Our auctions are held online. Buyers are advised to carefully read this section containing the general conditions of sale and important information regarding the goods offered for sale at auction by the Mercatino del Gioiello auction house.
- INTRODUCTION These conditions of sale, governed by Italian law, are tacitly, fully and unconditionally accepted by all parties participating in the auction procedure and can be immediately consulted for anyone who requests them.
- THE AUCTION HOUSE The Mercatino del Gioiello auction house acts in the name and in the interest of each seller, whose name is transcribed in special registers of P.S. at the Jewelery Market Auction House. The relationship between the Mercatino del Gioiello auction house and the seller is governed by the legislation referred to in Articles 1704 and 1387 of the Italian Civil Code (mandate contract with representation), for which the Mercatino del Gioiello auction house proceeds with the sale of the goods, following an auction, against a regular mandate to sell. The effects of the sale are governed pursuant to and by effect of articles 1372 of the Italian Civil Code and 1470 ff. of the Italian Civil Code, especially with regard to the seller’s obligations (articles 1476 and following of the Italian Civil Code), to those of the buyer (articles 1498-1499 of the Italian Civil Code), binding only for the latter; as a result, the Mercatino del Gioiello auction house does not assume any responsibility towards buyers and third parties other than those relating to the mandate agreement.
- GOODS FOR SALE The goods offered for sale do not fall within the meaning of art. 3 lett. e) of Legislative Decree 6 September 2005 n. 206, in the definition of “product” referred to in the consumer code. In particular, antiques may be subject to restoration or subject to modifications (eg painting): these interventions cannot be considered “hidden defects” or “counterfeiting”.
- EXHIBITION OF THE GOODS AT AUCTION The auction is preceded by an exhibition, where all the works for sale can be viewed for free on the days indicated on the site of the Jewelery Market Auction House. Potential buyers are strongly advised to view the works during the exhibition periods, in order to ascertain their state in use and quality, including authenticity, the level of conservation and in order to be able to clarify any errors that may have occurred. in the wording of the catalog. The interested party in the purchase of a lot undertakes, at a time prior to his participation in the auction, to examine the property, possibly also with the advice of a trusted expert and at his own expense, to accept all the characteristics. In this regard, no disputes are allowed after the auction has been awarded.
- IDENTIFICATIONS OF THE PROBABLE BUYER It is required, by law, the identification of the probable buyer through the compilation of forms participating in the auction, in which personal data must be entered (general information, address of residence, with exhibition and copy of identity document, tax code and bank references); this registration will be followed by the assignment of a “participant number” for the auction results. Such data, if not provided before the start of the auction, must in any case be communicated to the Mer-catino del Gioiello auction house at the time of the award.
- PARTICIPATION IN THE AUCTION Participation in the auction can take place through the website or through written offers. For the latter in this regard, for written offers it will be necessary, after completing the appropriate form on the website www.astemercatinodelgioiello.it, to send it by electronic mail to [email protected] at least two hours before the start of the auction.
- OFFERS The offers are to be understood net of auction fees and tax charges provided for by current legislation. In the event of an equal amount awarded, in the case of two identical written bids, the bid whose deposit is previous will be considered successful. The service provided by the Mercatino del Gioiello auction house is aimed at the execution of written bids and does not constitute an obligation pursuant to and for the purposes of Articles 1173 ff. and art. 1218 of the Italian Civil Code This service, therefore, is to be understood free of charge. No responsibility can be charged to the Mercatino del Gioiello auction house for the non-execution or incorrect execution of bids received in writing, if due to force majeure or unforeseeable circumstances or causes not attributable to the diligence of the House of ‘Jewelery Market auctions.
- RIGHT OF SALE The Jewelery Market Auction House may offer items for sale individually or grouped into lots; the choice of the method of sale is up to the Mercatino del Gioiello auction house, which has the widest facility to combine or separate the lots and to vary the order of the sale. This choice is final. The Mercatino del Gioiello auction house reserves the right to withdraw any item from the auction, single or in lots.
- RIGHT TO DENY The Mercatino del Gioiello auction house reserves the right to refuse, at its discretion, entry into its premises and participation in the auction, as well as the right to refuse offers from buyers. not known or unwelcome.
- SALE The sale is made to the highest bidder and the award of the good is up to the auctioneer; the hammer blow of the latter determines the moment of conclusion of the sales contract between the seller and the buyer. The lots sold will be invoiced to the name and address issued at the time of assignment of the participation number (registration). In the event of a dispute over an award, the disputed object is put up for auction in the same session, on the basis of the latest offer collected. The dispute must be immediate; otherwise, it is considered not to have been carried out.
