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Condition of sale
The following translation is for courtesy purpose only; for any inconsistency, the Italian version shall prevail.
All the auctions are subject to the condition of sale printed in the catalogue . Fidesarte strongly recommends the Bidders to read carefully this section, as it contains the purchase conditions of all properties in auction.
Fidesarte Italia S.r.l. (hereinafter referred to as "Fidesarte") Acts as an agent on an exclusive basis in its name but on behalf of each seller, according to article 1704 of the Italian Civil Code. Sales shall be deemed concluded directly between the seller and the buyer; it follows that Fidesarte does not take responsibility towards the buyer or other people, except for those concerning its agent activity.
Clients who intend to offer bids during the auction must request a "bidder paddles" from the staff of Fidesarte and this number will be given to the client upon presentation of IDs, current address and, possibly, bank references or equivalent guarantees for the payment of the hammered price plus commission and/or expenses. Buyers who might not have provided ID and current address earlier must do so immediately after a knock down. Lots are knocked down at the highest bidder. Personal number cards must be returned back to Fidesarte staff at the end of the auction. Partecipation in the saleroom: Fidesarte reserves the right to request information from the participants in the bidding as regards their identity and bank references.
Fidesarte may accept absentee and telephone bids for the objects on sale on behalf of persons who are unable to attend the auction. Partecipation by correspondence, phone or online require submitting undersigned Bidding Form prior to the beginning of the Auction. The participant agrees to participate in the auction referred to and undertakes to pay the purchase price hammered if his/her offer(s) should be successfull . The starting price is the price indicated as base price, unless different, higher offers have been received, in which case the starting price will be that of the increment subsequent to the to the next to last offer. In case of identical commission bids, the first to arrive will receive precedence, and in any case take precedence over equal offers the one made in the saleroom (at the sole and incontestable Auctioneer's discretion). A bid place in the salesroom will always prevail over an absentee bid.
The request for phone bidding will be accepted only if submitted in writing at least 24 hours before the beginning of the sale. This service is available only for lots with base base equal or greater the € 1000. In order to phone bidding, bidder will be required to confirm base price or to place a maximum bid.
Pre registration at www.fidesarte.it is needed. Bidders need to follow instruction on registration process then need to provide us with ID or passport copy. Bidders will be given a username and password in order to log in and have access to MY FIDESARTE.
Bidders can follow and bid online; pre registration is needed at www.fidesarte.it. Fidesarte cannot be held responsible for any possible mistakes in managing absentee or telephone bids. Fidesarte has no liability toward those who participate in the auction by phone or online in case of failure to participate due to possible problems that may occur during the auction or prior to the phone and/or internet connection.
The purchaser will pay for each lot an auction fee including V.A.T equivalent to 23% of the hammer price (buyer's premium). Hammered lots shall be paid and collected from the buyer within 7 days from the day of the auction. Fidesarte shall be entitled not to delivered lots which has not been fully paid. If buyer fails to do so, please refer to nr. 6 of condition of sale.
Fidesarte may accept a partial payment but residual balance must be settled within 48 hours.
After the late or nonpayment from a purchaser, Fidesarte shall be entitled to ask for a 20% fee amount on hammer price and buyers premium, plus any other costs included, with the right of the compensation for any damage arising from non-fulfilment. If the buyer fails to make payment within terms Fidesarte shall be entiltled to rescind the sale by giving prior notice to the purchase.
In case of total or partial nonpayment of the due amount due, Fidesarte shall be entitled to return the good to the seller and demand from the buyer the payment of the lost commission, keeping what has already being paid as compensation for damages. Purchased lots must be paid and collected within 48 hours. If buyers fails to do so, Fidesarte shall be entitled to ask for storage charges and will be exempt from any liability for storage or possible damage to sold object. Daily storage fee is € 5/day.
