Terms & Conditions
CONDITIONS OF SALE
Art. 1 The objects may sold in Lots individually according to the final opinion of the Colasanti Casa d'Aste, which acts simply as Agent in the name and interests of each Seller as relates to art. 1704 cod. civ. The sale concerns the Purchaser and the Seller. Colasanti Casa d'Aste does not assume any responsibility in relation to the Purchaser, the Seller or any Third Party concerned.
Art. 2 The objects are sold to the highest bidder. The Auctioneer starts the auction beginning with the bid that s/he believes to be the most opportune, based upon both the value of the lot/s as well as the competing bids. The Auctioneer may make further bids or in response to other bids, until the reserve price is reached.
Art.3 In the case of any dispute between more than one Purchaser, the Auctioneer has the right to cancelling the sale of the item, or reoffering and reselling the object in the same sale. Each transfer to Third Parties of the lot/s purchased does not become the responsibility of the Auction house which considers the Purchaser as the sole person/s responsible for payment. Bidding at an auction in the name of and for a Third Party may be accepted by the Auction house only after sufficient bank references as well as power of attorney have been received by the Auction house at least three days before the auction.
Art. 4 The Auctioneer, during the auction, may group together or separate lot/s and vary the order of the sale. The Auctioneer may, and his/her decision is final, withdraw lot/s that do not reach the reserve price agreed upon between the Auction house and the Seller.
Art. 5 In order to guarantee the highest levels of transparency during the auction for all those who intend to make bids, prospective Bidders are required to fill out a participation form with personal information and consign a valid document of identification. The Auction house may accept written bids if they are received at least one hour before the beginning of the auction. Should there be more than one written offer with the same value, and are they not beaten by bids made in the auction room or telephone bids, the Auction house will consider the Purchaser to be the one who made the bid first. Telephone bidding requests will be accepted if confirmed and received at least one hour before the beginning of the sale. The Auction house do not accept liability for errors and omissions in connection with telephone bidding arising from circumstances beyond our reasonable control. Should there be a case of identical bids, the oral bid in the room will prevail upon the written or telephonic bid.
Art. 6 The Purchaser will pay the Auction house a sum equivalent to 22% of the hammer price including VAT, for each lot.
Art.7 The shipping of the purchased lot/s is in the risk and expense of the Purchaser. The Auction house is in no case liable for damages relating to the transport, against which the Purchaser may, however, stipulate with the carrier an insurance guarantee against all risks of transport. In any case the Purchaser has to pay the Auction house still the packing costs for the lot/s. If the Purchaser should not collect the lot/s within fifteen working days after the sale, the Auction house will keep them at the risk and expense of the Purchaser in the Auction house and will charge storage costs which are 20€ for each lot per week.
Art. 8 The Auction will be preceded by a public viewing of the objects in order to allow for a careful examination (the authenticity, the state of preservation, the provenance, the type and the quality) of the objects on behalf of aspiring Bidders. Following the Purchase, no one will be able to dispute or criticise the Auction house or the Sellers for lack of any quality in reference to object being auctioned, like indications relative to the state of conservation, wrong attribution, authenticity and provenance.
Art.9 If it turns out after the sale that a lot is a forgery, intentionally created after the original object, the Auction house, may recompense the Purchaser the total amount of the acquisi tion in the value in which it was paid, after the restitution of the lot. The Purchaser must give written notice of claim within thirty days from the date of the auction. The Purchaser must also return the Lot to the Auction house in the same conditions as at the time of the sale, accompanied by at least one certification of one independent expert.
Art. 10 The sale of objects from the XX and XXI century is based on the explicitly indicated certification in the catalogue. No other certification, survey or opinion, introduced after the completed sale will be valid as a protest of authenticity of the object.
Art. 11 Objects declared of importance according to art. 6 D.L. 26/10/99 n. 490 are indicated as such in the catalogue, or are nominated as such during the sale. The Italian State may exercise on this objects its right of pre-emption within 60 days after the completed Sale; therefore the sale will be effective after this period. In the case the Italian State exercises the right of pre-emption, the Purchaser will have the right of recompense of the sum already paid.
Art. 12 The exportation of the lot/s from the Republic of Italy, especially objects older than 50 years, is subjects to the regulations contained in D.L. 26/10/99 n. 490 (art. 65-72). The fact that the Purchaser wishes to apply for an export licence does not affect his or her obligation to make the payment immediately after the sale nor the right of the Auction house to charge storage. It also does not give the right to the Purchaser of cancellation of the sale.
Art. 13 These rights and obligations are accepted automatically by all those individuals who take part in the sale.
Art. 14 These Conditions of Sale and any matters connected with them shall be governed and interpreted by the laws of Italy. Every dispute regarding the application, interpretation and execution of the present Conditions of Sale are exclusively assigned to the Court of Rome.
INFORMATION FOR BUYERS
Participation in the auction constitutes ful and unconditional acceptance of the CONDITIONS OF SALE.
Each auction is preceded by an exhibition that has the purpose to allow all buyers to evaluate the lot/s on sale and to verify the quality and state of conservation.
