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Sale

Casa d’Aste Capitolium Art s.r.l., with registered office in Brescia, Via Carlo Cattaneo n. 55, Tax Code and VAT number 02986010987, acts as agent in its own name and on behalf of each owner for the sale of Lots of goods, at auction or by private negotiation.
Sales are made to the highest bidder at auction sessions on the advertised auction days. The Bidders declare that they have viewed and examined the Lots and accept unconditionally any Lots they may win, regardless of the description of the Lots in the Auction Catalogue.
The hammer blow of the Auctioneer determines the conclusion of the contract between the Seller and the Buyer. The sale of the Lots shall be considered to have taken place directly between the Seller and whoever – among the persons who have bid on one or more Lots – has made the highest bid on each of the Lots and is declared the successful bidder. It follows that the Auction House shall not assume any direct liability towards the Bidders and/or the Buyer, except for its liabilities as agent, and that the Seller of the works shall continue to be liable pursuant to Articles 1476 et seq. of the Italian Civil Code.
In any case (also for any telephone and/or internet bids and/or for any online auctions) the sale is understood to be carried out in the context of a public auction, without the right of withdrawal by the Buyer.

Changes and reserve price

The Auctioneer reserves the right, at its absolute and unquestionable discretion and without notice, to:

  1. decide the starting price of the Lots;
  2. change the auction order as compared to that foreseen in the Catalogue, provided that the Lot is not auctioned prior to the day indicated in the Catalogue;
  3. reunite and/or divide the Lots;
  4. withdraw one or more Lots from the auction.

The Auction House may not sell and/or withdraw from the auction the Lots for which the highest bid fails to reach the minimum reserve price agreed with the Seller and, in this case, the Lots must, however, be understood as not sold to the Bidders.
Should any dispute arise regarding the win of a Lot, the Auctioneer may, at its absolute and unquestionable discretion, put the Lot back up for auction with a new bidding process or resume the auction starting from the previous bid.

Bids and price

The Auctioneers start the auction from the bid they deem adequate.
The Auctioneer reserves the right to submit consecutive bids or counterbids in the interest of the Seller, until the reserve price is reached.
Each of the Bidders, with the formulation of their own bid to purchase the Lots, in the event that they are the highest bidder, undertakes to purchase the Lots and to pay to Capitolium Art, for each of the Lots won, the total amount including the hammer price for the purchase of Lots, rights and expenses, in addition to any charges due by law.

Absentee bids

During the sale, the Auctioneer may submit a counterbid by proxy for bidders who are unable to participate in the auction.
Absentee bidding requests can be made by registering for the online bidding service ‘MyCapitoliumart’. Both registration for ‘MyCapitoliumart’ and participation in the auction implies acceptance of all these General Terms and Conditions of Sale, none excluded. The absentee bidding service is free, however the Auction House shall accept no liability in the event of absentee bids not submitted or for errors in the submission of these bids.

Simultaneous bids / bids on the hammer

In the event of bids of the same amount and submitted in the same way (i.e. submitted in the hall, by telephone, in writing or online), the Auction House shall take into consideration only the bid received first.

Telephone bidding

During the auction, bids may be submitted by telephone, upon prior request made by registering with the online bidding service ‘MyCapitoliumart’. Both registration for ‘MyCapitoliumart’ and participation in the auction implies acceptance of all these General Terms and Conditions of Sale, none excluded.
Telephone calls during the auction shall be recorded. The telephone bidding service is free, however the Auction House shall accept no liability in the event of bids not submitted or for errors in the submission of the bids.
In the event of winning a Lot, if the Seller is a professional and the Buyer can be qualified as a consumer pursuant to Art. 3 of the Consumer Code, the Buyer shall not have the right of withdrawal – pursuant to Art. 59, paragraph 1 m) of the Consumer Code – foreseen for distance contracts, insofar as the sales contract is concluded at a public auction according to the definition under Art. 45, paragraph 1 o) of the Consumer Code. If the bid submitted to Capitolium Art is the highest in that auction, the Buyer irrevocably agrees to pay the full purchase price, including the auction commission and all applicable taxes and any other charges.

