Terms
Terms and conditions of business (English version - auctions taking place in Rome)
1. Lots may be viewed at Villa Bertolami, Via Maria Domenica Brun Barbantin 44 from 22 May to 2 June 2014 (www.villabertolami.it) from 11 to 19 hrs. ACR Auctions s.r.l. (henceforth ACR) acts as the sole agent for officially registered sellers.The proceeds of the sale are due to the seller, ACR does not assume any liability beyond those accruing to it as a mandatory agent for the seller or any other third parties.
2. 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 ACR 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.acrauctions.it), or Druot live (www.drouotlive.com), The-saleroom (www.the-saleroom.com), Invaluable (www.invaluable.com), fax, email, phone (in this case, the calls will be recorded) or directly to the offices of ACR. Offers made by email, fax, phone, through our website or website above mentioned, can be received until the time indicated in the information for buyers. ACR 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 ACR will be asked to pay for their purchases in Euro on taking possession. ACR 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. ACR 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. ACR may also remove lots if the offers do not reach the reserve price agreed between ACR and the seller.
4. A premium of 22% on the hammer price (inclusive of VAT for European customer) is payable by the buyer on all sales.
5. All prospective bidders are required to register with ACR 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.
6. ACR 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.
ACR 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.
7. ACR 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, ACR may cancel the contract of sale of lots.
8. ACR, 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 ACR nor the seller is responsible for statements of opinion concerning the description, condition, weight or erroneous attribution of the items offered. After adjudication neither ACR nor the personnel of ACR will be held responsible for any controversies arising as to the state of preservation, provenance, omissions or erroneous attribution of the items offered. Neither ACR nor its personnel can give any guarantee to this effect, except in cases as foreseen by Italian law.
ACR 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 ACR. 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 ACR.
Moreover, ACR 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.
ACR 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 ofboth 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. ACR 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. There is also an opening price (indicated on www.acrauctions.it), under which no offers will be accepted. Lot descriptions in the catalogue can be changed, revised or corrected, any such sale notices will be communicated before or during the sale.
10. All payments must be made in Euro and payable in full to ACR within seven days of the auction closure date and time. Failure of payment will incur, without prejudice to any other rights, proceedings against the buyer for the following:
a) For damages and breach of contract with the enforcement of the compulsory purchase obligation.
b) To dispose the lot by private treaty or cause it to be re-sold by public auction for which the defaulting buyer shall be liable to ACR for any resulting deficiency in the total amount realized and advance payments received will be withheld.
Unpaid items will be held by ACR 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 held responsible by ACR for a penalty of 1% per 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.
11. 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, ACR will make shipment by registered mail, insured and traceable. The shipment of the invoices amount less than € 200.00 is normally done by registred mail.
12. Notwithstanding any provision to the contrary contained herein, ACR 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 ACR 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.
13. 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 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.
ACR 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 ACR or the seller any reimbursement of interest on the hammer price and fees already paid.
14. Successful bidders (i.e. Italian citizens resident in Italy) are required by law to provide ACR with their indentity document and tax code number.
15. Items offered for sale are unconditionally guaranteed authentic and no time limit.
16. 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 1.000 €.
17. Multiple lots containing coins that are not illustrated are sold 'as is' and may not be returned by the buyer.
18. These terms and conditions of business are automatically accepted by those participating in our sales and are available on request.
19. Under Article 13 of Italian Legislative Decree no. 196 of 30.6.2003 (The Privacy Code) bidders are reassured that personal data given to AR is protected and exclusively to satisfy the requirements of the Italian authorities with regard to contracts, customers and related trade. This personal data is centrally kept and is only accessible to authorized personnel.
The disclosure of personal data is obligatory under Italian law and facilitates the establishment and the continuation of commercial relationships, the absence of which is departmental to the contractual obligations of bidders and consignors. The disclosure of other personal data is voluntary, aimed at enabling better customer service and may be disclosed only to a parent, affiliated companies or specialist service providers such as:
I) software, hardware and information computer systems.
II) data processing and storage systems.
III) printing, transmission, addressing, transport and handling systems.
(IV) financial services companies, debt collection and financial risk agencies.
Customers may always exercise the right of privacy as stipulated by Article 7 of The Privacy Code.
The responsibility for data protection is with ACR Auctions s.r.l., in via del Babuino 89, 00187 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.
20. 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.
Auction commission, Value Added Tax and costs
The Value Added Tax Margin Scheme
All sales are conducted by ACR under the VAT Margin Scheme (Articles 40 bis, 41/95 and subsequent modifications). Therefore ACR will not apply additional VAT on the hammer price.
Buyer's Premium
A premium of 22% on the hammer price (inclusive of VAT for European customer) is payable by the buyer on all sales.
Although we will endeavour to execute all late bids, ACR will not be held responsible for bids received after the day and time stipulated for the sale closure.
