The following general conditions govern the auction sales of modern and contemporary art works organized by A&C Casa D’Aste-Arte & Cornici di Minghini Roberto, based in Argenta (FE), Via Pier Luigi Nervi n. 15 / A, in the spaces made available and open to the public at its headquarters.
1. In order to allow the viewing and examination of the works being sold, these will be exhibited, in the days immediately preceding the auction, by A&C and its organization at its headquarters and / or at another location that will be, from time to time, indicated and maximum availability will be available for each interested party to view the lots in auction. Anyone will thus be able to take full, complete and careful vision of each individual lot, analyze its authenticity, origin, characteristics, techniques, dimensions, state of conservation, quality and so on. The interested party can freely examine the lots offered for sale also with the advice of one of his experts in order to evaluate their authenticity and every aspect and characteristic.
All lots will therefore be sold in the state in which they are found “as seen and liked” and, after the award, no disputes of any kind will be allowed, to which any interested party, by joining the auction, expressly renounces A&C cannot in any way be held responsible for any question and dispute concerning the quality, authenticity, attribution, origin, estimate, state of conservation or any other aspect relating to the lot sold.
The verbal descriptions and / or illustrations and captions of the assets contained in information sheets, catalogs, brochures or any other illustrative material, including online and / or websites, are purely indicative and cannot generate any reliance on the part of the successful bidder. A&C declines all responsibility for such descriptions and / or illustrations.
Even the estimates expressed for each individual lot are to be considered a mere personal opinion of the experts appointed by the A&C organization, therefore no responsibility relating to these indications can be attributed to the A&C organization and in any case it cannot generate any reliance.
The descriptions, in principle, will provide – it is reiterated purely by way of example without being able to generate any reliance on the participants in the auction, who are required to examine the works before each auction – one or more of the following information:
- Name and surname of the author and biographical summary
- Title of the work and year of execution
- Technique and dimensions (height, base and depth) position of the signature
- Entries on the back of the work, any stamps and labels
- Information regarding certificates and declarations of authenticity of the work as well as filings with relative number
- Publications on catalogs and participation in exhibitions
- Estimate of the work
- Auction base
2. A&C and its persons in charge, in carrying out the sales activity, except in cases in which the lots are its property, acts as an exclusive agent in the name and on behalf of each individual Seller, whose data are transcribed in the appropriate Registers of Public Safety and stored at its headquarters. The effects of the sale will be binding only between the Seller of the goods and the Purchaser of the same. A&C does not assume any responsibility towards the parties (Seller and Buyer) or third parties in general, except for those strictly descending from the mandate to sell contract.
Considering that the sale must be considered to have taken place between the Seller and the Buyer and that A&C and its organization assume no responsibility other than that of the mandate to sell, any responsibility pursuant to art. 1476 and ss. cod. civ. it will be borne exclusively by the Sellers of the works, including those relating to the eviction and / or defects of the thing sold.
3. Participation in the auction will take place after registration – to be carried out before the start of the sale session – which consists in filling in a Participation Form, with indication of personal data, telephone number as well as a copy of an identity document and tax code. . Within the limits permitted by law, if the interested party wishes to register as a legal person, he will also have to deliver a recent company registration certificate. Participants, Sellers and Buyers will be required to allow and provide their data in the manner provided for by the relevant legislation. A&C reserves the unquestionable right to decide, whether or not, to accept the participation of an applicant in its auctions.
After registration, the participant to the auction will be given a numbered scoop to be used to notify the Auctioneer of their bids and raises. The number marked on the scoop will allow the A&C organization to quickly identify the identity of the bidder.
A&C reserves the right to withdraw any lot from the auction at any time. The auctioneer, during the auction, will have the right to combine or separate the lots and possibly vary the sales order. The same and A&C may, at their only discretion, withdraw the lots if the bids in the auction do not reach the reserve price agreed with the Seller or for any other reason.
The auctioning of each single lot will be regulated by the “Auctioneer” Sales Director. The auction base relating to the starting price of each lot will be indicated by the auctioneer, at the only discretion of A&C.
A&C also reserves the right to accept bids written on the appropriate form (Bid Form) prior to the auction tender, by telephone after registration, electronically, in addition to those made by the bidders in the room with bids through the Auctioneer.