Live participation online

Auction sessions can be followed live on our website on the scheduled dates and bids can be submitted in real time,
subject to registering with ‘MyCapitoliumart’. Both registration for ‘MyCapitoliumart’ and participation in the live auction online implies acceptance of all these General Terms and Conditions of Sale, none excluded.
The online bidding service is free, however the Auction House shall accept no liability in the event of bids not submitted or for errors in the submission of the bids.
In the event of winning a Lot, if the Seller is a professional and the Buyer can be qualified as a consumer pursuant to Art. 3 of the Consumer Code, the Buyer shall not have the right of withdrawal – pursuant to Art. 59, paragraph 1 m) of the Consumer Code – foreseen for distance contracts, insofar as the sales contract is concluded at a public auction according to the definition under Art. 45, paragraph 1 o) of the Consumer Code. If the bid submitted to Capitolium Art is the highest in that auction, the Buyer irrevocably agrees to pay the full purchase price, including the auction commission and all applicable taxes and any other charges.

Participation through external portals

In the event of participation in the auction and submission of bids through platforms and/or websites other than the ‘MyCapitoliumart’ platform, an additional commission shall be applied of 5% on the hammer price, in addition to the commission and expenses foreseen by these General Terms and Conditions of Sale to be paid by the Buyer.

Participation in auctions and security deposit

Capitolium Art reserves the right, at its sole discretion, to deny entry to its premises and participation in its auctions, as well as to refuse bids from unknown Buyers, subject to the provision of a suitable guarantee.
For new customers, Capitolium Art may require the payment of a security deposit in order to participate in the auctions. This deposit, the amount of which can be established at the discretion of Capitolium Art, must be paid in the manner referred to in Art. 12 below and shall be returned if no purchase is made.
In the event of failure to pay and/or late payment by a Buyer, the Auction House reserves the right to refuse all bids from the Buyer or from their representatives in any future auctions.

Auction rights

For each of the Lots won, the Buyer undertakes to pay the Auction House 26% of the hammer price of each of the awarded Lots as commission for the auction rights.

Viewing the Lots prior to the auction

Each Lot and its documentation can be viewed prior to the auction on the viewing days, in the case of traditional auctions, or by appointment for online auctions, in order to allow interested parties to examine the physical condition, the quality of the objects and the correctness of the related documentation, as well as clarifying any mistakes and inaccuracies found in the Catalogue.
The interested parties undertake to examine the property in person, possibly also with the help of a trusted expert. In light of the opportunity offered by the Auction House to examine the Lots in person, no complaints shall be admitted after winning the Lots, even in the event of involuntary mistakes in the Catalogue.
All Lots are sold “as seen”, in their existing conditions. No declaration on the age, physical condition, genre, value or quality of a Lot – whether expressed orally during the auction or at any other time or written in the Catalogue or elsewhere – may be interpreted as an explicit or implicit guarantee or assumption of liability.
The condition reports are included as additional documents of the Lots. Capitolium Art does not make refunds. The Auction House acts “in its own name and on behalf of third parties” pursuant to the Italian Civil Code and has the role of a mere intermediary between the Consignor – for whom it undertakes to sell the Lots as they were consigned with a mandate of sale – and the Buyer.

Payment

The total price must be paid by the Buyer to the Auction House within the essential, peremptory, non-deferrable and mandatory term of 5 days after the auction, using the following methods:

  1. in cash, up to a total amount of EUR 1,999.99 (one thousand nine hundred and ninety-nine - 99) or as otherwise established by law;
  2. by credit card (circuits accepted by the Auction House), with any related expenses and/or fees charged to the Buyer;
  3. upon prior express approval by the Auction House, by bank transfer or non-transferable cheque and/or bank draft, made out to the auction house.

Ownership and possession of the Lots shall pass to the Buyer only after full payment has been received, except in the case of complaints.

