AUCTION HOUSE

GENERAL CONDITIONS OF SALE

  • ART. 1
    The goods can be sold individually or in lots at the sole discretion of M. & C. Gelardini Arte S.r.l. (hereinafter Gelardini Aste or Auction House). The Auctions will be held in premises open to the public by Gelardini Aste, which acts solely as an agent in the name and in the interest of each seller pursuant to Art. 1704 of the Civil Code. The name of each seller is transcribed in all the Public Safety registers as required by the laws in force. The effects of the sale are perfected directly on the Seller and the Buyer. Gelardini Aste assumes no responsibility towards the contractor, the seller or any other third party in general.

  • ART. 2
    The goods are sold/awarded to the highest bidder and "in cash". In the event of disputes between several successful bidders, the Auctioneer, at his sole discretion, will re-sell the disputed asset in the same auction session, based on the last bid received. In the event of no new award, the Auctioneer, at his sole discretion, will communicate who is to be awarded the asset. Any transfer of the awarded lots to third parties will not be opposable to Gelardini Aste, which will consider the successful bidder as the sole responsible for payment. Participation in the auction, in the name and on behalf of third parties, must be notified in advance to the Auction House

  • ART. 3
    Gelardini Aste reserves the right to withdraw any lot from the auction. The auctioneer conducts the auction starting with the offer he deems most appropriate, depending on both the value of the lot presented and the competing offers. The auctioneer may make consecutive bids or in response to other bids, until the reserve price is reached. The Auctioneer, during the auction, has the right to combine and/or separate the lots and to vary the sales order. The auctioneer may, at his sole discretion, withdraw lots that do not reach the reserve price agreed between Gelardini Aste and the seller.

  • ART. 4
    In addition to the hammer price, the successful bidder agrees to pay Gelardini Aste, for each lot, a purchase commission, including VAT, equal to:
    26% of the hammer price, up to € 400,000.
    22% for the portion of the price that exceeds € 400.001.

  • ART. 5
    In order to improve the Auction procedures, all potential Buyers are required to register before the auction starts by presenting a valid identity document and the tax code for the assignment of an identification number (called “Number of Paddle”) for taking part in the Auction. Written offers are valid if they reach the Auction House at least 5 hours before the start of the Auction. In the event that the Auction House receives several written bids of the same amount for an identical lot and they are the highest resulting at the Auction for that lot, the latter will be awarded to the person whose bid was first received by the Auction House. Telephone participation requests will be considered valid as long as they are confirmed in writing by fax or e-mail 5 hours before the start of the auction and Gelardini Aste does not assume, for any reason, any responsibility towards the applicant for failure to carry out the connection. In the event of identical offers, the oral offer in the Hall will prevail over the written or telephone offer. Gelardini Aste reserves the right to refuse, at its sole discretion, offers from unknown and/or not appreciated buyers. For lots in auction, the identity of the seller and/or the previous owners cannot be disclosed for reasons of confidentiality.

  • ART. 6 
  • The customer acknowledges and accepts, pursuant to and for the purposes of the art. 22 Legislative Decree n. 231/2007 (Anty-Money Laudering Decree), to provide all the necessary and updated information to allow Gelardini Aste to fulfill its customer due diligence obligations. It is understood of the purchase is subject to the Customer providing the information requested by Gelardini Aste for the fulfillment of the aforementioned obligations. Pursuant to art. 42 Legislative Decree no. 231/07, Gelardini aste reserves the right to abstain and not conclude the operation in the event of objective impossibility of carrying out adequate customer verification.
  • ART. 7
    Gelardini Aste acts exclusively as an agent of the sellers, declining all responsibility for the description of the objects contained in catalogs and any other illustrative publication. All lot descriptions must be considered purely illustrative and indicative, and may be revised at any time before the lot is put up for sale. The auction will be preceded by an exhibition of the lots in order to have aspiring buyers, possibly assisted by a trusted expert, examine the authenticity, attribution, state of conservation, origin, type and the quality of the objects and request any clarification in regard of errors or inaccuracies present in the catalog. If it is impossible to view the lots directly, it is possible to request a "Condition report". The lack of explicit references regarding the condition of the lot does not imply that the good is without imperfections. Each lot is sold "AS IS". After the award, no disputes are allowed, and neither Gelardini Aste nor the seller can be held responsible for defects relating to the information concerning the lots in auction. The lots put up for auction are sold in the state in which they are found at the time of display, with any related defects and imperfections, such as breakages, restorations, missing parts or replacements. These characteristics, even if not expressly indicated in the catalog, cannot be considered decisive for disputes regarding the sale. Antiques, by their very nature, may have been the subject of restorations or subjected to changes of various kinds: interventions of this type can never be considered hidden defects or counterfeiting. Goods of an electrical or mechanical nature are not verified before sale and are purchased by the buyer at his own risk. The movements of the watches are to be considered not overhauled. All indications on the carat weight and weight of metals or precious stones, as well as on the relative brands, are purely indicative. Gelardini Aste and its employees and/or collaborators will not issue any guarantee of authenticity and/or anything else. Gelardini Aste cannot be held responsible for errors and omissions relating to the descriptions of the lots contained in the catalogs and in any other illustrative material, nor in the event of counterfeiting, as no guarantee is provided on the lots in auction. The illustrations of the lots presented in catalogs or on screens or other illustrative material have the sole purpose of identifying the lot and cannot be considered precise representations of the state of conservation of the object.

