Terms and Conditions
Terms and Conditions:
1. The lots are offered for sale by Still Srl in open to the public venues, it acts as an exclusive
agent for itself and on behalf of each Seller whose name is transcribed in the P.S. registers
at Still Srl. Except in cases where it owns all or part of a lot.
The effects of the sale affect the Seller and Still Srl does not have any responsibility towards
the Successful Bidder or third parties in general other than the one deriving from its role as
agent.
2. Items are given to the highest bidder and for cash; in the event of a dispute between more
Bidders, the disputed object may, at the Auctioneer's discretion, be put up for sale during
the auction itself based on the last bid made. The Auctioneer himself may also, at his
absolute discretion and at any time during 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 measure that deems appropriate to the circumstances, such as
combining or separating lots or possibly varying the order of sale. Still srl will communicate
in the auction catalog and / or on the website the auction at which it is possible to make
offers also via the internet, specifying the reference websites. Except in cases of willful
misconduct or gross negligence, Still srl assumes no responsibility for any technical
problems occurring during the auction (for example, slowdowns in Internet browsing or
malfunction of the server that manages participation in the auction via the Internet). Still srl
is in no way responsible for any damage or inconvenience due to incorrect use of the Site
in accordance with this information or the Terms of Use of the Site. The participant in the
auction undertakes not to use any software or tool of any kind to influence or interfere
(even if only potentially) on the progress of the auction and undertakes to use the Site and
any of its applications with correctness and good faith. If Still srl has decided to allow
participation in the auction also online, these General Conditions of Sale also govern the
offer for sale and the award of lots through the websites through which offers can be
made.
3. In submitting his bid, the bidder assumes personal responsibility to pay the hammer price,
including the commission of the auction fees, any tax due and any other applicable charge.
4. The resale right is included in the award figure (April 9, 2006 came into force on
Legislative Decree 13 February 2006, n. 118, which, in implementation of Directive 2001/84 / EC, has introduced into the Italian legal system the right of authors of works of art and manuscripts, and their successors in title, to receive a fee on the price of each sale of the subsequent original to the first) auction fees (25%) are not included.
5. The Auctioneer of the sale can accept commissions for the purchase of works at
determined prices, on a specific mandate, as well as make offers on behalf of the seller and
third parties. During the auction, bids may be made by telephone or via the internet which
are accepted at the sole discretion of Still srl and transmitted to the Auctioneer of the sale
at the bidder's risk. Such telephone connections may be registered. Still srl cannot be held
responsible in any way for the failure to reply to written and telephone offers, or for errors
and omissions relating to them. Still srl cannot be held responsible in any way for the
failure to reply to written, telephone or internet offers or for errors and omissions relating
to them.
6. In the case of two identical written bids for the same lot, the same will be awarded to the
Bidder whose bid was received first. Still srl reserves the right to refuse offers from Buyers
not known unless a deposit is released to cover the full value of the desired batches or, in
any case, provided other adequate guarantee. At the time of the award, Still srl may ask the
Contractor for his personal details, and in the event of non-immediate payment and in
cash, the Contractor must provide Still srl with adequate banking references and in any
case controllable: in case of evident non-correspondence to the truth or incompleteness of
the data or of the circumstances mentioned above, or in any case of inadequacy of bank
references, Still srl reserves the right to cancel the sales contract for the awarded lot.
7. Still srl acts as an agent of the sellers and declines any responsibility regarding the
description of the objects contained in the catalogs, in the brochure, on the website and in
any other illustrative material; the above descriptions, as well as any other indications or
illustrations, are purely indicative. All auctions are preceded by an exposure to allow an
examination in-depth of information on the authenticity, state of conservation, origin, type
and quality of the objects. After the Award, neither Still srl nor the Sellers can be held
responsible for defects relating to the state of conservation, due to incorrect attribution,
authenticity, origin, weight or the lack of quality of the objects. Neither Still srl nor the staff
appointed by the same will be able to issue any guarantee to this effect, except in the cases
provided for by law. The interested party in the purchase of a lot undertakes, therefore,
before participating in the auction, to examine it thoroughly, possibly also with the advice
of an expert or a restorer of his trust, to ascertain all of the above features. After the award,
no disputes are allowed in this regard, neither Still srl nor the seller can be held
responsible for defects in the information concerning auction items. The lots put up for
auction are sold as they are at the moment exposure, with any related defects and
imperfections such as breaks, restorations, shortcomings or replacements. These
characteristics, even if not expressly indicated in the catalog, cannot be considered
decisive for disputes on the sale. The descriptions or illustrations of the lots contained in
catalogs, brochures, on the website and in any other illustrative material they have purely
indicative and reflect opinions, therefore they may be subject to revision before the lot is
put up for sale. Still srl cannot be held responsible for errors and omissions relating to
these descriptions, nor in the event of counterfeiting, as none are provided implicit or
explicit guarantee relating to lots in auction. Also, the illustrations of the objects presented
in 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.
