Conditions of Sale
GENERAL SALES CONDITION
Mediartrade is in charge of selling objects entrusted by the
Seller, as a representative with power of attorney, with the
exception of the lots that are owned by Mediartrade. The
term "Seller" means the physical or legal entity that has
ownership of the lot which has been put up for auction
by Mediartrade. The consequences of the sale have a
direct influence on both the Seller and the Buyer, therefore
Mediartrade is not subject to additional accountability other
than responsibilities deriving from the aforementioned
proxy by the Seller. The following General Sales Condition
may be subject to modifications by means of a notice posted
in the auction room or by an auctioneer's announcement
before the auction takes place.
1. AUCTIONING
1.1 limitations to bid admittance
Mediartrade retains the right to deny, on a discretionary
basis, the access to the premises, the participation to the
auctions and any offer coming from individuals who aren't, at
any moment, deemed eligible to participate to the auction.
1.2 participant registration
To put forward offers during the auction, prospective buyers
must fill out, sign and submit to Mediartrade the dedicated
registration and bid form, available at our headquarters, in
our catalogue or on Mediartrade' website, as well as the
ID and some bank details. Concerning the registration as
company, is necessary to submit a copy of the company's
business profile, as well as the ID of the participant. In
accordance to Article n. 13 of Regulation (EU) 679/2016
(GDPR), prospective buyers must give their explicit consent
to personal data processing by signing, to this purpose, the
registration form that contains all the information required
under the said Article. Mediartrade shall process personal
data provided by prospective buyers in accordance to the
provisions referred to the said Article.All the lots sold
will be invoiced to the name and address provided at the
auction's registration and couldn't be moved to other name
and address.
1.3 offers
Auction offers might be put forward personally at the
auction site, by sending a written offer before the auction,
by telephone or through internet. The auctioneer will
start offers in auction, from the "opening bid, assigned
to each lot whose value may be equal or lower than the
reserve price (approximately the 20% less than the lowest
estimate mentioned in the catalogue). By submitting a
bid, the participant agrees to take responsibility for the
payment of the purchase price, including commission,
taxes and other charges applicable, except when there is
a written agreement, presented before the auction takes
place, stating that the Bidder will act on behalf of a Third
Party, that Mediartrade knows and approves. Consequently,
Mediartrade will exclusively address said Third Party, in
the event of a successful award, for the payment of the
pertaining lots. The blow of the auctioneer's hammer
determines the acceptance of the higher offer, the clearance
price and consequently the conclusion of the sales contract
between Seller and Buyer.
1.4 offers at the auction site
In order to participate to the auction, it is mandatory for
a prospective buyer to be equipped with the dedicated
numbered paddle; said object will be provided by the
Mediartrade staff at the premises of the auction, after the
compilation and the signing of the registration form and the
submission of the ID of the prospective buyer. Any offer
to win the lot will be expressed by raising the numbered
paddle mentioned above. Mediartrade encourages
prospective buyers to be equipped with the numbered
paddle in good time, also informs that it is possible to
register during the exhibition days, assigning the number of
the paddle, that will be given on the days of the auction.
The loss of the numbered paddle must be reported
immediately to Mediartrade, in order to the prospective
buyer to receive a new numbered paddle. At the end of
the auction, the paddle must be returned to Mediartrade.
In case of any disputes during the auction, Mediartrade will
take into account, in addition to the auctioneer's opinion,
the audio-visual records of the auction. Participation to
the auction deputizing for a Third Party is permitted. The
representative, during the registration process, will be asked
to provide a signed mandate of the represented with a
copy of the ID of him/her and of the represented party;
in the event that the represented party is a corporation,
the aforementioned mandate will have to be signed by the
legal representative or by an attorney authorized to sign,
either of which will have to attach the ID to the proxy. In
any event, Mediartrade reserves the right to prevent the
representative from participating to the auction when the
latter is deemed unfitting to participate. In accordance to
Article 59 (1), Letter m) of the Consumer Code, in the
event the contract will be concluded with a buyer who put
forward an offer at the auction site and could be qualified
as Consumer in accordance to Article 3 (1) Letter a) of the
Consumer Code, the buyer shall not be entitled to exercise
any right of withdrawal, since the selling method is a public
auction, as mentioned in the Article 45 (1) Letter o) of the
Consumer Code.
