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Sales conditions

  1. Sales are made to the highest bidder. The Auction House Vincent acts as agent with representation in its own name and on behalf of each seller, pursuant to and by effect of art. 1704 cod. civ .. The sale must be considered between the seller and the buyer; it follows that the Vincent Auction House does not take on any other responsibility towards buyers or third parties other than those deriving from its capacity as agent. The hammer blow of the Sales Director (auctioneer) determines the conclusion of the sales contract between the seller and the buyer. It is not possible to withdraw offers made during the pre-auction, which have the same value of the offers made in the room, and no disputes are allowed. An offer sent as well as an award can not be contested. The Vincent Auction House will not be held responsible for inadvertently not executed offers or errors related to the execution of the offers.
  2. The auction will be preceded by an exhibition of the works, during which the Sales Director or his representatives will be available for any clarification; the exhibition aims to examine the authenticity, attribution, conservation status, provenance, type and quality of the objects and clarify any errors or inaccuracies in which the catalog was compiled. It is possible to request condition reports if it is not possible to take a direct view of the objects. The person interested in buying a lot commits himself, before participating in the auction, to examine it in depth, possibly even with the advice of an expert or a restorer of his trust, to ascertain all the aforesaid characteristics. After the awarding, no complaints are admitted in this regard, neither the Vincent nor the seller will be held responsible for the defects concerning the information concerning the items at auction.
  3. he lots placed in auction are sold in the state in which they are at the time of exposure, with any related defect and imperfection such as breakages, restorations, deficiencies or substitutions. These characteristics, even if not expressly indicated in the catalog, can not be considered decisive for disputes over the sale. Antiques by their very nature may have been restored or subjected to changes of various kinds, such as over-filling: interventions of this type can never be considered hidden defects or counterfeits of a lot.
  4. The descriptions or illustrations of the lots contained in the catalogs, brochures and any other illustrative material are merely indicative and reflect opinions, therefore they may be revised before the lot is put on sale. Vincent can not be held responsible for errors or omissions relating to such descriptions, nor in the event of counterfeiting, as no implicit or explicit warranty is given regarding the lots in auction. Furthermore, the illustrations of the objects presented in the catalogs or other illustrative material are used exclusively to identify the lot and can not be considered precise representations of the state of conservation of the object.
  5. For ancient and nineteenth-century paintings, only the epoch in which the attributed author has 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 sheets. No different certificate, appraisal or opinion, required or presented for sale, may be asserted as a reason for contesting the authenticity of such works.
  6. Any dispute, to be decided first in the scientific forum between a consultant of Vincent and an expert of equal qualification designated by the client, must be asserted in writing by registered letter with return receipt within fifteen days from the award. Once this term expires, all liability of the Company ceases. A valid recognized claim leads to the simple repayment of the sum actually paid, in return for the return of the work, excluding any other claim. In case of claims founded and accepted by Vincent regarding objects falsified to art, as long as the relative written communication arrives to the same within three months from the discovery of the defect and in any case no later than five years from the date of sale, and always that the buyer is able to return the free lot from claims or from any claim by third parties and the lot is in the same condition as it was at the date of sale, Vincent will, at its discretion, cancel the sale and reveal to the successful tenderer that the seller's name requires it, giving prior notice to the latter. In partial exemption from the above, Vincent will not reimburse the purchaser if the description of the lot in the catalog complies with the opinion generally accepted by scholars and experts at the date of sale or indicates as controversial the authenticity or attribution of the batch, as well as if at the date of publication of the lot the counterfeiting could be ascertained only by carrying out analyzes which were difficult to do, or whose cost was unreasonable, or which could have damaged and in any case resulted in a decrease in the value of the lot.
  7. he Sales Manager can accept commissions for the purchase of works at specified prices, on a specific mandate, as well as to make offers for third parties. During the auction it is possible that offers are made by telephone which are accepted at the sole discretion of Vincent and transmitted to the Director of the sale at risk of the bidder.
  8. The objects are awarded by the Sales Director; in the event of a dispute over an award, the disputed item is returned to auction at the same time, on the basis of the last bid received. The same may also, at its absolute discretion and at any time of the auction: withdraw a lot, make consecutive offers or in response to other offers in the interest of the seller, until the reserve price is reached, as well as take any measures that it deems suitable for circumstances, how to combine or separate lots or possibly change the order of sale.
