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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 25% of the hammer price up to 100.000 € and
22% from 100.000 € and over and include rights to auction and
VAT. Fees for rights to auction due to Gonnelli Casa d’Aste by the
LiveAuctioneers and Invaluable Winner amount to 26% 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 royalty is asked to the seller and is 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.
- Written bids are valid provided they reach Gonnelli Casa d’Aste within
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 3,000 €;
b) credit card, with a planned increase of 1,50% 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 the Winner’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.