Terms and Conditions
Terms and Conditions of Sale
Terms and Conditions of Sale
1. Important information for potential buyers
1.1 The lots are offered for sale by Il Ponte - Casa d'Aste Srl, a company
with registered office in Milan, Via Pontaccio 12 (20121), VAT and Milan
Company Register no. 01481220133, fully paid share capital of Euro
34,320.00 (Il Ponte), acting in the name and on behalf of the Seller as agent
with representation of the same, except for the cases in which Il Ponte is the
owner of the lot. Seller means any individual or company owning the lot
offered for sale by auction by Il Ponte.
1.2 These Terms and Conditions of Sale may be modified by means of a
notice posted in the auction room or via an announcement made by the
auctioneer before the auction begins. Potential purchasers should consult the
site www.ponteonline.com (Website) to review the most current information
on the lots in the catalogue.
1.3 The estimates published in the catalogue are an indication for potential
buyers and are expressed in Euro: the starting price for the auction and the
Hammer Price (i.e. the price at which a lot is sold at an auction by the
auctioneer) can be higher or lower than the evaluations indicated.
1.4 Il Ponte can organize a preview of the lots for sale before the auction,
with the purpose of allowing the participants to examine the quality and
state of preservation of the object being sold at the auction. All potential
buyers are required to examine in advance the conditions of each lot,
carrying out all the necessary verifications, with the prior consent of Il
Ponte. During the exhibition, the staff of Il Ponte will be available to
potential buyers to provide an updated illustration of the objects in question,
if available.
1.5 The illustrations in the catalogue are provided only to identify the lot.
The lack of explicit references in the auction catalogue regarding the
conditions of a given lot does not imply that the lot is free from
imperfections.
To supplement the descriptions contained in the catalogue, Il Ponte makes
available, upon request, condition reports on the status of each lot.
1.6 All objects of an electrical or mechanical nature are to be considered
solely on the basis of their artistic and decorative value and are not to be
considered functional. Before using any such object of a sold lot, it is best to
have any electrical system therein certified by a qualified electrician.
1.7 All written or verbal representations provided by Il Ponte, including
those contained in catalogues, reports, comments or evaluations, regarding
any characteristic of a lot - e.g. authorship, authenticity, provenance,
attribution, origin, date, age, period, cultural origin or source, its quality,
including its price or value - merely reflect opinions and may be reviewed
by Il Ponte and, if necessary, amended before the lot is offered for sale.
Except in cases of wilful misconduct or gross negligence, neither Il Ponte
nor its directors, employees, contractors or consultants can be held liable for
errors or omissions contained in these representations.
1.8 Except in the case of wilful misconduct or gross negligence, neither Il
Ponte nor its directors, employees, contractors or consultants will be liable
for acts or omissions relating to the preparation or conduct of an auction or
any matter relating to the sale of the lot.
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1.9 Without prejudice to the provisions set forth by Art. 1.7 and 1.8, any
liability of Il Ponte vis-à-vis the Buyer (the individual or company who
makes the highest bid in the auction accepted by the auctioneer) in
connection with the purchase of a lot is limited to the Hammer Price and the
buyer's premium paid to Il Ponte by the Buyer.
1.10 The fall of the auctioneer's hammer determines the acceptance of the
highest bid and the price at which a lot is sold by the auctioneer to the
Buyer. The fall of the auctioneer's hammer also determines the conclusion
of the purchase contract between the Seller and the Buyer.
2. Bids
2.1 Bids may be submitted in person in the room during the auction, in a
written offer before the auction begins, by phone or via the internet (in the
latter case only if the specific auction admits this possibility).
2.2 The offer and sale by Il Ponte of lots over the internet or by using the
phone are both distance contracts governed by Chapter I, Title III (Articles
45 et seq.) of Legislative Decree 6 September 2005, no. 206 (Consumer
Code) and Legislative Decree 9 April 2003, no. 70, which include the
regulations of electronic commerce.
2.3 Bids are generally increased by 10% unless otherwise determined by the
auctioneer and communicated before the auction begins.
2.4 In the event bids of an equal amount are submitted through the same
method (that is presented in the auction room, by telephone, in writing or
online), Il Ponte will take into consideration only the bid received first.
