Page 195 - Aste Bolaffi - Arte moderna e contemporanea, novembre 2024 Torino

sale is at the risk and danger of the buyer pursuant to and by Aste Bolaffi, including those contained in the catalogue, Seller, under penalty of forfeiture of the warranty, within
with the effects of Article 1488, paragraph 2, of the Italian reports, comments or appraisals concerning any character- two months from the date it was discovered. Unless proved
Civil Code. istic of a lot, such as authorship, authenticity, provenance, otherwise, any lack of conformity which becomes apparent
attribution, origin, date, age, period, cultural origin or within six months of delivery of the lot shall be presumed
14 - Limitation of Aste Bolaffi’s liability source, its quality, including the price or value, solely reflect to have existed at the time of delivery unless this presump-
Except in the case of wilful misconduct or gross negli- assessments made in good faith by Aste Bolaffi and can tion is incompatible with the type of lot or the nature of
gence, Aste Bolaffi and its employees, assistants, directors be reviewed and changed at any time by Aste Bolaffi. The the lack of conformity. From the seventh month after the
or consultants shall not be liable for acts or omissions re- buyer shall not treat these assessments as statement of fact delivery of the product, it will instead be the burden of the
lating to the preparation or management of the auction or place any reliance on such representations. buyer to prove that the lack of conformity already existed at
or any matter relating to the sale of the lots. Except in the the time of delivery. In order to use the Legal Warranty, the
case of wilful misconduct or gross negligence, Aste Bolaffi 18 – Verification of cultural interest buyer will need to provide evidence of the date of purchase
shall not under any circumstances be liable for indirect or Aste Bolaffi in its sole discretion may temporarily award and delivery of the lot. It would be advisable for buyers to
consequential damages, for lost profits or damages from lots that, before or during the auction, are subjected to the keep the purchase invoices, delivery notes and any other
loss of opportunities. Any possible liability of Aste Bolaffi notification of the start of a procedure for the declaration documents relating to the purchase and delivery of lots. It
and/or of the Seller with respect to the buyer in connec- of cultural interest referred to in Article 14 et seq. of Italian is assumed that the purchased lot is in accordance with the
tion with the purchase of a lot by the latter shall be limited Legislative Decree no. 42 of 22 January 2004 (the “Code sales contract when the lot: (i) is suitable for the use that
to the corresponding hammer price and purchase price of Cultural Heritage”). In the event of temporary award goods of the same type are normally used for; (ii) complies
and the buyer’s premium paid by the buyer. Aste Bolaffi will report the sale to the relevant Ministry with the corresponding description given in the catalogue,
pursuant to Art. 59 of the Code of Cultural Heritage. The
15 – Expert reports and certificates sale completion will be subject to the ruling made by the in expert reports or reports by Aste Bolaffi or in any accom-
Aste Bolaffi reserves the right to issue expert reports/ex- relevant Ministry regarding the status of the property as panying documentation; (iii) provides the usual quality and
tensions when requested by the buyer. Expert reports are a “cultural heritage item” and the failure by the Ministry performance of goods of the same type that the buyer can
not issued by Aste Bolaffi in relation to lots whose cata- to exercise its right to pre-emption within sixty days of reasonably expect, also taking into account the statements
logue description states that they are accompanied by a the receipt of the report or within the longer term of one made in the catalogue or advertising material; (iv) is suitable
certificate. It is hereby specified that any grant of expert hundred and eighty days referred to in Art. 61, paragraph for the particular purpose desired by the buyer as long as
reports/extensions does not change the payment terms 2, of the Code of Cultural Heritage. Pending these terms, this was made known to Aste Bolaffi before the auction or
set out in Article 10 above or constitute any form of guar- the lot cannot be released to the buyer. sale and Aste Bolaffi accepted this. Any failures or malfunc-
antee regarding sold lots. Only in the cases provided for 19 – Droit de suite (Artist’s Resale Royalty) tions due to accidental events or the responsibility of the
by Art. 64 of Italian Legislative Decree no. 42 of 22 January Italian Legislative Decree no. 118 of 13 February 2006, im- buyer are excluded from the scope of the Legal Warranty,
2004, Aste Bolaffi, upon request from the buyer shall pro- plementing Directive 2001/84/EC, introduced into Italian as well as any use or storage of the lot that does not comply
vide the buyer with a statement containing all information law the right of authors of works of art and manuscripts, with its intended use and/or the provisions in the documen-
