Purchase conditions
1. Sales are made to the highest bidder.
Arte Movi acts as agent in its own name and on behalf of each seller of the lots. The sale of each of the lots must be considered to have taken place directly between the seller and the buyer (i.e. whoever, among the subjects who have
submitted offers for the purchase of the same lot, has offered the highest hammer price and has been declared the successful bidder for the same lot); it follows that Arte Movi does not assume any direct responsibility towards buyers or third parties in general with respect to the sale of the lots, and any liability, even pursuant to articles. 1476 ff. Civil Code, continues to burden the sellers of the lots. The hammer blow of the Sales Director - so-called auctioneer - determines the conclusion of the sale contract of the lot between the seller and the buyer, as well as the buyer's obligation to pay Arte Movi the entire amount due for the award of the lot, including the hammer price and royalties auction prices provided here (see art. 13). It is expressly provided that the sale will be considered completed for all purposes and the ownership of the awarded lot will pass to the buyer only following the full payment to Arte Movi of everything due to the buyer under these conditions (except for any different provisions referred to in Legislative Decree no. 42/04, also regarding State pre-emption; please also refer to the following art. 15).
2. The lots offered for sale are to be considered as used goods supplied as antiques and as such cannot be classified as a "product" according to the definition in art. 3 letter. e) of the Consumer Code (Legislative Decree 6.09.2005 n. 206).
3. The auction will be preceded by an exhibition of the lots, during which Arte Movi (through the Sales Director or his representatives) will be available for any clarification; upon request it is possible to obtain from Arte Movi a condition report of the lot in question (this service is guaranteed exclusively for lots with an estimate exceeding €1,000). The exhibition aims to allow anyone interested in participating in the auction to carry out a careful and in-depth examination of the authenticity, state of conservation, origin, type and quality of the items, on which exclusively the bidders and the buyer assume all risks and responsibilities, also for the effects of the art. 1488, c. 2, c.c.. After the award, neither Arte Movi nor the sellers can be held responsible for any defects in the lots, relating among other things to the state of
conservation, misattribution, authenticity, provenance, weight or lack of quality of lots. To this end, the bidders and the buyer expressly renounce the guarantee referred to in the art. 1490 c.c., freeing Arte Movi from all
related responsibility; as a result, neither Arte Movi, nor its staff, collaborators and consultants will be able to issue any valid guarantee in this regard. The person interested in purchasing a lot therefore commits himself before participating
at auction, to examine it in depth, possibly also with the advice of an expert or a restorer of his trust, to ascertain all the aforementioned characteristics, assuming exclusively at his own expense any
responsibility and risk regarding the purchase and characteristics of the lot, which in the event of an award will be considered purchased as seen and liked.
The formulation of an offer for the purchase of one or more lots is valid as an express declaration by the bidder to have
examined and taken full view of the lots and to unconditionally accept any award, in the factual and legal state in which each lot is located, even regardless of the relevant description by Arte Movi.
4. The lots put up for auction are sold in the state in which they are found at the time of display, with all related defects and
imperfection such as breakages, restorations, missing items or replacements. These characteristics, even if not expressly indicated in the catalogue, cannot be considered decisive for disputes regarding the sale.
Antique goods by their very nature may have been the subject of restorations or subjected to various types of modifications, such as overpainting: interventions of this type can never be considered hidden defects or counterfeiting of a lot. As regards goods of an electrical or mechanical nature, these are not verified before sale and are purchased by the buyer at his own risk. Watch movements are to be considered non-returnable
revised.
5. Arte Movi acts as agent of the seller and is exempt from any liability regarding the
provenance and description of the lots in the catalogues, brochures, condition reports and in any other material
illustrative; these descriptions, as well as any other indication or illustration, must be considered purely indicative (for the sole purpose of identifying the lots), and not precise on the factual or legal status of the lots, nor binding for Arte Movi
(which may also be subject to review before the lot is put up for sale), and cannot generate confidence of any kind in the bidders and the buyer. Arte Movi cannot be held responsible for errors and omissions relating to such descriptions and it does not issue any guarantee (direct or indirect) regarding the state, attribution, authenticity,
origin of the lots, whose sole guarantor and liability remains solely the seller, also towards the bidders and
the buyer. As a result, the bidders and the buyer expressly exempt Arte Movi from any responsibility regarding the state, attribution, authenticity, provenance and description of the lots. In any case, if the agent's responsibility is ascertained, Arte Movi will be able to reimburse the buyer (subject to the necessary return of the lot
disputed in the same factual and legal state at the time of the award) the sole amount corresponding to that already collected by the buyer as auction fees (see art. 13) for the disputed lot, with waiver from the from now on of the buyer to any further claim against Arte Movi for any reason, and without prejudice to the right
of the buyer to act directly against the seller for greater damages and any other possible claims (to this end, upon request of the buyer, Arte Movi may provide the name and contact details of the seller).