2.5 Where a dispute arises concerning the successful bid, the lot may be
withdrawn from the auction - at the sole discretion of the auctioneer - or
relisted for auction on the same day (in this case, the bids relating to the lot
made previously will no longer be taken into account).
2.6 At its own discretion, Il Ponte has the right to exclude anyone from
participating in the auctions; in particular, Il Ponte may refuse to allow any
potential buyer who has not previously fulfilled his obligations to Il Ponte,
even by way of compensation, to participate in the auction.
2.7 The auctioneer conducts the auction starting from the bid he considers
suitable. The auctioneer can put consecutive bids or respond to other bids in
the interest of the Seller up to the Reserve Price (the minimum price agreed
confidentially between Il Ponte and the Seller, below which the lot will not
be sold).
2.8 At any time Il Ponte has the right to withdraw any lot offered for sale.
The auctioneer has the right, at his sole discretion, to combine or separate
lots and to vary the order of sale from the one indicated in the catalogue,
provided that the lot is not offered for sale any day prior to the one indicated
in the auction catalogue.
2.9 In regard to each potential buyer, Il Ponte reserves the right to
subordinate participation in the auction to the presentation of a letter of bank
references or the deposit of a sum that guarantees the proper fulfilment of
the obligations laid down in these Terms and Conditions of Sale, which will
be returned once the auction has ended.
3 Bids in the auction room
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3.1 To participate in the auction in person, it is necessary to have the
appropriate numbered paddle, which is issued by the staff of Il Ponte at the
registration desk, upon filling in the auction registration form and upon
exhibiting the identity document of the potential buyer. Bidders shall place
their bids by raising the numbered paddle.
3.2 Il Ponte invites potential buyers to pick up their numbered paddle ahead
of time and informs them that they can also register for the auction during
the exhibition period held prior to the auction. The loss of a numbered
paddle must be reported immediately to Il Ponte, who will give the potential
buyer a new numbered paddle. The numbered paddle must be returned to Il
Ponte at the end of the auction.
3.3 Immediately after the successful bid, the Buyer shall sign a sale report.
3.4 Each lot sold in the auction room will be invoiced on the basis of the
personal information and address provided when the numbered paddle is
issued.
3.5 It is possible to participate in the auction on behalf of a third person. The
agent, when registering for the auction, must present a proxy signed by the
principal with an attached copy of the identity document and tax code of
both the principal and the agent; if the principal is a company, the proxy
must be signed by the legal representative thereof or by an agent with power
of attorney, whose identity document and tax code must be attached to the
proxy. In any case, Il Ponte reserves its right to prevent the agent from
participating in the auction when, at its sole discretion, it deems that the
power of attorney has not been sufficiently demonstrated.
3.6 Under no circumstances shall bids be accepted "without limits" or "upon
examination".
4 Bids submitted in writing
4.1 Written bids may be submitted by filling in the "Written telephone bid"
form (Form) annexed to the auction catalogue or available for download
from www.ponteonline.com (Website).
4.2 The Form shall be sent to Il Ponte at least 24 hours before the start of the
auction: either i) by fax to +39 02.72022083 (for auctions organized at the Il
Ponte offices in Milan, Via Pontaccio 12) or to +39 02.36633096 (for
auctions organized at the Il Ponte offices in Milan, Via Pitteri 8/10), or b) by
sending an email in pdf format to info@ponteonline.com (or the email
address of the relevant department of Il Ponte provided on the Website or in
the auction catalogue), in all cases the required documentation specified in
the Form must be enclosed; in case of failure to provide the required
documentation, Il Ponte does not guarantee that it will accept the bids
indicated in the Form. Il Ponte will accept only bids equal to or higher than
80% of the minimum estimate indicated in the catalogue with respect to the
lot for which the bid is submitted.
4.3 Written bids will only be accepted if rounded to a multiple of ten;
otherwise, Il Ponte will consider the offer as being rounded down to the
nearest multiple of ten (for example, a written offer of € 238.00 will be
considered by Il Ponte as a bid of € 230.00).
4.4 Il Ponte, in allowing potential buyers to raise bids, will take into account
both the Reserve Price and the other bids, so as to attempt to sell the lot for
which a written bid was submitted at the lowest possible Hammer Price. The
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amounts specified in the Form shall be meant as maximum amounts. Il
Ponte will not take into consideration bids for unlimited amounts or bids for
an unspecified amount.
