Terms and Conditions of Business UK

This notice is addressed by Bertolami Fine Arts LTD to any person who may be interested in a Lot. Any 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 terms and conditions of sales applied to both floor and online Bertolami Fine Arts LTD sales are the ones on the bertolamifinearts.com site and not those published in the printed catalogs. 1. OUR ROLE In its role as Auctioneer of Lots, Bertolami Fine Arts LTD acts solely for and in the interests of the Seller. Our experts are available to prospective buyers to provide information about lots for sale. The Seller has authorized Bertolami Fine Arts LTD to sell the Lot as its agent on its behalf and, save where we explicitly make it clear to the contrary, Bertolami Fine Arts LTD acts only as agent for the Seller. Any statement or representation we make in respect of a Lot is made on the Seller’s behalf. Bertolami Fine Arts LTD does not owe or undertake or agree to any duty or responsibility to you in contract or tort (whether direct, collateral, express, implied or otherwise). If you successfully bid for a Lot and buy it, at that stage Bertolami Fine Arts LTD does enter into an agreement with the Buyer. The terms of that contract are set out in our Buyer’s Agreement, which you will find beneath. 2. LOTS Subject to the Contractual Description printed in bold letters in the Entry about the Lot in the Catalogue, Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections. Illustrations and photographs contained in the Catalogue (other than photographs forming part of the Contractual Description) or elsewhere of any Lots are for identification purposes only. They may not reveal the true condition of the Lot. A photograph or illustration may not reflect an accurate reproduction of the color(s) of the Lot. Lots are available for inspection prior to the Sale and it is for you to satisfy yourself as to each and every aspect of a Lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price. It is your responsibility to examine any Lot in which you are interested. It should be remembered that the actual condition of a Lot may not be as good as that indicated by its outward appearance. We can assist in arranging facilities for you to carry out or have carried out more detailed inspections and tests. Please ask our staff for details. Any person who damages a Lot will be held liable for the loss caused. 3. DESCRIPTIONS OF LOTS AND ESTIMATES Contractual Description of a Lot The Catalogue contains a description of our experts and an image about each Lot. Estimates The estimate is printed beside the description. Estimates are only the result of negotiations between Bertolami Fine Arts LTD and the Seller. They does not take into account any VAT or Buyer’s fees. The estimate of each lot is in pound. Condition Reports Bertolami Fine Arts LTD can give to all customers the Condition Report on each lot. If so requested, this will be provided by Bertolami Fine Arts LTD on behalf of the Seller free of charge. The Seller’s responsibility to you The seller undertakes to respect all contractual obligations listed here relating the sale of the items in the auction. Bertolami Fine Arts LTD’s responsibility to you Bertolami Fine Arts LTD acts as an intermediary for the sale and it commits itself to allow analysis, study or test for the interest of the seller and buyer unless they are invasive or damaging the item. Alterations Descriptions and Estimates may be amended at Bertolami Fine Arts LTD discretion from time to time by notice given orally or in writing before or during a Sale or by publication. Each lot is available for examine before the sale. Reserve Price 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. 4. CONDUCT OF THE SALE Our Sales are public auctions which persons may attend and you should take the opportunity to do so. We do reserve the right at our sole discretion to refuse admission to our premises or to any Sale without stating a reason. We have complete discretion as to whether the Sale proceeds, whether any Lot is included in the Sale, the manner in which the Sale is conducted and we may offer Lots for Sale in any order we choose notwithstanding the numbers given to Lots in the Catalogue. You should therefore check the date and starting time of the Sale, whether there have been any withdrawals or late entries. Remember that withdrawals and late entries may affect the time at which a Lot you are interested in is put up for Sale. We have complete discretion to refuse any bid, to nominate any bidding increment we consider appropriate, to divide any Lot, to combine two or more Lots, to withdraw any Lot from a Sale and, before the Sale has been closed, to put up any Lot for auction again. Some lots may carry a reserve. The auctioneer reserves the right not to sell an item below the confidential price, or will repurchase the item on behalf of the consignor or of BFA. If a reserve exists the auctioneer reserves the right to bid on any lot on behalf of the consignor up to the amount of the reserve against any floor or mail bidders. The auctioneer also reserves the right to bid on any lot on behalf of BFA. The Buyer will be the Bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable Reserve) to whom the Lot is knocked down by the Auctioneer at the fall of the Auctioneer’s hammer. Any dispute as to the highest acceptable bid will be settled by the Auctioneer at his or her absolute discretion. All bids tendered will relate to the actual Lot number announced by the Auctioneer. An electronic currency converter may be used at the Sale. This equipment is provided as a general guide as to