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Sales conditions
Leggi Condizioni di vendita
Sales are made to the highest bidder. The Vincent Auction House acts as an agent with representation in its own name and on behalf of each seller, pursuant to and for the purposes of art. 1704 of the Italian Civil Code. The sale must be considered to have taken place between the seller and the buyer; it follows that the Vincent Auction House does not assume towards buyers or third parties in general other responsibilities than those deriving from its capacity as agent. The hammer blow of the Sales Manager (auctioneer) determines the conclusion of the sales contract between the seller and the buyer. It is not possible to withdraw bids made during the pre-auction, which have the same value as the offers made in the hall, and disputes are not allowed. A tender sent as well as an award cannot be contested. The Vincent Auction House will not be held responsible for inadvertently unexecuted bids or for errors related to the execution of the same.
The auction will be preceded by an exhibition of the works, during which the Director of the sale or his representatives will be available for any clarification; the exhibition aims to examine the authenticity, attribution, state of conservation, provenance, type and quality of the objects and clarify any errors or inaccuracies in which the compilation of the catalog had occurred. If it is impossible to view the objects directly, it is possible to request condition reports. The interested party in the purchase of a lot undertakes, therefore, before participating in the 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. After the award, no disputes are allowed in this regard, neither Vincent nor the seller can be held responsible for defects in the information concerning the objects at auction.
The lots auctioned are sold in the state in which they are at the time of exposure, with any related defects and imperfections such as breakages, restorations, deficiencies or replacements. These characteristics, even if not expressly indicated in the catalog, cannot be considered decisive for disputes on the sale. Antiques by their very nature may have been restored or subjected to changes of various kinds, such as over-painting: interventions of this type can never be considered hidden defects or counterfeiting of a lot.
The descriptions or illustrations of the lots contained in the catalogues, brochures and any other illustrative material are merely indicative and reflect opinions; therefore, they may be subject to revision before the lot is put up for sale. Vincent cannot be held responsible for errors and omissions relating to these descriptions, nor in the event of counterfeiting, as no implicit or explicit guarantee is provided regarding the lots at auction. In addition, the illustrations of the objects presented in the catalogs or other illustrative material have the sole purpose of identifying the lot and cannot be considered precise representations of the state of conservation of the object.
For ancient and nineteenth-century paintings, only the era in which the attributed author lived and the school to which it belonged is certified. The works of the twentieth and twenty-first centuries (modern and contemporary art) are usually accompanied by certificates of authenticity and other documentation expressly mentioned in the relevant cards. No different certificate, appraisal or opinion, requested or presented after the sale, can be asserted as a reason for contesting the authenticity of these works.
Any dispute, to be decided first of all in the scientific field between a consultant of Vincent and an expert of equal qualification designated by the customer, must be asserted in writing by registered letter with return receipt within fifteen days of the award. After this period, all liability of the Company ceases. A claim recognized as valid leads to the simple reimbursement of the sum actually paid, against the return of the work, excluding any other claim. In the event of well-founded and accepted disputes by Vincent in relation to artfully falsified objects, provided that the relevant written communication reaches the same within three months of the discovery of the defect and in any case no later than five years from the date of sale, and provided that the buyer is able to return the lot free from claims or from any claim by third parties and the lot is in the same condition in which it was located on the date of the sale, Vincent may, at its discretion, cancel the sale and disclose to the successful bidder the name of the seller, giving prior notice to the latter. In partial derogation from the above, Vincent will not reimburse the buyer if the description of the lot in the catalog conforms to the opinion generally accepted by scholars and experts at the date of sale or indicates as controversial the authenticity or attribution of the lot, as well as if on the date of publication of the lot the counterfeiting could be ascertained only by carrying out analyzes that are difficult to carry out, or whose cost was unreasonable, or which could have damaged and in any case led to a decrease in the value of the lot.
The Director of Sale may accept commissions for the purchase of works at specified prices, on a specific mandate, as well as make offers on behalf of third parties. During the auction it is possible that bids are made by telephone which are accepted at the sole discretion of Vincent and transmitted to the Director of the sale at the risk of the bidder.
Items are awarded by the Sales Manager; in the event of a dispute over an award, the disputed object is enchanted in the session itself, on the basis of the last offer collected. The same may also, at its absolute discretion and at any time during the auction: withdraw a lot, make consecutive bids or in response to other offers in the interest of the seller, until the reserve price is reached, as well as take any measure that it deems suitable for the circumstances, such as matching or separating the lots or possibly varying the order of the sale.
Before entering the room, customers who intend to compete for the award of any lot, must request the appropriate "personal number" that will be delivered by the Vincent staff upon communication by the interested party of their personal details and address, with presentation and copy of the identity document; bank references or equivalent guarantees for the payment of the hammer price and auction rights may also be requested from the same references. At the time of the award, those who have not already done so, must still communicate to Vincent their personal details and address. Vincent reserves the right to deny anyone, at its discretion, entry into its premises and participation in the auction, as well as to refuse offers from unknown or unwelcome buyers, unless a deposit is left to fully cover the price of the desired lots or other adequate guarantee is provided. Following nonpayment or delayed payment by a buyer, Vincent may refuse any offer made by the same or his representative during subsequent auctions.