6. For ancient and 19th century paintings, only the era in which the attributed author lived and the school to which he belonged are certified. The works of the 20th and 21st centuries (modern and contemporary art) are usually accompanied by certificates of authenticity and other documentation expressly mentioned in the relevant data sheets. No different certificate, appraisal or opinion, requested or presented after the sale has taken place, can be used as a reason for contesting the authenticity of such works. Furthermore, any dispute relating to the frames is excluded, where they are presented as
merely forming part of a painting and therefore without independent value. In these cases, every risk and danger to the
regarding and exclusively at the expense of the buyer.
7.All information on metal hallmarks, carat weight and weight of gold, diamonds and colored stones are to be considered purely indicative and approximate and Arte Movi cannot be held responsible for any errors contained in the aforementioned information and for artful forgeries of precious objects. Arte Movi does not guarantee the certificates that may be included with the jewels made by independent gemological laboratories, even if they refer to
results of such tests may be cited for information purposes to purchasers.
8. With regards to books, manuscripts, prints and other paper goods, complaints relating to damage to the
binding, stains, worm holes, trimmed papers or tables and any other defect that does not affect the completeness of the text and/or
of the illustrative apparatus; nor due to the lack of table indexes, blank sheets, insertions, supplements and the absence of the acronym "O.C." it is understood that the work has not been collected and its completeness is therefore not guaranteed.
9. Any dispute by the successful tenderers/purchasers, to be decided first of all in a scientific context between an Arte Movi consultant and an expert of equal qualification designated by the successful tenderer/purchaser, must be asserted in writing by means of a registered letter with return receipt to be received within the essential period of fifteen days from the award. Course like this
at the end of the term, all responsibility of Arte Movi will cease. A complaint recognized as valid by Arte Movi leads to
simple reimbursement by Arte Movi of the sole sum actually paid as auction fees (art.13)
by the successful tenderer/purchaser and collected by Arte Movi, against the necessary return of the disputed lot in
same state of fact and law at the time of the award, any other claims of the successful tenderer/purchaser against Arte Movi, for any reason whatsoever, being excluded and renounced as of now. It is understood that the successful tenderer/purchaser will be able to assert solely and directly against the seller any further claims and rights, including
refund of the hammer price paid (for this purpose, upon request of the buyer, Arte Movi may provide the
seller's name and contact details).
In the event of disputes founded and accepted by Arte Movi relating to artfully falsified objects, provided that the buyer is able to return the lot free from claims or any demand from third parties and the lot is in the same condition in which it was found on the date of the sale, Arte Movi may, at its discretion, cancel the sale and disclose
the name of the seller to the successful bidder who requests it, giving prior communication to the latter. Also in this case, given the necessary return of the disputed lot in the same state of fact and law as
at the time of the award, Arte Movi will return to the successful bidder only the sum actually paid as auction fees (art. 13) and collected by Arte Movi, excluding and waiving any other claims of the successful bidder towards Arte Movi. It is understood that the successful bidder will be able to assert any further claims and rights solely and directly against the seller, including the refund of the hammer price paid (to this end, upon request of the buyer, Arte Movi may provide the name and contact details of the seller). Arte Movi will not refund the buyer if the description of the lot in the catalog conforms to the generally accepted opinion of scholars and experts on the date of the sale or indicates the authenticity or attribution of the lot as controversial, as well as if on the date of publication of the lot the counterfeiting could only be ascertained by carrying out analyzes that were difficult to carry out, or whose cost was
unreasonable, or which could have damaged or otherwise led to a decrease in the value of the lot.