- EXPORT The export of objects by resident or non-resident buyers in Italy is governed by the aforementioned legislation, as well as by customs, currency and tax laws in force on the subject. For batches of temporary importation from non-EU countries, the successful bidder will have to pay, in addition to the aforementioned sum, any other consequent tax and reimbursement of the expenses that have become necessary in order to transform the import from temporary to definitive. We also remind you that invoicing must be requested before making the payment.
- AUCTION RIGHTS The successful bidder is required to pay the Mercatino del Gioiello auction house an amount equal to 20%, relating to the auction rights, to be calculated on the hammer price including VAT. Any additional charge or tax relating to the purchase will in any case be borne by the successful bidder.
- PAYMENTS The remaining part of the sum must be paid no later than 5 working days, starting from the day on which the auction is declared closed. In the calculation of the aforementioned term, the day of conclusion of the auction is not considered. In the event of non-payment, if the buyer fails to pay the amount due within 5 working days, the sale will be automatically canceled. The Mercatino del Gioiello auction house may return the asset to the principal or sell the lot in private negotiation or in subsequent auctions. The right of the Jewelery Market Auction House to pay commissions and related expenses is reserved; this right may be asserted against the failed buyer, also by virtue of forced execution, pursuant to art. 474, paragraph 2, n. 2 of the Code of Civil Procedure, through the notice referred to in art. 480 c.p.c. and for the purposes of Articles 483 and following of the Code of Civil Procedure.
- TRANSPORT:
a) WITHDRAWAL OF THE GOODS In the event that the purchaser intends to personally collect the purchased goods, he must carry it out at his own care, risk and expense with the use of personnel and adequate means, under his own responsibility, no later than 15 working days from the date of the auction. The delivery of the goods may only take place upon payment to the Mercatino del Gioiello auction house of the price and any other inherent commission, cost or reimbursement. The Mercatino del Gioiello auction house avails itself of the right to transfer the uncollected goods to storage depots with the related warehouse and transport costs to be borne by the successful bidder.
b) SHIPPING OF LOTS The staff of the Mercatino del Gioiello auction house will be happy to take care of the shipment of the lots on the basis of a written agreement reached with the buyer and according to the indications contained therein. The Mercatino del Gioiello auction house may proceed with the aforementioned shipment upon payment of the entire sum by the buyer. No responsibility can be assumed by the Jewelery Market Auction House for non-receipt or for any damage occurring during the transport phase. Shipping costs will be borne by the buyer. The staff of the Mercatino del Gioiello auction house is available for evaluations and advice on all methods of shipping and insurance of the lots.
c) TRANSPORT COSTS € 20 Italy, € 40 E.U., € 80 other countries outside the E.U.
d) CUSTOMS TAXES Any costs or charges, such as customs or import duties, customs clearance and handling, remain the responsibility of the buyer. - START OF THE WITHDRAWAL TERMS Once the terms referred to in points nn. 13 and 14, any risk for loss or damage to the awarded property will be transferred to the buyer at the time of the award. In the event of failure to comply with the terms of payment and collection of the lots, no liability will be held by the Jewelery Market Auction House towards the successful bidder in relation to the custody, any deterioration or deterioration of the objects. In this regard, the Mercatino del Gioiello auction house will be entitled to reimbursement of insurance costs, transport costs and those relating to storage at the warehouse, as indicated below. This right may be asserted, also through compulsory execution, against the buyer who has not collected the purchased goods or who has done so late. In particular, in case of collection of the purchased lots after the deadline referred to in point n. 14, the Mercatino del Gioiello auction house reserves the right to charge storage costs (per month or fraction of a month), as listed below:
€ 100 + VAT for furniture, € 50 + VAT for paintings and carpets, € 25 + VAT for art objects, silver and jewelery. - PAYMENT FACILITIES Buyers can ask the management for payment facilities. The Mercatino del Gioiello auction house has the right, subject to indication by the potential buyer to the management and after agreement with the seller, to grant buyers who it deems reliable the possibility of paying for the lots purchased in deferred intervals. The shipment will take place after the last payment has been made. These situations will be carefully evaluated by the Jewelery Market Auction House and granted with the utmost confidentiality.
- METHOD OF PAYMENT Buyers must pay for the lots by bank transfer to the coordinates that will be indicated.