Our experts will be pleased to provide, upon request, a condition report of the state of conservation of the lot/s on sale.
The descriptions in the catalogues represent the opinion of our experts. Public will be informed, during the auction, of any eventual occurred revision.
Auction can be:
- attended personally;
- through online bids after an easy registration;
- through written bids or phone bids that may be recorded;
- through live bids on Colasanti Live, after a registration free of charge, where you can follow the auction in real time and make bids.
The service of online, written and telephonic bidding is provided by Colasanti Casa d'Aste free of charge and does not imply any responsibility for offers inadvertently not executed, or for any mistakes occurred during their execution. Bids will be considered valid only if received at least one hour before the start of the auction.
To partecipate by phone and written bids it is necessary to fill out the Absentee bid form and fax it at
+39 06 66183656 or email it to: areaclienti@colasantiaste.com
METHOD OF PAYMENT
Buyers should make the payment of the lot/s within 10 working days from the date of the auction through:
- cash for amount less or equal than 3.000,00 euros;
- bank draft made payable to Colasanti Luigi d.i., after prior approval from the bank;
- bank check made payable to Colasanti Luigi d.i., agreed with the direction;
- credit cards and debit cards
- bank transfers to
Colasanti Luigi d.i.
BANCA DEL FUCINO SPA SEDE DI ROMA
IBAN IT48W0312403210000000234289
SWIFT BAFUITRRXXX
SHIPPING AND PACKAGING
Colasanti Casa d'Aste will ship the lot/s purchased only upon written request by the buyer, relasing
Colasanti Casa d'Aste from any liability; for which the buyer must apply directly the carrier.
If the buyer intends to use his/her own carrier, he/she must still pay Colasanti Casa d'Aste the packaging costs.
Colasanti Casa d'Aste will deliver the package to the shipper/carrier after being paid buy the buyer. In no case Colasanti Casa d'Aste is liable for damages relating to the transport, against which the buyer may, hower stipulate with the carrier, an insurance guarantee against all risks of transport.
If the Purchaser should not collect the lot/s within fifteen working days after the sale, the Auction house will keep them at the risk and expense of the Purchaser in the Auction house and will charge storage costs which are 20€ for each lot per week.
Shipping Terms
Cash! Visa! M/C & Discover, PayPal, or cash (no AE) for purchases up to $2,000.00! Only Good Check-Certified Funds or Wire Transfer for Purchases Over $2,000.00. Certified check payments or wired funds or cash will also receive a 3% discount on buyer's premium. The credit card # left with Auctionzip will hold your purchase for 5 Days! All Payments are to be sent to: Bailey Auction, attn.: Wayne Bailey, 1411 Yorkshire Drive, Austin, TX 78723. Call for wire instructions. No Chargeback are accepted. Texas residents will be charged 8.25% sales tax. There is a $15.00 collection fee for each credit card that is declined.
All property is sold "AS IS", and ALL SALES ARE FINAL. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. BAILEY AUCTION COMPANY may attempt to describe the merchandise or list the consignor's description of the item, but it makes no representations as to value, condition, age or genuineness. BAILEY AUCTION COMPANY makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Satisfy yourself before you bid.
Auctioneer reserves the right to charge your credit card at the drop of the hammer.
Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card.
A 25% reselling fee will be applied to purchases not paid in full in 10 days, returned or disputed.
Bidder agrees that this agreement shall be governed by the laws of the state of Texas, with jurisdiction in Rockdale, Milam County, Texas. Should Bailey Auction Company have to engage an attorney for the collection of all sums not paid according to the terms of this agreement, it shall be entitled to recover its reasonable and necessary attorney's fees.
All registrants to the auction request and agree to be placed on out email list for future sales. If you do not want to receive an email of upcoming sales, please do not register using the AuctionZipLive service. You may register over the telephone and you will not be placed on our email list.
Bailey Auction Company is providing Internet pre-auction and live bidding through AuctionZipLive, as a convenience to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Bailey Auction Company or its agents or assigns, if the Internet service fails to work correctly before or during the live auction. Bailey Auction Company is not responsible for missed bids of any kind. Bidders are urged to use the absentee or pre-bidding feature and leave their maximum bid 24 hours before the auction begins. Bailey Auction Company reserves the right to withdraw, pass or re-catalog items in this auction.
Bidder is responsible for shipping, Insurance and handling charges of all items purchased. Lots will be combined for one shipping charge. Shipments will be made by USPS, priority flat rate where possible.
Bidder is responsible for shipping, Insurance and handling charges of all items purchased. Lots will be combined for 1 Shipping, Insurance & Handling fee. Shipments will be made by USPS. Shipping is a flat $10.00 plus insurance if requested. Local bidders may pick up their merchandise at the auction house in lieu of shipping. All packages will be shipped in USPS priority flat rate containers when possible. We will ship as soon after payment as possible. Bidder acknowledges that shipping may take as long as 10 days depending on the auction house's current auction schedule. Preferred method of contact is email. Please direct all inquiries to the auction house at baileyauction@baileyinterests.com.
