Page 189 - Aste Bolaffi - Gioielli, marzo 2024 Torino

14 - Limitation of Aste Bolaffi’s liability attribution, origin, date, age, period, cultural origin or otherwise, any lack of conformity which becomes apparent
Except in the case of wilful misconduct or gross negli- source, its quality, including the price or value, solely reflect within six months of delivery of the lot shall be presumed
gence, Aste Bolaffi and its employees, assistants, directors assessments made in good faith by Aste Bolaffi and can to have existed at the time of delivery unless this presump-
or consultants shall not be liable for acts or omissions re- be reviewed and changed at any time by Aste Bolaffi. The tion is incompatible with the type of lot or the nature of
lating to the preparation or management of the auction buyer shall not treat these assessments as statement of fact the lack of conformity. From the seventh month after the
or any matter relating to the sale of the lots. Except in the or place any reliance on such representations. delivery of the product, it will instead be the burden of the
case of wilful misconduct or gross negligence, Aste Bolaffi 18 – Verification of cultural interest buyer to prove that the lack of conformity already existed at
shall not under any circumstances be liable for indirect or Aste Bolaffi in its sole discretion may temporarily award the time of delivery. In order to use the Legal Warranty, the
consequential damages, for lost profits or damages from lots that, before or during the auction, are subjected to the buyer will need to provide evidence of the date of purchase
loss of opportunities. Any possible liability of Aste Bolaffi notification of the start of a procedure for the declaration and delivery of the lot. It would be advisable for buyers to
and/or of the Seller with respect to the buyer in connec- of cultural interest referred to in Article 14 et seq. of Italian keep the purchase invoices, delivery notes and any other
tion with the purchase of a lot by the latter shall be limited Legislative Decree no. 42 of 22 January 2004 (the “Code documents relating to the purchase and delivery of lots. It
to the corresponding hammer price and purchase price of Cultural Heritage”). In the event of temporary award is assumed that the purchased lot is in accordance with the
and the buyer’s premium paid by the buyer.
Aste Bolaffi will report the sale to the relevant Ministry sales contract when the lot: (i) is suitable for the use that
15 – Expert reports and certificates pursuant to Art. 59 of the Code of Cultural Heritage. The goods of the same type are normally used for; (ii) complies
Aste Bolaffi reserves the right to issue expert reports/ex- sale completion will be subject to the ruling made by the with the corresponding description given in the catalogue,
tensions when requested by the buyer. Expert reports are relevant Ministry regarding the status of the property as in expert reports or reports by Aste Bolaffi or in any accom-
not issued by Aste Bolaffi in relation to lots whose cata- a “cultural heritage item” and the failure by the Ministry panying documentation; (iii) provides the usual quality and
logue description states that they are accompanied by a to exercise its right to pre-emption within sixty days of performance of goods of the same type that the buyer can
certificate. It is hereby specified that any grant of expert the receipt of the report or within the longer term of one reasonably expect, also taking into account the statements
reports/extensions does not change the payment terms hundred and eighty days referred to in Art. 61, paragraph made in the catalogue or advertising material; (iv) is suitable
set out in Article 10 above or constitute any form of guar- 2, of the Code of Cultural Heritage. Pending these terms, for the particular purpose desired by the buyer as long as
antee regarding sold lots. Only in the cases provided for the lot cannot be released to the buyer. this was made known to Aste Bolaffi before the auction or
by Art. 64 of Italian Legislative Decree no. 42 of 22 January 19 – Droit de suite (Artist’s Resale Royalty) sale and Aste Bolaffi accepted this. Any failures or malfunc-
2004, Aste Bolaffi, upon request from the buyer shall pro- Italian Legislative Decree no. 118 of 13 February 2006, im- tions due to accidental events or the responsibility of the
vide the buyer with a statement containing all information plementing Directive 2001/84/EC, introduced into Italian buyer are excluded from the scope of the Legal Warranty,
available on the authenticity of the lot or on its probable law the right of authors of works of art and manuscripts, as well as any use or storage of the lot that does not comply
attribution and provenance. and their successors, to receive a fee on the price of each with its intended use and/or the provisions in the documen-
16 – Numismatic auction catalogues sale of the original work subsequent to the first sale (so- tation accompanying the lot. Furthermore, there is no Legal
Warranty of any kind, if at the time of the award or sale, the
