Live bidding may start higher or lower
Buyer's Premium
€0 - 100,000:20.0%
€100,001 - 500,000:18.0%
€500,001+:15.0%
Bidding Increments
| From: | To: | Increment: |
|---|
| €0 | €199 | €10 |
| €200 | €499 | €20 |
| €500 | €999 | €50 |
| €1,000 | €1,999 | €100 |
| €2,000 | €4,999 | €200 |
| €5,000 | €9,999 | €500 |
| €10,000 | €19,999 | €1,000 |
| €20,000 | €39,999 | €2,000 |
| €40,000 | €69,999 | €3,000 |
| €70,000 | €199,999 | €5,000 |
| €200,000 | €299,999 | €10,000 |
| €300,000 | €499,999 | €20,000 |
| €500,000 | €999,999 | €25,000 |
| €1,000,000+ | | €100,000 |
GENERAL SALES CONDITION
Mediartrade is in charge of selling objects entrusted by the Seller, as a representative with power of attorney, with the exception of the lots that are owned by Mediartrade. The term "Seller" means the physical or legal entity that has ownership of the lot which has been put up for auction by Mediartrade. The consequences of the sale have a direct influence on both the Seller and the Buyer, therefore Mediartrade is not subject to additional accountability other than responsibilities deriving from the aforementioned proxy by the Seller.
The following General Sales Condition may be subject to modifications by means of a notice posted in the auction room or by an auctioneer's announcement before the auction takes place.
1.1 limitations to bid admittance
Mediartrade retains the right to deny, on a discretionary basis, the
access to the premises, the participation to the auctions and any offer
coming from individuals who aren't, at any moment, deemed eligible
to participate to the auction.
1.2 participant registration
To put forward offers during the auction, prospective buyers must
fill out, sign and submit to Mediartrade the dedicated registration
and bid form, available at our headquarters, in our catalogue or
on Mediartrade' website, as well as the ID and some bank details.
Concerning the registration as company, is necessary to submit a copy
of the company's business profile, as well as the ID of the participant.
In accordance to Article n. 13 of Regulation (EU) 679/2016 (GDPR),
prospective buyers must give their explicit consent to personal
data processing by signing, to this purpose, the registration form
that contains all the information required under the said Article.
Mediartrade shall process personal data provided by prospective
buyers in accordance to the provisions referred to the said Article.
All the lots sold will be invoiced to the name and address provided
at the auction's registration and couldn't be moved to other name
and address.
1.3 offers
Auction offers might be put forward personally at the auction site, by
sending a written offer before the auction, by telephone or through
internet. The auctioneer will start offers in auction, from the "opening
bid, assigned to each lot whose value may be equal or lower than the
reserve price (approximately the 20% less than the lowest estimate
mentioned in the catalogue). By submitting a bid, the participant agrees
to take responsibility for the payment of the purchase price, including
commission, taxes and other charges applicable, except when there is
a written agreement, presented before the auction takes place, stating
that the Bidder will act on behalf of a Third Party, that Mediartrade
knows and approves. Consequently, Mediartrade will exclusively
address said Third Party, in the event of a successful award, for the
payment of the pertaining lots. The blow of the auctioneer's hammer
determines the acceptance of the higher offer, the clearance price
and consequently the conclusion of the sales contract between Seller
and Buyer
ONLINE OFFERS
It is possible to take part to the onsite auction or put pre-auction online offers through Mediartrade website, in accordance with the following steps:
a) register to Mediartrade Website Mediartrade.com creating an account specifying if the registration is carried out as private or company by filled all the fields required;
b) click on the link received to confirm the e-mail address you provided
c) access the site by entering your credentials (e-mail and password)
d) go to "Future auctions" and register to the live auction of your interest, providing any required information by clicking "Register at the auction". Verify that your data are correct and complete the missing data to send the request
e) wait for the confirmation of registration for the auction
f) in your account, in the section "Registered Auctions" or directly in the auction details you have registered, click on the "MAT Live" section to access the live auction and you will be connected to the live auction and you can participate to the auction of your interest, sending your offers for the lots of your interest. Mediartrade will not be responsible for technical difficulties happening during the auction (such as delays
