Conditions and Terms
This translation is for courtesy purposes only. For any controversy, the Italian version shall prevail.
BADO E MART AUCTIONS IS A REGISTERED TRADEMARKS OF COMPANY
PROPERTY
ANTIQUARIATO LIBRARIO BADO E MART DI BADO R. E C. S.A.S.
REGISTERED OFFICE: VIA S. FRANCESCO 152 PADOVA
OPERATING OFFICE: VIA DEI SONCIN, 25
35122 PADOVA, ITALY
REGISTERED TO THE REGISTER OF COMPANIES IN PADUA
N. PD11271
REA PD-132682
FISCAL CODE AND VAT NUMBER: N. IT00773300280.
BADO E MART AUCTIONS - VIA DEI SONCIN, 25 fully paid Recorded with the Companies'
Register of Padua and Fiscal Code No. IT00773300280, R.E.A. PD-132682
1. BADO E MART AUCTIONS with principal office in Padua, VIA S. FRANCESCO
152 and operating office in VIA DEI SONCIN,25, recorded with the Companies' Register
of Padua and Fiscal Code No. IT00773300280 [Company Register Code PD-132682], in
carrying out its selling activity, acts as an agent on an exclusive basis in its name but on
behalf of each Seller, whose name is registered in the special books held at BADO E
MART office pursuant to the Police Regulations. The sales shall be deemed concluded
directly between the Seller and the Buyer (hereinafter referred to as the "Buyer"); it
follows BADO E MART that undertakes no responsibility except that deriving from its role
as agent.
2. The lots are knocked down to the highest bidder. If any dispute arises between two or more
bidders, the disputed lot may, at the sole discretion of the Auctioneer, immediately be
reoffered and resold.
3. BADO E MART AUCTIONS reserves the right to withdraw any lot in its absolute
discretion and without need of any notice. During the auction, the auctioneer in its absolute
discretion is entitled to change the order of sale, to join and/or separate any two or more
lots. BADO E MART AUCTIONS, moreover, shall also withdraw lots if the bids do not
reach the reserve price, as agreed between BADO E MART AUCTIONS and the Seller.
4. The minimum rate by which a bid may be increased is 10% of the minimum starting price,
unless otherwise communicated by the Auctioneer.
5. The highest bidder by making its bid undertakes to pay to BADO E MART
AUCTIONS the hammer price of the lot plus the Buyer's Premium due to BADO E
MART AUCTIONS plus taxes and other charges applicable to the sale and to the
commission.
6. Title to the lots is transferred to the highest bidder only upon full payment of the hammer
price and of the commissions referred to in paragraph 7 herein below.
The following modalities of payment are accepted:
a. by cash up to Euro 1.999,00; and adjustment of the amount to any legal changes to the
law on the use of cash.
b. by credit card (Visa and Mastercard) in our office. A surcharge of 2% is payable on all
payments made by credit card and Paypal;
c. by banker's draft and/or certified non negotiable cheque payable to Antiquariato Librario
Bado e Mart s.a.s.;
d. by bank transfer headed to Antiquariato Librario Bado e Mart sas
IBAN: IT 84 M 03268 12100 0521 4960 4180
SWIFT: SELBIT2BXXX
EUROPE CIN: M
In remittance, the payment shall be deemed made only when BADO E MART
AUCTIONS's bank has confirmed the encashment of the cheque or the receipt of the
remittance.
7. The commissions due to BADO E MART AUCTIONS by the Buyer are the following:
o 25% of the hammer price for each lot +additional fees on other online platforms
(Live Auctioneers, Invaluable) up to an amount of Euro 100.000,00;
o 18% of the hammer price on any amount in excess of Euro 100.000,00.
8. LOTS WITH THE SYMBOL K. In Italy the Legislative Decree No. 118/2006 provides a so
called "Diritto di Seguito" (artist's resale right) namely the right of the artist, who created
figurative works or manuscripts, during his entire life and the right of his heirs for a period
of 70 years from the artist's death, to receive a payment calculated at a percentage of the
sale price of the originals of his works on occasion of subsequent sales of the artist's works.
