TERMS AND CONDITIONS
- These general conditions govern the auction sale of antiques works of art, organized through various sales systems such as: its premises, premises to be defined, televisions, or websites open to the public, by TELEARTE SRL (hereinafter onwards Telearte or Seller), an antiques trading company that acts on its own account in the management of auctions and therefore also plays the role of Seller.
- The terms and conditions set forth below form an integral part of the contracts concluded between the Seller and the Buyer by agent (hereinafter the Lots) and apply to all transactions concluded between the Agent and the Buyer, without the need for an express reference to them or a specific agreement to that effect at the conclusion of each individual transaction. Any different conditions or terms apply only if confirmed in writing by the Seller. The Seller reserves the right to modify, supplement or vary the Conditions of Sale, attaching these changes to the offers or to any correspondence sent in writing to the Buyer.
- An exhibition of all the works on sale, prior to the auction, freely accessible by all interested parties, will be set up at the premises of Telearte Srl; in addition, the auction house will produce a paper catalog and an online version, published on the website teleartetv.it, including the list of works for sale. The exhibition aims to have the authenticity, origin, type and quality of the objects examined and to clarify any errors or inaccuracies that may have occurred in compiling the catalog. These descriptions are to be understood as the result of the personal opinion of our experts. The interested party in purchasing a lot therefore undertakes, before participating in the auction, to examine it thoroughly, possibly even with the advice of an expert or a trusted restorer to ascertain all the aforementioned characteristics. After the award, no disputes are allowed in this regard and neither Telearte nor the agent can be held responsible for defects relating to information concerning the items at auction. Interested parties may request any further opinions, photographic or digital material from the Telearte experts. This condition report is not intended to be exhaustive and may not indicate a possible restoration or defect; it does not replace the direct examination of the probable buyer, given the subjective nature of the aforementioned assessment by Telearte’s experts. No claim will be possible regarding the restorations, defects and errors incurred in the creation of the catalog. Finally, in the catalog, each work presents an auction base: this value represents the minimum sale price established by Telearte for the goods subject to auction.
- Participation in the auction takes place after registration, which consists in completing the registration form – with indication of the personal data of the interested party (personal details, tax code, VAT number, place of residence, domicile, telephone number) delivery of a copy of a valid identification document and tax code. If the interested party wishes to register as a legal person, he must attach a copy of the company’s chamber of commerce registration. This registration can be made at any time, both during the exhibition preceding the auction and before the sales session, and also online through the appropriate registration section in the teleartetv.it portal. Telearte reserves the right to decide whether or not to accept the participation of an applicant in its auctions and, in particular, may deny participation to subjects who have not punctually honored financial obligations, even as compensation, towards Telearte.
- Telearte has the right to withdraw from the auction, at any time, any item offered for sale. If the asset is presented at auction and the bids received do not reach the reserve price established by Telearte, this asset will be considered unsold and, therefore, withdrawn from the auction. The choice relating to the method of sale is up to Telearte, in the person of the sales manager, who has the right to combine, divide and vary the order of the lots offered for sale. The sales manager may accept bids from the audience in the hall, written bids left at the counter prior to the start of the auction, online bids, and telephone bids, which will only be accepted upon registration by the buyer and transmitted to the auctioneer at the risk of the auction. ‘bidder. Telephone connections are provided and provided by Telearte free of charge. No complaints will be accepted in relation to written offers, telephone offers or live receipts, not recorded for any reason or for errors relating to the execution of the same.
- The award of the works offered for sale is made to the highest bidder and is signaled by the sales manager with a hammer blow, which determines the moment in which the sales contract is concluded. It is established that: – in the case of two written offers of the same amount, the prevailing offer will be the one received first; – in the case of a written offer and one from the audience of the same amount, the prevailing offer will be that received from the audience in the hall; – in the case of a written offer and a telephone offer of the same amount, the prevailing offer will be that received by telephone. The auctioneer may accept purchase proposals for the works put up for auction and consequently make bids on behalf of third parties.
- To the amount constituting the adjudication price, the buyer will have to add the amount equal to 28% VAT included, as auction commission, in favor of the auction house. Any change or variation of the commissions due to the auction house will be verified on the online platforms where the same is beaten.