concerning internet connection or malfunctions affecting the server in charge of handling the online auction participation), with the exception of willful misconduct or gross negligence. Mediartrade is in no way responsible for any damage, or inconvenience, deriving from a non-proper use of the website in accordance to the present information i.e. the Conditions of use of the website. The participant undertakes to not use any software or tool of any kind that may influence (even only potentially) the development of the auction and further undertakes to use the website and any of its web application in good faith and correctness. Whenever Mediartrade has decided to allow the participation also to the online auction, the present General
Sales Conditions also regulate the offering sale and the lots awarding throughout the Mediartrade' web channels partners. The participation at the auction through these websites (owned and managed by different companies that don't have corporate dealings with Mediartrade) is subjected to the previous enrollment. The online auction to which the present General Sales Conditions apply is considered a public auction (defined by Art. 45 (1) (o) ) of the Consumer Code as a sales method according to which goods or services are offered, by a business, to consumers that are allowed to participate in person, through a transparent competitive process handled by an auction
house, and to which the successful bidder is bound to purchase said goods or services), with the same participants as the ones present in the auction room, including telephone, pre-auction written offers or a maximum automatic offer. Lots purchased online are offered and sold by Mediartrade and web channels partner, who is entrusted by the Seller as a representative with power of attorney. The offering and sale of lots online by Mediartrade and web channels partner constitute a distance contract regulated by Chapter 1, Title 3 (art. 45 et seq.) of the Consumer Code and in accordance to legislative decree Nr. 70 of 9th June 2003 regarding to e-commerce. Art. 59 (1)(m) of the Consumer Code denies the right of withdrawal for contracts concluded during a public auction, including auctions organized by Mediartrade that include the possibility of online participation to users through Mediartrade' website and the other web channels partners.
Therefore, the right of withdrawal is denied on lots awarded online during auctions organized by Mediartrade.
1.8 currency converter and video
Mediartrade's auctions involve the use of a currency converter, whose functioning might be defective. In the event of errors deriving from causes that are beyond its reasonable control, Mediartrade declines any liability towards bidders who formulated their offers referring to the currency converter instead of the actual submission of bid
happening in the auction room. Furthermore, Mediartrade's auctions involve the use of a monitor/digital screen, which might be defected in function or quality of image. Mediartrade declines any liability pertaining said defects where they depend from causes that are beyond its reasonable control.
2. SYMBOLS
The following list presents symbols that can be found in the auction catalogue:
-(*) Lots subject to VAT
Lots marked by this symbol were entrusted by VAT entities and therefore subject to VAT.
-(?) Certificate of free movement
Lots marked by this symbol are accompanied by a certificate of free movement or by certificate of occurred shipment/import.
-(^) Without qualification
In the event of a lot sold without qualification, it will be marked by this symbol.
- (§) Without commissions
Lots marked by this symbol don't provide for the calculation of sales commissions
3. RESERVE PRICE
The reserve price is the minimum selling price (gross of fees), agreed between the owner and the auction house, under which the asset cannot be sold. At the auction stage this amount is strictly reserved and protected by the auctioneer.
4. AUCTIONEER'S RIGHTS
The blow of the auctioneer's hammer determines the acceptance of the higher offer, the clearance price and consequently the conclusion of the sales contract between Seller and Buyer. Furthermore the auctioneer might, at its own discretion and at any moment of the auction: change the order provided for by the catalogue, withdraw a
lot from the auction, redraft a selling offer for a lot, whenever he/she has reasons to believe that errors or a dispute are unfolding. The Sales Director is entitled to accept offers transmitted by telephone or other means. Said offers, when deemed acceptable, will be communicated in the auction room. In the case of a tie the offer presented in person at the auction room will prevail; in the event that multiple offers of the same amount are arriving, by telephone or other means, the one that arrived first, according to the unquestionably finding of the Sales Director, will prevail.
5. RAISING
The minimum amount generally accepted to raise an offer will be, unless the auctioneer chooses otherwise:
- 10% than the previous offer up to EUR 39.999
- 5% than the previous offer from EUR 40.000
PAYMENT
8.1 The following forms of payment might facilitate the immediate
withdrawal of the purchased goods:
- cash up to EUR 2.999;
- bank cheque by agreement with the administration direction of
Mediartrade
- credit card/ATM/Paypal (the estimated fee will be charged to the
purchaser). Buyers can make payments Visa, V-Pay, Mastercard,
Maestro, American Express, Apple-Pay, GooglePay.