The bids in the room will progress with bids in the order of 10%, below we report the ” step ladder of bids” for clarification, it will in any case be in the description of the Auctioneer to vary or modify the amount of bids in the course of the auction:
- from € 0 to € 200.00 = € 10.00;
- from € 200.00 to € 1,000.00 = € 20.00;
- from € 1,000.00 to €. 5,000.00 = € 50.00;
- from € 5,000.00 to € 10,000.00 = € 100.00;
- from € 10,000.00 to €. 50,000.00 = € 200.00;
- from €. 50,000.00 onwards = € 500.00.
The Auction will be considered closed when the Auctioneer makes a hammer blow.
The proposed lots will be won to the highest bidder who, in submitting his bid, assumes the responsibility of paying the hammer price, (normally VAT included) plus the Auction Fees up to 20% for the successful bids in the room and up to 25% for the successful bids coming from electronic media.
In the few cases where VAT is not included in the bids it will be indicated on specific lots of the catalog.
The total payment of the hammer price, plus VAT and auction fees, must be paid no later than seven days after the end of the auction round and can be made in the following ways:
- Cash for an amount less than €. 1,999.00 (one thousand nine hundred ninety-nine / 00) or in any case within the limits permitted by the law in force;
- Credit cards and Bancomat (over 3% commissions);
- Bank transfer made out to Arte e Cornici di Minghini Roberto at BPER Banca (Argenta agency) IBAN IT85N0538767170000003207421 Swift code (BIC) BPMOIT22XXX;
- Cashier’s check made out to Arte e Cornici di Minghini Roberto;
- C / C bank check made out to Arte e Cornici di Minghini Roberto after agreement with the management.
In the event of non-payment of the hammer price, auction fees and any further charges, within the essential term of seven days (Article 1457 of the Italian Civil Code), any contractual relationship will be considered automatically terminated, without prejudice to A&C’s right. , in its capacity, to proceed with the compulsory execution of the purchase and payment obligation, or to sell the lot by private negotiation or in a subsequent auction to the detriment of the Successful Bidder. The object will be kept by A&C at the risk and expense of the Successful bidder until it is sold as above or returned to the Seller in agreement with the same. In any case of termination due to default by the Successful Bidder, he will be required to pay, pursuant to and for the purposes of art. 1382 cod. civ., a penalty corresponding to the commission on the hammer price as determined above, except for any greater damage.
The Successful Bidder, after having paid the full amount including VAT and commissions for the Auction Rights, must personally collect the purchased lots at his own expense, always within and no later than seven days from the award, at the A&C headquarters.
Ownership of the asset is transferred to the Successful Bidder only at the time of payment of the full price, plus VAT if and as due and in addition to the auction commission in favor of A&C.
Once payment has been made, A&C will issue the successful bidder with a regular Commercial Sales Document or Invoice with a description of each lot awarded.
A packaging and transport service is available for the lot purchased in special wooden crates at the expense and risk of the successful bidder to be agreed with A&C.
4. A&C assumes no responsibility towards buyers for any limits, and / or restrictions and / or prohibitions and / or pre-emptions relating to the goods purchased also with reference to their export, free circulation, or in relation to any licenses and / or permits. and / or rights that the Purchaser must independently obtain or procure on the basis of the Italian legislation in force and the so-called Code of Cultural Heritage.
The Purchaser will be required to observe, at his own charges and expenses, all the laws in force on the subject (customs, currency, to protect the artistic heritage, copyright, etc.), none excluded, also with reference to the specific type and / or specific characteristics and / or the date of execution of the purchased good.
A&C cannot in any way be held responsible for any denials and / or pre-emptions and / or other, of any kind, by the competent authorities.
5. The VAT legislation in force and reference will be applied in consideration of the characteristics of the Seller, the work and the successful bidder.
6. Resale right: the obligations established by the Legislative Decree n. 118/2006 will be charged to the principal and will be paid by the A&C organization to S.I.A.E. to the extent established by law and where deemed, offset with the amount due to the principal.
7. The conditions of sale as better described and stated above, also present on websites, are certainly understood to be fully and tacitly accepted by all those who participate in the sale procedure.
8. The data collected from each participant in the auction will be processed in accordance with current privacy regulations and the GDPR, with respect to the use of which the participant, by joining the auction, declares to have received all information in this regard and to give his free consent, specific and informed about the use of their data.
9. For any dispute concerning these conditions and the conduct of the auction, Italian law will be applied and the Court of Ferrara will be exclusively competent.