Auction House

  1. SALE
    Libreria Antiquaria Gonnelli S.r.l., with headquarters in Florence , in via Fra' Giovanni Angelico n. 49, p. IVA e C.F. 00520660481 (“Casa d’Aste”), trademark holder «Gonnelli Casa d’Aste», acts as exclusive agent for the sale of many goods (“Lots”), by private negotiation, on behalf of each Lot owner  (“Seller”).

    The sale of the Lots must be considered intervened directly between the Seller and he, among the subjects, who has submitted offers for the purchase of one or more Lots (“Bidders ”), and has submitted the best offer for the purchase of each of the Lots and is declared the successful bidder (“Purchaser ”); it follows that the Auction House does not assume any responsibility towards the Bidders and / or the Buyer. 

  2. VARIATIONS AND RESERVE PRICE
    The Auction House reserves the right to withdraw one or more Lots from the auction, at its absolute and unquestionable discretion and without any prior notice; in this case the Lots will however be considered not awarded by the Bidders.

    During the auction the auctioneer of the Auction House ("Auctioneer"), at his absolute and unquestionable discretion, can decide the price based on auction of the Lots, change the order of sale of the Lots, match and / or separate Lots, and formulate raises.

    The Auction House may not proceed with the awarding and / or withdrawing from the auction the Lots for which the best offer among those of the Bidders has not reached the minimum reserve price agreed with the Seller ("Reserve Price"); in this case the Lots will however be considered not awarded by the Bidders. 

  3. OFFERS AND PRICE
    Each of the Bidders, with the formulation of their purchase offer of the Lots, in the case of acceptance and adjudication, undertakes to purchase the Lots and to pay the sum to the Auction House for each of the Lots awarded ("Total Price") In total equal to the sum of the amount offered for the purchase of the Lots awarded, in addition to the rights referred to in § 5 below, in addition to any expenses referred to in § 6, lett. (b), in addition to the additional expenses specified therein and any legal charges. Written offers (even via internet) will only be valid if they are complete in their entirety and received by the Auction House at least 24 hours before the auction starts.

    The telephone participations will be valid only if confirmed in writing at least 24 hours before the start of the auction . Except in the case of disputes, in any case the sale of the Lots will be considered concluded only after the full payment of the Total Price in favor of the Auction House.

  4. ADJUDICATION
    Lots will be awarded and sold to the best bidder at the most convenient price permitted by other offers on the same Lots and registered reserves; in the case of offers of the same amount, the one received first will prevail (except as provided in § 8). The Bidders declare to have examined and taken full view of the Lots and to unconditionally accept the possible award, even regardless of the description of the Lots in the auction catalogue.

    For the purposes of the awarding of the Lots, the minimum bids of the offers will be communicated by the Auctioneer. The Auctioneer awards the Lots and declares the Purchaser of each of the Lots at the conclusion of the relevant auction and on the basis of the purchase offers received.

    If during the course of the auction any dispute arises over the identification of the Buyer, the Auctioneer may, at its absolute and unquestionable discretion, return the Lots to the auction and proceed for a new award, or reconsider the bid from the previous offer.

  5. AUCTION RIGHTS
    The Winner, for each of the Lots awarded, is obliged to pay the Auction House the commission for the auction rights ("Rights") to be determined:
    a) in the percentage of 26% of the hammer price Lots awarded up to € 100,000.00;
    b) in the percentage of 22% on the amount exceeding € 100,000.00 of the hammer price. 

  6. PAYMENTS
    The Total Price must be paid by the Purchaser to the Auction House within the essential deadline of n. 7 (seven) days after the auction (in case of delay the provisions of the following § 11) will be applied, in Euro and in a single solution, using the following methods:
    (a) in cash, up to the total amount of € 2,000.00, or the different amount required by law ;(b) by credit cards (circuits accepted by the Auction House);(c) by bank transfer to the account indicated by the same, or bank or non-bankable bank drafts, payable to Libreria Antiquaria Gonnelli S.r.l. (except for the good outcome of the credit):IBAN: IT 81 Y 03268 02800 052886559670 - SWIFT: SELBIT2B

    The Auction House will only be responsible for paying the Awardee, subject to any prior written notice by the Bidder to participate in the name and on behalf of third parties.Only as a result of the full payment of the Total Price the ownership and possession of the Lots will pass to the Purchaser, except as provided in § 14.