To the hammer price are to be added the auction rights equal to 24% including VAT required by current legislation. Any additional charge or tax relating to the purchase will still be borne by the successful bidder. In case of participation in the auction and offers made through platforms and / or websites other than the Vincent Auction House platform, an additional commission equal to 5% on the Hammer Price will be applied and due by the Buyer, in addition to the commissions and expenses provided for in these General Conditions of Sale.
Buyers must make the payment of the lots within 5 working days from the date of the auction by:
Cash for an amount permitted by law currently in force
Italian cashier's check payable to GALLERIA VINCENT CASA D'ASTE S.r.l. subject to prior verification with the issuing institution
Bank transfer to:GALLERIA VINCENT CASA D'ASTE S.r.l.Via T. Angelini, 29 80129 NAPOLI BANCO DI NAPOLI Iban : IT10 B030 6939 9521 0000 0007 579 Bic BCITITMM
In the event of non-payment, in whole or in part, of the total amount due by the successful tenderer within this period, Vincent shall be entitled, at its discretion, to:
return the goods to the principal, requiring as a penalty by the non-purchaser the payment of the lost commissions;
act in court to obtain the enforcement of the purchase obligation;
sell the lot by private treaty or in subsequent auctions on behalf and at the expense of the successful tenderer, pursuant to art. 1515 of the Italian Civil Code, except in any case the right to compensation for damages.
After the aforementioned deadline, Vincent will in any case be exempt from any liability towards the successful tenderer in relation to any deterioration or deterioration of the objects and will have the right to be paid for each individual lot the custody rights as well as any reimbursement of costs for transport to the warehouse, as per the tariff available to applicants. Any risk for loss or damage to the awarded good will be transferred to the buyer from the moment of award. The buyer can obtain the delivery of the purchased goods only after payment to Vincent of the price and any other commission, cost or refund inherent.
For objects subject to notification by the State pursuant to Legislative Decree 22.01.2004 n. 42 (so-called Code of Cultural Heritage) and ss.mm., buyers are required to comply with all the legislative provisions in force on the subject. The successful bidder, in case of exercise of the right of pre-emption by the State, will not be able to claim from Vincent or the seller any reimbursement of any interest on the price and on the auction commissions already paid.
The export of items by buyers resident or non-resident in Italy is governed by the aforementioned legislation, as well as by the customs, currency and tax laws in force. Therefore, the export of objects whose dating dates back more than seventy years is always subject to the license of free movement issued by the competent Authority. Vincent assumes no responsibility towards the buyer for any restrictions on the export of the lots awarded, nor for any licenses or certificates that the same must obtain according to Italian legislation.
The estimated values indicated in the catalogue are expressed in euros and constitute a mere indication. These values may be equal, higher or lower than the reserve prices of the lots agreed with the principals.
These Conditions of Sale, governed by Italian law, are tacitly accepted by all parties participating in the auction procedure and remain available to anyone who requests them. For any dispute relating to the auction activity at Vincent, the exclusive jurisdiction of the Court of Naples is established.
In the event that the buyer wishes the SHIPMENT of one or more lots awarded, the conditions are as follows:
The applicant exempts the Auction House Vincent S.r.l. and the persons who work in it, from any responsibility in case of theft, loss, damage, destruction or any other harmful event that may occur during the shipment of the lots.
The applicant waives any claim or action against the Vincent S.r.l. Auction House for any delays by the Courier in the delivery of the shipment and related errors in the invoicing of the same that must be paid to the Shipping Company or to the relative Carrier at the time of delivery, except for shipments with our trusted couriers that must be paid to the Vincent S.r.l. Auction House.
For the packaging of the lots, the applicant undertakes to pay to the Vincent S.r.l. Auction House the normally required fee of € 25.00 per package. This fee may vary depending on the size and weight of the works, but will still be agreed and paid before the shipment of the same. To avoid damage during transport, the paintings will be, where present, deprived of glass when possible.
Any insurance coverage of the property on the road must be requested and agreed between the successful bidder and the carrier, without any responsibility of the Auction House Vincent S.r.l. This coverage will be the sole responsibility of the successful tenderer.
Pursuant to art. 13 D.lgs. 196/2003 (Code regarding the protection of personal data), Vincent, in its capacity as data controller, informs that the data provided will be used, by paper and electronic means, in order to fully and fully execute the purchase and sale contracts stipulated by the same company, as well as for the pursuit of any other service concerning the corporate purpose of the Galleria Vincent Casa d'Aste S.r.l. The provision of data is optional, but is strictly necessary for the execution of the contracts concluded. Registration for auctions allows Vincent to send the catalogues of subsequent auctions and other informative material relating to the activity of the same.