In the event of non-payment within 10 days of the auction, Gelardini Aste may declare the sale resolved, canceling the award, or take legal action to recover the amount due. In the event of termination of the sale, the buyer will be required to pay Gelardini Aste a penalty equal to the lost commissions, due both by the principal and by the buyer. The delivery of the goods can only take place after the hammer price and the related auction fees have been fully paid.
CONDITIONS OF SALE
Participation in the auction implies the full and unconditional acceptance of the Conditions of Sale, which are set out below in this catalog and on our website. Buyers are advised to carefully read this section containing the terms of purchase of the lots offered for sale by Gelardini Aste.
Next to each description of the lots in the catalog is an indicative estimate for potential buyers. In any case, all lots, depending on the market interest, can reach prices both higher and lower than the estimated values indicated. The estimates printed in the auction catalog may be subject to revision and do not include the purchase commission and VAT.
The reserve price corresponds to the minimum confidential price agreed between Gelardini Aste and the seller, below which the lot will not be sold. Lots offered without reserve are indicated in the catalog with the wording O.L. (Offerta Libera - Free Offer) and are awarded to the highest bidder regardless of published estimates.
EXHIBITION BEFORE THE AUCTION
Each auction is preceded by an exhibition open to the public and free of charge, the times of which are indicated on the first pages of this catalog and on our website.
The exhibition aims to allow all buyers to carry out an appropriate examination of the lots offered for sale and to verify all the qualities, such as, for example, authenticity, state of conservation, material, origin, etc.
STATE OF CONSERVATION
Properties are sold in their current state "AS IS". Therefore, we advise potential buyers to check the state of conservation and the nature of the lots by viewing them before the sale takes place.
Upon request, Gelardini Aste will be happy to provide information reports on the state of conservation of the lots on sale. The descriptions in the catalogs represent only the opinion of our Experts and may be subject to any revisions, which will in any case be communicated to the public during the Auction.
PARTICIPATION IN THE AUCTION
Participation in the Auction can take place through presence in the room or through written bids and telephone bids that Gelardini Aste will be happy to carry out in the name and on behalf of potential buyers.
Please note that the service is free and therefore no type of responsibility can be charged to Gelardini Aste, which will not be liable for offers inadvertently not executed or for errors relating to their execution.
PARTICIPATION IN THE ROOM
For participation in the room, potential buyers must register and collect the appropriate participation number called "Numero di Paletta" by filling in the appropriate Auction Participation Form providing a valid identity document and tax code. All sold lots will be invoiced to the name and address issued at the time of assignment of the participation number and cannot be transferred to other names and addresses. If a potential buyer wishes to participate in the name and on behalf of third parties, he must inform the management of Gelardini Aste before the auction takes place.
WRITTEN OFFERS AND TELEPHONE OFFERS
For participation through written and telephone offers, potential buyers must fill in the appropriate Offer Form published in this catalog and on our website, delivering it to the Administration of Gelardini Aste or sending it by fax to +39 06 32 13 337 or by e-mail to the address firstname.lastname@example.org at least 5 (five) hours before the auction starts.
Bids must be in euros (€) and are net of auction fees and tax charges provided for by applicable laws.
The Written Offers will be executed on behalf of the bidder at the lowest possible price considering the reserve price and other offers. Written Offers made on unreserved lots (indicated in the catalog with the wording O.L.) in the absence of a higher offer will be awarded at approximately 50% of the minimum estimate or the amount corresponding to the offer, even if lower than 50% of the estimate minimal.
The Telephone Offers will be organized by Gelardini Aste within the limits of the availability of the lines and exclusively for lots with a minimum estimate of at least € 500. Telephone connections during the Auction may be recorded. Potential buyers connected by telephone consent to the recording of their conversations.
It is possible to participate in live auctions by visiting the "live auction" section of our website www.gelardiniaste.it and following all written instructions.
The hammer blow indicates the award of the lot, and at that moment the buyer assumes full responsibility for the lot. In addition to the hammer price, the buyer will have to pay Gelardini Aste the auction rights and tax charges provided for by the laws in force.
Buyers must pay for the lots within 10 working days from the auction date by:
COLLECTION OF LOTS
Buyers must collect the lots within 10 working days from the auction date. After this deadline, Gelardini Aste will no longer be required to take care of the custody of the lots nor will it be responsible for any damage that may be caused to the lots which could be transferred to a special warehouse. Gelardini Aste will charge the buyer the insurance and storage costs according to the table available to customers at the Gelardini Aste headquarters. Upon collection of the lot, the buyer must provide Gelardini Aste with an identity document. In the event that the buyer instructs a third person to collect the lots already paid for, the latter must be in possession of a written authorization issued by the buyer and a photocopy of the buyer's identity document. The lots will be delivered to the buyer or to the delegated person only after payment has been made. In case of delayed collection of the purchased lots, the auction house reserves the right to charge the storage costs (per month or fraction of a month), listed below as an indication:
€ 100 + VAT for furniture,
€ 50 + VAT for paintings,
€ 25 + VAT for art objects.
SHIPPING OF LOTS
The staff of Gelardini Aste will be able to organize the packaging and shipping of the purchased lots following the instructions communicated in writing by the buyers and after they have made full payment.
Packaging and shipping will take place at the risk and expense of the buyer, who will have to indemnify Gelardini Aste in writing from any liability in this regard.
Our staff is also available for evaluations and advice relating to all methods of shipment and insurance of the lots.