The payment by credit card can be made only at the headquarters of
Mediartrade within a maximum limit of EUR 5.000;
- bank transfer to:
Gruppo UBI Banca registered to Mediartrade Srl
IBAN: IT50Z0311101617000000002952
SWIFT/BIC: BLOPIT22
Account N: 00002952
8.2 The payment of what is due, if not already performed, must
be made within 7 working days from the receipt of the invoice.
Mediartrade is allowed to refuse delivery of the awarded lot before
the payment of clearing price and other expenses has been fully made.
Whenever the successful bidder fails to provide for the payment, what
follows at point 8.3 shall prevail.
8.3 In the event that the Buyer fails to pay to Mediartrade the
full amount due within 10 days from the receipt of the invoice,
Mediartrade will exercise some rights and legal actions. By way of
example, please refer to the following list:
a) Holding the Buyer accountable for the entirety of the amount and
take legal action to recover the full amount, on top of interests, legal
fees and costs incurred, to the absolute limit of the law;
b) Resolving the transaction;
c) Reselling the lot, by auction or privately, under the applicable laws;
d) Allocating the received payments from the Buyer to debt-service
of any liability, if the Buyer is required to pay multiple amounts to
Mediartrade, pertaining to several transactions.
e)Refusing any offer in future auctions by the defaulting Buyer or on its
behalf, or alternatively require an escrow before accepting any future
offer;
f) Exercising rights and remedies granted by the law to subjects
holding security interests over any goods belonging to the defaulting Buyer within Mediartrade, in the form of collateral, bail, deposit or any
other rights, to the absolute limit of the law in force at the place where
said good is located. This guarantee will be considered in favour of
Mediartrade on behalf of the defaulting Buyer, therefore Mediartrade
will be able to withhold the property to ensure the fulfilment of the
obligations of the Buyer;
g) Pursuing any other action or remedy deemed necessary or
appropriate.
In the event that Mediartrade resells the lot, according to previous
paragraph (c), the defaulting buyer will be responsible of paying
any potential difference between the overall amount originally due
to Mediartrade and the price obtained by reselling, on top of any
reasonable cost, expense, damage, legal fees, commissions and rights
of any kind regarding both sales or otherwise caused by the defaulting
Buyer.
LOT DELIVERY AND WITHDRAWAL
9.1 Sold objects must be picked up within 10 days from the payment.
9.2 The lot will be collected by the purchaser at Mediartrade office, in via Marco Polo 9, always at the expense of the purchaser, showing a document certifying his identity. If, for any reason entrusts a third party to withdraw the lot on his/her behalf, the latter shall provide a mandate signed by the Buyer on top of a copy of both the delegator and delegate IDs.
9.3 If, for any reason, the withdrawal of the object fails, if sold and paid within the time limit specified in Art. 9.1, the Buyer will be asked to advise Mediartrade in order to avoid the payment of a deposit and cover insurance fees. However, in case of decay, damage or removal of the awarded object, that wasn't picked up within the time limit
specified in Art. 9.1, Mediartrade shall be exempt of any liability.
9.4 At the express request of the purchaser, Mediartrade may arrange, at the expense and risk of the purchaser, the packing, transportation and insurance of the lot through its own trusted shipper specialized in art transports subject to communication and written acceptance by part of the purchaser of the related expenses. The shipment can
also take place through a forwarder directly appointed by the buyer, always subject to written communication authorizing Mediartrade to deliver the lot and the related documentation. In the event that the buyer decides to rely on a generic forwarder, therefore not specialized in the transport of art, which does not provide for safe packaging of the property, Mediartrade will apply a minimum cost of 50 € plus VAT for
the packaging service calculated based on the lot size awarded.
9.5 Despite adopting every reasonable care in handling, wrapping and delivery of the purchased lot and in the choice of third parties that will be involved in the previously mentioned tasks, Mediartrade shall not be responsible for any action or omission committed by said third parties.
Likewise, when asked to suggest parties to take care of handling, wrapping and delivering lots, Mediartrade will direct the choice to trusted suppliers as a consequence of the years of experience in the field, however, it will be in no way responsible for any action or omission committed by them.
10. EXPORT OUT OF THE TERRITORY OF THE ITALIAN REPUBLIC
10.1 The export of a lot from the Italian Republic could be subject to the issue of a certificate of free circulation or an export license, in accordance with the Articles 68 and ss. of the Legislative Decree January 22nd 2004, n. 42 (Urban Code).
