Terms and Conditions
If you wish to participate in the auction, please carefully read the rules below, which contain the terms and conditions of participation and purchase of the lots offered for sale by VeniceAuctions.
PRESALE EXHIBITION
Before any auction, the items are put on public display; during this exhibition, the Auctioneer and his assistants will be available for any clarification. The purpose of this display is to allow bidders to inspect the authenticity, the author, the condition, the origin, the type and the quality of each item and clarify any mistakes or inaccuracies that might have occurred while putting together the catalogue.
If you are unable to view the items in person, you can request a condition report (this service is available and free of charge only for lots valued at more than € 500.00).
Before participating in the auction, anyone who is interested in purchasing a lot undertakes to inspect it thoroughly - with the support of a trusted expert, if necessary - to verify its features.
Buyers will not be entitled make any complaints once the item has been sold, and neither VeniceAuctions or the seller will be held liable for any defects in the information concerning the items in the auction.
PURCHASE COMMISSIONS
The Auctioneer can accept purchase commissions for the works at predetermined prices, on a precise mandate, or make bids on behalf of third parties.
During the auction, there may be telephone bids, which are accepted at the discretion of VeniceAuctions and forwarded to the Auctioneer at the risk of the bidder. These telephone calls may be recorded.
SALES
All sales will be made to the highest and best bidder for cash.
VeniceAuctions acts as an agent in its own name and on behalf of each seller, pursuant to and for the purposes of section 1704 of the Italian Civil Code.
Sales are considered to take place between the seller and the buyer; as a result, VeniceAuctions will not accept any buyer or third party liability other than those arising from its role as agent. Any liability as per sections 1476 et seq. of the Italian Civil Code lies with the sellers of the works.
When the Auctioneer declares an item sold, a contract of sale is concluded between the seller and the buyer.
BUYER'S PREMIUM
A 25% buyer's premium is to be added to the hammer price, including VAT (20.49% excluding VAT).
CUSTOMER REGISTRATION
Before entering the auction room, any customers who wish to bid in the auction will have to request a "paddle" number, which will be delivered by VeniceAuctions staff after the person concerned has provided their name and address and showed a copy of their ID; bidders may also be requested to provided bank references or equivalent guarantees for the payment of the hammer price and the buyer's premium.
PAYMENT AND COLLECTION
The buyer must pay a deposit immediately after the sale and complete the payment before taking away the goods, no later than ten days after the end of the sale. In the event of failure to pay, in whole or in part, the total amount due by the bidder who won the item within that period, VeniceAuctions will have the right, at its own discretion, to:
a) return the goods to the seller, claiming the payment of the lost commissions by the non-paying bidder as a penalty;
b) take legal action to obtain the enforcement of the obligation to purchase;
c) sell the lot by private negotiation or by additional auctions on behalf and at the expense of the winning bidder, as per section 1515 of the Italian Civil Code, without prejudice to the right to compensation for damages.
After the above deadline, VeniceAuctions will not in any case be liable to the winning bidder for any deterioration or impairment of the items and will have the right to charge custody rights for each lot, in addition to any reimbursement of expenses for transportation to the warehouse, as per the price list made available to applicants. Any risk of loss of or damage to the purchased goods will be transferred to the buyer from the time of the sale.
The buyer may only receive the goods he/she has purchased once the hammer price and the buyer's premium have been paid to VeniceAuctions.
CONDITION
The auctioned lots are sold as they are at the time of the presale exhibition, with any flaws and imperfections, including broken, restored, missing or replaced parts.
Although not expressly stated in the catalogue, these features cannot be considered as decisive for disputes over the sale. By their very nature, antiques may have been restored or changed in various ways, e.g. repainted; these changes can never be regarded as hidden flaws or counterfeiting of a lot.
Lot descriptions or illustrations that are published on catalogues, but also online and on any other illustrative material, are merely indicative and reflect opinions and may therefore be reviewed before the lot is put up for sale.
AUTHENTICITY AND CERTIFICATIONS
20th and 21st century works (modern and contemporary art) are usually accompanied by certificates of authenticity and other documentation as mentioned in the description.
No other certificate, expertise or opinion, requested or shown once the sale is concluded, may be used as a ground for disputing the authenticity of such works.
DISPUTES
Any dispute, to be determined at a scientific level between a VeniceAuctions consultant and an expert with similar qualifications designated by the customer, shall be made in writing by means of a registered letter with return receipt, within fifteen days of the sale.