4.5 Il Ponte is not responsible for any errors made by the potential buyer in
completing the Form. Before sending the Form to Il Ponte, the potential
buyer is required to verify that the lot description indicated in the Form
corresponds to the good that he intends to buy; in particular, the potential
buyer is required to verify that the auction catalogue number and the lot
description correspond. In the case of discrepancy between lot number and
lot description, Il Ponte will make the bid on behalf of the potential buyer by
referring exclusively to the lot number.
4.6 At the end of the auction, the Buyer will be informed by Il Ponte via
email that his bid was succesful; in any case, each potential buyer is invited
to contact Il Ponte at the contact details indicated in Article 16 in order to
check if his bid was succesful.
4.7 In case a written bid and a bid made in person in the auction room, by
telephone or online are placed for the same amount, the latters shall prevail
with respect to the written bid.
4.8 Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code, if
the auction sale contract is concluded with a Buyer who has made a written
offer, and he may be qualified as a consumer under Article 3, paragraph 1,
letter a) of the Consumer Code, the Buyer will not have the right of
withdrawal, as the selling method used is a public auction, as defined by
Article 45, paragraph 1, letter o) of the Consumer Code.
5 Bids submitted by telephone
5.1 By filling in and submitting the Form, a potential buyer can participate
in the auction and make telephone bids.
5.2 The Form must be sent to Il Ponte at least 24 hours before the start of
the auction - by fax to +39 02.72022083 (for auctions organized at the Il
Ponte offices in Milan, Via Pontaccio 12) or to +39 02.36633096 (for
auctions organized at the Il Ponte offices in Milan, Via Pitteri 8/10), or by
sending an email in pdf format to info@ponteonline.com (or to the email
address of the relevant department of Il Ponte provided on the Website or in
the auction catalogue), in all cases enclosing the required documentation
specified in the Form.
5.3 Following the receipt of the duly completed Form, Il Ponte will contact
the potential buyer at the phone number indicated in the Form before the
sale of the lot for which the potential buyer intends to make telephone bids.
5.4 The minimum estimate indicated in the catalogue in reference to each lot
for which potential buyers intend to make telephone bids must be at least €
100,00; otherwise, Il Ponte will not contact the potential buyer nor will he
be able to make telephone bids for the lot.
5.5 If, for any reason, including technical reasons, Il Ponte is not able to
telephone the potential buyer, Il Ponte will have the right to bid on behalf of
the potential buyer, in regard to each lot specified in the Form, up to a
Hammer Price equal to the maximum bid listed by the potential buyer in the
Form, or if that maximum bid is not reached, up to the minimum estimate
indicated in the catalogue for that lot.
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5.6 Il Ponte is not liable in any way for any delay in or failure to make
telephone bids arising from the malfunction of the telephone line, except for
wilful misconduct or gross negligence.
5.7 Telephone conversations during the auction will be recorded. The staff
of Il Ponte is able to make phone calls in Italian, English, German, French
and Chinese.
5.8 Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code, if
the auction sale contract is concluded with a Buyer who has made an offer
by telephone, and he may be qualified as a consumer under Article 3,
paragraph 1, letter a) of the Consumer Code, the Buyer will not have the
right of withdrawal, as the selling method used is a public auction, as
defined by Article 45, paragraph 1, letter o) of the Consumer Code.
6 Bids submitted online
6.1 Il Ponte will give notice on its Website (at least 24 hours before the
auction starts) and/or in the auction catalogue if bids can be made online,
via the Website or sites operated by third parties.
6.2 Online bids are regulated both by these Terms and Conditions of Sale
and by the "Additional conditions for the submission of online bids"
available on the Website or on request. In the event of inconsistency
between these Terms and Conditions of Sale and the "Additional conditions
for the submission of online bids", the latter shall prevail.
6.3 For information about registering for the auction and submitting online
bids, please refer to the Website.
6.4 Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code, if
the auction sale contract is concluded with a Buyer who has made an online
bid, and he may be qualified as a consumer under Article 3, paragraph 1,
letter a) of the Consumer Code, the Buyer will not have the right of
withdrawal, as the selling method used is a public auction, as defined by
Article 45, paragraph 1, letter o) of the Consumer Code.