Complaints

In the event of complaints by the Buyer regarding the counterfeiting or falsification or non-evident substantial defects of the Lots won (or parts thereof), received by the Auction House within the essential and peremptory deadline of 30 (thirty) days from the date of the auction and found to be justified following verifications by the Auction House carried out jointly with the Buyer, Capitolium Art undertakes to return to the Buyer the commission for auction rights paid and to disclose the name of the Seller to the Buyer who requests it, notifying the former.
The Auction House shall specifically not be held liable by the Buyer for the authenticity, defects and characteristics of the Lots. The Buyer shall not bring any claim, for any reason, against the Auction House, whose disbursement to the Buyer is limited to the refund of the commission for the auction rights, and undertakes to address any complaint (including claim for compensation) directly and exclusively to the Seller.

Resale right

The resale right is borne by the Seller pursuant to Art. 152 of Italian Law No 633 of 22.04.1941, as replaced by Art. 10 of Leg. Decree No 118 of 13.02.2006.

Condition reports

Condition reports on the works may not be included in the entries in the Catalogue. The non-inclusion of condition reports does not imply that the Lot is in perfect condition or completely free of wear, imperfections or the effects of ageing. The potential Bidders are responsible for examining the Lots in person, through an agent or by contacting the Auction House to organise a viewing.
Requests for condition reports and additional photographs can be made via e-mail or through the form found in the online information for each Lot. Any information given to a customer is an opinion only and cannot be considered as a statement of fact.
The auction house operators are not professional conservators or restorers, so we invite potential Buyers to consult a trusted restorer and/or conservator, who will be able to provide a detailed and professional report. Potential Buyers must inspect each Lot to check its condition, ageing and authenticity. They must also understand and accept that any statement made by Capitolium Art is merely a qualified but subjective opinion.
It is specified that all the Lots are offered and sold “as seen” – therefore complaints shall not be accepted on the condition of the works sold – and all counts, weights and measures are approximate, thus the Auction House assumes no responsibility for any errors and/or omissions.

Lots of Iranian origin

The Bidders understand that:

  1. some countries (including, but not limited to, the United States of America) prohibit or restrict the purchase and import of Iranian “conventional handicrafts”, or works that are not by a recognized artist and/or that do not have a function, for example: decorative objects, bowls, tiles, ornamental boxes, scientific instruments and textiles. These restrictions, however, do not apply to carpets and “informative materials” such as paintings, manuscripts and works on paper;
  2. the Gulf Cooperation Council (GCC) has banned the import of Iranian goods to or through its member states.

It is the Purchaser's sole responsibility to verify any restrictions on the export and/or import of the awarded Lots or any licenses or certificates required by law (issued or to be issued), with express exemption from any obligation and/or liability on the part of the Auction House. In any case, it is understood that, in the event of a refusal to export and/or import, the sale shall remain valid and binding, including the obligation to pay the total price within the established terms.

Protected species

Lots consisting of or including (regardless of proportion) protected or endangered wildlife or species, including, but not limited to, ivory, turtle, crocodile skin, rhino horn, whale bone, some species of coral and Brazilian rosewood, are subject to restrictions.
The Bidders declare that they are aware of the fact that some countries do not allow the import of goods consisting of the above materials, while others require a licence issued by the competent regulatory authorities for export and import.
The Auction House may request, at its sole discretion, before proceeding with the shipment, the transmission of documentation, obtained by and at the expense of the Buyer, that certifies the conformity of the import.
It is the Purchaser's sole responsibility to verify any restrictions on the export and/or import of the awarded Lots or any licenses or certificates required by law (issued or to be issued), with express exemption from any obligation and/or liability on the part of the Auction House. In any case, it is understood that, in the event of a refusal to export and/or import, the sale shall remain valid and binding, including the obligation to pay the total price within the established terms. Therefore, the Buyer understands and accepts that the Auction House, in the event that the Lot cannot be exported and/or imported and/or in the event that it is seized for any reason, shall not give any refunds.