10. The Sales Director can accept commissions for the purchase of works at specific prices, upon specific mandate, as well as formulate offers on behalf of third parties. During the auction it is possible that offers may be made by telephone, which are accepted at the sole discretion of Arte Movi and transmitted to the Sales Director at the bidder's risk. Such
telephone connections may be recorded. In case of participation in the auction via telephone or internet, the bidders and the winning bidder exempt Arte Movi from any responsibility in the event of any technical or other problems that may not allow their full participation in the auction (for example, in case of interruptions to the
communication, line problems, unavailability - for any reason) and assume all risks regarding the possible failure to award one or more lots.
11. The lots are awarded by the Sales Director, who will have the widest and unquestionable discretion in the
management and conduct of the auction, and sold to the highest bidder, at the highest price among the offers received; in case of
dispute over an award, the disputed object is put up for auction in the same session, on the basis
of the last offer collected. Arte Movi may not proceed with the award and/or withdraw from the auction the lots for which the
best offer among those received has not at least reached the minimum reserve price agreed with the seller; in this case the lots will in any case be considered not awarded by any of the bidders. Any risk for loss or other damage to the awarded lots will pass to the buyer from the moment of the award.
The same Sales Director may also, at his absolute discretion and at any time during the auction: withdraw a lot, make consecutive bids or in response to other bids in the seller's interest until the sale price is reached.
reserve, as well as adopt any measure deemed appropriate to the circumstances, such as combining or separating the lots or possibly changing the order of the sale. In the event of a tie between a written offer and an in-room or remote offer, the written offer will be preferred; in the event of a tie between written offers, the previous one will be preferred.
Should a remote bid be received substantially simultaneously with the hammer blow and/or the awarding of a lot, also in consideration of the possible technical delay that may result from remote participation in the auction, the Sales Director may revoke any previous award, reopen the auction and proceed with the new award of the lot in question.
12. To participate in the auction, interested parties must register in advance (within 5 hours before the start of the auction; or, only for those who will be present in the auction room during the sale, up to 1 hour before the beginning of the auction) fill in, sign and deliver to Arte Movi the so-called offer sheet (also present in the catalogue
of the auction, on the Arte Movi website and at the premises where the auction will take place), also attaching a valid identity document.
By signing the offer form, participants in the auction irrevocably undertake to purchase the lots indicated at the price offered and also expressly accept the content of these Conditions of Sale, without any reservations.
On the day of the auction, before entering the room, customers who intend to bid for any lot,
they will have to request the appropriate "personal number" which will be delivered by the Arte Movi staff beforehand
communication by the interested party of his/her personal details and address, with presentation and copy of the identity document; bank references or equivalent guarantees may also be requested from the same for the payment of the hammer price and auction fees. At the time of the award, anyone who has not already done so must
however, communicate your personal details and address to Arte Movi. Arte Movi reserves the unilateral right and
unquestionable to deny anyone, at its own discretion, entry into its premises and/or participation in the auction, as well as to refuse offers from subjects not already known to Arte Movi who are not welcome (by this also meaning anyone who has already participated in an Arte Movi auction has delayed or failed to pay the amount due following
award); Arte Movi may, in this case, evaluate participation in the auction if an adequate deposit is left to fully cover the price of the lots subject to interest or other adequate guarantee or proof of the necessary funds is provided.
Following non-payment or delayed payment by a bidder, Arte Movi may refuse any bid made by the bidder or his representative during subsequent auctions.
13. For each individual lot awarded, the successful bidder must pay Arte Movi both the hammer price of the lot and auction fees (including VAT, where required by law) equal to:
(I) 28% for the part of the price up to €5,000.00; (II) 25% for the part of the price exceeding €5,000.00 and up to
reaching €200,000.00; (III) 20% for the part of the price exceeding €200,000.00. The successful bidder will also be required to pay Arte Movi any additional charges and expenses, where provided for in these Conditions of Sale.
14. The buyer must complete the entire payment due to Arte Movi, before being able to collect the awarded lots, no later than the essential deadline of seven days from the award (a deadline which will remain suspended, in cases where
applicable Legislative Decree. n. 42/2004, Cultural Heritage Code, for the duration of the law regarding pre-emption; v. following art.15). The collection of the awarded lots must be carried out within the essential period of two weeks following the
award (term which will remain suspended, in cases where Legislative Decree no. 42/2004, Code of Cultural Heritage is applicable, for the duration of the law regarding pre-emption; see subsequent art. 15), it being understood that the buyer will be able to obtain delivery of the awarded lots only following exact and complete payment to Arte Movi of the total amount due and foreseen for any reason by these Conditions of Sale.