7 Payment
7.1 In the event of a successful bid, the Buyer shall pay the Hammer Price
of the lot to Il Ponte, in addition to a buyer's premium of 25% (if the auction
was held at the saleroom of Il Ponte in Milan, Via Pontaccio 12) or 35% (if
the auction was held at the saleroom of Il Ponte in Milan, Via Pitteri 8/10)
of the Hammer Price (in addition, to the payment of any other amount due
to Il Ponte under these General Terms and Conditions related to the lot sold)
(Amount Due).
7.2 The Buyer undertakes to pay the Amount Due no later than ten days
from the day following the date of the sale.
7.3 The transfer of ownership of the lot will take place only when payment
is made by the Buyer of the Amount Due.
7.4 In the event of failure to pay or delay in payment by the Buyer, in whole
or in part, of the Amount Due, Il Ponte has the right to request the fulfilment
or to terminate the sale contract pursuant to Article 1456 of the Civil Code,
by giving written notice to the Buyer, without prejudice in any case to
compensation for any damages. Il Ponte may also deposit the lot in the
custody of a third party or, alternatively, in its own custody and charge the
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Buyer € 10.00 per day for storage, in all cases at the Buyer's risk and
expenses.
7.5 Each lot can be paid by cashier's check, credit card, debit card, bank
transfer or cash, within the limits specified in paragraph 7.9.
7.6 Payment of the lot can be made in Milan at the offices of Il Ponte in Via
Pontaccio 12 or in Via Pitteri 8/10 (according to where the auction was
held) during the following office hours: Mon-Ven. 9 am to 1 pm; 2 pm to
5:30 pm (excluding public holidays in Italy).
7.7 The following credit cards are accepted: American Express, Diners, Visa
and MasterCard. Payment can be made exclusively by the owner of the
credit card.
7.8 The bank details for wire transfers are the following: IBAN IT
51H0832950860000000011517; Swift code no. ICRAITRR950;
Beneficiary: Il Ponte - Casa d'Aste Srl. In the space for "reason for
payment" (causale), please provide your full name and the invoice number.
7.9 Il Ponte can accept single or multiple payments in cash only for amounts
less than € 2,999.99.
7.10 Il Ponte has the right to control the source of the payments it receives
and to refuse payments from people other than the Buyer.
7.11 Pursuant to Legislative Decree 231/07 and subsequent amendments
and additions and in full compliance with the provisions of Legislative
Decree 196/2003 (Privacy Code) and EU Regulation 2016/679, Il Ponte will
require from all customers the data necessary to the fulfillment of the
obligations of adequate verification of the Customer and of the beneficial
owner.
8 Delivery and collection of the lot
8.1 The lot will be delivered by Il Ponte to the Buyer only after receiving
full payment of the Amount Due.
8.2 Il Ponte does not undertakes the obligation to arrange for shipment of
the lot sold, which must be collected by the Buyer in Milan at the offices of
Il Ponte in Via Pontaccio 12 or in Via Pitteri 8/10 (depending on where the
auction was held), within seven days following the day the Amount Due is
paid.
8.3 If the Buyer fails to collect the lot in a timely fashion, Il Ponte has the
right to request the fulfilment and, failing that, to deposit the lot in the
custody of a third party or, alternatively, in its own custody and charge the
Buyer € 10.00 per day for storage, in all cases at the Buyer's risk and
expenses.
8.4 In the event that the Buyer entrusts the collection of the lot to a third
party, said party must be provided with a written authorization of the Buyer
as well as a copy of the identity document of both the represented party and
his agent.
8.5 At the express request of the Buyer, Il Ponte can arrange, at the Buyer's
expenses and risk , for the packaging, transport and insurance of the lot,
subject to prior notice and written acceptance of the Buyer in relation to the
relevant expenses. The shipping may be carried out by a carrier hired by Il
Ponte, in accordance with the instructions of the Buyer, or hired directly by
the Buyer, depending on the agreement between the parties.
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8.6 In the event of death, disqualification, incapacitation or termination, for
any reason, of the Buyer, duly notified to Il Ponte, it is agreed that Il Ponte
will deliver the lot on the basis of an agreement between all the assignees of
the Buyer or in compliance with the procedures established by the judicial
authority.