1.5 written offers
It is possible to put forward one or multiple written offers
by filling out and signing the dedicated form, attached
to the auction catalogue, available at our headquarters
or on Mediartrade' website. The Form must be sent to
Mediartrade at least 24 hours prior to the beginning of the
auction, attaching the documentation requested; in absence
of the previous mentioned parameters, Mediartrade will not
ensure the implementation of the offers provided in the
Form. Mediartrade will consider invalid bid forms offering less
than 20% of the lowest estimates specified in the catalogue.
The written offers and the maximum automatic offers
will be accepted only if they are rounded to the nearest
hundred; otherwise Mediartrade will consider the offer like
it was rounded up to the nearest hundred. Mediartrade,
whilst raising offers on behalf of a prospective buyer, will
take into account both reserve price and additional offers, in
order to obtain the award of the lot subject to the written
proposal at the best awarding price. Mediartrade doesn't
take into account registration and bid forms, completed for
the participation by pre-auction offers, without offers for
the lots indicated. Mediartrade will not be responsible for
any mistake made by the prospective buyer while filling the
Form. If the written offers of the prospective buyer should
be exceeding by other offers, Mediartrade will inform the
customer by e-mail. Moreover, at the end of the auction,
the buyer will be notified by e-mail of the successful award
of the lot; in any event, any prospect buyer is welcome to
contact Mediartrade to verify whether his/her bid turned
out to be the highest. In case of written offers with the
same amount for the same lot, the first offer registered by
Mediartrade will prevail.
Is possible to present in pre-auction a maximum automatic
offer filling out the "Registration and bids form". The
maximum bid represents the maximum bidding limit that
the prospective buyer is prepared to pay for the lot.
Mediartrade will provide for higher bids on behalf of a
prospective buyer, in order to obtain the award of the lot
at the best awarding price. Mediartrade will not implement
maximum automatic offers less than the lowest estimates
mentioned in the catalogue.
If the maximum bid indicated in the pre-auction is exceeded
by another offer, Mediartrade will inform the bidder. In
accordance to Article 59 (1), Letter m) of the Consumer
Code, in the event the contract will be concluded with a
buyer who put forward an offer at the auction site and
could be qualified as Consumer in accordance to Article 3
(1) Letter a) of the Consumer Code, the buyer shall not be
entitled to exercise any right of withdrawal, since the selling
method is a public auction, as mentioned in the Article 45
(1) Letter o) of the Consumer Code.
1.6 telephone offers
It's possible to put forward one or multiple telephone offers
by filling out and signing the dedicated form, attached to
the auction catalogue, available at our headquarters or on
Mediartrade' website. The Form must be sent to Mediartrade
at least 24 hours prior to the beginning of the auction,
attaching the documentation requested. Mediartrade
suggests providing for two telephone numbers and to
indicate a maximum offer, in this way, where it was impossible
to contact the prospective buyer, Mediartrade will call for
bids on his behalf. After having received a correctly filled
out form, Mediartrade will contact the prospective buyer at
the telephone numbers provided in the Form before the lot
reported is sold during the auction. In case the prospective
buyer put a written offer next to the lot's number for which
he wants to participate, this offer will be presented at the
auction. Mediartrade will not be responsible for delays or
noncompliance to telephone orders when due to phone line
malfunctions, with the exception of willful misconduct or
gross negligence. Telephone connections during the auction
will be taped and the Mediartrade personnel is capable of
handling calls both in Italian and English. In accordance to
Article 59 (1), Letter m) of the Consumer Code, in the
event the contract will be concluded with a buyer who put
forward an offer at the auction site and could be qualified
as Consumer in accordance to Article 3 (1) Letter a) of the
Consumer Code, the buyer shall not be entitled to exercise
any right of withdrawal, since the selling method is a public
auction, as mentioned in the Article 45 (1) Letter o) of the
Consumer Code.