the equivalent amount in certain currencies of a given bid. All estimates are in POUNDS STERLING. We do not accept any responsibility for any errors which may occur in the use of the currency converter. We may use video cameras to record the Sale. 5. BIDDING We do not accept bids from any person who has not completed and delivered to us one of our Bidding Forms, either our Bidder Registration Form, Absentee Bidding Form or Telephone Bidding Form. You will be asked for proof of identity, residence and references, which, when asked for, you must supply if your bids are to be accepted by us. Please bring your passport, driving license (or similar photographic proof of identity) and proof of address. We may request a deposit from you before allowing you to bid. We may refuse entry to a Sale to any person even if that person has completed a Bidding Form. Bidding in person You should come to our Bidder registration desk at the Sale venue and fill out a Bidder Registration Form on (or, if possible, before) the day of the Sale. The bidding number system is sometimes referred to as “paddle bidding”. You will be issued with a large card (a “paddle”) with a printed number on it. This will be attributed to you for the purposes of the Sale. Should you be a successful Bidder you will need to ensure that your number can be clearly seen by the Auctioneer and that it is your number which is identified as the Buyer’s. You should not let anyone else use your paddle as all Lots will be invoiced to the name and address given on your Bidder Registration Form. Once an invoice is issued it will not be changed. If there is any doubt as to the Hammer Price of, or whether you are the successful Bidder of, a particular Lot, you must draw this to the attention of the Auctioneer before the next Lot is offered for Sale. At the end of the Sale, or when you have finished bidding please return your paddle to the Bidder registration desk. Bidding by telephone (only available on lots with a low estimate greater than £500) If you wish to bid at the Sale by telephone, please complete a Telephone Bidding Form, which is available from our offices or in the Catalogue. Please then return it to the office responsible for the Sale at least 24 hours in advance of the Sale. It is your responsibility to check with our Bids Office that your bid has been received. Telephone calls will be recorded. The telephone bidding facility is a discretionary service and may not be available in relation to all Lots. We will not be responsible for bidding on your behalf if you are unavailable at the time of the Sale or if the telephone connection is interrupted during bidding. Our staff will be available for phone calls in foreign languages as long as previously agreed upon. Bidding by post or fax Absentee Bidding Forms can be found in the back of this Catalogue and should be completed and sent to the office responsible for the Sale. It is in your interest to return your form as soon as possible, as if two or more Bidders submit identical bids for a Lot, the first bid received takes preference. In any event, all bids should be received at least 24 hours before the start of the Sale. Please check your Absentee Bidding Form carefully before returning it to us, fully completed and signed by you. It is your responsibility to check with our Bids Office that your bid has been received. This additional service is complimentary and confidential. Such bids are made at your own risk and we cannot accept liability for our failure to receive and/or place any such bids. All bids made on your behalf will be made at the lowest level possible subject to Reserves and other bids made for the Lot. Where appropriate your bids will be rounded down to the nearest amount consistent with the Auctioneer’s bidding increments. New Bidders must also provide proof of identity and address when submitting bids. Failure to do this will result in your bid not being placed. Bidding via the internet Please visit our Website at www.bertolamifinearts.com for details of how to bid via the internet. Bidding through an agent Bids will be accepted as placed on behalf of the person named as the principal on the Bidding Form although we may refuse to accept bids from an agent on behalf of a principal and will require written confirmation from the principal confirming the agent’s authority to bid. For further details, please contact Customer Services of Bertolami Fine Arts LTD. 6. CONTRACTS BETWEEN THE BUYER AND SELLER AND THE BUYER AND BERTOLAMI FINE ARTS LTD On the Lot being knocked down to the Buyer, a Contract for Sale of the Lot will be entered into between the Seller and the Buyer on the terms of the Contract for Sale set out in Appendix 1 at the back of the Catalogue. You will be liable to pay the Purchase Price, which is the Hammer Price plus any applicable VAT. At the same time, a separate contract is also entered into between us as Auctioneers and the Buyer. Please read the terms of the Contract for Sale and our Buyer’s Agreement contained in the Catalogue in case you are the successful Bidder. We may change the terms of either or both of these agreements prior to them being entered into, by setting out different terms in the Catalogue and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral announcements before and during the Sale. 7. BUYER’S PREMIUM AND OTHER CHARGES PAYABLE BY THE BUYER Under the Buyer’s Agreement, a premium (the Buyer’s Premium) is payable to us by the Buyer in accordance with the terms of the Buyer’s Agreement and at rates set out below, calculated by reference to the Hammer Price and payable in addition to it. Storage charges and Expenses are also payable by the Buyer as set out in the Buyer’s Agreement. The following Buyer’s Premium is written within the “information for buyers”. In order to harmonize tax procedures among EU countries, with effect from 1 January 2001 new rules were introduced with the extension to the Auction Houses of the margin scheme. Article. 