In case of non-payment, in whole or in part, of the total amount due by the successful tenderer by the already
mentioned deadline, the lots will not be delivered to the successful bidder and Arte Movi will have the right, at its discretion, to:
a) resolve the award and sale of the corresponding Lots, pursuant to and for the purposes of art. 1456
c.c., and return the goods to the sender; in this case the successful bidder will have to pay Arte Movi, as a penalty, the amount corresponding to the auction fees referred to in the above art. 13 calculated on the hammer price, except for any additional damage; or
b) take legal action to obtain the compulsory execution of the obligation to purchase the awarded lot and pay in favor of Arte Movi; or
c) sell the lot through private negotiation or in subsequent auctions, on behalf and at the expense of the successful bidder, pursuant to art. 1515 cod. civil code, being satisfied with the future sales price, without prejudice in any case to the right to payment of any additional credit and compensation for damages. Once the above deadlines have elapsed without full compliance by the successful tenderer, Arte Movi will in any case be exonerated from any liability towards the successful tenderer in the event of loss, damage or theft.
(total or partial) of the awarded lot subsequent to the aforementioned deadlines, the successful tenderer hereby renouncing
any rights and claims towards Arte Movi. In any case, Arte Movi will be entitled to payment by the successful bidder, for each individual lot, of the related storage fees, in addition to any reimbursement of transport and warehouse costs, as per the price list available to applicants.
15. Each buyer will be required, for the lots subjected to the declaration of cultural interest procedure (so-called
"notification") pursuant to articles. 13 et seq. Legislative Decree n. 42/2004 (Cultural Heritage Code) or to the precautionary regime following the start of the
"notification" procedure (articles 14 et seq. Legislative Decree no. 42/04), in compliance with all the provisions of the Property Code
Cultural and any other regulations applicable also in customs, currency and tax matters. It is exclusive burden
of the buyer to verify any restrictions on circulation (including internal) and/or export of the awarded lots, or any licenses/certificates required by law or equivalent qualifications (issued or to be issued), with express exemption from any obligation and /or responsibility of Arte Movi.
Arte Movi will communicate any lots subject to temporary importation into Italian territory by a
foreign seller.
In case of exercise of the right of pre-emption pursuant to articles. 60 and following, Legislative Decree. n. 42/2004, or compulsory purchase pursuant to art. 70 of the same law, the successful bidder will not be able to claim anything, for any reason, from Arte Movi and/or the seller.
In case of forced purchase pursuant to art. 70 Legislative Decree. n. 42/2004, the right of the Auction House to obtain payment of the auction fees from the successful bidder will remain unchanged and unaffected.
Some lots may have already been the subject of a declaration of cultural interest by the Ministry of Cultural Heritage and Activities and Tourism pursuant to art. 13 of the Cultural Heritage Code. In that case or in case in
in relation to the lots, the procedure for declaration of cultural interest has been initiated pursuant to art. 14 of the Code of Cultural Heritage - Art Movi will communicate in the catalog and/or through an announcement from the Director of the sale before the lots in question are offered for sale. In the event that the lots have been the subject of a declaration of cultural interest or the initiation of the declaration of cultural interest procedure prior to the award, the seller
will report the sale to the competent Ministry pursuant to art.59 of the Cultural Heritage Code. The sale of the lots, in the case of "notified" goods, will be conditional on the failure of the competent Ministry to exercise the right of pre-emption within the legal deadline (sixty days from the date of receipt of the notification, or over the deadline of one hundred and eighty days referred to in the art. 61 paragraph II of the Cultural Heritage Code). Pending the deadline for
the exercise of pre-emption, the lots cannot be delivered to the buyer based on the provisions of the art. 61 of the Cultural Heritage Code. In any case, it is understood that any declaration of cultural interest (or even just the initiation of the relevant procedure) which may occur subsequent to the time of the award cannot invalidate or invalidate the award, nor the obligation to pay in favor of of Arte Movi, nor in general the sale of the awarded lots. The shipment of lots abroad is subject to obtaining a certificate of free circulation or a declaration of value (so-called DVAL), on the basis of the Cultural Heritage Code and subsequent provisions, where applicable.
