Page 188 - Aste Bolaffi - Gioielli, marzo 2024 Torino
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GENERAL TERMS                     ipating  in  the  auction  by  telephone  and  or  online  in  the   expense of the buyer, once the Temporary Import proce-
                                              event of non-participation due to any errors that may oc-
                                                                                dure has been closed.
            AND CONDITIONS                    cur during or prior to the telephone and/or internet con-
                                              nection.                          10 – Payment
                                                                                Payment must be made by buyers in the saleroom at the
            1 – Introduction                  6 – Awarding of lots              time of delivery of the lots and for buyers participating
            These Terms and Conditions govern the sale by public   Lots will be awarded to the highest bidder. Aste Bolaffi   by written offers, via telephone or online within 7 (sev-
            auction, private negotiation or by any other means of any   reserves the right to cancel an award in the event of any   en) calendar days from receipt of the invoice. Payments
            type of goods or collectables by Aste Bolaffi S.p.A. auction   third-party disputes claiming private or State ownership   can be made in cash (within the limits permitted by law),
            house, with registered office at Via Cavour no. 17, Turin,   of the Lot. We do not accept bids below the starting   by  cheque  or banker’s  draft,  debit  card,  credit card  (only
            share capital of 52.180,00 Euro fully paid-up, VAT number   price. Lots will open at the bid indicated as the starting   American Express, MasterCard and Visa circuits) or by
            09591610010, Register of Companies no. TO-1064393, PEC   price, except when a higher offer has been received pri-  bank  transfer.  If  payment  is  made  by  American  Express
            (certified  email)  address  astebolaffi@pec.bolaffi.it  (here-  or to the opening of the auction; in this case the lot will   credit  card  or  PayPal,  a  surcharge  of  5%  (five  per  cent)
            inafter “Aste Bolaffi”). The lots offered for sale, except in   open at the subsequent bidding increment after that of-  is payable on the hammer price or sale price. Payments
            exceptional cases, are the property of third parties (here-  fer. In the event of equal absentee bids, which take prior-  will not be accepted from anyone other than the buyer.
            inafter “Seller”) who have irrevocably entrusted the sale of   ity over bids made in the saleroom, the bid which arrived   Default interest will be charged on all amounts that are
            the lots to Aste Bolaffi which acts only as an intermediary.   first shall take precedence. Bidding increments will be   not paid according to the terms at an annual rate of 5%
            Information about the auction may be included in the cat-  regulated at the discretion of the auctioneer. The mini-  (five per cent). Aste Bolaffi may grant extended payment
            alogue or announced in the saleroom before or during the   mum increment will be € 25.00. The auctioneer reserves   terms. Extended payment terms must be agreed and
            sale. The terms and conditions of sale are subject to up-  the right to withdraw, add, combine or divide lots, and   formalised prior to the auction. Aste Bolaffi will issue an
            dates that will immediately be posted on www.astebolaffi.  the right to refuse a bid in the saleroom or a written offer.   invoice to a successful bidder using the procedures pro-
            it. If there are any discrepancies between the text of the   The auctioneer reserves the right to withdraw a lot from   vided for in these Terms and Conditions. In the event of
            Terms and Conditions published in the auction catalogue   the auction if bids do not reach the reserve price agreed   non-payment of the purchase price or any other amount
            and those published on the Aste Bolaffi website, the on-  with the Seller.  due by the buyer to Aste Bolaffi within thirty (30) calendar
            line version will take precedence.                                  days from the end of the month in which the invoice is
                                              7 – Auction fees for the sale of lots with the VAT margin
            2 – Catalogues                    scheme                            issued, Aste Bolaffi shall be entitled to rescind the sales
            Aste Bolaffi shall not be held liable with regard to descrip-  The Article 45 of Italian Law 342 of 21 November 2000   contract pursuant to Art. 1456 of the Italian Civil Code by
            tions, condition reports, values and estimates of the lots   provides the application of margin scheme to sales where   giving written notice to the buyer, without prejudice to
            contained in the catalogues and in any other illustrative   commission charges applied: with: (a) private persons; (b)   its right to compensation for the damage caused by the
            materials. Illustrations, descriptions, values and estimates   taxable  persons  which  have  subjected  the  transaction   non-fulfilment. Any instalments paid by the buyer before
            are provided purely as a guide and only serve to clearly   to the margin scheme; (c) persons who have not been   the sales contract is rescinded will be retained by the auc-
            identify  the  lot  and  bidders  should  not  rely  on  them  as   able to deduct tax in accordance with Articles 19, 19-bis   tion house as compensation pursuant to Art. 1526 of the
            statement of fact. The illustrations, descriptions, val-  and 19-bis2 of Italian Presidential Decree no. 633/72 (who   Italian Civil Code without prejudice to compensation for
            ues and estimates are made to the best of Aste Bolaffi’s   have  sold  the  asset  in  exemption  pursuant  to  Articles  10   further damages.