Except as otherwise agreed in writing with Mediartrade, the act of requesting a certificate of free circulation and/or an export license for a lot by the Buyer will have no effect on the obligation that the latter has to pay for the said lot within 7 working days from the receipt of the invoice, and neither on Mediartrade's right to charge interests of
deposit fees or other expenses in the event of a delay in payment. In case the Buyer intends to entrust Mediartrade to request a certificate of free circulation and/or an export license on his/her behalf, Mediartrade might charge a commission for said service. Mediartrade will not be required to cancel the purchase or refund interest or any other costs incurred by the Buyer, in the event that a certificate of free circulation and/or an export license is required.
10.2 The buyer must comply with the legislative provisions and applicable rules concerning goods presenting a cultural interest, or currently in the process of getting declared as such, in accordance with legislative decree Nr. 43 of 22nd January 2004, Art Nr. 14 et sq., with specific reference to Art. Nr. 53 et sq. The reform provides
the modification of some parts of the Code of Cultural Heritage, in particular, the art. 65. The export of lots, performed either by resident or non-resident in Italy, is regulated by the aforementioned legislation and furthermore subject to monetary, fiscal and customs regulation in force. The request for a licence will be submitted to the Ministry of Cultural Heritage and Activities, Export Bureau, only after the payment of the lot is complete and at the written request of the Buyer. Mediartrade shall not be responsible for any restriction to the export of awarded lots, and much less for any licence or permit
9.1 Sold objects must be picked up within 10 days from the payment.
9.2 The lot will be collected by the purchaser at Mediartrade office,
in via Marco Polo 9, always at the expense of the purchaser, showing
a document certifying his identity. If, for any reason entrusts a third
party to withdraw the lot on his/her behalf, the latter shall provide a
mandate signed by the Buyer on top of a copy of both the delegator
and delegate IDs.
9.3 If, for any reason, the withdrawal of the object fails, if sold and
payed within the time limit specified in Art. 9.1, the Buyer will be asked
to advise Mediartrade in order to avoid the payment of a deposit and
cover insurance fees. However, in case of decay, damage or removal
of the awarded object, that wasn't picked up within the time limit
specified in Art. 9.1, Mediartrade shall be exempt of any liability.
9.4 At the express request of the purchaser, Mediartrade may arrange,
at the expense and risk of the purchaser, the packing, transportation
and insurance of the lot through its own trusted shipper specialized
in art transports subject to communication and written acceptance
by part of the purchaser of the related expenses. The shipment can
also take place through a forwarder directly appointed by the buyer,
always subject to written communication authorizing Mediartrade to
deliver the lot and the related documentation. In the event that the
buyer decides to rely on a generic forwarder, therefore not specialized
in transport of art, which does not provide for safe packaging of the
property, Mediartrade will apply a minimum cost of 50 € plus VAT for
the packaging service calculated based on the lot size awarded.
9.5 Despite adopting every reasonable care in handling, wrapping and
delivery of the purchased lot and in the choice of third parties that will
be involved in the previously mentioned tasks, Mediartrade shall not be
responsible for any action or omission committed by said third parties.
Likewise, when asked to suggest parties to take care of handling,
wrapping and delivering lots, Mediartrade will direct the choice to
trusted suppliers as a consequence of the years of experience in
the field, however it will be in no way responsible for any action or
omission committed by them. 10.1 The export of cultural heritage out of Italian Republic is subject
to the regulation in accordance with the Legislative Decree 22 January
2004, n. 42 (Urban Codes). The export of cultural heritage out
of the EU is also subject to the Regulation CE n. 116/2009 of 18
December 2008 and to the Regulation UE about the execution of
the Commission n. 1081/2012. In order to export a lot, it is required
to get a certificate of free circulation or an export license. The buyer
(and not Mediartrade Srl), is responsible for the achievement of the
certificate of free circulation or an export license. The request of the
release of a certificate of free circulation and/or an export license for
a lot by the Buyer will have no effect on the obligation that the latter
has to pay for the said lot within 7 working days from the receipt of
the invoice, and neither on Mediartrade's right to charge interests of
deposit fees or other expenses in the event of a delay in payment. In
case the Buyer intends to entrust Mediartrade to request a certificate
of free circulation and/or an export license on his/her behalf,
Mediartrade might charge a cost of EUR 50 + VAT for said service.
Mediartrade will not be required to cancel the purchase or refund
interest or any other costs incurred by the Buyer, in the event that
a certificate of free circulation and/or an export license is required.