For lots that appear with this symbol the buyer is committed to pay the "droit de suite"
which entitles the seller to pay according to the art. 152, I comma, Law 22 aprile 1941, n.
633. Such artist's compensation is at charge of the Buyer and is calculated on the hammer
price if it is equal or higher than Euro 3.000,00. This compensation cannot in any case be
higher than Euro 12.500,00 for each lot. The amount of the compensation to be paid is
calculated as follows: 4% for the sum of the hammer price up to Euro 50.000,00; 3% for the
sum of the hammer price between Euro 50.000,01 and Euro 200.000,00; 1% for the sum of
the hammer price between Euro 200.000,01 and Euro 350.000,00; 0,50% for the sum of the
hammer price between Euro 350.000,01 and Euro 500.000,00; 0,25% of the hammer price in
excess of Euro 500.000,00. The artist's compensation charged to Buyer shall be paid
by BADO E MART AUCTIONS to SIAE, pursuant to what prescribed by the Italian law.
9. Bado and Mart Auctions may accept purchase commissions of lots by bidders for sale on
the precise mandate fully completed in each part (written bids or telephone participations),
indicating all their personal data (attaching a copy of an identity document valid) and
possibly their bank references. In which case the Director of Sales will make bids on the
basis of instructions received. BADO E MART AUCTIONS reserves to itself the right to
refuse bids made by persons not registered or not identified or who has not given adequate
bank references.
- Written offers are valid if received by the Auction House within 24 hours of the start of the
auction and are clear and complete.
- Telephone holdings are valid if received in writing within 24 hours of the start of the
auction.
- Bado and Mart Auctions can not be held responsible for any errors that might occur in the
execution of telephone bids and is not responsible if it is not possible to establish contact
with the customer. The lots will be purchased at the lowest possible price allowed by other
offers on the same lots and the recorded reserves. In the case of tenders for the same amount
the bid received first will prevail. Such data shall be processed in accordance with
applicable laws on protection of confidentiality of personal data (SO-CALLED Privacy), as
information that will be delivered to the participants.
- Bado and Mart Auctions deemed solely responsible for payment the successful tenderer
and are not accepted transfers to third parties of lots already awarded. Therefore
participation in the auction in the name and on behalf of third parties must be notified in
advance. the data provided at registration are those that appear in the bill of sale and shall
not be modified.
10. BADO E MART AUCTIONS will be entitled to execute bids for specific lots on behalf of
clients known to it, making bids through the auctioneer in competition with the other bidders
attending the sale. In the event of two identical bids, the bid communicated by the
auctioneer shall prevail over the bid made by other bidders.
11. BADO E MART AUCTIONS acts as mere agent of the Sellers and shall not be held liable
for the description of the lots in the catalogues, brochures and other publications. Statements
in the catalogue or condition reports or any other indication or illustration regarding the lots,
are purely statements of opinion and are not to be relied upon as statements of warranty.
Before every auction, an exhibition of the lots shall take place in order to allow a trough
evaluation of the authenticity, the state of preservation, the provenance and the type and
quality of any lot. The exhibition is intended to allow a review of the conservation status and
quality of the objects and clear up any errors and / or inaccuracies that may appear in the
compilation of the catalog. During the exhibition, the Sales Director and / or the staff will be
available for any clarification; the exhibition has the purpose of examining the state of
conservation and quality of the objects, as well as clarifying any errors and inaccuracies
reported in the catalog. The interested parties undertake to examine the property in person,
possibly also with the help of a trusted expert. All items are sold "as seen", in the state and
conditions of conservation in which they are found.