The catalogues used as references are as follows: Bol. (Aste called “droit de suite”). The “droit de suite” is due only if buyer was aware of the lack of conformity or could not have
Bolaffi catalogue of coins and banknotes - Kingdom of the sale price is not less than 3,000.00 Euro. It is calculat- failed to be aware of it with ordinary due diligence or if
Sardinia, the Kingdom of Italy and Italian Republic), Bol. ed as follows: • 4% for the portion of the sale price from
Vat. (Aste Bolaffi catalogue of Vatican City coins) Bab. € 0 to € 50,000.00; • 3% for the portion of the sale price the lack of conformity stems from information or materials
(Babelon), Bartolotti, Biaggi, Bohering Calciati, Cottag- from € 50,000.01 to € 200,000.00; • 1% for the portion of provided by the buyer. Each auction is preceded by a pub-
es, BMC (British Museum catalogue), Ciani, CNI (Corpus the sale price from € 200,000.01 to € 350,000.00; • 0.5% lic viewing that allows potential buyers to examine the lots
Nummorum Italicorum), Cra. (Crapanzano/ Giulianini), for the portion of the sale price from € 350,000.01 to € in person or through trusted representatives and estab-
Cra. Vol. II (Crapanzano/Giulianini vol. II), Crawf. (Craw- 500,000.00; • 0.25% for the portion of the sale price ex- lish their authenticity, state of conservation, provenance,
ford), Coh. (Cohen), Crippa, Dav. (Davenport), Di Giulio, ceeding € 500,000.00, for a total amount not exceeding characteristics, qualities and possible defects and flaws. In
D.O.C. (Dumbarton Oaks Collection), Friedb. (Friedberg), € 12,500.00. Aste Bolaffi is required to collect and remit the event of a lack of conformity duly reported within the
Gad. (Gadoury), Galeotti, Gig. (Gigante), Gav. (Gavello) the “droit de suite” to the Italian Society of Authors and terms, the buyer shall be entitled: (i) primarily, to the free
Guadàn, Gulbenkian, Haeb. (Haeberlin) Heiss, Herzfelder, Publishers (SIAE). In addition to the price and the buyer’s repair or replacement of the lot, according to his/her choice,
Jenkins and Lewis, Krause, Mesio, Müller, Mont. (Monte- premium and other expenses, the buyer agrees to pay the except when the requested remedy is impossible or exces-
negro), Mont. Ve. (Montenegro Venezia), Muntoni, M.zu.A. “droit de suite”, which should be paid to the Seller under sively expensive to perform compared to the other option;
(Miller zu Aicholds), Pag. (Pagani), Pozzi, Rav. (Ravegnani Article 152, paragraph I, of Italian Law no. 633 of 22 April (ii) secondly, (i.e. where the repair or replacement is impos-
Morosini), R.I.C. (Roman Imperial Coinage), Rizzo, Seaby, 1941. The “droit de suite” will be charged in accordance sible or prohibitively expensive or the repair or replacement
Sears, Schl. (Schlumberger), Sim. Simonetti. Philatelic auc- with Article 10 above. has not been carried out within a reasonable time or the
tion: The numbering refers to that of Bolaffi and Sassone 20 – Absence of the right of withdrawal previous repair or replacement caused significant incon-
catalogues for the Ancient Italian States, Kingdom of Italy, Online offers and sale of lots online by Aste Bolaffi con- venience to the buyer) to a price reduction or termination
Italian Republic and Italian countries, to the Yvert-Telli- stitute a distance contract governed by Chapter I, Title of the contract, according to his/her choice. The requested
er catalogue and to the Unificato for Europe and to the III (Arts. 45 et seq.) of the Consumer Code and Italian remedy is too expensive if it imposes unreasonable costs on
Yvert-Tellier and Stanley Gibbons catalogue for Overseas. Legislative Decree no. 70 of 9 April 2003, containing the the Seller in comparison to alternative remedies that may
Any reference to other catalogues will be indicated spe- provisions governing e-commerce. Article 59, paragraph be exercised, taking into account (i) the value that the lot
cifically. . 1, sub-para. m) of the Consumer Code excludes the right would have if it were not for the lack of conformity; (ii) the
17 – Terms used in catalogues of withdrawal as regards contracts concluded in a pub- extent of the lack of conformity; (iii) the possibility that the
Furniture and paintings auction: Guido Reni: in our opin- lic auction, as the auctions organised by Aste Bolaffi are, alternative remedy may be completed without significant
ion authentic work by the artist. Guido Reni (attributed): which also provide the opportunity of participating online. inconvenience to the buyer.
in our opinion probably work at least partly done by the Therefore, there is no right of withdrawal in relation to lots 24 – Applicable law
artist. Guido Reni (workshop): in our opinion work creat- auctioned in this manner. These Terms and Conditions and every sales contract with
ed in the artist’s workshop, but by an unidentified artist. 21 – Sale with retention of title Aste Bolaffi and/or the Seller shall be governed in all re-
Guido Reni (circle): in our opinion the work of an unidenti- Lots are awarded or sold by Aste Bolaffi with retention of spects by Italian law.