9 Transfer of risk
9.1 A purchased lot is entirely at the risk of the Buyer starting on the earliest
of the following: (i) the date the Buyer receives the lot purchased, or (ii) the
date the Buyer pays the Amount Due for the lot; if none of these events
takes place, the transfer of risk will in any case have effect after the ten (10)
day-period of the sale has elapsed.
9.2 The Buyer will be compensated for any loss of or damage to the lot that
occurs after the sale but before the transfer of risk, but the compensation
may not exceed the Hammer Price of the lot plus the buyer's premium
received by Il Ponte. Except in cases of wilful misconduct or gross
negligence, in no event will Il Ponte be responsible for the loss or damage of
glass/frames containing or covering prints, paintings or other works unless
the frame and/or the glass is part of the auctioned lot.
9.3 In no event will Il Ponte be liable for any loss or damage: (i) that occurs
as a result of any action (including restoration or cleaning of the work or the
frame) carried out by independent experts hired by Il Ponte with the consent
of the Seller (or the Buyer) of the lot; (ii) arising, directly or indirectly,
from: (a) changes in humidity or temperature; (b) normal wear and tear or
gradual deterioration resulting from interventions on the object and/or flaws
or hidden defects (including woodworms and wood parasites); (c) errors in
treatment; (d) war, nuclear fission, radioactive contamination, chemical,
biochemical or electromagnetic weapons; (e) acts of terrorism.
10 Counterfeiting
10.1 If, after the sale, a lot turns out to be a counterfeit, Il Ponte will
reimburse any Buyer who has requested termination of the sale contract -
upon the return of the lot to Il Ponte - in an amount equal to the Hammer
Price and the buyer's premium paid, in both cases in the currency in which
these amounts were paid by the Buyer. The obligation of Il Ponte is subject
to the condition that, no later than five (5) years from the date of sale, the
Buyer: (i) gives Il Ponte written notice, within ninety (90) days from the
date on which he received information causing him to believe that the lot is
counterfeit, of the lot number, the date of the auction where the lot was
purchased and the reasons why the Buyer believes that the lot is counterfeit;
(ii) is able to return the lot to Il Ponte free from any demands or claims by
third parties made after the date of sale, and the lot is in the same condition
as at the date of sale; (iii) provides Il Ponte with the reports of at least two
scholars or independent experts of recognized competence, in which they
explain the reasons why the lot is to be considered a counterfeit.
10.2 Il Ponte will not be bound by the opinions provided by the Buyer, and
reserves the right to request additional expert advice at its own expense.
10.3 Il Ponte will not make a refund if: (i) the description in the catalogue
was in accordance with the generally accepted opinion of scholars and
experts on the date of the sale or indicated that the authenticity or attribution
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of the lot was controversial; or (ii) on the date of publication of the
catalogue the counterfeit nature of the lot could be ascertained only by
carrying out analyses generally considered inadequate for that purpose or
otherwise not feasible, whose cost was unreasonable or which might
reasonably have damaged or otherwise resulted in a decrease in the value of
the lot.
Under this Article, counterfeit means, in the reasonable opinion of Il Ponte,
the imitation of a lot offered for sale, not described as such in the auction
catalogue, created for the purpose of deception in regard to the authorship,
authenticity, provenance, attribution, origin, source, date, age, period of the
lot, which on the date of the sale had a value lower than it would have had if
the lot had corresponded to the description in the auction catalogue. A lot
that has been restored or modified in any way (including repainting or
painting over) does not constitute a counterfeit.
11 Export from the territory of the Italian Republic. Declaration of cultural
interest
11.1 The export of a lot from the territory of the Italian Republic may be
subject to the issuance of a certificate of free circulation or of an export
license, in accordance with the requirements of Article 68 et seq. of
Legislative Decree 22 January 2004 no. 42 (Urbani Code). It is the Buyer's
responsibility to present the declaration required to obtain the issue of a
certificate of free circulation and/or the export license; under no
circumstances may Il Ponte be held responsible for the failure to obtain the
aforementioned documents.
11.2 The failure to grant or the delay in issuing the certificate of free
circulation and/or the export license shall not give rise to the termination or
annulment of the sale, nor shall it justify the non-payment or delay in
payment of the Amount Due by the Buyer.