- GUARANTEE AND LIABILITY No implicit or explicit guarantee is provided by the Mercatino del Gioiello auction house in relation to the lots put up for auction. No responsibility arises on the part of the Mercatino del Gioiello auction house with regard to the authenticity and attribution of the goods at auction. The latter are to be considered as a personal opinion of experts or scholars possibly consulted, at the expense of the potential buyer, and not as a fact. Each assertion relating to the author, attribution of the work, date, origin, provenance and what is described and illustrated in the catalogs are purely indicative and reflect opinions. In particular, the possible presence of a certificate of authenticity for paintings, pictures and sculptures will be specified in the catalog. All objects, therefore, are sold “as seen”. All lots containing electrical or mechanical components are offered for sale as “to be fully revised”; we remind you of the need, before using these lots, to have expert and trusted personnel check the correct functioning of all the electrical and mechanical parts.
- CHANGES TO THE ESTIMATE OF THE SELLING PRICE The estimates relating to the basic selling price, shown under the description of each item in the catalog, are to be understood net of any other accessory charges (auction fees, taxes and so on), with the possibility of change, also as regards the description, due to the printing times of the catalog. The Mercatino del Gioiello auction house will promptly communicate, through the auctioneer and before the start of the auction, any changes relating to the individual asset concerned.
- LEGISLATIVE PROVISIONS Buyers are required to comply with all laws and regulations in force relating to objects subject to notification, with particular reference to Legislative Decree no. 490 of 29.10.1999 and the so-called cultural heritage code (legislative decree n. 42 of 22.01.2004) (T. U. legislative provisions on cultural and environmental heritage). The export of objects is governed by the aforementioned legislation and by the customs tax laws in force. In particular, the successful bidder will not be able to claim any reimbursement of any interest on the price and auction fees already paid.
- RIGHT OF FOLLOW-UP The so-called “Resale right” (droit de suite) is charged to the seller pursuant to and for the purposes of art. 152 of the l. 22.04.1941 n. 633 as replaced by art. 10 of the lgs n. 118 of 13.02.2006, relating to the right of the author of a work of art. In particular, the resale right means the right of the author (living or deceased for less than 70 years) of works of figurative arts or manuscripts to receive a percentage on the price of the originals on the occasion of subsequent sales. The amount to be paid relating to the right in question is predetermined as follows:
4% for the part of the sale price between € 0.00 and € 50,000.00;
3% for the part of the sale price between € 50,000.01 and 200,000.00;
1% for the part of the sale price between € 200,000.01 and 350,000.00;
0.50% for the part of the sale price between € 350,000.01 and € 500,000.00;
0.25% for the part of the sale price over € 500,000.00.However, the total amount of the fee may not exceed € 12,500.00 for each lot. - COMMUNICATIONS AND COMPLAINTS Any communication concerning the sale must be made by registered letter with return receipt or by certified e-mail [email protected]. Any complaint may be filed and sent to the Mercatino del Gioiello auction house, under penalty of forfeiture, no later than 10 days after the award. In the event of acceptance of the complaint received in deadline, the sum paid by the buyer will be refunded, without further additions relating to interest or other reasons relating to the acceptance of the complaint and, therefore, silencing any claim. After this deadline, no responsibility can be charged to the Jewelery Market Auction House. In particular, in the event of disputes revealed to be founded and accepted by the Mercatino del Gioiello auction house, regarding the sale of artfully counterfeited objects, the Mercatino del Gioiello auction house may declare the sale null and void and, if requested, reveal the name of the seller to the successful bidder.
- DATA PROCESSING The processing of personal data referred to in d. lgs. 196/03 is authorized during the registration phase in order to participate in the auction. Such treatment by the Mercatino del Gioiello auction house will be in compliance with the provisions of the aforementioned code. The data is processed in an automated form for the sole purpose of providing the service in question, or other service inherent to the corporate purpose of the company, in the manner strictly necessary for the purpose. The disclosure of data is prohibited, except for the hypothesis referred to in paragraph 2 of art. 25 of Legislative Decree 196/03. Participation in the auction allows the Mercatino del Gioiello auction house to send participants copies of the catalogs of subsequent other auctions, unless otherwise requested.
- DISCLAIMER OF LIABILITY The Mercatino del Gioiello auction house cannot be held responsible for improper use of the lots sold or for failure to comply with the warnings.
- JURISDICTION The jurisdiction relating to any dispute in which these conditions are asserted belongs to the Court of Ascoli Piceno.
