Terms and Conditions of Business UK
1.Bertolami Fine Arts srl (hereinafter BFA), acts directly or as exclusive agent in its own name and on behalf of each seller. The effects of the sale affect the seller and BFA does not assume, when acting as agent, any liability to the successful bidder or to third parties in general other than that arising out of its capacity as agent.
2.The objects are awarded to the highest bidder and for cash. In case of dispute between several successful bidders, the lot will, at the unquestionable judgement of the auctioneer, be put up for sale during the auction and judged again. Bids may be made through our website (www.bertolamifineart.com) or the web portals published in the sales information, by fax, email, telephone (in this case the telephone calls will be recorded, at the BFA's discretion) or directly at the BFA's premises. Bids by telephone, email, fax, through our website or the web portals listed above may be made up to the time indicated in the auction information. BFA will not accept transfers to third parties of lots already awarded and will hold the successful bidder solely responsible for payment. Participation in the auction in the name of and on behalf of third parties can only be accepted if a notarized power of attorney and appropriate bank references are deposited at the BFA offices.
3.BFA BFA reserves the law to remove any lot. During the auction, the auctioneer has the right to combine or separate lots and change the order of sale. BFA may also remove lots if the offers do not reach the reserve price agreed between BFA and the seller. According to your sole discretion, BFA reserves the right to cancel the selling of a lot if, after the assignment of the same one, errors in the description are noticed or if the reserve price (contractually agreed with the owner) has been incorrectly transcribed. BFA is not responsible for errors or omissions in the description of works, nor for their authenticity and originality. Therefore, no guarantee of authenticity is implicitly or explicitly provided with regard to lots offered at auction, with the exception of numismatic items.
- The successful bidder will pay BFA an auction fee for each lot.
5.All the participants in the auction are required, in accordance with the validity of a possible auction, to fill in a participation form with the personal data and information required, before each auction. In order to be able to make purchases, it is necessary to have the capacity to act required by Italian law, i.e. to have reached the age of eighteen years of age. Otherwise, each activity must be carried out through the parent or other person exercising parental authority or guardian.
6.BFA may accept mandates to purchase, by bidding through the Auctioneer, in competition with the public participating in the auction. In the case of identical bids, the written bid will prevail over the oral bid made in the hall. In the case of identical bids for the same lot, the same will be awarded to the bidder whose bid was received first. BFA reserves the right to reject bids from unknown bidders unless a deposit is issued to cover the full value of the desired lots or, in any case, other appropriate security is provided.
7.At the time of awarding the contract, BFA may ask the successful bidder for his personal details and, in the event of non-immediate and cash payment, the successful bidder must provide BFA with appropriate and controllable bank references: in the event that the above data or circumstances are clearly not true or incomplete, or in any case that the bank references are inadequate, BFA reserves the right to cancel the contract for the sale of the lot awarded.
8.BFA, when acting as agent of the sellers, declines all responsibility for the description of the items contained in the catalogues, brochures and any other illustrative material; the above descriptions, as well as any other indications or illustrations, are purely indicative and may not give rise to any reliance whatsoever on the successful bidders. All auctions are preceded by an exhibition in order to allow an in-depth examination of the state of conservation, origin, type and quality of the objects. After the award, neither BFA nor the sellers will be liable for defects in the state of preservation, incorrect attribution, origin, weight and lack of quality of the objects. Neither BFA nor the personnel commissioned by BFA will be able to give any guarantee in this respect, except in cases provided for by law. For the purposes and for the purposes of Article 1488, paragraph 2, of the Civil Code, BFA specifies that the present sale constitutes a random contract and therefore any guarantee for its avoidance is excluded. In the event that the successful tenderer should suffer the total or partial avoidance of the goods covered by this sale, the successful tenderer will not be able to claim from BFA either compensation for the damages suffered or the refund of the price paid and the reimbursement of expenses. In accordance with article 1487, paragraph 2, of the Civil Code, the guarantee for the avoidance resulting from BFA's own actions remains unaffected. In addition, BFA is not liable to the successful bidder for any loss of profit or any other indirect or consequential loss or damage resulting both from breach of contract and from BFA's non-contractual and pre-contractual liability. BFA undertakes to supply the successful bidder with the goods which the bidder is obliged to purchase, except for impediments due to force majeure or other causes beyond its reasonable control (such as, for example, strikes, theft, fire or other natural disasters, delays and cancellations of transport journeys) or other causes due to the will of third parties not depending on BFA (such as, for example, sales, export or import bans imposed by Italian or foreign state authorities). BFA will reimburse the sums received by the successful bidder for the purchase of the goods with the exception of the costs of transporting the goods, if incurred or in progress, for the insurance of the goods and customs and/or import taxes.