1.7 online offers
It is possible to take part to the onsite auction or put
pre-auction online offers through Mediartrade website, in
accordance with the following steps:
a) register to Mediartrade Website Mediartrade.com
creating an account specifying if the registration is carried
out as private or company by filled all the fields required;
b) click on the link received to confirm the e-mail address
you provided
c) access the site by entering your credentials (e-mail and
password)
d) go to "Future auctions" and register to the live auction of
your interest, providing any required information by clicking
"Register at the auction". Verify that your data are correct
and complete the missing data to send the request
e) wait for the confirmation of registration for the auction
f) in your account, in the section "Registered Auctions" or
directly in the auction details you have registered, click on
the "MAT Live" section to access the live auction and you
will be connected to the live auction and you can participate
to the auction of your interest, sending your offers for the
lots of your interest. Mediartrade will not be responsible
for technical difficulties happening during the auction (such
as delays concerning internet connection or malfunctions
affecting the server in charge of handling the online auction
participation), with the exception of willful misconduct
or gross negligence. Mediartrade is in no way responsible
for any damage, or inconvenience, deriving from a nonproper use of the website in accordance to the present
information i.e. the Conditions of use of the website. The
participant undertakes to not use any software or tool
of any kind that may influence (even only potentially) the
development of the auction and further undertakes to use
the website and any of its web application in good faith and
correctness. Whenever Mediartrade has decided to allow
the participation also to the online auction, the present
General Sales Conditions also regulate the offering sale and
the lots awarding throughout the Mediartrade' web channels
partners. The participation at the auction through these
websites (owned and managed by different companies that
don't have corporate dealings with Mediartrade) is subjected
to the previous enrolment. The online auction to which the
present General Sales Conditions apply is considered a
public auction (defined by Art. 45 (1) (o) ) of the Consumer
Code as a sales method according to which goods or
services are offered, by a business, to consumers that are
allowed to participate in person, through a transparent
competitive process handled by an auction house, and to
which the successful bidder is bound to purchase said
goods or services), with the same participants as the ones
present in the auction room, including telephone, preauction written offers or a maximum automatic offer. Lots
purchased online are offered and sold by Mediartrade and
web channels partner, who is entrusted by the Seller as a
representative with power of attorney. The offering and
sale of lots online by Mediartrade and web channels partner
constitute a distance contract regulated by Chapter 1, Title
3 (art. 45 et seq.) of the Consumer Code and in accordance
to legislative decree Nr. 70 of 9th June 2003 regarding to
e-commerce. Art. 59 (1)(m) of the Consumer Code denies
the right of withdrawal for contracts concluded during a
public auction, including auctions organized by Mediartrade
that include the possibility of online participation to users
through Mediartrade' website and the other web channels
partners. Therefore, the right of withdrawal is denied on lots
awarded online during auctions organized by Mediartrade.
1.8 currency converter and video
Mediartrade's auctions involve the use of a currency
converter, whose functioning might be defective. In the
event of errors deriving from causes that are beyond its
reasonable control, Mediartrade declines any liability
towards bidders who formulated their offers referring to
the currency converter instead of the actual submission
of bid happening in the auction room. Furthermore,
Mediartrade's auctions involve the use of a monitor/digital
screen, which might be defected in function or quality of
image. Mediartrade declines any liability pertaining said
defects where they depend from causes that are beyond its
reasonable control.
2. SYMBOLS
The following list presents symbols that can be found in the
auction catalogue:
-(*) Lots subject to VAT
Lots marked by this symbol were entrusted by VAT entities
and therefore subject to VAT.
-(?) Certificate of free movement
MEDIARTRADE CASA D'ASTE General Sales Condition 2
Lots marked by this symbol are accompanied by a certificate
of free movement or by certificate of occurred shipment/
import.
-(^) Without qualification
In the event of a lot sold without qualification, it will be
marked by this symbol.
- (§) Without commissions
Lots marked by this symbol don't provide for the calculation
of sales commissions
3. RESERVE PRICE
The reserve price is the minimum selling price (gross of fees),
agreed between the owner and the auction house, under
which the asset cannot be sold. At the auction stage this
amount is strictly reserved and protected by the auctioneer.
4. AUCTIONEER'S RIGHTS
The blow of the auctioneer's hammer determines the
acceptance of the higher offer, the clearance price and
consequently the conclusion of the sales contract between
Seller and Buyer. Furthermore the auctioneer might, at its
own discretion and at any moment of the auction: change
the order provided for by the catalogue, withdraw a lot from
the auction, redraft a selling offer for a lot, whenever he/she
has reasons to believe that errors or a dispute are unfolding.
The Sales Director is entitled to accept offers transmitted
by telephone or other means. Said offers, when deemed
acceptable, will be communicated in the auction room. In
the case of a tie the offer presented in person at the auction
room will prevail; in the event that multiple offers of the
same amount are arriving, by telephone or other means,
the one that arrived first, according to the unquestionably
finding of the Sales Director, will prevail.