  7. DATA
    For the purposes of participation in the auction, the Bidders must first fill out and sign a participation form (the offer form), in which, in addition to the amount offered for the purchase of one or more Lots, the related personal data and bank references are also indicated. This data is processed in compliance with the current legislation on the protection of the privacy of personal data (so-called Privacy), as per the specific information released by the Auction House. The Auction House reserves the right to refuse offers from persons not previously registered and / or identified, or who have not submitted adequate bank references. In the event of an award, the data indicated in the offer form will be shown in the invoice header and cannot be changed. With the signing of the same offer form, moreover, the Bidders are obliged to accept fully and unconditionally the present conditions of sale.

  8. COMPETITION
    The Auction House may make offers on its own right and / or accept mandates for the purchase of certain lots by its customers; in this case, the Auctioneer will make bids and / or bids in the auction, based on the instructions received. In the case of offers of the same amount, the offer communicated by the Auctioneer on that of the Offeror in the meeting will prevail.

  9. RESPONSIBILITY
    The Auction House acts as agent with representing the seller, and is exempt from any responsibility regarding the quotation and description of the Lots in the catalogues, in the brochures and in other illustrative material; such description, whether other indications or illustrations, must be considered purely indicative and not binding, and cannot be exchanged of any kind in the Bidders and in the Purchaser. The Auction House does not issue any guarantee (direct or indirect) about the state, attribution, authenticity, origin of the Lots, whose sole guarantor and responsible remains exclusively the Seller, also towards the Bidders and the Buyer. As a result, the Bidders and the Buyer expressly exonerate the Auction House from any responsibility regarding the state, attribution, authenticity, origin of the Lots. Notwithstanding the foregoing, the descriptions in the catalogue can be integrated at the request of the customers through the delivery of written reports (so-called condition reports). All auctions are preceded by the exhibition of the Lots, in order to allow a careful and in-depth examination about the authenticity, the state of conservation, the origin, the type and the quality of the same, on which only the Bidders and the Purchaser assume every risk and responsibility, also as regards the effects of the art. 1488, c. 2, of the Italian Civil Code. After the awarding, neither the auction house nor the sellers will be held responsible for any defects in the Lots, concerning, inter alia, the state of conservation, incorrect attribution, authenticity, provenance, weight or lack quality of Lots. To this end, the Bidders and the Purchaser expressly waive the guarantee pursuant to the art. 1490 of the Italian Civil Code, releasing the Auction House from any related liability; for the effect, neither the auction house nor its staff can issue any valid guarantee in this regard. In the event of an auction or internet auction by the Bidders, the latter shall exempt the Auction House from any responsibility in case of any technical or other problems that may not allow their full participation in the auction (for example, in the event of communication interruptions, line problems, unavailability– for any reason – of the Bidders) and assume any risk regarding the possible failure to award one or more Lots.

  10. ESTIMATES
    The estimates relating to the base price of each Lotto, expressed in Euro, are indicated under the Lotto description in the auction catalogue and do not include the commissions and other charges owed by the Purchaser under these terms of sale. These estimates may be subject to revision at any time, therefore the Lots may be offered at a starting price different from the one indicated in the catalogue. Also the descriptions of the Lots in the catalogue may be subject to revisions, which will eventually be communicated during the auction. In any case, estimates and descriptions cannot generate any kind of credit in the Bidders and in the Purchaser.