            knowledge and do not in any way constitute guarantees   and 27-quinquies); (d) persons covered by the exemption   11 – Collection and delivery of sold lots
            or promises of quality in accordance with Articles 1490 and   arrangements provided for small businesses in the State   Without prejudice to the provisions in Article 21 below
            1497 of the Italian Civil Code. Lots may be sold at prices   they belong to. No particular symbol will be used to iden-  and  until  full  payment  of  the  amount  due  has been re-
            that  are  higher  or  lower  than the estimated  values  indi-  tify the lots sold in the margin scheme. As regards this   ceived, the lots shall be kept at Aste Bolaffi’s premises and
            cated in the catalogues. At the sole discretion of Aste   scheme, in  the  event  of  award  or  sale,  the buyer will be   insured with adequate coverage at the expense of Aste
            Bolaffi estimated values are subject to change. The esti-  charged  a  buyer’s  premium  in  favour  of  Aste  Bolaffi  ac-  Bolaffi. The obligation to deliver the lots sold is subject
            mated  values  published  in  the  catalogue  do  not  include   cording to the following percentages:   to  full  settlement  of all sums  due  to Aste Bolaffi  by  the
            Aste Bolaffi’s buyer’s premium, the costs of droit de suite   Classic cars' auctions: in addition to the hammer price, the   buyer. Aste Bolaffi does not assume the obligation to ar-
            (artist’s resale royalty), customs and export duties and   buyer shall pay a fixed buyer’s premium of 15% on each lot.   range shipment of lots, which must be picked up from
            fees  and  VAT  (if  any).  All  copyrights  related  to  images,  il-  Classic motorcycles' auctions: in addition to the hammer   the Aste Bolaffi's premises. The lots shall be delivered to
            lustrations, text, captions and descriptions in Aste Bolaffi   price, the buyer shall pay a fixed buyer’s premium of 19%   the buyer at the buyer’s expense and care, no later than 5
            catalogues are and will remain the exclusive property of   on each lot.   (five) working days from the date of sale. If the buyer fails
            Aste Bolaffi. Such images, illustrations, text, captions and   Numismatic and philatelic auctions: in addition to the   to collect the lot within this deadline Aste Bolaffi shall be
            descriptions may not be used or reproduced by the buy-  hammer price, the buyer shall pay the following buyer’s   entitled to charge the buyer an amount equal to 1% of the
            er and/or third parties without Aste Bolaffi’s prior written   premium on each lot: 22% on the portion of the hammer   sale price for each month of delayed collection of the lots
            consent.
                                              price up to € 250,000; 20% on the portion between €   plus a minimum charge of € 5 a day for each lot purchased.
            3 – Inspection of lots prior to the auction  250,001 and € 500,000; 18% on portions over € 500,001.   Upon receipt of payment and when requested by the buy-
            Prospective buyers are able  to  examine  lots before the   For all other auctions: in addition to the hammer price, the   er the lots may be shipped by registered mail at the risk
            auction on days and during the times established at Aste   buyer shall pay the following buyer’s premium on each lot:   and expense of the buyer.
            Bolaffi’s discretion. Individuals may handle lots on display   25% on the portion of the hammer price up to € 100,000;   12 – Exporting lots
            at their own risk. Some large or heavy items may be dan-  22.5% on the portion between € 100,001 and € 250,000;   Customs and export costs shall be borne by the buyer.
            gerous if handled incorrectly and may only be handled   20% on the portion between € 250,001 and € 500,000; 18%   Applications to the relevant authorities and entities for
            with the assistance of Aste Bolaffi Staff.   on portions over € 500,001.  the issuance of the certificate of free circulation for ex-
            4 – Participation in the saleroom  The buyer’s premium in favour of Aste Bolaffi is inclusive   port, in accordance with the applicable legislation on such
            In order to improve auction procedures, all potential buy-  of VAT.  matters, will be  made by the auction house on behalf  of
            ers are required to obtain a numbered bidding paddle be-  8 – Auction fees for the sale of lots with standard VAT  the buyer. The buyer is required to pay the expenses upon
            fore the start of the public auction for use when making   The  ± symbol after the lot number indicates standard   receipt of the invoice. Approximately 10-12 weeks are re-
            bids. Buyers may also pre-register during the pre-auction   VAT and a buyer’s premium that differs from that normally   quired to obtain the export licence. Lots in the Temporary
            viewing days. By completing and signing the registration   used for lots sold in the margin scheme. These premiums   Import regime and coming from abroad are authorised
            form and being given a numbered paddle, buyers accept   vary depending on where the goods are shipped:   to remain in Italy for a determinate amount of time and
            these Terms and Conditions. Aste Bolaffi reserves the right   - goods that remain within the EU:   are exempt from the relevant safeguard provisions in the
            to ask bidders for information and documents for identi-  1. Buyer’s premium rate for VAT exempt buyers: 15% (classic   Code  of Cultural Heritage. For this  reason  it will  not be
            fication purposes as well as information regarding bank   cars and motorcycles); 18% (all other categories).   necessary to apply for a free circulation certificate to leave
            references. In some situations, Aste Bolaffi reserves the   2. Buyer’s premium rate for VAT payers: the same as those   Italy. Temporarily imported lots cannot be collected by
            right to require bidders to pay a deposit to guarantee the   applied for the VAT margin scheme.  buyers, but must be shipped by the auction house at the
            payment of the sale price and auction commission. Aste   3. VAT on the hammer price at the following rates:  expense of the buyer.