5. RAISING
The raises will follow a predetermined scheme, visible
online for each lot and reported below:
6. AUCTION PREMIUMS OR PURCHASE
COMMISSIONS
The buyer will pay, in addition to the clearing price, the
following auction premiums or purchase commissions (VAT
excluded)
(Including VAT):
- 23,00 % up to EUR 100.000,00
- 20,00 % referred to the part exceeding of the price from
EUR 100.000,00 to EUR 500.000,00
- 18,00 % referred to the part exceeding of the price from
EUR 500.001,00 and beyond.
7. RESALE RIGHT
On 9th April 2006 legislative decree Nr. 118 of 13th
February 2006 came into effect, which, implementing
Directive 2001/84/CE, introduced in the Italian legal order
the right, for artists and manuscript authors, and their
successors, to receive royalties on every sale of the original
piece following the first (the so-called "resale right"). The
"resale right" is due only if the selling price is not lower than
euro 3.000,00.
It is defined as follows:
- 4% for the portion of the sale price up to EUR 50.000,00;
- 3% for the portion of the sale price from EUR 50.000,01
to EUR 200.000,00;
- 1% for the portion of the sale price from EUR 200.000,01
to EUR 350.000,00;
- 0,5% for the portion of the sale price from EUR 350.000,01
to EUR 500.000,00;
-0,25% for the portion of the sale price beyond EUR
500.000,00.
The total amount of the fee can't be exceed EUR 12.500,00,
anyway.
Mediartrade, being an auction house, is required to pay the
"resale right" to "Società Italiana degli autori ed editori"
(S.I.A.E.). In addition to the clearing price, auction premiums
and other expenses, the Buyer undertakes to pay the "resale
right", that would be up for the Seller to pay according to
Law Nr. 633 of 22nd April 1941, Art. 152 (1).
8. PAYMENT
8.1 The following forms of payment might facilitate the
immediate withdrawal of the purchased goods:
- cash up to EUR 1.999;
- bank cheque by agreement with the administration
direction of Mediartrade
- credit card/ATM (the estimated fee will be charged to
the purchaser). Buyers can make payments Visa, V-Pay,
Mastercard, Maestro, American Express, Apple-Pay,
GooglePay by checking out your purchases on Mediartrade
website.
- bank transfer to:
Gruppo UBI Banca registered to Mediartrade Srl
IBAN: IT50Z0311101617000000002952
SWIFT/BIC: BLOPIT22
Account N: 00002952
8.2 The payment of what is due, if not already performed,
must be made within 7 working days from the receipt of
the invoice. Mediartrade is allowed to refuse delivery of the
awarded lot before the payment of clearing price and other
expenses has been fully made. Whenever the successful
bidder fails to provide for the payment, what follows at
point 8.3 shall prevail.
8.3 In the event that the Buyer fails to pay to Mediartrade
the full amount due within 10 days from the receipt of the
invoice, Mediartrade will exercise some rights and legal
actions. By way of example, please refer to the following list:
a) Holding the Buyer accountable for the entirety of the
amount and take legal action to recover the full amount, on
top of interests, legal fees and costs incurred, to the absolute
limit of the law;
b) Resolving the transaction;
c) Reselling the lot, by auction or privately, under the
applicable laws;
d) Allocating the received payments from the Buyer to debtservice of any liability, if the Buyer is required to pay multiple
amounts to Mediartrade, pertaining to several transactions.
e)Refusing any offer in future auctions by the defaulting
Buyer or on its behalf, or alternatively require an escrow
before accepting any future offer;
f) Exercising rights and remedies granted by the law to
subjects holding security interests over any goods belonging
to the defaulting Buyer within Mediartrade, in the form of
collateral, bail, deposit or any other rights, to the absolute
limit of the law in force at the place where said good is
located. This guarantee will be considered in favour of
Mediartrade on behalf of the defaulting Buyer, therefore
Mediartrade will be able to withhold the property to ensure
the fulfilment of the obligations of the Buyer;
g) Pursuing any other action or remedy deemed necessary
or appropriate.
In the event that Mediartrade resells the lot, according
to previous paragraph (c), the defaulting buyer will be
responsible of paying any potential difference between
the overall amount originally due to Mediartrade and the
price obtained by reselling, on top of any reasonable cost,
expense, damage, legal fees, commissions and rights of
any kind regarding both sales or otherwise caused by the
defaulting Buyer.