  11. DELAYS
    In the event that the Purchaser fails to pay the Total Price within the essential deadline of n. 7 (seven) days from the award, the Auction House will be able to resolve the awarding and / or sale of the corresponding Lots, pursuant to and for the purposes of the art. 1456 of the Italian Civil Code. In this case, the Auction House will still be entitled to payment by the Purchaser, as a penalty, amounting to 25% of the Total Price, except for any greater damage, and may, in any case, retain any advance payments made by the Buyer. Notwithstanding the foregoing, the Lots awarded by the Purchaser and not yet withdrawn, up to and including termination, over the aforementioned term, will be kept by the Auction House (in its warehouses or third parties: see § 12), at the Purchaser's risk and expense, until the latter provides full payment of the amount due to the Auction House and the withdrawal of the Lots.

  12. WITHDRAWAL 
    Unless otherwise agreed upon between the parties, the Purchaser, after having paid the Total Price, will have to withdraw the Lots awarded at his own expense, risk and expense, starting from the day following the proforma invoice's delivery (a term that will remain suspended, in cases under the auspices of the Legislative Decree No. 42/2004, Code of Cultural Heritage, for the duration of the law regarding pre-emption) as would apply.

    Once the term has expired without notice, the Auction House will be exonerated from any responsibility in case of damages or thefts (total or partial) of the Lots, which occurred after the aforementioned term, renouncing the Buyer from now to any right or action towards the Auction House; furthermore, the Auction House will be able to provide, at its own unquestionable choice and at the Buyer's expense, the deposit of the lots awarded at its own stores (in this case the additional amount of Euro 10 per day, per lot will be due from the Buyer to the Auction House) or third parties, or the shipment to the Purchaser of the Lots not withdrawn, in any case with direct charge to the Purchaser of any cost and expense, and except for any compensation for the greater damage.

    In case of shipment to the Purchaser, the parties will agree on the modalities of the shipment, it being understood that all charges, risks and costs will be borne by the Purchaser, with explicit exclusion of responsibility for the Auction House. In the case of purchases exceeding € 10.000 and for particularly bulky and/or fragile lots (e.g. paintings, frames, drawings, etc.)  the Auction House will be happy to recommend specialized shippers and provide you with adequate assistance.

  13. DECLARATION OF CULTURAL INTEREST, PRELATION AND EXPORT
    The Buyers will be held, among other things, for the objects of the Lots submitted for the process of declaration of cultural interest (c.d. notification) ex art. 13 and ss. of the Italian D.Lgs. n. 42/2004 to comply with all the provisions of the Italian Code of Cultural Heritage and any other applicable law, customs, currency and tax matters. It is the Buyer's sole responsibility to verify any restrictions on the export of the Batches awarded or any licenses or certificates required by law (issued or to be issued), with express exemption from any obligation and / or liability of the Auction House. In the event of exercising the right of pre-emption pursuant to arts. 60 and following, Italian D.Lgs. n. 42/2004, or of compulsory purchase pursuant to art. 70 of the same Law, the Purchaser cannot claim anything, for any reason, from the Auction House and / or the Seller, if not the only restitution of any amounts already paid as a result of the adjudication of the Lots.Lots possibly marked with the symbol (TI) are under temporary importation on Italian territory by a foreign Seller.

    The Lots may have already been the subject of a declaration of cultural interest by the Ministry of Cultural Heritage and Activities and Tourism pursuant to article 13 of the Code of Cultural Heritage. In this case - or in the case that in relation to the Lots the procedure for the declaration of cultural interest has been initiated pursuant to article 14 of the Urbani Code - the Auction House will communicate this in the catalogue and / or through an announcement by the auctioneer before the Lots in question are offered for sale. In the case that the Lots have been the subject of a declaration of cultural interest prior to the award, the Seller will report the sale to the competent Ministry pursuant to article 59 Code of Cultural Heritage. The sale of the Lots will be subject to suspension on the non-exercise by the competent Ministry of the right of pre-emption within the legal term (sixty days from the date of receipt of the complaint, or in the greater than one hundred and eighty days referred to in article 61 paragraph II of the Code of Cultural Heritage). Pending the deadline for exercising the pre-emption, the Lots cannot be delivered to the Buyer in accordance with the provisions of article 61 of the Code of Cultural Heritage. In any case, it is understood that any declaration of cultural interest (or even just the start of the related procedure) that occurs after the award cannot invalidate or invalidate the award, nor the obligation to pay the Total Price and in general the buying and selling of Lots.