Lots containing African elephant ivory

Some countries (including, but not limited to, the United States of America) prohibit the import of African elephant ivory. Any Lot containing elephant ivory or other faunal material that can be easily confused with African elephant ivory (for example, mammoth ivory, walrus ivory, hornbill ivory) may only be imported into the United States if a scientific test confirms that the material is not African elephant ivory. If the aforementioned test is carried out by the Auction House, it shall be highlighted in the description of the Lot.
Should the Catalogue include no specific reference to any test and the Buyer nevertheless chooses to go ahead with the purchase, the Auction House shall not grant any refund, even in the event that the material should turn out to be African elephant ivory, given that the sale was finalized correctly. Buyers shall organise and bear the costs of all tests and checks they may deem necessary.

Cultural heritage

For all items of Lots subjected to the procedure of declaration of cultural interest (‘notification’) pursuant to Art. 13 et seq. of Leg. Decree No 42/2004, Buyers must comply with all the provisions of the Code of Cultural Heritage and any other applicable legislation including customs, currency and tax laws. The assets declared of significant interest pursuant to Art. 6 of Decree-Law No 490 of 29.10.99 are described as such in the Catalogue or expressly indicated during the sale. The Italian State can exercise the right of pre-emption on these assets within 60 days of notification of the sale, which, therefore, shall come into effect only after this deadline, pending which the Lot won cannot be delivered to the Buyer.
In case of exercise of the right of pre-emption pursuant to Art. 60 et seq. of Leg. Decree No 42/2004, or compulsory purchase pursuant to Art. 70 of the same law, the Buyer shall be unable to claim anything, for any reason, from the Auction House and/or the Seller, except for the restitution of any amounts already paid for the Lots won, at the time of payment by part of the Administration.

Non-payment

The Buyer is required to pay a deposit upon winning a Lot and to complete the payment before collecting the goods – at their own risk and expense – no later than ten days from the conclusion of the auction.
In the event of non-payment, in whole or in part, of the total amount due by the Buyer within this deadline, Capitolium Art shall have the right, at its sole discretion, to:

  1. return the asset to the Seller, demanding the Buyer pay for the commission lost as a penalty;
  2. take legal action to obtain the compulsory enforcement of the obligation to purchase;
  3. sell the Lot through private negotiation or in subsequent auctions on behalf and at the expense of the Buyer, pursuant to Art. 1515 of the Italian Civil Code, without prejudice in any case to the right to compensation for damages.

Collection of Lots

Lots may be collected upon payment of the full hammer price, including any rights, expenses and charges by law that may be due.
In the event of failure to collect at the same time as the payment of the full hammer price or in any case within the deadline set for the payment of the Lots won, Capitolium Art shall not be liable for any deterioration, damage and/or theft of the Lot and reserves the right to request the payment of the storage costs – of EUR 25.00 (twenty-five - 00) per day – in addition to the reimbursement of any expenses for transport to the warehouse, as per the standard customer rates, keeping the goods, at the Buyer's expense and risk, until full payment has been received.
In the event that the amount due for storage exceeds the purchase value of the Lot, the Auction House may claim against the Lot itself, which shall be forfeited.
Capitolium Art does not provide a shipping service. Where requested, the Auction House can provide the name of its affiliated couriers, whom the Buyer is free to contact for a free quote, including via the Auction House. The Buyer is free to entrust the shipment to any other trusted forwarder. Capitolium Art shall in no case be held responsible for the shipping service chosen by the Buyer.
For more information, please write to: spedizioni@capitoliumart.it. Where required, the Auction House can organize the packaging of the works. The cost for the packaging service is EUR 25.00 (twenty-five - 00) for each item, with the exception of delicate or bulky lots, for which a written quote must be requested by email to the address above.

Passing of risk

Any risk for the loss and/or damage to Lots won shall be transferred to the Buyer from the time of whichever occurs first between:

  1. taking delivery of the Lot or
  2. paying the amount due for the Lot.