The descriptions in the catalog can be integrated on request of the customer by delivery of
written reports (condition reports). After the award nor Bado and Mart Auctions nor the
Seller shall be liable for defects related to the state of conservation, for the wrong
attribution, authenticity, provenance, weight or lack of quality of the items. Nor Bado and
Mart Auctions nor the personnel to Bado and Mart Auctions will release any guarantee of
this, except for cases provided by law. Notwithstanding the foregoing, and as provided by
mandatory provisions of law any liability for damages either towards Bado and Mart
Auctions, that the Seller shall not exceed the amount of the award of the relevant batch.
12. The estimates regarding the possible sale price of each lot are expressed in Euro and are
printed under their description in the catalogue and are not inclusive of the commissions
payable by the Buyer to Bado and Mart Auctions. Estimates may be subjected to revision at
any moment, so that the lots may be offered at the auction at a price different from that
indicated in the catalogue. The description of the lots in the catalogue can also be subject to
revision by way of appropriate communications to the public during the auction.
13. The Buyer shall pay to BADO E MART AUCTIONS the hammer price plus Buyer's
Premium within seven working days from the end of the sale. The Buyer may withdrawn the
won lots after the total payment, partial payments are not allowed unless otherwise
previously agreed in writing with BADO E MART AUCTIONS.
14. In the event of delays in the payment of the hammer price plus commissions by the Buyer,
after seven working days from the end of the sale, BADO E MART AUCTIONS, charged
to the Buyer the liquidated damages, can proceed:
-to take action to get the compulsory enforcement of purchase;
-to sell the lot by private treaty, with the right to demand by the Buyer any price differences;
- To sell at a later auction to the detriment of the Buyer, retaining as a penalty any advance
payments received.
-to act only for the recovery of a penalty equal to 25% of the hammer price.
15. The Buyer, after the payment of the hammer price and of the commission, should collect the
lots at his own risk and costs within seven days from auction.
After this time, BADO E MART AUCTIONS shall not be held liable towards the Buyer
with reference to the custody, to any possible deterioration or wear and tear of the lots and
will have right to transfer lots which have not been collected at the expense and risk of the
Buyer to its office or to private or public warehouse.
Bado e Mart Auctions may arrange to have the lots packed, insured and shipped at the
express request, expense and risk of the Buyer, upon receipt of the related payment.
16. (H): Lots marked with this symbol, being under a temporary import regime on the Italian
territory by a foreign seller, are not subject to any restrictive measure by the Italian
legislation. For the other lots, possibly subject to a notification by the State, the Bidders will
be required, to comply with all the provisions set forth in Legislative Decree no. 22 January
2004 n. 42 (SO-CALLED "Code of Cultural Heritage"). The export of lots by the Buyers,
resident and non-resident in Italy will be governed by that legislation as well as to customs,
currency and tax regulations. Bado and Mart Auctions assumes no liability to Bidders
regarding possible restrictions on exports of the lots awarded nor for any licenses or permits
that the contractor of a lot must obtain under Italian law. Failure of the releasing and granting
the export license cannot justify the cancellation of the purchase or non-payment.
The Successful Bidder, in case of exercise of the right of first refusal by the state, can not
force Bado and Mart Auctions and / or the Seller any refund of the interest on the price of
the auction commission already paid.
17. Any disputes about the attributions given in the catalog and on the quality of the lots
awarded will be moved by registered mail with return receipt to be sent no later than 10 days
from the award date. In case the complaint proves founded, based on the documentation that
in any case will have to be produced under the responsibility and cost of the Buyer, Bado
and Mart Auctions, will be held exclusively for the repayment of the sums already received
without interest, upon surrender of the sold goods , without any further obligation for
damages of any kind.
18. In any case of auctions concerning books, the Buyer shall not be entitled to dispute any
damage to bindings, foxing, wormholes, trimmed pages or plates or any other defect
affecting the integrity of the text and/or illustrative material, including missing indices of
plates, blank pages, insertions, supplements and additions subsequent to the date of
publication of the work. Will not be also accepted dispute of any books not described in the
catalog. As for Auctions of Drawings, Paintings and Prints and Bado Mart Auctions is not
responsible for the works attributed to an artist, a school, a country or a period, as they are
given as a guidance purpose and reflect the opinion of our experts.