            Bolaffi may, in  its  sole  discretion, ban unwelcome  or un-  • books      4%
            suitable bidders from entering the saleroom. If a bidder   • stamps      10%  13 – No guarantees on lots
            is acting in the name and on behalf of another person or   • all other categories   22%;  Without prejudice to the provisions in Article 23 below, all
            entity a suitable power of attorney must be shown before   4. VAT on buyer’s premium payable at 22%.  lots are sold “as is” by Aste Bolaffi on behalf of the Sell-
            the auction takes place. Aste Bolaffi reserves the right to   - goods that are shipped outside the EU:  er with any flaws, defects, imperfections, damage and/or
            refuse agents or brokers of third parties to participate in   The buyer’s premium rates are the same as those applied   lack of quality present at the time of the auction. Each auc-
            an auction if, in its opinion, power of attorney has not been   for the VAT margin scheme.   tion is preceded by a public viewing that allows potential
            demonstrated. A bidding paddle must be used to indicate   VAT refund. Non-European buyers that are exempt from   buyers to examine the lots in person or through trusted
            bids to the auctioneer during the auction. In the event of   paying  VAT  are  eligible  for  a  refund  of  the  VAT  paid  on   representatives, and establish their authenticity, state of
            any doubts regarding the hammer price or the successful   the hammer price if they present an official document   conservation, provenance, characteristics, qualities and
            bidder, participants should attract the auctioneer’s at-  (customs declaration) attesting to the export of the goods   possible defects  and  flaws.  Each  potential buyer is  re-
            tention immediately. All lots sold will be invoiced to the   from the European Union within 90 days of delivery.   sponsible for inspecting a lot before purchasing to ensure
            name and address provided when the bidding paddle is   Non-resident buyers that are VAT payers, domiciled in Eu-  that it complies with the descriptions and pictures in the
            assigned and may not be transferred to other name and/or   ropean Union countries or non-EU countries, can request   catalogue and, where appropriate, seeking the opinion of
            address. Aste Bolaffi will not accept any complaint or claim   a refund of the VAT paid on the hammer price and the 22%   a scholar or an independent expert to verify its authen-
            for paddle loss or theft. At the end of the auction, the pad-  VAT calculated on the buyer’s premium, by presenting an   ticity,  provenance,  attribution,  origin,  date,  age,  period,
            dle must be returned to the registration desk.  official document (CMR or customs declaration) attesting   cultural origin or source and condition. Upon request and
                                              to the export of the goods from the European Union with-  for guidance only, Aste Bolaffi can provide written reports
            5 – Participation by mail, via telephone or online                  (“condition  reports”)  that  can  supplement  the  catalogue
            By submitting and signing the designated forms, the par-  in 90 (ninety) calendar days after delivery. If the goods are   information. Except in cases where defects or material
            ticipant agrees to take part in the relevant auction and   shipped outside the European Union by the auction house,   flaws have intentionally been concealed from the buyer,
            agrees to pay the hammer price and buyer’s premium if   the  aforementioned  refundable  VAT  will  not  be  included   Aste Bolaffi gives no contractual guarantee regarding the
            his or her offer(s) is or are successful. The participant also   on the invoice.   sale of the lots even against loss of rights of title since the
            agrees to verify at the end of the auction if his or her of-  9 – Lots being sold under Temporary Import regime  sale is at the risk and danger of the buyer pursuant to and
            fer(s) has or have been successful, exempting Aste Bolaffi   The symbol E after the lot number indicates its Temporary   with the effects of Article 1488, paragraph 2, of the Italian
                                                     E
            from any liability in this regard. Claims due to negligence   Import status within Italy. Lots purchased under the Tem-  Civil Code.
            or error in the filling out of written offers will not be ac-  porary Import regime cannot be collected directly by the
            cepted. Aste Bolaffi declines all liability to persons partic-  buyer, but must be shipped by the auction house, at the
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