Should neither of these events occur, the passage of risk shall in any case take place as of ten (10) days from the day the Lot was won.
With the passing of the risk to the Buyer, the latter expressly relieves Capitolium Art of any responsibility for the fate of the awarded Lot, including any damage, theft, fire or loss (total or partial).
The Buyer shall be compensated for any loss or damage that occurs after winning the Lot but before the transfer of the risk, but the compensation cannot exceed the hammer price of the Lot, added to the commission paid to the Auction House.
Capitolium Art shall under no circumstances be held liable for the loss of or damage to frames/glass that contain or cover prints, paintings or other works, unless the frame and/or glass constitute the Lot sold at auction.
The Auction House shall under no circumstances be held liable for the (total or partial) loss of or damage to the Lot won:

  • occurring due to any operations (including restoration, work on the frames and cleaning) by third parties, whoever employed them
  • caused – directly or indirectly – by:
    1. changes in humidity or temperature;
    2. normal wear and tear or gradual deterioration resulting from work on the asset and/or other events (including woodworms and parasites);
    3. treatment errors;
    4. war, nuclear fission, radioactive contamination, chemical, biochemical or electromagnetic weapons;
    5. acts of terrorism;
    6. cases of lockdown and similar, provisions by the Authorities, any other cause of force majeure beyond the control of Capitolium Art.

Liability

The Auction House acts as agent of the Seller and is exempt from any liability with regard to the origin and description of the Lots in the Catalogues, brochures and any other explanatory material; such descriptions, as well as any other indication or illustration, must be considered purely indicative and non-binding, and shall not create any form of expectation by the Bidders and the Buyer.
All auctions are preceded by the display of the Lots, in order to allow a careful and in-depth examination of the authenticity, physical condition, origin, type and quality, for which the Bidders and the Buyer exclusively assume all risk and responsibility, including pursuant to Art. 1488, paragraph 2 of the Italian Civil Code.
After the hammer falls, neither the Auction House nor the Sellers shall be held responsible for any defects in the Lots, relating, inter alia, to the physical condition, incorrect designation, authenticity, origin, weight or poor quality of the Lots. To this end, the Bidders and the Buyer expressly waive the guarantee referred to in Art. 1490 of the Italian Civil Code, relieving the Auction House of any related responsibility; therefore, neither the Auction House nor its staff may issue any valid guarantee to this effect.
In the event of the Bidders’ participation in the auction via telephone and/or via the Internet, the Bidders shall under no circumstances hold the Auction House liable in the event of any technical problems or other issues that may prevent their full participation in the auction (by way of example, in the event of interruptions in communication, line problems, unavailability of the Bidders for any reason) and shall assume all risks relating to the failure to win one or more Lots.

Applicable law and jurisdiction

These General Terms and Conditions of Sale are governed by Italian law.
Any dispute relating to their application, execution and interpretation shall be referred to the Court of Brescia. In the case of consumer Buyers, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale shall be referred to the local court of the residence or elected domicile of the consumer.

Privacy

Pursuant to Art. 13 of Leg. Decree 196/2003 (Personal Data Protection Code), Capitolium Art, in its capacity as Data Controller, shall use the data provided – by paper and electronic means – to complete the execution of the sales contracts it concludes, and to provide any other service relating to the corporate purpose of the Auction House. The provision of data is optional, but it is strictly necessary for the execution of the concluded contracts. Customers understand and accept that by registering for an auction, they allow Capitolium Art to send Catalogues for future auctions and other information material relating to its activity.

How to pay

Congratulations, you took part in the auction and won the lot!
View all the methods available to pay for your win.

 

Find out more

How to collect items

Once you have won a lot, you have 15 days to collect it.
Read all the useful information on collection and shipment procedures.

 

Find out more

© 2024 Capitolium Art | P.IVA 02986010987 | REA: BS-495370 | Capitale Sociale € 10.000 | Er. pubbliche 2020

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