EXPORT OF PURCHASED LOTS
The Legislative Decree n. 42 of January 22, 2004 regulates the export of Cultural Heritage outside the territory of the Italian Republic. The EEC Regulation n. 3911/92 of December 9, 1992, as amended by EEC Regulation no. 2469/96 of December 26, 1996 and by EEC Regulation no. 974/01 of May 14, 2001, on the other hand, regulates the export of Cultural Heritage outside the European Union. To export cultural assets over 50 years of age outside Italy, an Export License, which the buyer is required to obtain personally, is required. Gelardini Aste is not responsible for such permits, nor can it guarantee their release. Gelardini Aste, at the request of the buyer, can fill in the paperwork relating to the granting of export licenses according to the following rates:
- € 250.00 + VAT for a single lot or for the first of a file
- € 100.00 + VAT for the other lots that are part of the same file
The refund includes the compilation of the paperwork, the revenue stamps and the printing of the color photographs. Failure to grant the aforementioned authorizations cannot justify the cancellation of the purchase or non-payment, unless otherwise agreed before the Auction with Gelardini Aste. With reference to the rules contained in art. 8, paragraph 1, letter B, of Presidential Decree 633/72, we inform the kind buyers that, in the event that they want to transport the goods outside the EU and obtain VAT reimbursement, it is necessary to comply with the following procedures:
- Complete customs paperwork and transport outside the EU within 3 months from the invoice date.
- Send the original customs bill or equivalent document directly to Gelardini Aste within the same term.
With Legislative Decree n. 118 of 13/2/2006, the “Resale Right"(Droit de Suite) has been in force in Italy since April 9, 2006. The Resale Right is the right of the author (living or deceased for less than 70 years) of works of figurative arts and manuscripts to receive a percentage of the selling price of the originals of his works on the occasion of subsequent sales to the first. This right will be borne by the Seller and will be calculated on the hammer price equal to or greater than € 3,000.00. In any case, this right cannot exceed € 12,500.00 for each lot.
The amount of the right to be paid is determined as follows:
- 4% for the part of the sale price up to € 50,000.00
- 3% for the part of the sale price between € 50,000.01 and € 200,000.00
- 1% for the part of the sale price between € 200,000.01 and € 350,000.00
- 0.50% for the part of the sale price between € 350,000.01 and € 500,000.00
- 0.25% for the part of the sale price over € 500,000.01
The resale right charged to the Seller will be paid by Gelardini Aste to the SIAE on the basis of what is established by law.
All lots containing electrical components are offered for sale as non-functional and to be completely overhauled. Gelardini Aste releases itself from any liability towards anyone for improper use of the lots sold or for non-compliance with the warnings. We remind you of the need, before using the lots, to have expert and trusted personnel check the correct operation of all electrical parts by the buyer. The wording "...years..." or the date shown in the lot description indicates the start period of production of the lot in question, unless otherwise specified. The descriptive images in the catalog and on the site may not faithfully represent the lots offered at auction. Gelardini Aste always recommends direct viewing of the works before placing bids. If it is not possible to view the lots in person, a condition report can be requested to receive additional, detailed images of the objects. The purchaser expressly authorizes M. & C. Gelardini Arte S. r. l. to the free use of the photographs depicting the lots object of the auction for any purpose, none excluded and/or excepted including, by way of example but not limited to, advertising, dissemination via the Internet and/or any other means, publication in magazines and/or publications both edited by themselves and by third parties.
For information, you can contact us by phone at the numbers +39 06 32 12 445 or +39 335 60 51 305 or by sending an e-mail to our address email@example.com or by fax at the number + 39 06 32 13 337.
The statements regarding the author, the attribution, the origin, the period, the provenance and the conditions of the lots in the catalog are to be considered as a personal opinion of the experts and scholars possibly consulted and not a fact.
Artist name: the work, in our opinion, is the work of the artist.
Attributed to (artist name): the work, in our opinion, is probably the work of the artist, but there is no certainty.
Workshop of (artist name): the work, in our opinion, is by an unknown painter from the artist's workshop, who may or may not have made it under the artist's supervision.
Circle of (artist name): the work, in our opinion, is by an unknown but distinguishable painter, linked to the aforementioned artist, but not necessarily by a student relationship.
Style of/follower of (artist name): the work, in our opinion, is by a painter, contemporary or almost contemporary to the artist, who works in the style of the artist, without necessarily being linked to him by a student relationship.
Manner of (artist name): the work, in our opinion, was done in the style of the artist, but at a later time.
From (artist name): the work, in our opinion, is a copy of one of the artist's paintings.
Of ... line: the work, in our opinion, is in the style mentioned, but from a later period.
Signed-dated-inscribed: in our opinion, the signature and/or date and/or inscription are by the artist's hand.
Bearing signature-date-inscription: in our opinion, the signature and/or date and/or inscription have been added.
Dimensions: the dimensions refer first to the height and then to the width of the paintings, are expressed in centimeters and don't take the frame into account.
Ancient elements: the objects in question were subsequently assembled using elements or materials from previous eras.
Additions and/or replacements: wording reported only in cases where, in our opinion, interventions are to be considered far above the average, and such as to at least partially compromise the integrity of the lot.
Restorations: the goods sold at auction, as they are antique or otherwise used, are in almost all cases subject to restoration.
Century: dating with purely indicative value, which may include margins of approximation