9. LOT DELIVERY AND WITHDRAWAL
9.1 Sold objects must be picked up within 10 days from
the payment.
9.2 The lot will be collected by the purchaser at Mediartrade
office, in via Marco Polo 9, always at the expense of the
purchaser, showing a document certifying his identity. If, for
any reason entrusts a third party to withdraw the lot on his/
her behalf, the latter shall provide a mandate signed by the
Buyer on top of a copy of both the delegator and delegate
IDs.
9.3 If, for any reason, the withdrawal of the object fails, if
sold and payed within the time limit specified in Art. 9.1, the
Buyer will be asked to advise Mediartrade in order to avoid
the payment of a deposit and cover insurance fees. However,
in case of decay, damage or removal of the awarded object,
that wasn't picked up within the time limit specified in Art.
9.1, Mediartrade shall be exempt of any liability.
9.4 At the express request of the purchaser, Mediartrade
may arrange, at the expense and risk of the purchaser, the
packing, transportation and insurance of the lot through its
own trusted shipper specialized in art transports subject
to communication and written acceptance by part of
the purchaser of the related expenses. The shipment can
also take place through a forwarder directly appointed
by the buyer, always subject to written communication
authorizing Mediartrade to deliver the lot and the related
documentation. In the event that the buyer decides to
rely on a generic forwarder, therefore not specialized in
transport of art, which does not provide for safe packaging
of the property, Mediartrade will apply a minimum cost of
50 € plus VAT for the packaging service calculated based on
the lot size awarded.
9.5 Despite adopting every reasonable care in handling,
wrapping and delivery of the purchased lot and in the
choice of third parties that will be involved in the previously
mentioned tasks, Mediartrade shall not be responsible for
any action or omission committed by said third parties.
Likewise, when asked to suggest parties to take care of
handling, wrapping and delivering lots, Mediartrade will
direct the choice to trusted suppliers as a consequence of
the years of experience in the field, however it will be in
no way responsible for any action or omission committed
by them.
10. EXPORT OUT OF THE TERRITORY OF THE
ITALIAN REPUBLIC
10.1 The export of the lot from the Italian Republic could
be subject to the issue of a free-circulation certificate or
an export license, in accordance with the Articles 68 and
ss. of the Legislative Decree January 22nd 2004, n. 42
(Codice Urbani). Except as otherwise agreed in writing
with Mediartrade, the act of requesting a free-circulation
certificate and/ or an export license for a lot by the Buyer
will have no effect on the obligation that the latter has to
pay for said lot within 3 working days from the receipt of
the invoice, and neither on Mediartrade's right to charge
interests of deposit fees or other expenses in the event of
a delay in payment. In case the Buyer intends to entrust
Mediartrade to request a free-circulation certificate and/
or an export license on his/ her behalf, Mediartrade will
charge a commission for said service. Mediartrade will not
be required to cancel the purchase or refund interest or any
other costs incurred by the Buyer, in the event that a freecirculation certificate and/or an export license is required.
10.2 The buyer must comply with the legislative provisions
and applicable rules concerning goods presenting a cultural
interest, or currently in the process of getting declared as
such, in accordance to legislative decree Nr. 43 of 22nd
January 2004, Art Nr. 14 et sq., with specific reference to
Art. Nr. 53 et sq. The reform provides the modification of
some parts of the Code of Cultural Heritage, in particular
the art. 65. The export of lots , performed either by resident
or non-resident in Italy, is regulated by the aforementioned
legislation and furthermore subject to monetary, fiscal and
custom regulation in force. The request for a licence will be
submitted to the Ministry of Cultural Heritage and Activities,
Export Bureau, only after the payment of the lot is complete
and at the written request of the Buyer. Mediartrade shall not
be responsible for any restriction to the export of awarded
lots, and much less for any licence or permit that the Buyer
must obtain under the current Italian law. For the objects
subjected to notification by the State pursuant to Legislative
Decree 22.01.2004 n. 42 (Code of Cultural Heritage) and
subsequent modifications and additions, buyers are required
to comply with all applicable laws. In case the national
competence authorities exercise the right of first refusal to
purchase a lot under the aforementioned decree, the Buyer
will have no right to receive from Mediartrade or the Seller
any refund over the interests on the sales price and on the
purchase commission, if already paid.
