Conditions of Sale1
1 - These general conditions govern the auctioning of works of art
modern and contemporary, ancient and design, organized in its own open spaces
to the public and online web domains owned (www.astebrina.com) by the company
Brina Arte VAT: 01996470389 (from now on "Brina Arte"). Except in cases where
it is not a matter of property owned by Brina Arte, the latter acts as
agent with representation of the person who conferred him the role of
sell the goods at auction ("Principal"). In this case the effects of the sale are
binding only for the seller who owns the goods and the buyer of them, of
Consequently, Brina Arte does not assume responsibility towards the buyer
other than those relating to the sales contract. To allow the
potential buyers to view the works for sale, to know the main ones
technical characteristics and to evaluate their authenticity, quality and condition
conservation, Brina Arte will organize exhibitions on its premises or elsewhere
headquarters (where indicated) and / or will be available in any case to a vision on
appointment of the works in the auction catalog. Waiting for the opportunity to examine
previously the authenticity, quality and state of conservation of each
work for sale, no disputes will be accepted after the award
auction and Brina Arte cannot be held responsible for any defects
relating to authenticity, incorrect attribution, state of conservation and
catalog, each work also presents an estimate attributed by the experts of Brina
Art; it should be noted that this estimate is to be considered merely indicative and,
therefore, the final award price may be freely lower,
equal to or greater than the estimate provided. Finally, in the catalog, each work presents
an auction base: this value represents the minimum sale price established by
Brina Arte for the property owned by the latter or agreed between Brina Arte ed
the principal for the goods for which he acts as an agent, below whom
the good will be considered unsold.
2 - Participation in the auction takes place after registration, which
it consists in filling in the registration form - indicating the data
personal data of the interested party (general, tax code, VAT number, place of
residence, domicile, landline and mobile phone number) - and in the delivery of the
copy of a valid identity document and the
your tax code. If the data subject wishes to register as a legal person
must deliver a copy of the company's chamber of commerce registration. That inscription
can be carried out at any time, both during the exhibition and
precedes the auction both before the start of the sales session. Brina Arte reserves itself
the right to decide whether or not to accept an applicant's participation in the
own auctions and, in particular, may deny participation in subjects that do not
have punctually honored pecuniary obligations, also by way of title
compensation, against Brina Arte.
3 - Brina Arte has the right to withdraw from the auction, at any time,
any good offered for sale. If the property is presented at auction and the
offers received do not reach the reserve price established by Brina Arte or
agreed with the principal, this asset will be considered unsold and, therefore,
withdrawn from the auction. The choice relating to the method of sale rests with Brina Arte, in
person of the sales director, who has the option to combine, divide and
vary the order of the lots offered for sale. The sales manager will accept
offers from the audience in the room, written offers left at the counter
prior to the beginning of the auction, telephone bids for which there is a title
commission fee. At the time of the award, the buyer will be asked
the signing of an award report indicating the lot awarded ed
the hammer price. In some specific cases, specifically indicated in the catalog,
for lots delivered by a VAT subject, in addition to the VAT calculated on the
auction commission, 22% VAT will be calculated on the hammer price. For
lots temporarily imported from countries outside the community
European, in addition to the VAT calculated on the auction commission, the VAT of
10% on the hammer price. Payment, including auction fees,
must be made within 10 (ten) days of the auction date. Remember
that the transfer of ownership of the lot from the principal to the buyer will take place
only at the time of payment by the latter of the amount
due. The successful tenderer, paid in full the auction price and commissions
25%, must collect the lots purchased at their own care, risk and expenses within 7
(seven) days from the award. By agreement with the successful tenderer, Brina Arte
may organize, at the expense and risk of the successful bidder, the packaging, the
transport and insurance of the lot. In this case, the successful tenderer waives every
claim and / or action against Brina Arte for any courier delays
in the delivery of the shipment. For the packaging, the buyer also undertakes
to pay Brina Arte the requested fee which varies from € 15.00 (fifteen)
at € 100.00 (one hundred) per package, depending on the nature and size of the
same. In the case of buyers who are successful bidders for the first time, yes
Finally, remember that if they wish to pay by check and / or by bank transfer
banking, the transfer of ownership of the lot will take place only when the
payment will be successful and the amount will actually be received by Brina
Art. In this case, the goods awarded must be collected at the care, risk and expense
of the buyer within 10 (ten) days of receiving the aforementioned payment.
After this term, Brina Arte will be released from any liability in the
to the successful tenderer for the safekeeping of the property and may charge the cost
of € 6.00 (six) per day for storage in its premises.