9.Estimates of the possible sale price of each lot are printed below the description of the lots in the catalogue and do not include the auction fees due to the successful bidder. These estimates are purely indicative. The descriptions of the lots in the Catalogue may be subject to revision, by means of communications to the public during the auction. BFA may accept pre-auction bids on the lots offered for sale even below the reserve amount. If a lot does not receive bids higher or equal to the reserve amount, Bertolami Fine Arts shall submit the highest bid received in the pre-auction phase to the approval of the seller. The seller's decision shall be communicated to the bidder within fifteen days from the date of the auction.
10.The total payment of the auction price and the auction rights must be made in full, in Euro, within ten days of the award. Failing this, BFA, without prejudice to compensation for greater damages, may: a) proceed with the forced execution of the purchase obligation; b) sell the lot by private treaty or in a subsequent auction to the detriment of the successful bidder, withholding any down payments received as a penalty. The item will be kept by BFA at the risk and expense of the successful bidder until it is sold as above or returned to the seller at the latter's request. In any case, until the date of return or sale, the successful bidder will be required to pay BFA a penalty of 1%/month on the invoice amount; interest calculated in this way will be applied to the sums due from the 30th day following the date of the award. Delivery of the lot awarded may take place only after verification that payment has been made.
11.The shipment of goods sold to Italian buyers is made by insured express courier. Shipment for goods sold to foreign buyers for an amount exceeding € 200.00 is usually made by express courier insured at the expense and risk of the recipient, unless otherwise agreed directly with the buyer. If expressly requested by the customer, BFA may ship by insured and traceable registered mail. Invoices of less than € 200.00 will normally be sent by insured registered mail.
Notwithstanding any provision to the contrary contained herein, BFA reserves the right to agree with the successful bidders special forms of payment, to deposit the lots awarded in private / public warehouses or sell them privately, to settle disputes or disputes made by or against the successful bidders and generally to take any action it deems appropriate to collect sums due from the successful bidder or even, depending on the circumstances, to cancel the sale in accordance with Articles 13 and 15 and return the price to the successful bidder.Payment of the lots awarded must be made no later than 7 days after the purchase invoice is sent to the email address indicated by the successful bidder. Starting from the 21st day after sending the same, a penalty of 1%/month will be charged on the amount of the outstanding invoice. Should the successful bidder fail to make the payment due in due time and thus become insolvent, BFA expressly authorizes BFA to cancel the sale, offer the asset to possible third party buyers, to report its name on national and international bad payer blacklists and to any operator or interested party upon request. The insolvent bidder may no longer participate in any sale of BFA assets.
The successful tenderers shall comply with all laws or regulations in force concerning objects declared to be of particular historical or artistic interest.The export of objects of significant historical and artistic interest by successful bidders resident and not resident in Italy is regulated by specific customs, currency and tax regulations. The waiting time for a free circulation permit is about 60/90 days from the day of the requests to the competent Export Office. The request for the permit is forwarded to the Export Office only after payment of the lot and upon explicit authorization of the successful bidder. BFA does not assume any responsibility towards the successful bidders with regard to any restrictions on the export of the lots awarded, nor with regard to any authorizations or certificates that the successful bidder must obtain under Italian law. If the successful tenderer exercises his right of first refusal by the Italian State, he may not claim from BFA or the seller any reimbursement of any interest on the price and auction commissions already paid.
14.The successful bidders (Italian citizens or residents in Italy) are required to provide the BFA with a valid identity document and their Fiscal Code.
15.The indications and descriptions contained in the catalogue are subjective opinions and are expressed in good faith.