The lots paid for following the aforementioned procedures must be collected immediately, unless other agreements have been taken with the auction house. Fidesarte may, following the precise, written indications of the Purchaser, attend to the packing and shipping of the lots at the Purchaser's risk and expense.
Before the beginning of the auction, an exposition of the items will take place, during which the Auctioneer and his repre- sentatives will be available for any clarifications. The purpose of this exposition is to allow a thorough evaluation of authenticity, attribution, condition, provenance, origin, date, age, type and quality of the lots to be auctioned and to clarify any possible typographical error or inaccuracy in the catalogue.
If unable to take direct vision of the objects is possible to request condition report.
The person interested in buying something, commits himself, before taking part to the action, to analyze it in depth, even with the help of his own expert or restorer, to be sure of all the above mentioned characteristics.
No claim will be accepted by Fidesarte after the sale, nor Fidesarte nor the seller will be held responsible for any defect concerning the information of the objects for sale.
Any dispute regarding the hammered objects will be decided upon between experts of Fidesarte and party involved and must be submitted within 8 days from auction date. Fidesarte will decline any responsibility after this period.
The objects of the auction are sold in the conditions in which they are during the exposition, with all the possible defects and imperfections such as any cracks, restoration, omissions or substitutions. These characteristics, even if not expressly stated in the catalog, cannot be considered determinants for disputes on the sale. The lots are sold "as is". Catalogue descriptions as well as any other indication or illustration regarding the lots, are purely statements of opinion and are not to be relied upon as statements of warranty. Fidesarte staff will not be responsible for any discrepancy or mistakes on the descriptions of the lots. Potential buyers are encouraged to inspect the lots in person during the pre-auction viewing in order to assess their authenticity, preservation, provenance, quality and any defects. Claim will be accepted only within 21 days after the days of the auction. A complaint that is deemed legitimate will lead simply to a re-fund of the amount paid, only upon the return of the item, excluding any other pretence of expectation. If the Buyers, within same terms, has notified Fidesarte in writing that he/she has ground s for believing that the lot concerned is a fake, Fidesarte shall be entitled, in its sole discretion, to cancel the sale and disclose to the buyer the name of the seller, giving prior notice to him. Making an exception to the conditions above mentioned, Fidesarte will not refund the buyer if the description of the object in the catalogue was in accordance with the opinion generally accepted by scholars and experts at the time of the sale.
Purchaser must observe all legislative measures and regulations currently in force regarding notified objects, with reference to Law n. 1089 dated 1st June 1939. The exportation of objects is determined by the aforementioned regulation and by the customs and taxation laws in force. Lots with symbol (*) have been entrusted by Consignors subject to V.A.T. and are therefore subject to V.A.T. as follow: 22% payable on the hammer price and 22% on the final price.
Resale royalties "Droit de Suite" legal obligations concerning the Droit de Suite (d.lgs 118 of 13/02/06) are accomplished by the Seller.
By submitting a purchase order or bidding in the saleroom, the buyer fully accept all the conditions of sale detailed above and special notices. Any dispute arising in relation with these general conditions and special notices shall be submitted to the exclusive jurisdiction of the Court of Venice.
Storage and shipment
Until the full price has been paid, lots are held in storage at Fidesarte. On request, after complete payment has been made, lots can be shipped by courier at the risk and expense of the Buyer. The possible export duties are also to be charged to Buyer. The buyer will be required to pay all costs upon receipt of the invoice. Standard package costs is € 15. Special package will be quoted upon request.
The payment of the lots knocked down must be done within 7 days from the date of the auction by:
cash until € 2.999,00
bank draft to Fidesarte Italia srl
bank transfer to:
Filiale di Mestre, Piazzetta Matter 2
IBAN: IT17 Y030 6902 1181 0000 0014 450
Owner's account Fidesarte Italia S.r.l.
Hammer price and buyer's premium
The hammer price is the price of adjudication. The purchaser will pay for each lot an auction fee including V.A.T. equivalent to 28%.