Obtaining the documents necessary for the export of lots is the sole responsibility of the buyer. In any case Arte Movi will not be held responsible for any sort of problem inherent to the procedure
export, including the delay or denial of obtaining the necessary documentation for the export of the Lots, the timing and assessments of which depend exclusively on the competent Export Office.
Arte Movi assumes no responsibility towards the buyer regarding any restrictions on the export of the awarded lots, nor regarding any procedures, licenses or certificates that the same must obtain based on the Italian legislation.
16. Customers undertake to provide a copy of their identity document and all necessary information
updated to allow Arte Movi to fulfill its customer due diligence obligations, pursuant to and for
effects of the art. 22 Legislative Decree. n. 231/2007 (Anti-Money Laundering Decree).
The completion of the operations will be subject to the release by the customers of the information requested
the fulfillment of the aforementioned obligations. As required by the art. 42 Legislative Decree. n. 231/07, therefore, Arte Movi reserves the right to abstain and not conclude the operation in the event of objective impossibility of carrying out adequate customer verification.
17. For each lot containing materials belonging to protected species such as, for example, coral, ivory, turtle,
crocodile, whale bones, rhino horns, etc., a CITES export license issued by the Ministry of the Environment and Land Protection is required.
Potential buyers are invited to inquire in the country of destination about the laws regulating such imports.
18. The resale right will be borne by the seller pursuant to art. 152 of Law 22.04.1941 n. 633 as replaced by art. 10 of the Legislative Decree. 13.02.2006 n. 118, where applicable.
19. The estimated values ??indicated in the catalog are expressed in euros and constitute a mere indication and cannot
determine any confidence in the bidders and successful tenderers. These values ??may be equal to, higher than or lower than the reserve prices of the lots agreed with the sellers.
20. These Conditions of Sale are governed by Italian law and are accepted in full, without any
reserve, by all subjects participating in the auction (even remotely, via telephone, via internet, via
applications). In the event of translation of the Conditions of Sale into another language, the Conditions of Sale in the Italian text will prevail and remain valid and binding.
Any dispute relating to the auction sales activity at Arte Movi is settled with the competent bodies.
21. The data provided by those who will participate in the auction are processed in accordance with current legislation on the protection of the confidentiality of personal data (so-called Privacy), as per the specific information released by Arte Movi. Pursuant to art. 13 of EU regulation 679/2016 (GDPR), Arte Movi in ??its capacity as data controller, informs that the data provided
will be used with paper and electronic means, in order to fully and integrally execute the contractual obligations between the parties, the sales contracts stipulated by the company itself, as well as for the pursuit of any other service inherent to the corporate purpose of Arte Movi. To execute the contracts, the provision of data is mandatory, while for other purposes it is optional and will be requested with appropriate methods.
To view the extended information, please refer to the privacy policy on the website
www.artemovi-auctions.com. Registration for auctions could allow Arte Movi - unless interested parties opt out - to send catalogs of subsequent auctions and other information material relating to its activities.
22. Any communication relating to the sale must be made by certified email or registered letter with return receipt. addressed to Arte Movi, via Leone Pancaldo, 68 - 37138 Verona (VR).
Article 10 - C.I.T.E.S Regulation (Council Regulation (EC) No 338/97)
With reference to the finds consisting in part or in whole of materials belonging to the species of fauna and flora threatened with extinction protected by the Washington Convention on International Trade (C.I.T.E. S.), the finds covered by the
this mandate will be subject to verification of the documentation provided by the contractor and/or the release of the pre-CITES appraisal and/or certificate, which will be provided or requested in the name and on behalf of the contractor.
In the absence of the necessary documentation they will not be offered for sale.
(Article 8 of Reg.338/1997 - Provisions relating to the control of commercial activities provides in fact in art. 1: "The purchase, offer to purchase, acquisition in any form for commercial purposes, public display for commercial purposes, use for profit and alienation, as well as the possession, offering or transport for alienation purposes, of specimens of the species covered by the aforementioned Regulation."