11. VIEWING AND EXAMINATION OF LOTS
11.1 The pieces for sale will be exposed before the
auction takes place, in order to allow a proper viewing
and examination. Whoever may be interested will have
the opportunity to get a comprehensive view of their
characteristics, including conservation status, actual
dimensions and overall quality. As a consequence of that, the
successful bidder shall not question any error or inaccuracy
that may be present on the catalogue or on the disclosures,
or any discrepancy between the photo and the actual piece
for sale, and therefore, the mismatches ( whether pertaining
to the year of creation, or references to any publication
of the piece, execution technique and materials on which,
or with, the piece was created) between the information
written on the catalogue and the actual characteristic of
the awarded piece. The lots auctioned by Mediartrade
are sold in the conditions and conservation status shown
during exposition; therefore any reference contained in
the catalogue description is fully comprehensive; however
condition reports that may supplement the catalogue
description are available at a Buyer's request. It's possible
to ask a condition report to the auction house, sending an
MEDIARTRADE CASA D'ASTE General Sales Condition
3
e-mail to info@mediartrade.com, within the day before the
auction or clicking on the item "Ask a condition report", on
the page of every lot on Mediartrade website. After the
awarding of the lot, Mediartrade does not allow disputes
and is relieved of all responsibility and defects related to
the information regarding the lots on sale. Every description
provided by Mediartrade is made in good faith and constitutes
nothing more than a mere opinion; hence said description
shall not be considered binding and comprehensive for the
Auction House. Mediartrade encourages prospective buyers
to personally examine every lot and to request a dedicated
evaluation to their own trusted restorer or any professional
expert, before submitting an offer.
As regards the electrical or mechanical goods, it is not made
any checks before the sale and the buyer takes responsibility
about the functioning of them.
11.2 Any written or verbal statement provided by
Mediartrade, including those contained in the catalogue,
reports, comments or evaluation regarding any characteristic
of the lot, such as authorship, authenticity, origin, allocation,
date, age, historical period, cultural origin, quality (including
market value and price), are purely based on opinions
and are therefore subject of review and modification by
Mediartrade, before the lot is put for sale. Mediartrade
and its staff, collaborators, management and consultants
are not responsible for any error or omission that may be
found in said statements. Any liability that Mediartrade has
towards the Buyer, is limited to the clearing price and the
purchase commission paid by the Buyers to Mediartrade.
With the exception of wilful misconduct or gross negligence,
Mediartrade, i.e. its staff, collaborators, management and
consultants shall not be responsible for any act or omission
regarding lot preparation or the direction of the auction or
any inconvenience related to the lots on sale.
12. COUNTERFAITING
12.1 According to Mediartrade's opinion, counterfeit is the
imitation of a lot offered for sale, not described as such in
the auction catalogue, created for the purpose of deception
on autorship, authenticity, origin, attribution, source, date,
age, period, which at the date of the sale had a lower
value than the one which would have had if the lot had
corresponded to the description of the auction catalogue. A
lot that has been restored or subjected to modification of
any nature (including repainting or over-painting) does not
constitute counterfeit.
12.2 If a lot appears to be counterfeited, after a successful
awarding, Mediartrade shall give a refund to the Buyer that
asked for the recession of the sales contract, after the lot
has been returned to Mediartrade, consisting of an amount
equal to the clearing price and the purchase commissions
paid, both expressed in the currency used to pay the lot in
the first place.
12.3 Mediartrade's obligation is under the condition that,
within 5 years from the purchase, the Buyer: communicates
in writing to Mediartrade, within 90 days from the date
in which information has been received suggesting that
the lot might be counterfeited, number of the lot, date of
auction in which the lot was purchased and motivations
according to which the Buyer has reasons to believe the
lot is counterfeited; is able to return the lot to Mediartrade,
free from any claim or pretence coming from third parties
that surfaced after the date of purchase and the lot will be
in the same conditions in which it was when it was sold;
provides Mediartrade with at least two reports coming from
professionals or experts in the field, stating the reasons why
it is believed that the lot is counterfeited. Mediartrade will
not be bound by the opinions provided by the buyer and it
reserves the right to ask other additional opinions of other
experts at its own expense.
12.4 Mediartrade will not perform a refund if: the
description on the catalogue complied with generally
accepted opinions from experts at the time the lot was
sold or that indicated the authenticity and lot attribution
as controversial; or if at the time of publication on the
catalogue the counterfeiting of the lot could be proven only
with unsuitable examinations, that were too costly or might
have reasonably damaged the lot or would have lowered
the overall value.