  9. Before entering the hall, customers who intend to compete for the award of any lot, must request the appropriate "personal number" that will be delivered by Vincent staff upon notice by the person concerned of their personal details and address, with exhibition and copy of the identity document; the same bank references or equivalent guarantees for the payment of the hammer price and the auction fees may also be requested. At the time of the awarding, anyone who has not already done so will have to inform Vincent of their personal details and address. Vincent reserves the right to deny anyone, at their discretion, entry to their premises and participation in the auction, as well as to refuse offers from unknown or unwelcome buyers, unless a full deposit is left cover the price of the desired lots or provided another adequate guarantee. Following a failed or delayed payment by a buyer, Vincent may refuse any offer made by him or his representative during subsequent auctions.
  10. The auction price is equal to 24% inclusive of the VAT required by current legislation. Any additional charge or tax related to the purchase will in any case be borne by the winner.
  11. Buyers must pay the lots within 5 working days from the auction date by:
    • Cash for less than 2,999.99 euros
    • Italian circular check payable to GALLERIA VINCENT CASA D'ASTE srl subject to prior verification with the issuing institution
    • Bonifico bancario intestato a:
      GALLERIA VINCENT CASA D’ASTE srl
      Via T.Angelini, 29 80129 NAPOLI
      BANCO DI NAPOLI
      IBAN: IT86 B010 1039 9531 0000 0007579
      BIC: IBSPITNA
    In the event of non-payment, in whole or in part, of the total amount due by the successful tenderer within that period, Vincent will be entitled, at its discretion, to:
    • return the asset to the principal, requesting the payment of the lost commissions as a penalty by the non-purchaser;
    • act judicially to obtain the compulsory execution of the purchase obligation;
    • sell the lot by private treaty or in subsequent auctions on behalf and at the expense of the contractor, pursuant to art. 1515 of the Civil Code, except in any case the right to compensation for damages.
    Once the aforementioned term has elapsed, Vincent will in any case be exonerated from any responsibility towards the winner in relation to the eventual deterioration or deterioration of the objects and will have the right to be charged for each single lot the custody rights as well as any reimbursement of expenses for transport to the warehouse, as per the price list available to the applicants. Any risk for loss or damage to the awarded item will be transferred to the purchaser from the time of the award. The buyer can obtain the delivery of the purchased goods only upon payment to Vincent of the price and any other commission, cost or refund inherent.
  12. For objects submitted for notification by the State pursuant to Legislative Decree 22.01.2004 n. 42 (c.d. Code of Cultural Heritage) and ss.mm., buyers are required to comply with all applicable legal provisions. In case of exercise of the right of pre-emption by the State, the winning bidder can not claim any reimbursement from the Vincent or the seller of any interest on the price and the auction commissions already paid.
  13. The export of objects by resident or non-resident buyers in Italy is regulated 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 to over seventy years is always subject to the free movement license issued by the competent Authority. Vincent assumes no responsibility towards the purchaser for any restrictions on the export of the lots awarded, nor for any licenses or certificates that the same must obtain under Italian law.
  14. The estimated values indicated in the catalog are expressed in euros and are a mere indication. These values may be equal, higher or lower than the reserve prices of the lots agreed with the principals.
  15. These Conditions of Sale, governed by Italian law, are tacitly accepted by all the subjects participating in the auction procedure and remain available to anyone who requests it. For any dispute related to the auction activity at the Vincent is established the exclusive jurisdiction of the Court of Naples.
  16. In the event that the purchaser desires the SHIPMENT of one or more lots awarded, the conditions are as follows:
    • The applicant exempts the Auction House Vincent Srl and the persons who work in it, from any liability in case of theft, loss, damage, destruction or any other damaging event occurring during the shipment of the lots.
    • The applicant waives any claim or action against the Auction House Vincent Srl for any delays in the Courier delivery of the shipment and related errors in the billing of the same that must be paid to the Shipping Company or its Carrier at the time of delivery , except for shipments with our trusted couriers to be paid to the Auction House Vincent Srl
    • For the packing of lots, the applicant agrees to pay to the Auction House Vincent Srl. the normally requested fee of € 25.00 per item. This fee may vary according to the size and weight of the works, but will still be agreed and paid before shipping. To avoid damage during transport, the paintings will be, where present, deprived of the glass when possible.
    • Any insurance coverage of the property in transit must be requested and agreed between the contractor and the carrier, without any responsibility of the Auction House Vincent Srl. This coverage will be fully borne by the winner.
  17. Pursuant to art. 13 of Legislative Decree 196/2003 (Code regarding the protection of personal data), Vincent, in its capacity as data controller, informs that the data will be used, using paper and electronic means, to be able to give full and complete execution of purchase and sale contracts stipulated by the same company, as well as for the pursuit of any other service relating to the corporate purpose of the Galleria Vincent Casa d'Aste srl. The provision of data is optional, but is strictly necessary for the execution of contracts concluded. The registration to the auctions allows Vincent to send the catalogs of the following auctions and other informative material related to the activity of the auction.