Conditions of Sale
1. The lots shall be offered for sale to the highest bidder and shall be settled in cash within seven working days of the auction. International Art Sale srl acts as agent with representation in the name and on behalf of each seller. The lot can also be offered for sale online with a fixed offer respecting the minimum established, subject to the authorization of the client.
2. The estimates given in the catalogue or next to each online lot are only indicative and may be subject to review.
3. The reserve price corresponds to the minimum value of the asset agreed with the principal, below which it may not be sold.
4. A public display of the lots will precede each auction where you can view the goods offered for sale, ask the Director of the sale for information, explanations and clarifications to experts in the fields and examine the state of conservation of the same. Any errors or inaccuracies in the compilation of the catalogue must be contested, under penalty of forfeiture, to International Art Sale srl, before the award.
5. At the final price of each lot, the buyer must pay International Art Sale srl an auction commission equal to 25% i.c. on the final price of the lot up to € 200,000.00, which will be reduced to 20% i.c. for the excess part. In the case of proven extra-EU export of the lots purchased by the buyer, only if the operator has a VAT number in compliance with the rules provided for by Italian law, the VAT on the auction fees will be refunded upon presentation of the Customs documentation certifying the actual export.
6. The Sales Director may accept purchase commissions with offers at fixed prices, on a special form signed and registered before the start of the sale. The offer in the auction room prevails over the written purchase commission.
7. Participation in the auction is subject to prior registration, by filling in the form with your personal details, before the start of the sale, attaching a photocopy of a valid identification document. The participant will be given a numbered pallet to be shown at the time of the award. The Sales Director may not accept offers from customers not previously identified.
8. Participants in the auction on behalf of the legal representative of the Company shall hold a signed proxy and the document of the legal representative of the Company in addition to their own.
9. The Auctioneer accepts offers from those present in the room, by telephone and in writing, but only from those who have booked with a special card and online for fixed offers in the manner indicated.
10. Participants who have left written offers will be informed of the outcome of their offer by written communication. Buyers who wish to know in advance the outcome of their bids, may call the Head Office, if the auction was conducted in Milan, the day after the sale.
11. International Art Sale srl reserves the right to withdraw any lot from the auction. During the auction, the Sales Director has the right to change the sales order and to combine or separate the lots.
12. The International Art Sale srl, pursuant to art. 1704 of the Civil Code, acts as agent with representation, in the name and on behalf of the owners of the works offered for sale, and therefore does not acquire rights or assume obligations of its own. All responsibility continues to be borne by the owners of the works, ex Articles 1476 et seq. Civil Code.
13. Buyers must make payment within 7 (seven) days from the date of sale. It is understood that the purchased items must be collected from our offices in Milan, Via G. Puccini, 3. For any shipments authorized by the buyer, the cost of the courier is borne by the buyer. International Art Sale srl accepts payments only and exclusively from the holder of the invoice with:
- Bank transfer to Bank:
BANCA SELLA via Vincenzo Monti, 33 - 20123 MILAN
IBAN: IT 81 M 03268 01602 0528 8238 1940
SWIFT: SELBIT2BXXX
- Bank draft - Non-transferable payable to:
International Art Sale srl
- Credit card
- In cash: we accept only payments up to € 2,999.99 in compliance with the applicable rules of law.
14. In the event that the buyer appoints a third party to collect the lots already paid for, the third party must be provided with a proxy from the buyer for a photocopy of the buyer's identity document, in addition to the receipt of payment.
15. International Art Sale srl does not assume any responsibility for the diagnoses reported on the analyses issued by national and international Gemological Laboratories attached to the goods offered for sale.
16. The International Art Sale srl reserves the right to make recourse, in the appropriate locations, to the auction rights not collected by buyers who for any reason do not withdraw the lot awarded in the hall, by phone, or by written bid.
17. The International Art Sale srl presents the works, in the catalog and online, each accompanied by a technical-historical sheet describing the work in its entirety, reporting any visible imperfection, as regards the state of preservation, but is not responsible for hidden defects and failures due to the age of the goods offered for sale. Any complaints must be communicated to International Art Sale srl in writing within 7 (seven) working days after the date of sale and must be supported by a written report issued by a qualified expert in the matter of contending, are not accepted opinions of unqualified persons. International Art Sale srl reserves the right to open a discussion with a qualified expert of the auction house and a qualified expert in the matter of the dispute appointed by the buyer. A claim recognized as well-founded will result in the refund of the amount paid, without any request for any damage caused, against the return of the work purchased.
18. Buyers are required to comply with all applicable laws and / or regulations regarding objects declared of cultural interest by the Ministry of Cultural Heritage pursuant to Legislative Decree 22/01/2004 n.42 et seq. In the event that the State exercises its right of pre-emption, the successful bidder shall be returned the amount paid and shall not be entitled to claim from the International Art Sale or the seller any reimbursement of any interest on the price and on the auction commissions already paid. The export of items by buyer's resident or not resident in Italy is governed by the above rules, as well as by customs, currency and tax laws in force. Therefore, the export of items dating back more than seventy years is always subject to the license of free movement issued by the competent authority. International Art Sale does not assume any responsibility towards the buyer for any restrictions on the export of the lots awarded, nor for any licenses or certificates that the same must obtain under Italian law.
19. The cost of issuing the necessary certificates of free circulation and/or export licences shall be borne by the purchaser and their cost shall be EUR 150 + VAT. Delay in the issue of any licence shall not constitute a cause for termination or cancellation of the sale or a justified reason for late payment by the purchaser. The export of items by buyer's resident and non-resident in Italy is governed by the aforementioned legislation and by the customs, currency and tax laws in force.
20. The right of resale will be charged to the seller pursuant to art. 152 of Law 22.04.1941 n. 633, as replaced by art. 10 of Legislative Decree 13.02.2006 n. 118.
21. For each lot containing materials belonging to protected species (Washinton Convention 1975) such as, for example, coral, ivory, turtle, crocodile, whale bones, rhinoceros horns, etc., a CITES export licence issued by the Ministry of the Environment and Territory Protection is required and must be requested by the owner of the property before sale. Potential buyers are invited to enquire at the destination country about the laws governing these imports.
22. These Conditions of Sale, governed by Italian law, are tacitly accepted by all participants in the auction procedure and remain available to anyone who requests it.
23. Pursuant to art. 13 of Legislative Decree no. 196 of 30.06.2003 (Personal Data Protection Code), International Art Sale, in its capacity as data controller, informs you that the personal or company data supplied by paper and/or electronic means will be used for the stipulation and execution of the contract concerning our services and to comply with legal obligations. The provision of data is necessary to fulfill the contractual / legal obligations, failure to communicate them affects the conclusion of the contract. Subject to express consent, the data may be used for sending information, advertising and promotional material on the activities of International Art Sale srl. To view the extended information please refer to the Privacy Policy on the website: www.internationalartsale.it
24. For the purposes set out in current anti-money laundering legislation D. Legislative Decree no. 231 of 21.11.2007, as amended, the purchaser declares that he is paying with money that does not come from illegal activities.
25. For any controversy concerning the sale, the exclusive competence of the Court of Milan is established.