Once this term has expired, all liability of the Company will cease. A valid complaint will result in the repayment of the amount paid, with the work being returned to the auction house; any other claim will not be accepted. In the event of justified complaints for artfully counterfeit items that have been accepted by VeniceAuctions, provided that the buyer is able to return the lot free of any claims by third parties and the lot is in the same conditions as it was on the date of the sale, VeniceAuctions may, in its discretion, cancel the sale and tell the seller's name to the winning bidder, if requested, after notifying the seller.
As a partial exception to the above, VeniceAuctions will not reimburse the buyer if the catalogue description was in accordance with the then generally accepted opinion of scholars, or indicated that the lot's authenticity or author was controversial, or if, on the date of publication, the counterfeiting could only be ascertained by carrying out analyses that were hardly feasible or had unreasonable costs, or which could have damaged and in any case reduced the lot's value.
THE AUCTIONEER
The Auctioneers declares the items sold; if a sale is disputed, the disputed item will be put back on sale during the same auction, based on the last bid received.
The Auctioneer can also, in his own discretion and at any time of the auction: withdraw a lot, make consecutive bids or bid in response to other bids in the interest of the seller up to the reserve price, or take any measure that he/she deems appropriate, e.g. combine or separate lots or change the scheduled sequence of sale.
CONSUMER CODE
The lots on sale are to be regarded as used goods, supplied as antiques and as such cannot be qualified as "products" according to the definition provided in section 3 lett. e) of the Consumer Code (Italian Legislative Decree no. 206 of 6.09.2005).
ONLINE BIDS
Pursuant to section 59, par. 1, letter m) of the Italian Consumer Code, if an auction sale is concluded with a Buyer who has made an online bid and qualifies as a consumer according to section 3, par. 1, lett. a) of the Italian Consumer Code, the Buyer will not have any right of withdrawal, because the sales method used is a public auction, as defined in section 45, par. 1 letter o) of the Italian Consumer Code.
EXPORT OF GOODS
A recent Italian legislative decree (law 124 of August 4, 2017) has increased to 70 (seventy) years the possibility to export goods by self-certification and introduced a threshold of € 13,500 (thirteen thousand five hundred), under which artworks can be exported by simple self-certification.
The purchase invoice will be proof of it.
Venice Auctions may, on behalf of the winning bidder, carry out all the necessary procedures for obtaining certificates of self-certification or free movement for the exportation of any sold goods. The cost of these procedures will be calculated according to the price list and include the cost of filling in application forms, stamps and colour photographs.
It should be noted that any items notified by the Italian State cannot leave the national territory. VeniceAuctions shall not be liable to the winning bidders for any restrictions on the export of the lots sold.
PRESALE ESTIMATES
The estimates provided in the catalogue are in € (Euro) and are merely indicative.
These amounts may be equal to, above or below the lot reserve prices agreed upon with the sellers.
ACCEPTED PAYMENT METHODS
- Cash up to € 2,999.00
- bank check, upon agreement with the auction house
- cashier's back
- debit card
- credit card.
- Wire transfer to VeniceAuctions bank account
- Iban: IT17 F 05034 11501 000000012370 // Swift: BAPPIT21484
The lots will be delivered to the buyer only once the payment has been received.
The buyer is required to pay the total price of the bid within and no later than 10 (ten) days from the auction, unless otherwise agreed with the auction house.
RESALE ROYALTIES
Resale royalties are payable to the seller pursuant to section 152 of Italian law no.633 of 22.04.194, as replaced by section 10 of Italian Leg. Decree no. 118 of 13.02.2006.
JURISDICTION
These Terms of Sale, governed by Italian law, are tacitly accepted by all parties involved in the auction procedure are available to anyone who requests them. The Court of Mantua will have jurisdiction over any disputes arising from auctions taking place at VeniceAuctions.
PRIVACY
Pursuant to section 13 of Italian Leg. Decre 196/2003 (Italian data protection law), VeniceAuctions, as Data Controller, will process all provided data, using paper and electronic media, to be able to fully execute any sales contracts signed by the same company, as well as for the pursuit of any other services concerning the corporate purpose of VeniceAuctions.
The provision of data is optional, but it is strictly necessary for the execution of sales contracts.
Registering for auctions allows VeniceAuctions to send you catalogues of the next auctions and any other information material related to its activities.
MESSAGES
All messages concerning the sale must be sent by registered letter with return receipt to:
VeniceAuctions
Via Cavour 104
46100 Mantua, Italy.