As for auctions of drawings, paintings and prints, porcelains and furniture Bado Mart
Auctions is not responsible for works attributed to an artist, a school, a country or a period,
defects, damages or losses as they are given for the purpose of orientation and reflects the
opinion of our experts.
For the auctions containing paintings, porcelains and furniture, Bado and Mart Auctions
could ask for the help of a qualified transport courier to ship the lot(s) won.
19. In the event that Bado e Mart Auctions is notified or become aware of a claim by a third
party about the ownership or possession or control of one or more lots, it may, in its absolute
discretion, retain possession of the lots for such period as it is reasonable for the settlement
of the claim.
20. In the event that the buyer is a consumer pursuant to art. 3 of the Consumer Code, sales
concluded through written offers without direct participation in the room, telephone or
online offers constitute distance contracts pursuant to and for the purposes of Articles 45 and
ss. of the Consumer Code. Except as provided in the following paragraph, pursuant to art.
59, paragraph 1, lett. m) of the Consumer Code, the buyer will not be able to take advantage
of the right of withdrawal as the contract is to be considered concluded at a public auction as
defined in art. 45, paragraph 1, lett. or of the aforementioned Consumer Code.
In auctions with the wording "timed auction", the buyer is granted the right of withdrawal
pursuant to and for the purposes of art. 59 of the Consumer Code. The buyer may withdraw
from the contract within fourteen days from the moment in which he took possession of the
purchased good, without having to provide any reasons, by sending a communication by
registered letter with return receipt or by PEC to Bado and Mart Auctions to the address
badoemart@pcert.postecert. it.
The cost of returning the goods will be borne by the buyer who will then arrange for the
return at his own expense within fourteen days of receipt by Bado Mart Auctions of the
notice of withdrawal. The deadline is met if the buyer sends back the goods before the
expiry of the fourteen-day period. Bado Mart Auctions will reimburse all payments received
from the consumer, possibly including delivery costs (with the exception of additional costs
arising from the possible choice of a type of delivery other than the least expensive type of
standard delivery offered by us), within fourteen days from the day in which it is informed
of the consumer's decision to withdraw from the contract. However, Bado Mart Auctions
may withhold the refund until it has received the return of the goods subject to withdrawal.
The refund will be made using the same means of payment used by the consumer for the
initial transaction, unless the consumer has expressly agreed otherwise and provided that he
does not have to incur any costs as a consequence of the refund. For the purposes of
exercising the right of withdrawal, the buyer is in any case considered to have taken
possession of the purchased good when ten days have elapsed from the payment by the
buyer and the same has not collected the good.
21. In the event that Bado and Mart Auctions has been informed or becomes aware of any claim
or right of third parties relating to the ownership, possession or possession of one or more
lots, it may, at its discretion, keep such lots pending settlement of the dispute or for the
entire period reasonably deemed necessary for such settlement.
22. Personal data will be processed in accordance with the 2016/679 European regulation
(GPDR).
23. The lots offered for sale are to be considered used goods / antiques and as such not subject
to the Consumer Code, according to the provision of art. 3, lett. E) of Legislative Decree no.
206/2005.
24. It should be noted that purchases made at Bado and Mart Auctions are not subject to the
right of withdrawal as this is a contract concluded on the occasion of an auction sale.
25. These general conditions of sale shall be deemed accepted entirely and automatically by the
sale participants and are available to any person requesting them. Any dispute relating to
these general conditions on the auctions shall be submitted to the exclusive jurisdiction of
the Foro of Padua and shall be governed by Italian Law, saving Bado e Mart Auctions rights
to submit the claim to the Court where the defendant is resident.
Please for any request or doubt call 0039 3495909733 or 004987553