10.2 The buyer must comply with the legislative provisions and
applicable rules concerning goods presenting a cultural interest, or
currently in the process of getting declared as such, in accordance
to legislative decree Nr. 43 of 22nd January 2004, Art Nr. 14 et sq.,
with specific reference to Art. Nr. 53 et sq. The reform provides
the modification of some parts of the Code of Cultural Heritage,
in particular the art. 65. The export of lots , performed either by
resident or non-resident in Italy, is regulated by the aforementioned
legislation and furthermore subject to monetary, fiscal and custom
regulation in force. The request for a licence will be submitted to the Ministry of Cultural Heritage and Activities, Export Bureau, only
after the payment of the lot is complete and at the written request of
the Buyer. Mediartrade shall not be responsible for any restriction to
the export of awarded lots, and much less for any licence or permit
that the Buyer must obtain under the current Italian law. In case the
national competence authorities exercise the right of first refusal to
purchase a lot under the aforementioned decree, the Buyer will have
no right to receive from Mediartrade or the Seller any refund over
the interests on the sales price and on the purchase commission, if
already paid.
AUCTION PREMIUMS OR PURCHASE COMMISSIONS
The buyer will pay, in addition to the clearing price, the following
auction premiums or purchase commissions (VAT excluded)
(Including VAT):
- 20,00 % up to EUR 100.000,00
- 18,00 % referred to the part exceeding of the price from EUR
100.000,00 to EUR 500.000,00
- 15,00 % referred to the part exceeding of the price from EUR
500.001,00 and beyond.
7. RESALE RIGHT
On 9th April 2006 legislative decree Nr. 118 of 13th February
2006 came into effect, which, implementing Directive 2001/84/
CE, introduced in the Italian legal order the right, for artists and
manuscript authors, and their successors, to receive royalties on
every sale of the original piece following the first (the so-called "resale
right"). The "resale right" is due only if the selling price is not lower
than euro 3.000,00.
It is defined as follows:
- 4% for the portion of the sale price up to EUR 50.000,00;
- 3% for the portion of the sale price from EUR 50.000,01 to EUR
200.000,00;
- 1% for the portion of the sale price from EUR 200.000,01 to EUR
350.000,00;
- 0,5% for the portion of the sale price from EUR 350.000,01 to EUR
500.000,00;
-0,25% for the portion of the sale price beyond EUR 500.000,00.
The total amount of the fee can't be exceed EUR 12.500,00, anyway.
Mediartrade, being an auction house, is required to pay the "resale
right" to "Società Italiana degli autori ed editori" (S.I.A.E.). In addition
to the clearing price, auction premiums and other expenses, the Buyer
undertakes to pay the "resale right", that would be up for the Seller
to pay according to Law Nr. 633 of 22nd April 1941, Art. 152 (1).
VIEWING AND EXAMINATION OF ART PIECES
11.1 The pieces for sale will be exposed before the auction takes
place, in order to allow a proper viewing and examination. Whoever
may be interested will have the opportunity to get a comprehensive
view of their characteristics, including conservation status, actual
dimensions and overall quality. As a consequence of that, the successful
bidder shall not question any error or inaccuracy that may be present
on the catalogue or on the disclosures, or any discrepancy between
the photo and the actual piece for sale, and therefore, the mismatches
( whether pertaining to the year of creation, or references to any
publication of the piece, execution technique and materials on which,
or with, the piece was created) between the information written
on the catalogue and the actual characteristic of the awarded piece.
The lots auctioned by Mediartrade are sold in the conditions and
conservation status shown during exposition; therefore any reference
contained in the catalogue description is fully comprehensive; however
condition reports that may supplement the catalogue description are
available at a Buyer's request. It's possible to ask a condition report
to the auction house, sending an e-mail to info@mediartrade.com,
within the day before the auction or clicking on the item "Ask a
condition report", on the page of every lot on Mediartrade website.
Every description provided by Mediartrade is made in good faith and
constitutes nothing more than a mere opinion; hence said description
shall not be considered binding and comprehensive for the Auction
House. Mediartrade encourages prospective buyers to personally
examine every lot and to request a dedicated evaluation to their own
trusted restorer or any professional expert, before submitting an offer.
As regards the electrical or mechanical goods, it is not made
any checks before the sale and the buyer takes responsibility
about the functioning of them.
