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T
erms of sale
Gonnelli Casa d'Aste is a registered trademark of Libreria Antiquaria
Gonnelli Srl, based in Florence, Via Ricasoli 6-14r, registered to the
REA of Florence No. FI-44707 VAT No. IT00520660481.
1. Libreria Antiquaria Gonnelli Srl (henceforth referred to as
“Gonnelli Casa d’Aste”) in carrying out its sales activities acts as the
exclusive agent in its own name and on behalf of each Seller whose
name is transcribed in the proper registers of Public Security held
at Gonnelli Casa d’Aste.
The sale must be considered as occurring between the Seller and
Buyer (hereinafter called “Winner”); as a consequence, Gonnelli
Casa d’Aste assumes no liability beyond those in descendants from
its holding office.
2. Sales are made to the highest bidder, to be considered for cash.
3. Fees for rights to auction due to Gonnelli Casa d’Aste by the
Winner amount to 23% of the hammer price and include rights to
auction and VAT.
4. According to Legislative Decree No. 118/2006, the “Right of
Action”, i.e. the right of the living Author of figurative works and
manuscripts, or his heirs, if the Author is dead less than 70 years
before, to receive a fee calculated as a percentage on sale price of his
original works on the occasion of sales subsequent to the first. This
right will be paid by Gonnelli Casa d’Aste to SIAE under the terms
established by law.
5. The Auction will be preceded by an exhibition of the lots in which
at least one responsible from Gonnelli Casa d’Aste will be available
for any clarification. The exhibition is designed to allow a review of
the conservation status and quality of objects and clear up any errors
and/or inaccuracies in which we were incurred in the compilation of
the catalogue. The descriptions in the catalogue can be integrated at
the request of our clients through the delivery of written reports (s.c.
condition reports).
6. Any complaints about the duties listed in the catalogue and on
the quality of the lots awarded will be moved by registered mail with
return receipt to be sent no later than 10 days from the date of award.
Where the contestation is founded on the basis of documents which
in any case must be produced at the Winner’s expense, Gonnelli Casa
d’Aste will be held exclusively for the repayment of sums already
received, without interest, upon return of awarded goods without any
further obligation to compensate in any way.
7. As for auctions of books, complaints about damage to binding,
stains, moth holes, charts or tables trimmed and any other defect
which affects the completeness of the text and/or illustrative
apparatus, lack of indexes of tables, white sheets, ads supplements
and appendices following the publication of the work will not be
accepted. In addition, no complaint will be accepted on the books
not described in the catalogue. As for auctions of paintings, drawings
and prints any statement as to authorship, attribution, origin, date,
age, provenance and condition is a statement of opinion of Gonnelli
Casa d’Aste and is not to be taken as a statement of fact.
8. Those wishing to participate in an auction must first complete
and sign a registration form, indicating all their personal
information (attaching a copy of their ID card) and possibly their
bank references. These data will be treated in compliance with
current legislation on the protection of the confidentiality of
Personal Data (s.c. Privacy), as information that will be delivered
to participants. Gonnelli Casa d’Aste reserves the right to refuse
bids from persons not registered and identified, or that failed to
submit appropriate bank references. Gonnelli Casa d’Aste deemed
solely responsible for paying the Winner and transfers to third
parties of batches already awarded are not accepted. Therefore,
participation in the auction and on behalf of third parties must be
notified in advance.
Personal data given at the registration will be used for the invoice
and will be unchangeable.
9. Gonnelli Casa d’Aste may accept purchase commissions of
lots for sale on the precise mandate fully completed in each
part (written bids or telephone participations). In this case the
Auctioneer will increase the bid on the basis of instructions received.
-WrittenbidsarevalidprovidedtheyreachGonnelliCasad’Astewithin
24 hours before the auction and are sufficiently clear and complete.
- Telephone participations are valid provided they are confirmed in
writing within 24 hours before the auction.
Whilst acting with the utmost seriousness and care, Gonnelli Casa
d’Aste shall not be held responsible or liable for telephone bids that
are missed or otherwise not executed. Gonnelli Casa d’Aste disclaims
any and all liability for failure, errors and omissions in connection
with telephone bidding. The lots will be purchased at the lowest price
permitted by other bids on the same lots and the recorded reserves.
In case of tenders for the same amount, bid received first will prevail.
10. During the Auction the Auctioneer in his discretion may vary
the order of sale, match and/or separate lots, raise the biddings in
his discretion, reformulate an offer to sell for a lot if he has reason
to believe that there is a error or dispute and take any measure he
considers appropriate in the circumstances; Gonnelli Casa d’Aste
reserves, in addition, not to award and/or to withdraw the lots for
which the tender bids do not reach the minimum reserve price
agreed with the Seller.
11. Ownership of lots goes to the Winner only after payment in
full of the hammer price and the commissions for the rights of the
auction. Payment must be made in Euros and the following forms
of payment are accepted:
a) cash, for values that do not exceed 1,000 €;
b) credit card, with a planned increase of 1, 20% of the total
amount due;
c) non-transferable bank drafts made payable to
Libreria Antiquaria
Gonnelli Srl
;
d) by bank transfer to
Libreria Antiquaria Gonnelli Srl
, characterized
by the following IBAN bank account:
IBAN: IT 81 Y 03268 02800 052886559670- SWIFT: SELBIT2B
When paying by check or bank transfer, payment to be made subject
to the crediting success.
12. Payment of the total due to Gonnelli Casa d’Aste must be made
within seven days from the Award.The bidder can withdraw lots
only upon payment of the total amount due at the auction house;
partial payments are not accepted.
13. The lots purchased and paid for must be picked up or can be
dispatched within seven days. In case of shipping all costs, except for
certain insurance amounts will be at theWinner’s expense. In the event
that after the seventh day the Winner has not taken steps to withdraw
the lots, Gonnelli Casa d’Aste will be granted of all rights of custody
and it will be exempt from any liability in relation to the housing and
the possible deterioration of objects. The daily cost of storage, for
the seven days following the expiration date, amounts to 10.00 € per
day. After this period the lots will be delivered to external warehouses
with costs and risks borne by the buyer and its following billing, and
Gonnelli Casa d’Aste, being anyhow subject to compensation for
further damages, can proceed:
a) to seek enforcement of the obligation to purchase;
b) to dispose of the lot by private treaty, with the right to claim any
price differences from the Winner;
c) to sell in a next auction the goods to the detriment of the Winner,
holding as a penalty any advance payments received;
d) to act solely for the recovery of a penalty equal to 25% of the
hammer price.
14.
(TI)
: being lots marked with this symbol under the system
of temporary import on Italian territory by a foreign seller are
not subject to any restrictive measure on the part of Italian law.
For other lots, possibly subject to notification by the State, the
Winners will be bound to comply with all provisions of the January
22, 2004 Legislative Decree No. 42. The export of objects by
Winners resident and not resident in Italy will be governed by that
legislation and by the customs laws, currency and tax in force.
Gonnelli Casa d’Aste assumes neither liability to the Winners in
regards to possible restrictions on the export of the awarded lots
nor with regard to any licenses or certificates that the Winner
should obtain accordingly to Italian law. The Winner, in case
of exercising the right of first refusal on the part of the State,
can not claim from Gonnelli Casa d’Aste and/or the Auctioneer
any reimbursement of any interest on the price of the auction
commission already paid.
15. This regulation is automatically accepted by all those who
contribute to the auction, including those making written or
telephone bids. Any controversy will apply Italian law and the Court
of Florence will be exclusively responsible, without prejudice to
Gonnelli Casa d’Aste from acting before the court of the defendant.