16.BFA in compliance with Article 49, paragraph 1, of Legislative Decree no. 231/2007, may not accept cash payments for an amount equal to or greater than 2,999.00 (two thousand nine hundred and ninety-nine) euros.
17.Lots containing multiple items not illustrated are sold as seen and liked and are not subject to return by the buyer.
18.These terms and conditions of sale are automatically accepted by those who participate in the auction and are available to any interested party who requests them.
19.Pursuant to art.13 of Legislative Decree no. 196 of 30.6.2003 (Privacy Code) we inform the auction participant that his personal data will be processed for (I) purposes functional to the fulfillment of fiscal, accounting and legal obligations and purposes of contract and customer management and (II) purposes related to commercial activity. The data will be processed, also through the creation and management of a central archive, with paper, computer and telematic supports to which specialized and authorized personnel have access. The provision of personal data essential for the fulfillment of the law and/or the establishment and/or continuation of the contractual relationship is mandatory, in the sense that failing this it will be impossible to establish and/or continue the relationship. The provision of other personal data is optional and generally functional to provide a better service to customers; any refusal to provide such data will not have negative consequences for the participant. Personal data concerning the customer may be communicated to parent, subsidiary and/or associated companies for the same purposes as above or to external parties specialized in services: (I) management of software, hardware, telematic and information systems; (II) data processing and storage activities; (III) printing, transmission, enveloping, transport and sorting of communications to customers; (IV) financing services, debt collection and financial risk detection. The participant may always exercise the rights provided for in Article 7 of the Privacy Code. The Data Controller is Bertolami Fine Arts S.r.l., with registered office in Rome, Piazza Lovatelli, 1. The participant, by sending electronic confirmation of his purchase order, acknowledges the above information and agrees to the processing of personal data provided.
Any dispute relating to the application, execution, interpretation and breach of this purchase contract is subject to Italian jurisdiction.Any dispute between the parties regarding this contract shall be the exclusive jurisdiction of the Court of Rome.
VAT scheme (Margin scheme)
All sales made by Bertolami Fine Arts s.r.l. are made by virtue of commission relationships stipulated with private individuals or VAT subjects, who operate under the margin regime, regulated by art. 40-bis of Legislative Decree no. 41/95 and subsequent amendments.
For Legal Notes and bibliography, consult the site www.bertolamifineart.com
Terms and conditions of business
This notice is addressed by Bertolami Fine Arts srl to any person who may be interested in a Lot. An additional information applicable to the Sale may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed at the Sale venue and you should read them as well.
The information for buyers and terms and conditions of sale are subject to the updates that will be immediately posted on our website www.bertolamifineart.com. If there are discrepancies between the text published in the printed catalogs and the text published on our website is authentic the online version.
1.Bertolami Fine Arts s.r.l. (henceforth BFA) acts as the sole agent for officially registered sellers. The proceeds of the sale are due to the seller, BFA does not assume any liability beyond those accruing to it as a mandatory agent for the seller or any other third parties.
The highest bidder is the buyer at the final hammer price, any dispute shall be settled at the auctioneer's absolute discretion.Every bidder is deemed to act as a principal unless BFA has written acknowledgement that he or she acts as an agent on behalf of a named principal.
Offers may be made through our website (www.bertolamifineart.com), or live portal web,fax, email, phone (in this case, the calls will be recorded, at the discretion of the BFA) or directly to the offices of BFA. Offers made by email, fax, phone, through our website or live portal web, can be received until the time indicated in the information for buyers. BFA cannot transfer to third parties lots already awarded, therefore only the original buyer is considered responsible for payment.
Buyers who have not established a credit arrangements with BFA will be asked to pay for their purchases in Euro on taking possession. BFA cannot take banker's references over the telephone at the time of clearance and buyers will not be entitled to possession of their purchases until payment is made in full.
3.BFA reserves the law to remove any lot. During the auction, the auctioneer has the right to combine or separate lots and change the order of sale. BFA may also remove lots if the offers do not reach the reserve price agreed between BFA and the seller. According to your sole discretion, BFA reserves the right to cancel the selling of a lot if, after the assignment of the same one, errors in the description are noticed or if the reserve price (contractually agreed with the owner) has been incorrectly transcribed.
