Page 161 - Asta di Artre moderna e contemporanea - Aste Bolaffi

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