted the
best offer for the purchase of each of the Lots and is declared the
successful bidder (“Purchaser ”); it follows that the Auction House
does not assume any responsibility towards the Bidders and / or
the Buyer.
2.
VARIATIONS AND RESERVE PRICE
– The Auction House
reserves the right to withdraw one or more Lots from the auction,
at its absolute and unquestionable discretion and without any
prior notice; in this case the Lots will however be considered not
awarded by the Bidders. During the auction the auctioneer of the
Auction House (“Auctioneer”), at his absolute and unquestionable
discretion, can decide the price based on auction of the Lots,
change the order of sale of the Lots, match and / or separate Lots,
and formulate raises. The Auction House may not proceed with the
awarding and / or withdrawing from the auction the Lots for which
the best offer among those of the Bidders has not reached the
minimum reserve price agreed with the Seller (“Reserve Price”);
in this case the Lots will however be considered not awarded by the
Bidders.
3.
OFFERS AND PRICE
– Each of the Bidders, with the formulation
of their purchase offer of the Lots, in the case of acceptance and
adjudication, undertakes to purchase the Lots and to pay the sum to
the Auction House for each of the Lots awarded (“Total Price”) In
total equal to the sum of the amount offered for the purchase of the
Lots awarded, in addition to the rights referred to in § 5 below, in
addition to any expenses referred to in § 6, lett. (b), in addition to the
additional expenses specified therein and any legal charges. Written
offers (even via internet) will only be valid if they are complete in
their entirety and received by the Auction House at least 24 hours
before the auction starts. The telephone participations will be valid
only if confirmed in writing at least 24 hours before the start of the
auction . Except in the case of disputes, in any case the sale of the
Lots will be considered concluded only after the full payment of the
Total Price in favor of the Auction House.
4.
AJUDICATION
– Lots will be awarded and sold to the best
bidder at the most convenient price permitted by other offers on
the same Lots and registered reserves; in the case of offers of the
same amount, the one received first will prevail (except as provided
in § 8). The Bidders declare to have examined and taken full view
of the Lots and to unconditionally accept the possible award, even
regardless of the description of the Lots in the auction catalogue.
For the purposes of the awarding of the Lots, the minimum bids of
the offers will be communicated by the Auctioneer. The Auctioneer
awards the Lots and declares the Purchaser of each of the Lots
at the conclusion of the relevant auction and on the basis of the
purchase offers received. If during the course of the auction any
dispute arises over the identification of the Buyer, the Auctioneer
may, at its absolute and unquestionable discretion, return the Lots
to the auction and proceed for a new award, or reconsider the bid
from the previous offer.
5.
AUCTION RIGHTS
– The Winner, for each of the Lots
awarded, is obliged to pay the Auction House the commission for
the auction rights (“Rights”) to be determined (VAT included): a)
in the percentage of 25% of the hammer price Lots awarded up to €
100,000.00; b) in the percentage of 22% on the amount exceeding
€ 100,000.00 of the hammer price. In the case of an online auction
through platforms other than GonnelliLive, the above rights will be
increased by a further 3% on the hammer price.
S
ale conditions
6.
PAYMENTS
– The Total Price must be paid by the Purchaser to
the Auction House within the essential deadline of n. 7 (seven) days
after the auction (in case of delay the provisions of the following
§ 11) will be applied, in Euro and in a single solution, using the
following methods:
(a)
in cash, up to the total amount of € 3,000.00, or the different
amount required by law ;
(b)
by credit cards (circuits accepted by the Auction House), with
additional charges (equal to 1.50% of the Total Price) charged to
the Purchaser;
(c)
only expressly upon acceptance of the Auction House, by bank
transfer to the account indicated by the same, or bank or non-
bankable bank drafts, payable to Libreria Antiquaria Gonnelli
S.r.l. (except for the good outcome of the credit): IBAN: IT 81 Y
03268 02800 052886559670 - SWIFT: SELBIT2B
The Auction House will only be responsible for paying the Awardee,
subject to any prior written notice by the Bidder to participate in
the name and on behalf of third parties.
Only as a result of the full payment of the Total Price the ownership
and possession of the Lots will pass to the Purchaser, except as
provided in § 14.
7.
DATA
– For the purposes of participation in the auction, the
Bidders must first fill out and sign a participation form (the
offer form), in which, in addition to the amount offered for
the purchase of one or more Lots, the related personal data
and bank references are also indicated. This data is processed
in compliance with the current legislation on the protection
of the privacy of personal data (so-called Privacy), as per the
specific information released by the Auction House. The
Auction House reserves the right to refuse offers from persons
not previously registered and / or identified, or who have not
submitted adequate bank references. In the event of an award,
the data indicated in the offer form will be shown in the invoice
header and cannot be changed. With the signing of the same
offer form, moreover, the Bidders are obliged to accept fully
and unconditionally the present conditions of sale.
8.
COMPETITION
– The Auction House may make offers on its
own right and / or accept mandates for the purchase of certain lots
by its customers; in this case, the Auctioneer will make bids and /
or bids in the auction, based on the instructions received. In the
case of offers of the same amount, the offer communicated by the
Auctioneer on that of the Offeror in the meeting will prevail.
9.
RESPONSIBILITY
– The Auction House acts as agent with
representing the seller, and is exempt from any responsibility
regarding the quotation and description of the Lots in the catalogues,
in the brochures and in other illustrative material; such description,
whether other indications or illustrations, must be considered purely
indicative and not binding, and cannot be exchanged of any kind in
the Bidders and in the Purchaser. Notwithstanding the foregoing,
the descriptions in the catalogue can be integrated at the request
of the customers through the delivery of written reports (so-called
condition reports). All auctions are preceded by the exhibition of
the Lots, in order to allow a careful and in-depth examination about
the authenticity, the state of conservation, the origin, the type and
the quality of the same, on which only the Bidders and the Purchaser
assume every risk and responsibility, also as regards the effects of the
art. 1488, c. 2, of the Italian Civil Code. After the awarding, neither
the auction house nor the sellers will be held responsible for any
defects in the Lots, concerning, inter alia, the state of conservation,
incorrect attribution, authenticity, provenance, weight or lack quality
of Lots. To this end, the Bidders and the Purchaser expressly waive
the guarantee pursuant to the art. 1490 of the Italian Civil Code,
releasing the Auction House from any related liability; for the effect,
neither the auction house nor its staff can issue any valid guarantee
in this regard. In the event of an auction or internet auction by