    The shipment of the Lots abroad is subject to obtaining a document necessary for the export certificate of free circulation or a declaration of value (so-called DVAL), based on the Code of Cultural Heritage and subsequent provisions, where applicable. Obtaining the necessary documents for the export of the Lots is the sole responsibility of the Buyer;

    The Auction House may, at the request of the Purchaser and upon payment of the purchase invoice, proceed with the request for the licenses or the presentation of the declaration of value upon payment of a fee of Euro 50.00 for each of the Lots subject of the complaint.

    If the Buyer does not want to entrust the management of the export file to the Auction House, he can contact a forwarder of his courier, after signing a Manleva and waiving any liability in favor of the Auction House. In any case, the Auction House will not be held responsible for any sort of problem concerning the export procedure, including the delay or refusal of obtaining the necessary documentation for the export of the Lots, whose timing and assessments depend exclusively by the competent Export Office.

  14. DISPUTES
    The Buyer expressly exonerates the Auction House and the seller from any responsibility for the authenticity, defects and characteristics of the Lots and renounces to make any claim, for any reason, against the Auction House. Any complaints by the Buyer about the counterfeiting or falsification or attribution or other non-manifest substantial defects of the Lots awarded (or parts thereof), will be received by the Auction House which will inform the Seller within the essential deadline of number 10 (ten) days from the award date. Exceptionally, only where there are disputes clearly and documentally founded and received within the essential term of number 10 (ten) days from the ascertained and documented award date, the Auction House may, at its sole discretion and without prejudice to the following, cancel the sale of the Lots in question and return the sums paid by the latter to the Buyer, the return of the Lots in the same state as the award date. In any case, in the presence of disputes by the Buyer, the Auction House will in any case inform the Seller. The right of the Auction House to withhold any amounts paid in the meantime by the Buyer, for whatever reason, before the dispute remains firm and unaffected; these amounts may possibly be the subject of a Buyer's compensation claim against the Seller.

  15. AUCTIONS OF BOOKS AND / OR GRAPHICS
    Regarding the lots containing books and / or manuscripts and / or prints or other paper goods, any objection relating to: damage to the binding, and / or stains, and / or worm holes, and / or papers or boards are excluded trimmed and / or any other defect that does not damage the completeness of the text and / or of the illustrative apparatus; as well as the lack of table indexes, and / or blank sheets, and / or insertions, and / or supplements and appendices subsequent to the publication of the work; are also excluded from any disputes relating to Lots containing books not described in the catalogue.

    As for the Lots sold in the auctions of paintings, paintings, prints and the like, any objection relating to the frames is excluded, where the same are presented as merely being part of a painting and therefore have no independent value. In these cases, every risk and danger in this regard is exclusively borne by the Purchaser.

  16. THIRD PARTIES
    In the event that the Auction House becomes aware of any claim or right of third parties concerning the ownership, possession or possession of one or more Lots, the latter may, at its sole discretion, withdraw such Lots from sale and / or retaining these Lots in custody, pending the necessary checks and / or the composition of any potential litigation.

  17. ACCEPTANCE AND FORUM
    These terms and conditions are fully accepted, without any reservation, by the Bidders, by the Buyer and by all those who compete in the auction (also by telephone or internet). In case of translation of the conditions of sale in another language, the terms and conditions in the Italian text will prevail and remain valid and binding.The present conditions are governed by Italian law; all disputes in any case deriving from the same will be referred exclusively to the jurisdiction of the Court of Florence.

  18. ANTY-MONEY LAUNDERING INFORMATION
    The customer acnowledges and accepts, pursuant to and by effect of art. 22 Legislative Decree no. 231/2007 ( Anty-MOney Laundering Decree), to provide all the necessary and update information to allow Gonnelli to fulfill the customer due diligence obligations. It is understood that the completion of the purchase is subject to the release by the Customer of the information requested by Gonnelli for the fulfillment of the aforementioned obligations