4.A premium on the hammer price (inclusive of VAT for European customer) is payable by the buyer on all sales.
All prospective bidders are required to register with BFA and fill out a commission form before each auction.
Under Italian law purchases can only be made by persons over the legal age of 18. A prospective bidder under the legal age must bid through a parent, legal guardian or acquaintance of legal age.
BFA can make bids, agreeing mandates for the purchasing, through the auctioneer during the auction.In case of identical bids, the written bid prevails over the oral expressed in the auction.
In case of matching written bids the lot will be awarded to the bidder whose bid has been received first.
BFA can refuse bids of unknown bidders, unless it is issued a deposit for the entire value of the desired lots. However, other adequate collateral may be given.
BFA requires personal ID from successful bidders at the time of award.The successful bidders shall provide adequate and verifiable credit reference. In case of mismatch with genuine ID or incomplete ID, BFA may cancel the contract of sale of lots.
BFA, as acting agent for the seller, declines any responsibility as to the descriptive content and illustrations of the objects in its catalogues, brochures or other forms of artwork it generates, all descriptions and images are indicative.In order to allow for a thorough examination of the condition, provenance and appearance of the objects offered, ample time is given for their inspection. Neither BFA nor the seller is responsible for statements of opinion concerning the description, condition, weight or erroneous attribution of the items offered. After adjudication neither BFA nor the personnel of BFA will be held responsible for any controversies arising as to the state of preservation, provenance, omissions or erroneous attribution of the items offered. Neither BFA nor its personnel can give any guarantee to this effect, except in cases as foreseen by Italian law.
BFA stipulates that according to Article 1488, paragraph 2, of the Italian Civil Code, this sale contract is defined as of "an uncertain nature" and is therefore exempt of any warranty for loss or dispossession. Therefore, if a buyer suffers a loss or dispossession in part or whole of a purchased item of the present sale, no refund of the price paid or of costs incurred thereof may be claimed from BFA. Under Article. 1487, paragraph 2, of the Italian Civil Code, there is a continuing guarantee for the loss or dispossession of items when in the possession of BFA.
Moreover, BFA is not liable to the buyer for any loss of profit or any other indirect or consequential loss or damage arising from breach of contract, from non-contractual to pre-contractual liabilities.
BFA is obliged to consign to the buyer any item contractually purchased, but is freed from this liability in the event or circumstance beyond the control of both parties, such as a strikes, theft, fire or other natural disasters, delays and the cancellations of transport systems, including bans on sale, export or import on the part of Italian or foreign authorities. BFA will refund the amounts received by the buyer for the purchase of the property except those relating to the cost of transporting the goods, if executed or in progress, insurance and customs export or import taxes applied to any item.
9.The pre-sale estimates are intended as a guide for prospective bidders and do not include commission charges on the hammer price. Lot descriptions in the catalogue can be changed, revised or corrected, any such sale notices will be communicated before or during the sale. BFA may accept absentee bids which are below the reserve price.
If the bidding ends before the reserve is reached, Bertolami Fine Arts will submit the consignor the highest absentee bid below the reserve price received. The decision of the seller will be communicated to the bidder within fifteen days from the auction date.
All payments must be made in Euro and payable in full to BFA within seven days of the auction closure date and time.Failure of payment will incur, without prejudice to any other rights, proceedings against the buyer for the following:
- a) For damages and breach of contract with the enforcement of the compulsory purchase obligation.
- b) To dispose the lot by private treaty or cause it to be re-sold by public auction for which the defaulting buyer shall be liable to BFA for any resulting deficiency in the total amount realized and advance payments received will be withheld.
Unpaid items will be held by BFA at the buyer's risk and expense until sold as stated above or returned at the Vendor's request. In any case, until the date of payment or sale, the buyer shall be held responsible by BFA for a penalty of 1%/month of the total invoice. The interest will be calculated from the 30th day following adjudication. Ownership of lots purchased shall not pass to the buyer until he or she has made payment in full.
Shipment for goods sold to Italian buyers is normally made by courier and insured at the risk and expense of the recipient, except otherwise agreed directly with the buyer.The shipment for goods sold to foreign buyers for an amount exceeding € 200.00 are usually made with courier at the expense and risk of the recipient, except otherwise agreed directly with the buyer. If specifically requested by the customer, BFA will make shipment by registered mail, insured and traceable. The shipment of the invoices amount less than € 200.00 is normally done by registered mail.