Any dispute, to be decided first of all in the scientific context between a consultant of the
Still srl 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. Once this
term has expired all responsibility of the Company. A valid acknowledged claim leads to
the simple refund of the sum actually paid for the return of the work, excluding any other
claim. In case of disputes founded and accepted by Still srl in relation to artfully falsified
objects, as long as the relative written communication to come to the same within three
months of the discovery of the defect and in any case no later than five years from the date
of the 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 conditions in which it was found on the
date of sale, Still srl may, at its discretion, cancel the sale and disclose the name of the
seller to the successful bidder who requests it, giving a quote communication to the latter.
In partial derogation of the above, Still srl will not refund to the buyer if the description of
the lot in the catalogue is generally consistent with the opinion accepted by scholars and
experts on the date of sale or indicated the authenticity as controversial or the attribution
of the lot, as well as whether on the date of the publication of the lot the counterfeiting
could be ascertained only by carrying out analyses that are difficult to practice, or that
could have been damage and in any case lead to a decrease in the value of the lot.
8. The total payment of the hammer price, auction fees and any other expenses may be
immediately demanded by Still srl, in any case it must be made in full, in Euro, by seven
days from the award. The successful bidder, having paid the price and the fees for auction
rights, will have to collect the purchased lots at their own risk, expense and with the use of
personnel and means adjusted within 14 days of sale. After this deadline, Still srl will be
exonerated from any responsibility towards the Successful bidder in relation to custody, if
any deterioration or deterioration of the objects and will have the right to apply a fee, per
individual lot, for safekeeping, equal to € 1.00 per day. For off-site sales, the items awarded
and not collected will be transported and stored in our warehouses. The transport costs
incurred will be entirely at the expense of successful bidders. At the express request of the
successful bidder, Still srl may organize, at the expense and risk of the Successful bidder,
the packaging, transport and insurance of lots.
9. In the event of non-payment, Still srl may: a) return the goods to the failed seller and
demand payment of lost commissions and expenses incurred by the non-purchaser; b) act
for obtain the compulsory execution of the purchase obligation; c) sell the lot in private
negotiation, or at auctions subsequent, in any case to the detriment of the failed buyer,
withholding any advances paid, without prejudice in any case to the right to compensation
for damages. Still srl will still be exonerated from any responsibility towards the successful
bidder in relation to any deterioration or deterioration of the objects and will have the right
to be paid the rights for each single lot of custody in addition to any reimbursement of
expenses for transport to the warehouse, as per tariff a disposition of applicants. Any risk
for loss or damage to the awarded property will carry over to the buyer from the time of
the award. The buyer will be able to obtain delivery of the goods purchased only after
payment to Still srl of the price and any other commission, cost, or inherent
reimbursement.
10. Notwithstanding any contrary provision here contained, Still srl reserves the right to agree
with the successful bidders special forms of payment, for which the retention of title
agreement in favour of Still srl until the full and complete extinction of the debt. It is
therefore understood that the non-payment or delayed payment, even of only a part of the
instalments established, will give the right to the seller Still srl. to consider the sale
resolved, to request the immediate return of the asset if it had already been delivered and
to withhold the amount already paid as a title of deposit.
11. For objects subject to notification by the State pursuant to Legislative Decree 22.01.2004 n.
42 (so-called Code of Cultural Heritage) and subsequent amendments, buyers are
required to comply with all legislative provisions in force on the matter. The successful
bidder, in case of exercising the right to pre-emption by the State, cannot claim from Still
srl or the seller any refund of any interest on the price and auction commissions already
paid. The export of objects from part of the resident or non-resident buyers in Italy is
governed by the afore-mentioned legislation, as well as by customs, currency, and tax laws
in force. Therefore, the export of objects whose dating is over seventy years and is always
subject to the free circulation license issued by the competent Authority. Still srl assumes
no responsibility towards the buyer to any restrictions on the export of the awarded lots,
nor to any licenses or certificates that the same must be obtained on the basis of Italian law.
12. In addition to any other obligation or right provided for in these Conditions of Sale, Still srl
in the event that it has been informed or becomes aware of any claim or right of third
parties inherent in the ownership, possession or possession of the Lot may, at its discretion,
keep in custody the Lot pending settlement of the dispute or for the entire period deemed
reasonably necessary for such composition.
13. These Conditions of Sale, governed by Italian law, are tacitly accepted by everyone the
subjects participating in the auction sale procedure and remain available to anyone who
does so request; can be changed by means of a notice posted in the auction room or
through an announcement done by the auctioneer before the start of the auction. In the
event that Still srl allows the participation in the auction also through the website these
changes are also disclosed through the website before the auction starts. For any dispute
relating to the sales activity the exclusive jurisdiction of the Milan court is established at the
auction at Still srl. 16. Pursuant to art. 13 of Legislative Decree 196/2003 (Code regarding
the protection of personal data), Still srl, in its quality of the data controller, informs that the
data provided will be used, by paper means and electronic, in order to give full and
complete execution to the purchase and sale contracts stipulated by same company, as
well as for the pursuit of any other service relating to Still's corporate purpose srl. The
provision of data is optional, but it is strictly necessary for the execution of the concluded
contracts. Registration for auctions allows Still srl to send auction catalogs subsequent and
other information material relating to the activity of the same.