11.3 At the Buyer's request and expenses, Il Ponte may apply for the
issuance of the certificate of free circulation and/or the export license,
provided that the Buyer has already paid the Amount Due. Il Ponte charges
to the Buyer a fee of € 150.00 (plus VAT) for each work for which an
application is filed.
11.4 Each lot offered for sale at auction can be the subject of a declaration
of cultural interest by the Ministry of Culture and Heritage and Tourism in
accordance with Article 13 of the Urbani Code. In that case - or if, in
relation to the lot, the proceeding of declaration of its cultural interest
pursuant to Article 14 of the Urbani Code has commenced - Il Ponte will
communicate as much in the catalogue and/or through an announcement
made by the auctioneer before the lot is offered for sale. In the event the lot
has been the subject of a declaration of cultural interest prior to its sale, the
Seller will report the sale to the competent Ministry pursuant to Article 59
of the Urbani Code. The sale is subject to the condition precedent that the
relevant Ministry exercises the right of pre-emption within sixty days of
receipt of such report, or within a period greater than one hundred and
eighty days, pursuant to Article 61 paragraph II of the Urbani Code. During
the period provided for the exercise of the right of pre-emption, the lot
cannot be delivered to the Buyer, pursuant to Article 61 of the Urbani Code.
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11.5 Please note that the lot marked with § has been imported under a
temporary customs licence. The hammer price for the lot will be subject to a
reduced rate of VAT (currently at a rate of 10%) for EU residents only. The
cost of € 300 regarding the final importation will be at the buyer's expense.
Il Ponte casa d'Aste will not be responsible for the delays in paperwork
procedures.
11.6 Please note that the lot marked with # has been imported under a
temporary artistic importation licence.
12 Resale right
12.1 If due, the payment of the so-called "resale right" (introduced by
Legislative Decree 13 February 2006, no. 118, implementing Directive
2001/84/EC) will be paid by the Seller.
13 Protected species
13.1 Regardless of the issue of a certificate or an export license under
Article 68 et seq. of the Urbani Code, all lots consisting of or containing
parts of plants or animals (e.g.: whalebone, crocodile, ivory, coral, turtle),
regardless of their age or value, may require a permit or certificate before
export, and/or additional licenses and/or certificates for importation into
non-EU countries. The granting of a license or a certificate for import does
not guarantee the issuing of a license or certificate for export, and vice
versa. Il Ponte recommends that potential buyers check their own specific
national legislation regarding requirements for the imports of goods made of
or containing protected species into their country. It is the Buyer's
responsibility to obtain these import or export licenses/certificates, as well
as any other required supporting document, before making any bid.
14 Legal Guarantee of Conformity
14.1 All lots sold through Il Ponte are covered by the legal guarantee of
conformity provided for in Articles 128-135 of the Consumer Code (Legal
Guarantee).
14.2 The Legal Guarantee is given to the consumer (who, pursuant to
Article 3, paragraph I, letter a) of the Consumer Code, is an individual who
acts for purposes unrelated to his business, commercial, craft or professional
activities).
14.3 The Seller is liable to the consumer for any lack of conformity existing
at the time of delivery of the product and that becomes apparent within two
years of that delivery. The lack of conformity must be reported to the Seller
within two months of the date on which it was discovered, otherwise the
guarantee is voided. Unless proved otherwise, it is assumed that any lack of
conformity which becomes apparent within six months of delivery of the
product already existed on the delivery date, unless this assumption is
incompatible with the nature of the product or with the nature of the lack of
conformity. From the seventh month following the delivery of the lot, it
becomes the consumer's burden to prove that the defect existed at the time
of delivery. In order to avail himself of the Legal Guarantee, therefore, the
consumer shall first give proof of the date of the sale and of the delivery of
the lot. The consumer, in order to be able to provide this proof, should
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therefore keep all documentation suitable to demonstrate the sale (for
example, the purchase invoice) and the date of delivery or collection of the
lot.
14.4 With reference to the definition of "lack of conformity", please refer to
the provisions of Article 129, paragraph II, of the Consumer Code.
Excluded from the scope of the Legal Guarantee are defects caused by
accidental events or by responsibilities of the consumer, or by any use of the
lot that is incompatible to its intended use.