fied artist, produced during the lifetime of the cited artist. title under Article 1523 of the Italian Civil Code and the 25 – Jurisdiction
Guido Reni (follower): in our opinion the work of an uni- ownership of the lots will be transferred to the buyer only
dentified artist, not necessarily a pupil of the cited artist, when the full purchase/sale price has been received. The Any dispute relating to these Terms and Conditions and any
potentially produced at a later date. Guido Reni (style): in risk of loss or damage of lots will be transferred to the sales contract with the Seller and/or Aste Bolaffi, including
our opinion a work executed in the style of the artist in buyer upon their delivery. The obligation to deliver sold those relating to their interpretation, execution, termina-
contemporary or quasi-contemporary times. Guido Reni lots is subject to the prior payment of the price due and of tion or validity, shall be referred exclusively to the Court of
(manner or school): in our opinion a work executed in the any other amount due to Aste Bolaffi in full by the buyer Turin, except in cases where the buyer is a “consumer” un-
style of the artist by an unidentified artist but who is in- according to these Terms and Conditions. der Art. 18, paragraph 1, sub-para. a) of the Consumer Code
fluenced by him/her, even in a period well after the artist’s (Italian Legislative Decree no. 206 of 6 September 2005)
death. From Guido Reni: in our opinion a copy of a known 22 – Post-auction sales in which case it will be settled by the court of residence
painting of the artist. Signed/Dated/Inscribed: in our opin- In the thirty days following the auction date, Aste Bolaffi or domicile of the consumer. Pursuant to Art. 141-sexies,
ion the signature and/or date and/or inscription is by the offers the chance to purchase any lots still unsold online paragraph 3 of the Consumer Code, Aste Bolaffi informs
artist’s hand. Bears signature/bears date/bears inscription: in the “Compra Subito (Buy Now)” section of the website the buyer who qualifies as a “consumer” that when a com-
in our opinion the signature/date/inscription appears to be www.astebolaffi.it, where it is possible to make a binding plaint or application is submitted in relation to which it has
of another hand and/or of other era. Aste Bolaffi reserves offer for the lots that are still available, at the auction start- not been possible to resolve the dispute in question, Aste
the right to express its own opinion related to the artist, ing price plus the traditional buyer’s premium. Aste Bolaffi Bolaffi will provide the information about the Alternative
attribution, origin, dating, provenance and condition of reserves the right to refuse the offer received. Dispute Resolution body or bodies for out-of-court set-
the lots in the catalogue. It is, in any case, an opinion and 23 – Legal warranty for consumers tlements of disputes relating to obligations arising from a
should not be considered in any way an expert judgement. If the Seller of a lot is a “professional” pursuant to the pro- contract concluded under these Terms and Conditions (the
Philatelic auction: visions of Art. 18, paragraph 1, sub-para. b) of the Consum- so-called ADR bodies, as specified in Articles 141-bis et seq.
K mint D cancelled O front cover er Code (Italian Legislative Decree no. 206 of 6 September of the Consumer Code), specifying whether or not it in-
L hinged N fragment A letter-aerogramme I without 2005), a legal warranty of conformity will be applied to the tends to resort to the use of such bodies to resolve the dis-
gum lot awarded or sold through Aste Bolaffi under Articles 128- pute. Aste Bolaffi also states that a European platform for
Numismatic auction: Ac (Acmonital), Ae (Bronze), Ag (Sil- 135 of the Consumer Code (hereinafter “Legal Warranty”). the on-line resolution of consumer disputes (so-called ODR
ver), Al (Aluminium), An (Antimonium), Au (Gold), Ba (Bronz- The Legal Warranty is reserved only to buyers who are platform) has been established. The ODR platform can be
ital), Cn (Copper-nickel), Cu (Copper), El (Electro), It (Italma), natural persons and participate in the auction or sale for viewed at the following web address http://ec.europa.eu/
M.b. (White metal), Ma (Silver-plated metal), Md (Gilded purposes that do not fall under the categories of trade, in- consumers/odr/; through the ODR platform the consumer
metal), Mi (Mixture), Ni (Nichel), Ott. (Brass), Pb (Lead), Pe dustry, craft or other professional activities. Since all lots user can consult the list of ADR bodies, find the link to the
(Pewter), Pl (Platinum), Sn (Tin), Zn (Zinc) are “preowned goods” pursuant to and for the purposes of website of each of them and start an online resolution pro-
Jewellery auction: Cartier Jewel. This wording implies that Art. 134, paragraph 2, of the Consumer Code, the Seller is
in our opinion the object is, due to signatures, characteris- liable to the buyer for any lack of conformity which exists cedure of the dispute in which they are involved.
tics, marks, attributable to the maison indicated. It is under- at the time of delivery of the product and that become ap-
stood that any written or verbal representation provided parent within 1 (one) year from the date of delivery. The lack WHEN SUBMITTING ABSENTEE BID, SALEROOM BID,
by Aste Bolaffi, including those contained in the catalogue, of conformity must be reported to Aste Bolaffi or to the TELEPHONE OR ONLINE BID, THE BIDDERS CONFIRMS
reports, comments or appraisals concerning any character- Seller, under penalty of forfeiture of the warranty, within THAT THEY HAVE READ AND ACCEPTED ALL THE TERMS
istic of a lot, such as authorship, authenticity, provenance, two months from the date it was discovered. Unless proved AND CONDITIONS OF SALE AS LISTED ABOVE.
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