available on the authenticity of the lot or on its probable and their successors, to receive a fee on the price of each tation accompanying the lot. Furthermore, there is no Legal
attribution and provenance. sale of the original work subsequent to the first sale (so- Warranty of any kind, if at the time of the award or sale, the
buyer was aware of the lack of conformity or could not have
16 – Numismatic auction catalogues called “droit de suite”). The “droit de suite” is due only if failed to be aware of it with ordinary due diligence or if
The catalogues used as references are as follows: Bol. (Aste the sale price is not less than 3,000.00 Euro. It is calculat- the lack of conformity stems from information or materials
Bolaffi catalogue of coins and banknotes - Kingdom of ed as follows: • 4% for the portion of the sale price from provided by the buyer. Each auction is preceded by a pub-
Sardinia, the Kingdom of Italy and Italian Republic), Bol. € 0 to € 50,000.00; • 3% for the portion of the sale price lic viewing that allows potential buyers to examine the lots
Vat. (Aste Bolaffi catalogue of Vatican City coins) Bab. from € 50,000.01 to € 200,000.00; • 1% for the portion of in person or through trusted representatives and estab-
(Babelon), Bartolotti, Biaggi, Bohering Calciati, Cottag- the sale price from € 200,000.01 to € 350,000.00; • 0.5% lish their authenticity, state of conservation, provenance,
es, BMC (British Museum catalogue), Ciani, CNI (Corpus for the portion of the sale price from € 350,000.01 to € characteristics, qualities and possible defects and flaws. In
Nummorum Italicorum), Cra. (Crapanzano/ Giulianini), 500,000.00; • 0.25% for the portion of the sale price ex- the event of a lack of conformity duly reported within the
Cra. Vol. II (Crapanzano/Giulianini vol. II), Crawf. (Craw- ceeding € 500,000.00, for a total amount not exceeding terms, the buyer shall be entitled: (i) primarily, to the free
ford), Coh. (Cohen), Crippa, Dav. (Davenport), Di Giulio, € 12,500.00. Aste Bolaffi is required to collect and remit repair or replacement of the lot, according to his/her choice,
D.O.C. (Dumbarton Oaks Collection), Friedb. (Friedberg), the “droit de suite” to the Italian Society of Authors and except when the requested remedy is impossible or exces-
Gad. (Gadoury), Galeotti, Gig. (Gigante), Gav. (Gavello) Publishers (SIAE). In addition to the price and the buyer’s sively expensive to perform compared to the other option;
Guadàn, Gulbenkian, Haeb. (Haeberlin) Heiss, Herzfelder, premium and other expenses, the buyer agrees to pay the (ii) secondly, (i.e. where the repair or replacement is impos-
Jenkins and Lewis, Krause, Mesio, Müller, Mont. (Monte- “droit de suite”, which should be paid to the Seller under sible or prohibitively expensive or the repair or replacement
negro), Mont. Ve. (Montenegro Venezia), Muntoni, M.zu.A. Article 152, paragraph I, of Italian Law no. 633 of 22 April has not been carried out within a reasonable time or the
(Miller zu Aicholds), Pag. (Pagani), Pozzi, Rav. (Ravegnani 1941. The “droit de suite” will be charged in accordance previous repair or replacement caused significant incon-
Morosini), R.I.C. (Roman Imperial Coinage), Rizzo, Seaby, with Article 10 above. venience to the buyer) to a price reduction or termination
Sears, Schl. (Schlumberger), Sim. Simonetti. Philatelic auc- 20 – Absence of the right of withdrawal of the contract, according to his/her choice. The requested
tion: The numbering refers to that of Bolaffi and Sassone Online offers and sale of lots online by Aste Bolaffi con- remedy is too expensive if it imposes unreasonable costs on
catalogues for the Ancient Italian States, Kingdom of Italy, stitute a distance contract governed by Chapter I, Title the Seller in comparison to alternative remedies that may
Italian Republic and Italian countries, to the Yvert-Telli- III (Arts. 45 et seq.) of the Consumer Code and Italian be exercised, taking into account (i) the value that the lot
er catalogue and to the Unificato for Europe and to the Legislative Decree no. 70 of 9 April 2003, containing the would have if it were not for the lack of conformity; (ii) the
Yvert-Tellier and Stanley Gibbons catalogue for Overseas. provisions governing e-commerce. Article 59, paragraph extent of the lack of conformity; (iii) the possibility that the
Any reference to other catalogues will be indicated spe- 1, sub-para. m) of the Consumer Code excludes the right alternative remedy may be completed without significant
cifically. . of withdrawal as regards contracts concluded in a pub- inconvenience to the buyer.
17 – Terms used in catalogues lic auction, as the auctions organised by Aste Bolaffi are,
Furniture and paintings auction: Guido Reni: in our opin- which also provide the opportunity of participating online. 24 – Applicable law
ion authentic work by the artist. Guido Reni (attributed): Therefore, there is no right of withdrawal in relation to lots These Terms and Conditions and every sales contract with
in our opinion probably work at least partly done by the auctioned in this manner. Aste Bolaffi and/or the Seller shall be governed in all re-
spects by Italian law.