Notwithstanding any provision to the contrary contained herein, BFA reserves the right to accept alternative methods of payment including items deposited in private or public warehouses or sell privately the lots awarded. In order to resolve disputes or complaints made by buyers BFA may take any action deemed appropriate to collect the amount due or depending on the circumstances, cancel the sale under articles 13 and 15 of our conditions of sale and return the money paid by the buyer.
Payment of purchased items must be made no later than 7 days from the sending of the purchase invoice to the email indicated by the successfulbidders. From the 21st day after the purchase invoice is sent, a penalty of 1%/month will be charged on the amount of the invoice unpaid. If the successful bidder doesn't make the payment within the terms of payment, he expressly authorizes BFA to delete the sale, offer the goods to potential third-party buyers and to indicate his name in the national and international bad payer list and to any operator or person that request it. The winning bidder who doesn't make the payment can no longer participate in any sale of BFA.
Successful bidders are required to comply with all the laws and regulations of The Italian Republic concerning historical or cultural objects of art. The export of archaeological or items of historical and artistic interest by buyers, resident and not in Italy, is regulated by specific regulations, currency restrictions and taxes. The waiting time for export permits is approximately 60/90 days from date of request at the competent Export Office. The license application is submitted to the ministry upon full payment of the lot and the express request of the buyer.
BFA accepts no responsibility in respect of the buyer regarding possible restrictions on the export of purchased lots, either in regard to export licenses or other certificates required under Italian law.
In case of the Italian State exercising its Right Of First Refusal, the buyer cannot claim from BFA or the seller any reimbursement of interest on the hammer price and fees already paid.
Successful bidders (i.e. Italian citizens resident in Italy) are required by law to provide BFA with their identity document and tax code number.
All identifications and descriptions of the items sold in this catalogue are statements of opinion and were made in good faith.
Under Article 49 of Italian Legislative Decree no. 231/2007, paragraph 1, payments in cash are not accepted for an amount equal to or greater than 999,00 €.
Multiple lots containing coins that are not illustrated are sold 'as is' and may not be returned by the buyer.
These terms and conditions of business are automatically accepted by those participating in our sales and are available on request.
19.Under Article 13 of Italian Legislative Decree no. 196 of 30.6.2003 (The Privacy Code) bidders are reassured that personal data given to AR is protected and exclusively to satisfy the requirements of the Italian authorities with regard to contracts, customers and related trade. This personal data is centrally kept and is only accessible to authorized personnel.
The disclosure of personal data is obligatory under Italian law and facilitates the establishment and the continuation of commercial relationships, the absence of which is departmental to the contractual obligations of bidders and consignors. The disclosure of other personal data is voluntary, aimed at enabling better customer service and may be disclosed only to a parent, affiliated companies or specialist service providers such as:
- (I) software, hardware and information computer systems.
- (II) data processing and storage systems.
(III) printing, transmission, addressing, transport and handling systems.
(IV) financial services companies, debt collection and financial risk agencies.
Customers may always exercise the right of privacy as stipulated by Article 7 of The Privacy Code.
The responsibility for data protection is with Bertolami Fine Arts s.r.l., in Piazza Lovatelli, 1, 00186 Rome, Italy, founded and owned by Mr. Giuseppe Bertolami. Customers sending purchase orders by email acknowledge the above notices and agree to the aforesaid processing of their personal data.
Any legal action or claim related or arising from this agreement regarding the application, execution or interpretation of the present purchase contract, shall come under Italian law.Any legal dispute between the parties relating to this contract will be brought only in a court sitting in Rome, Italy.
The above mentioned conditions are written in English, in the event of any legal dispute, the only valid text is the Italian version.
Value Added Tax
The Value Added Tax Margin Scheme
All sales are conducted by BFA under the VAT Margin Scheme (Articles 40a, 41/95 and subsequent modifications). Therefore BFA will not apply additional VAT on the hammer price.
For Legal Notice and bibliography, please visit www.bertolamifineart.com.