4 - The payment of the lots can be made by: - cashier's check - credit card
credit - ATM - cash (up to € 2999.00 in compliance with the rules
money laundering) - bank transfer (in this case the payment and therefore the
transfer of ownership of the asset from the principal to the buyer will be deemed to have been made
only after the actual registration of the credit of the whole
amount on the account of Brina Arte) - bank check (in this case the payment
and therefore the transfer of ownership of the asset from the principal to the buyer yes
will only be considered after the actual registration of the credit
of the entire amount on the account of Brina Arte).
5 - In case of non-payment of the amounts due later
the award, which lasted for over 15 (fifteen) days, Brina Arte will be able to
alternatively: - terminate the sale, giving written communication pursuant to
art. 1456 cc, without prejudice to the possibility of Brina Arte to protect itself in the
competent offices and with the appropriate actions against the successful tenderer
defaulting; - proceed to obtain the forced execution of the obligation to
purchase and payment; - sell the lot to private negotiation in damage
the successful tenderer; - dispose of the lot by auction at a loss
the contractor. Remember that the works will be kept by Brina Arte a
the risk and expenses of the successful tenderer until they are alienated as
above.
6 - For the goods sold at auction, the relationship between Brina Arte and the principal ends
approximately 30 (thirty) working days from the auction closing date,
without prejudice to the collection of the amount due by the successful tenderer by
terms established by these general conditions of sale.
7 - In the event that after the award, an asset turns out to be one
counterfeiting, Brina Arte will reimburse the buyer who requests to
termination of the sales contract - upon return of the goods to Brina Arte - on
only the price paid by them, in the same currency. No rights and / or expenses
additional will be recognized to the buyer. This obligation of Brina Arte is
subject to the condition that, no later than five (5) years from the date of
award, the buyer: - communicates to Brina Arte in writing, within three (3)
months from the date on which he was informed of the elements that lead him to believe
that the asset is a counterfeit, the reasons why the buyer believes that the
well be a counterfeit; - is able to return the good to Brina Arte,
free from claims and / or claims and / or restrictions by third parties and / or authorities
judicial and / or administrative arisen after the date of sale and the asset is in the
same conditions in which it was at the date of the award; - provide Brina
Art reports from two independent and recognized scholars or experts
competence, which explains the reasons why the asset is considered one
counterfeiting. It should be noted that Brina Arte will not be bound by the opinions provided
by the buyer and reserves the right to request additional advice from others
experts.
8 - In the event that the successful tenderer is resident abroad and, consequently, the
purchased goods must be exported, Brina Arte assumes no responsibility
towards the successful tenderer for any export limits, nor
regarding any licenses, authorizations and / or permits that the successful tenderer
must obtain and / or obtain on the basis of the laws in force (customs, currency and a
protection of artistic heritage). Payment for purchases will still have to
be carried out within the established terms and the denial of a permit
export cannot be used as a reason for cancellation of the purchase
let alone justify the non-payment of the lot in question. In case of
exercise by the State of the right of first refusal, the buyer will not be able
claim no refund for the amounts paid. For objects subjected to
State notification, buyers are required to comply with all
current legislative provisions on the matter.
9 - The effects of the sale will take place exclusively between the seller
owner of the goods and the successful tenderer. Brina Arte does not take on
of the successful tenderer and / or third parties in general no liability other than those ad
it deriving from its capacity as agent. Any dispute
therefore, only for the order and / or defects of the thing sold
and exclusively towards the seller who owns it.
10 - These general conditions of sale, governed exclusively by
Italian law, are automatically and fully accepted by all
subjects participating in the sales procedure. Criminal law protects the
freedom of enchantments and punishes the disturbance of tenders also through offers
fictitious. For any dispute that may arise in connection with the application,
interpretation and execution of these general conditions of sale will be
the Court of Ferrara has exclusive jurisdiction.
11 - The buyer declares to have received the information pursuant to art. 13 of
Leg. 196/2003 n. 196 (Code regarding the protection of personal data), in
particular with regard to the rights recognized pursuant to art. 7 of Legislative Decree 196/2003 n. 196, and
declares to give its express consent, pursuant to art. 23 of Legislative Decree
196/2003 n. 196, to the processing of personal data in the manner and for
the purposes indicated in the information itself, however strictly connected and
instrumental to the management of participation in the auction and the sales relationship
auction. Please note that the data controller is Brina Arte to whom it is
It is possible to address requests and requests relating to the processing of the data