artist. Guido Reni (workshop): in our opinion work creat- 21 – Sale with retention of title
ed in the artist’s workshop, but by an unidentified artist. Lots are awarded or sold by Aste Bolaffi with retention of 25 – Jurisdiction
Guido Reni (circle): in our opinion the work of an unidenti- title under Article 1523 of the Italian Civil Code and the Any dispute relating to these Terms and Conditions and any
fied artist, produced during the lifetime of the cited artist. ownership of the lots will be transferred to the buyer only sales contract with the Seller and/or Aste Bolaffi, including
Guido Reni (follower): in our opinion the work of an uni- when the full purchase/sale price has been received. The those relating to their interpretation, execution, termina-
dentified artist, not necessarily a pupil of the cited artist, risk of loss or damage of lots will be transferred to the tion or validity, shall be referred exclusively to the Court of
potentially produced at a later date. Guido Reni (style): in buyer upon their delivery. The obligation to deliver sold Turin, except in cases where the buyer is a “consumer” un-
our opinion a work executed in the style of the artist in lots is subject to the prior payment of the price due and of der Art. 18, paragraph 1, sub-para. a) of the Consumer Code
contemporary or quasi-contemporary times. Guido Reni any other amount due to Aste Bolaffi in full by the buyer (Italian Legislative Decree no. 206 of 6 September 2005)
(manner or school): in our opinion a work executed in the according to these Terms and Conditions. in which case it will be settled by the court of residence
style of the artist by an unidentified artist but who is in- or domicile of the consumer. Pursuant to Art. 141-sexies,
fluenced by him/her, even in a period well after the artist’s 22 – Post-auction sales paragraph 3 of the Consumer Code, Aste Bolaffi informs
death. From Guido Reni: in our opinion a copy of a known In the thirty days following the auction date, Aste Bolaffi the buyer who qualifies as a “consumer” that when a com-
painting of the artist. Signed/Dated/Inscribed: in our opin- offers the chance to purchase any lots still unsold online plaint or application is submitted in relation to which it has
ion the signature and/or date and/or inscription is by the in the “Compra Subito (Buy Now)” section of the website not been possible to resolve the dispute in question, Aste
artist’s hand. Bears signature/bears date/bears inscription: www.astebolaffi.it, where it is possible to make a binding Bolaffi will provide the information about the Alternative
in our opinion the signature/date/inscription appears to be offer for the lots that are still available, at the auction start- Dispute Resolution body or bodies for out-of-court set-
of another hand and/or of other era. Aste Bolaffi reserves ing price plus the traditional buyer’s premium. Aste Bolaffi tlements of disputes relating to obligations arising from a
the right to express its own opinion related to the artist, reserves the right to refuse the offer received. contract concluded under these Terms and Conditions (the
attribution, origin, dating, provenance and condition of 23 – Legal warranty for consumers so-called ADR bodies, as specified in Articles 141-bis et seq.
the lots in the catalogue. It is, in any case, an opinion and If the Seller of a lot is a “professional” pursuant to the pro- of the Consumer Code), specifying whether or not it in-
should not be considered in any way an expert judgement. visions of Art. 18, paragraph 1, sub-para. b) of the Consum- tends to resort to the use of such bodies to resolve the dis-
Philatelic auction: er Code (Italian Legislative Decree no. 206 of 6 September pute. Aste Bolaffi also states that a European platform for
K mint D cancelled O front cover 2005), a legal warranty of conformity will be applied to the
L hinged N fragment A letter-aerogramme I without lot awarded or sold through Aste Bolaffi under Articles 128- the on-line resolution of consumer disputes (so-called ODR
gum 135 of the Consumer Code (hereinafter “Legal Warranty”). platform) has been established. The ODR platform can be
Numismatic auction: Ac (Acmonital), Ae (Bronze), Ag (Sil- The Legal Warranty is reserved only to buyers who are viewed at the following web address http://ec.europa.eu/
ver), Al (Aluminium), An (Antimonium), Au (Gold), Ba (Bronz- natural persons and participate in the auction or sale for consumers/odr/; through the ODR platform the consumer
ital), Cn (Copper-nickel), Cu (Copper), El (Electro), It (Italma), purposes that do not fall under the categories of trade, in- user can consult the list of ADR bodies, find the link to the
M.b. (White metal), Ma (Silver-plated metal), Md (Gilded dustry, craft or other professional activities. Since all lots website of each of them and start an online resolution pro-
metal), Mi (Mixture), Ni (Nichel), Ott. (Brass), Pb (Lead), Pe are “preowned goods” pursuant to and for the purposes of cedure of the dispute in which they are involved.
(Pewter), Pl (Platinum), Sn (Tin), Zn (Zinc) Art. 134, paragraph 2, of the Consumer Code, the Seller is
Jewellery auction: Cartier Jewel. This wording implies that liable to the buyer for any lack of conformity which exists WHEN SUBMITTING ABSENTEE BID, SALEROOM BID,
in our opinion the object is, due to signatures, characteris- at the time of delivery of the product and that become ap- TELEPHONE OR ONLINE BID, THE BIDDERS CONFIRMS
tics, marks, attributable to the maison indicated. It is under- parent within 1 (one) year from the date of delivery. The lack THAT THEY HAVE READ AND ACCEPTED ALL THE TERMS
stood that any written or verbal representation provided of conformity must be reported to Aste Bolaffi or to the AND CONDITIONS OF SALE AS LISTED ABOVE.
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