45 of Law 342 of 21 November 2000 provides for the application of the scheme to sales concluded in execution of contracts of commission defined: • private clients; • clients to tax that the operation subject to the margin scheme; • Customers who have not been able to deduct the tax in accordance with Art. 19, 19 bis, and 19-bis2 the DPR. 633/72 (which have sold well in free ex-Art. 10, 27-d) • customers who benefit from the exemption arrangements provided for small businesses in the State of origin. By virtue of special legislation, in cases mentioned above any VAT tax, or a sum in lieu of VAT, if applicable, it is charged by the Auction House. No symbol will be used for lots sold under the margin scheme. 8. PAYMENT The payment of the sold lots must be made immediately after the auction and can be made by bank transfer, cash, check, bank check bank account, credit card (Visa or Mastercard). Were exceptional exchange rate variations to occur due to imponderable situations, Bertolami Fine Arts LTD may, at its sole discretion, issue invoices in UK pounds (GBP), US dollars (USD), Euros (EUR). If the invoices are in terms of Euros or US dollars, we will apply the exchange rate between UK pounds and Euros or UK pounds and US dollars prevailing at the time of the contract of sale (auction date). Bertolami Fine Arts LTD will bill to the same person that is at the registration of the pallet unless previously agreed otherwise with the Administration. As required by law, Bertolami Fine Arts LTD is obliged to call for their customers to show an identity document (identity card, driving license, passport) and confirmation of address. Buyers wishing to pay by bank check must make arrangements with the Administration. It is not possible to deliver the goods before the payment by check or bank draft until encashment of the check, unless otherwise agreed prior to the auction. You will find the bank details in the invoice. Payment can be made by Visa or Mastercard only by the cardholder. Bertolami Fine Arts LTD reserves the right to check the source of the payments received. Bertolami Fine Arts LTD reserves the right to refuse payments received from people different from the purchaser. However, in limited circumstances and in any case with the consent of the seller, Bertolami Fine Arts LTD has the ability to offer buyers it deems reliable the option of paying for goods purchased at cadences deferred. The mode of deferred payment will be set out before the sale. Before considering whether or not to grant deferred payments, Bertolami Fine Arts LTD may ask for references and documentation on the reliability and identity of the buyer. It will not allow anyone to withdraw the lot prior to the payment, unless credit has been granted before the auction. 9. COLLECTION It is Bertolami Fine Arts LTD policy to request proof of identity on collection of a lot. Lots will be released to you or your authorized representative when full and cleared payment has been received by Bertolami Fine Arts LTD. 10. STORAGE Storage and handling charges may apply. For information concerning post sale storage and charges, please contact our Customer office. 11. LOSS OR DAMAGE Buyers are reminded that Bertolami Fine Arts LTD accepts liability for loss or damage to lots for a maximum period of ten (10) days after the date of the auction. 12. SHIPPING Bertolami Fine Arts LTD Shipping Department can advise buyers on exporting and shipping property. You can contact the Customer service on the number that you see in our website. The entire shipment costs are to be paid for by the buyer. Additionally, a form to provide shipping instructions is attached to the buyer’s invoice. Your shipper will include a quote for transit insurance. All shipments should be unpacked and checked on delivery and any discrepancies notified to the transit insurer or shipper immediately. Prospective purchasers are advised that several countries prohibit the importation of property containing materials from endangered species, including but not limited to coral, ivory and tortoiseshell. Accordingly, prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import this lot into another country. 13. THE SELLERS AND/OR BERTOLAMI FINE ARTS LTD’ LIABILITY Besides the responsibilities and obligations of sellers and Bertolami Fine Arts LTD above, neither sellers nor Bertolami Fine Arts LTD shall be held responsible for any error in the description of the lots or in their estimates for the sale and for any omissions that may result in losses or damage to property or assets to the purchaser. 14.DATA PROTECTION – USE OF YOUR INFORMATION Were we to obtain any personal information about you, we would only use it in accordance with the terms of our Privacy Policy, subject to any additional specific consent you may have given at the time your information was disclosed.

 

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.

4. 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

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:

1. a) For damages and breach of contract with the enforcement of the compulsory purchase obligation.
2. 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:

1. (I) software, hardware and information computer systems.
2. (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.