14.5 In the event of a lack of conformity duly reported in the appropriate
terms, the consumer is entitled: (i) first of all, to the repair or replacement of
the lot, at his choice, free of charge, unless the solution requested is
impossible or excessively expensive compared to the other; (ii) second, (in
cases where repair or replacement is impossible or prohibitively expensive
or the repair or replacement did not take place within a reasonable time or
the repair or replacement made previously caused significant inconvenience
to the consumer) to a reduction in the Hammer Price or the termination of
the contract, at his choice. The remedy requested is overly burdensome if it
imposes unreasonable costs on the Seller with respect to alternative
remedies that may be exercised, taking into account: (i) the value the object
would have if there were no lack of conformity; (ii) the nature of the lack of
conformity; (iii) the possibility that the alternative remedy could be
implemented without significant inconvenience to the consumer.
14.6 If, during the period of validity of the Legal Guarantee, the lot
manifests a lack of conformity, the consumer may inform Il Ponte of this
fact at the contacts provided in Article 16. Il Ponte will reply promptly to
communications of any alleged lack of conformity and indicate to the
consumer the specific procedure to be followed.
15 Contacts
It is possible to ask questions, send information, request assistance or file
complaints to Il Ponte:
- by email: info@ponteonline.com;
- by mail: Il Ponte - Casa d'Aste srl, Milan, Via Pontaccio 12 (20121) or Via
Pitteri 8/10 (20134);
- by phone: +39 02.863141 (offices in Via Pontaccio 12) or +39 02.8631472
(offices in Via Pitteri 8/10) (phone numbers are not free of charge and
operate at the following times: Mon-Ven. 9 am to 1 pm; 2 pm to 6 pm, for
the offices in Via Pontaccio 12; 9 am to 1 pm; 2 pm to 5:30 pm for the
offices in Via Pitteri 8/10, in both cases excluding public holidays in Italy);
- by fax: +39 02.72022083 (offices in Via Pontaccio 12) or +39
02.36633096 (offices in Via Pitteri 8/10);
Il Ponte will reply to complaints within five working days of their receipt.
16 Jurisdiction and applicable law
16.1 The contractual relationship between Il Ponte and the Buyer is
governed by Italian law. As for consumers who do not have their habitual
residence in Italy, this is without prejudice to the application of more
favourable provisions provided by the Country where consumers have their
habitual residence.
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16.2 In the case of consumer Buyers, for any dispute concerning the
application, implementation and interpretation of these Terms and
Conditions of Sale, the jurisdiction shall be the location where the consumer
resides or is domiciled.
16.3 Under Article 141-sexies, paragraph 3 of the Consumer Code, Il Ponte
informs the consumer Buyer that, in the event he has filed a complaint
directly with Il Ponte, after which however it has not been possible to
resolve the dispute, Il Ponte will provide information about the Alternative
Dispute Resolution entity or entities for the extra-judicial settlement of
disputes relating to the obligations arising from any contract concluded
under these Terms and Conditions of Sale (so-called ADR entities, as
specified in Articles 141-bis et seq. of the Consumer Code), specifying
whether or not it intends to make use of such entities to resolve such
dispute.
16.4 Il Ponte also informs the consumer Buyer that a European platform for
online dispute resolution of consumer disputes has been established (the socalled ODR platform). The ODR platform is available at
http://ec.europa.eu/consumers/odr/; through the ODR platform, the
consumer Buyer may consult the list of ADR entities, find the link to the
website of each of them and start an online dispute resolution procedure for
the dispute in which he is involved.
This is without prejudice of the consumer Buyer's right to appeal to a
competent ordinary court for settlement of the dispute arising from these
Terms and Conditions of Sale, regardless the outcome of the out-of-court
dispute settlement procedure pursuant to Part V, Title II-bis of the
Consumer Code.
16.5 The Buyer who is resident in an EU member state other than Italy may
also have access, for any dispute concerning the application, implementation
and interpretation of these Terms and Conditions of Sale, to the minor
disputes procedure established by Regulation (EC) No. 861/2007 of 11 July
2007, provided that the value of the dispute does not exceed, excluding
interest, fees and expenses, Euro 2,000.00. The text of the regulation is
available on the website www.eur-lex.europa.eu.
INFORMATION on ART 13 of the G.D.P.R.