- At the time of the award, the buyer will be required to sign an award report, indicating the lot awarded and the hammer price. The transfer of ownership of the lot from the seller to the buyer will take place only at the time of payment by the latter of the amount due. The successful bidder, having paid the auction price and commissions in full, will have to collect the purchased lots, at their own risk and expense, within 7 (seven) days of the award. Upon agreement with the successful bidder, Telearte may organize, at the expense and risk of the successful bidder, the packaging, transport and insurance for the shipment of the lot. In this case, the successful bidder waives any claim and / or action against Telearte for any delays of the courier in the delivery of the shipment. For any information, it will be possible to contact Customer Service at the telephone number +39 06.87911980 from Monday to Friday from 9:00 to 16:00 and on Saturdays from 9:00 to 13:00. Taxes, duties, shipping, insurance, installation, after-sales service are not included in the hammer price, and are the responsibility of the Buyer.
9. The payment of lots may be made by bank draft, credit card, debit card, cash (within the limits of the rules against money laundering) and bank transfer (in the latter case, the payment and therefore the transfer of ownership of the property from the seller to the buyer will be considered made only after the actual registration of the crediting of the full amount on the account of Telearte).
- In the case of buyers who are awarded for the first time and who wish to pay by bank transfer, the transfer of ownership of the lot will take place only after the successful completion of the payment. In this case, the awarded goods must be collected at the expense and risk of the buyer, within 10 (ten) days of receipt of the aforementioned payment. After this deadline, Telearte will be exonerated from any liability towards the successful bidder for the custody of the asset and may charge the cost of ? 5.00 (five) per day as a deposit at its headquarters.
- In the event of non-payment of the amounts due following the award, which lasted for more than 15 (fifteen) days, Telearte may alternatively and at its sole discretion: – terminate the sale, by giving written notice pursuant to Article 1456 of the Italian Civil Code. without prejudice to Telearte’s right to protect itself in the competent offices and with the appropriate actions against the defaulting contractor; – proceed to obtain the forced execution of the purchase and payment obligation; – sell the lot by private negotiation, to the detriment of the successful bidder; – sell the lot by auction to the detriment of the successful bidder. In any case, the works will be kept by Telearte at the risk and expense of the successful bidder, until they are sold to third parties.
- In the event that the object is intended to be exported, the buyer will be responsible to the authorities to obtain any licenses, authorizations and / or permits for this purpose. The payment of the purchases must in any case be made within the established terms and the denial of an export permit cannot be used as a reason for canceling the purchase and even less justifying the non-payment of the lot in question. In case of exercise by the State of the right of first refusal, the buyer will not be able to claim any reimbursement for the amounts paid. If a lot contains materials belonging to protected species of the type: coral, ivory, turtle, crocodile, whale bones, rhino horns, etc., an export license (CITES) issued by the Ministry of the Environment and Protection of the Territory and buyers are required to comply with all the laws in force on the subject.
- These general conditions of sale, governed exclusively by Italian law, are automatically and fully accepted by all parties participating in the sale procedure. The Italian criminal law protects the freedom of auction and punishes the disruption of tenders also by means of fictitious offers. For any dispute that may arise in relation to the application, interpretation and execution of these general conditions of sale, the Court of Rome will have exclusive jurisdiction.
- Any communication concerning the sale must be made by registered letter with return receipt addressed to: Telearte Srl, Via Sebastiano Ziani 54 – 00136 Rome- Italy.
- The buyer declares to have received the information pursuant to Article 13 of Legislative Decree 196/2003 n.196 (Code regarding the protection of personal data), in particular with regard to the rights recognized pursuant to Article 7 of Legislative Decree 196/2003 No. 196, and declares to give their express consent, pursuant to Article 23 of Legislative Decree 196/2003 No. 196, to the processing of their personal data in the manner and for the purposes indicated in the information itself, however strictly connected and instrumental to the management of participation in the auction and the auction sales relationship. It is specified that the owner of the data processing is Telearte to which it is possible to send requests and requests relating to the processing of the data.
Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the Purchaser specifically approves the provisions referred to below: 2-3-4-5-6-7-8-9-10-11-12-13-14-15.