13. TRANSFER OF RISK
13.1 A purchased lot is entirely at the Buyer's risk from the
earliest date between those in which the buyer :
a) fully pays the amount due for the lot;
b) from the date in which the deadline of 7 working days
from the receipt of the invoice runs.
13.2 The Buyer will be refunded for any loss or damage
that will occur after the lot has been sold but before the
risk transfer occurs. The refund shall not be higher than
the clearing price amount, in addition of the purchase
commission received by Mediartrade.
13.3 With the exception of wilful misconduct or gross
negligence, Mediartrade shall not be responsible for the loss
or damaging on frame/glass containing or covering prints,
paintings or any kind of art piece unless the previously
mentioned frame/glass are in fact the actual purchased lot.
13.4 Mediartrade will be in no case liable for the loss or
damaging that happened after any operation (including
restoring procedures, action on frames or overall cleaning
operations) done by independent experts entrusted by
Mediartrade with the consent of the Seller (or Buyer) of the
lot; and deriving, directly or indirectly from:
a) Humidity and temperature shifts;
b) Normal wear and tear or gradual decay deriving from
operation on the lot and/or hidden defect (including
woodworms or other parasites);
c) Mistreatments;
d) War, nuclear fission, radioactive contamination, chemical
weapons, including biochemical and electromagnetic
weapons;
e) Terrorist acts.
13.5 Labels, markings and seals present on the art pieces
that attest property and any subsequent transfer of
ownership of the lot will be guaranteed by Mediartrade as
existing only until the Buyer picks up the purchased lot.
14. IMPORT
Lots temporarily imported from extra-EU countries as
stated in the catalogue, will be subject to VAT on the entire
value ( clearing price + Auction house rights) once they get
permanently imported.
15. APPLICABLE LAW AND JURISDICTION
The contact between Mediartrade and the Buyer is
regulated by the Italian Law. It is applied to users who do not
have their usual residence in Italy of any more favourable and
mandatory provisions enforced for by the law of the country
in which they have their habitual residence.
For any dispute concerning the application, execution and
interpretation of General Conditions of Sale the jurisdiction
of the country the user resides or is domiciled shall be
deemed competent. The user who resides in a member
state of the European Union other than Italy, can also access,
for any dispute concerning the application, execution and
interpretation of these General Conditions of Sale, to the
European procedure established for disputes of modest
entity, by the Council Regulation (CE) Nr. 861/2007 of 11th
July 2007, provided that the value of the dispute does not
exceed, excluding interest, rights and expenses, the amount
of EUR 2,000.00. The text of the regulation can be found
on the website
eur-lex.europa.eu. Pursuant to Art. 141(e)(3) of the
Consumer Code, Mediartrade informs the user who holds
the status of consumer as Art. Nr 3 (1) (a) of the Consumer
Code, which, in the event that he lodged a complaint with
Mediartrade, following which it was not possible to resolve
the raised dispute, Mediartrade will provide information on
the body or bodies of Alternative Dispute Resolution for the
out-of-court resolution of disputes relating to obligations
arising from a contract concluded under these General
Conditions of Sale (cc.dd. ADR entities, as indicated in Art.
Nr. 141-bis et sq. of the Consumer Code). The user will
decided whether to use these bodies to resolve the dispute
or not. Mediartrade also informs the user who qualifies as
a consumer pursuant to Art. Nr. 3 (1) (a) of the Consumer
Code, which established a European platform for online
resolution of consumer disputes (eg ODR platform). The
ODR platform can be accessed at the following address
http://ec.europa.eu/consumers/odr/; through the ODR
platform the consumer can consult the list of ADR bodies,
find the link to the site of each of them and start an online
resolution procedure of the dispute in which he/she is
involved.
16. PERSONAL DATA PROTECTION
Pursuant to art. 13 of EU Regulation 679/2016 (GDPR)
Mediartrade as a right holder of the data processing informs
that the data will be used, using paper and electronic
means, to be able to give full and complete execution of the
purchase and sale contracts stipulated by the same company,
as well as for the pursuit of any other service compliant
to Mediartrade srl. To execute contracts, the provision of
data is mandatory while for other purposes it is optional
and will be requested with appropriate methods. To read
the extended information, refer to the privacy policy on
the website www.mediartrade.com. The registration to the
auctions allows Mediartrade to send the catalogs of the
subsequent auctions and other informative material related
to the activity of Mediartrade itself.