Pursuant to and for the effects of art. 13 of the New Data Protection
Regulation (GDPR 2016/679), we inform the Customer (so-called interested
party) that:
1. Owner and other designated persons
The data controller is Il Ponte - Casa D'aste S.r.l. , with registered office in
Milan, Via Pontaccio n. 12, in the person of the director, Dr. Rossella
Novarini, mail: direzione.generale@ponteonline.com. For the purpose of
replying to the interested party in case of exercise of rights by the latter, it is
possible to contact Francesca Conte, mail:
francesca.conte@ponteonline.com.
The appointed DPO is Programmastudio Spa, in the person of the Dr.
Pasquale Iannone, tel. 02 2829389, mail: privacy@programmastudio.it.
2. Treatment and legal basis
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Personal data, freely provided by the Customer to the company on the basis
of the activity carried out by virtue of specific contractual regulations, will
be treated in a lawful manner, according to correctness, and in accordance
with the provisions of the Regulations, for the purpose of:
- fulfilling the mandate to sell and / or participating in the scheduled
auctions;
- for the purposes established by the current anti-money laundering
legislation (Legislative Decree 231/07 and subsequent amendments).
The provision of the above data is mandatory for the holder to be able to
carry out the task assigned to him. In case of refusal to provide the requested
data, the holder will find it impossible to perform the contractually provided
services, due to fact and fault of the Customer concerned.
Personal data such as e-mail address, provided optionally by the Customer
to the company on the basis of a specific consent issued by the same, will be
processed in a lawful and correct manner, as well as in accordance with the
Regulation for the purposes of forwarding information, updates and news
regarding new auctions and / or future events.
For this purpose the company will collect the consent with electronic and /or
written modalities.
The image will be recorded, by means of a video recording system and as
per reported information, in the legitimate interest of the Owner, or in order
to protect the safety of persons and the protection of the company's assets.
3. Processing tools and data storage methods
The data processed (which may be: common and identifying) are updated,
complete, relevant and not excessive with respect to the aforementioned
purposes of processing.
The same data will be processed, in compliance with the security and
confidentiality required through the following procedures: collection of data
from the interested party, registration and storage of the same for
predetermined, explicit and legitimate purposes. The same data will be
processed using both paper and electronic and automated means.
Personal data will be processed by the Data Controller as well as by
employees and collaborators authorized to process the data.
The data may be communicated, to the public bodies recipients of the
communications /declarations object of the present contract, as well as to
the appointed inspection persons, where required, during the verification
and control phases related to the regularity of the fulfilments.
The same data, object of this information, can be communicated to
professionals and /or collaborators of the holder for the accomplishment of
the assigned task and for the same purposes. Moreover, the data in question
will not be disseminated beyond the limits specified therein, unless
otherwise indicated by the interested party, provided in writing.
It is not the intention of the Data Controller to transfer the data object of this
letter to a third country or to an international organization. It should be
noted that the external backup is also performed by an Italian company,
therefore also required to comply with the privacy legislation in question,
through the use of server sites on Italian territory.
There is no automated decision making process.
Finally, the interested party is informed that the Data Controller has set up a
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great variety of security measures to protect data against the risk of loss,
misuse or alteration.
4. Data retention period
The data, subject of this information, will be kept:
- for 10 years (ten years) from the conclusion of the contractual relationship,
for treatment with a contractual legal basis;
- 5 years from the withdrawl of consent for treatment with a consensual
basis;
- no more than 72 hours, relative to the treatment of images of the
video surveillance.
5. Rights of the interested party
The interested party has the right:
- to ask the Data Controller to confirm or not the possession of personal data
concerning himself, even if not yet registered, and their communication in
an intelligible form, as well as access to personal data, its possible updating
or integration, correction or the cancellation of the same, the transformation
of the same in anonymous form or the blocking of those treated in violation
of the law, the limitation of the processing that concerns himself or to
oppose its treatment, in addition to the right to data portability. The
interested party also has the right to obtain an indication of the origin of
personal data, its purpose and the methods of treatment, as well as the logic
applied in case of treatment carried out with the aid of electronic
instruments;
- he may also object in whole or in part to the processing of data concerning
him for the purpose of sending advertising material, direct sales or market
research or commercial communications;
- he has the right to withdraw the consent at any time, without prejudice to
the lawfulness of the processing performed on the basis of the consent given
prior to the revocation, as well as the right to place a complaint with a
supervisory authority.
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