  • ART. 8
    The goods offered for sale are to be considered used goods/antiques and as such not subject to the Consumer Code, according to the provision of Article 3, lett. E) of Legislative Decree No. 206/2005.

  • ART. 9
    It should be noted that the right of withdrawal is not applicable to purchases made at Gelardini Aste as it is a contract concluded on the occasion of an auction sale.

  • ART. 10
    The total payment of the hammer price and auction rights can be immediately demanded by Gelardini Aste; in any case, it must be made by, and no later than, 12:00 on the day following the sale. Lots purchased and paid for must be immediately collected, in any case, no later than 10 working days from the date of actual payment in favor of Gelardini Aste. Otherwise, all custody rights will be in favor of Gelardini Aste, which will be exonerated from any liability in relation to custody and any deterioration of the objects.
    Storage costs (per month or fraction of a month) are listed below as an indication:
    € 100.00 + VAT for furniture,
    € 50.00 + VAT for paintings,
    € 25.00 + VAT for art objects.

    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.

  • ART. 11
    Buyers are required to comply with all laws and regulations in force relating to objects subject to notification, with particular reference to Legislative Decree n. 42/2004. The export of objects is governed by the aforementioned legislation and by the customs and tax laws in force. Gelardini Aste disclaims any responsibility towards buyers with regard to any restrictions on the export of the lots awarded. In the event of the exercise of the right of pre-emption by the State, the successful bidder will not be able to claim any reimbursement or compensation from Gelardini Aste or the Seller, but only reimbursement of the sums already paid. The rights accrued in relation to an award then canceled due to the denied export authorization of the lot, due to contrast between the different Superintendencies, are in any case due by the principal to Gelardini Aste, if such failure to permit derives from the non-communication from the principal to Gelardini Aste of the existence of an export authorization issued by the competent body at the request of the principal.

  • ART. 12
    The Legislative Decree n. 42 of January 22, 2004 governs the export of Cultural Heritage outside the territory of the Italian Republic, while exporting outside the European Community is also subject to the discipline provided for by EEC Regulation no. 116/2009 of December 18, 2008. Gelardini Aste is not responsible for the issue of the relative permits envisaged nor can it guarantee their release. Failure to grant the aforementioned authorizations cannot justify the cancellation of the purchase or non-payment. Please note that archaeological finds of Italian origin cannot be exported.

  • ART. 13
    For every lot containing materials belonging to protected species such as, for example, coral, ivory, turtle, crocodile, whale bones, rhino horns, etc., a CITES export license issued by the Ministry of the Environment and the Protection of Territory is required. Potential buyers are advised to inquire about the laws governing such imports in the country of destination

  • ART. 14
    The Resale right will be charged to the seller pursuant to Art. 152 of Law no. 633 of 22.04.1941, as a substitute for Art. 10 of Legislative Decree 13.02.2006 no. 118.

  • ART. 15
    In the event of disputes that prove to be well founded and are accepted by Gelardini Aste following the sale of artfully falsified items, the Auction House may, at its discretion, declare the sale null and void. The buyer may use this article only and exclusively if he has notified Gelardini Aste, pursuant to articles 137 and ss. CPC, of the dispute with the relevant evidence within 15 days of the award. In any case, following an accepted complaint, the successful bidder will be entitled to receive only the amount paid for the contested award, without adding interest or any other sum for any other reason.

  • ART. 16
    These Conditions of Sale are automatically accepted upon signing the registration form for participation in the auction referred to in Art. 5 and in any case by all those who participate in the auction, and are available to anyone who requests them. For any possible dispute and controversy, the Court of Rome is exclusively competent, after attempting to conciliate the chamber pursuant to the MAP Decree dated 02/03/2006.

  • ART. 17
    Privacy Law Legislative Decree 196/03 and subsequent amendments and additions /G.D.P.R.2016/679). The data controller is M. & C. Gelardini Arte S.r.l. based in Via San Tommaso d'Aquino, 85 - Rome. The customer may exercise the rights referred to in Legislative Decree 196/03 (access, correction, cancellation, opposition to processing, etc.), by contacting M. & C. Gelardini Arte S.r.l. CONFIDENTIALITY GUARANTEE pursuant to art. 25 of the Legislative Decree 196/03, the data are processed in an automated form for the sole purpose of providing the service in question or other service inherent to the corporate purpose of the company, in the manner strictly necessary for the purpose. The provision of data is optional: failing this, however, M. & C. Gelardini Arte S.r.l. will not be able to carry out the service. The data will not be disclosed. Participation in the auction allows M. & C. Gelardini Arte S.r.l. to send subsequent catalogs of other auctions and other information material relating to the activity of the same.

  • ART. 18
    The lots marked with (*) are subject to the resale right.

  • ART. 19
    Lots marked with (* *) are understood to be accompanied by a certificate of free circulation or a certificate of shipment or import.



IMPORTANT INFORMATION FOR BUYERS

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.

ESTIMATES
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.

RESERVE
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 e-mail to the address offerte@gelardiniaste.it 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.

LIVE AUCTION
It is possible to participate in live auctions by visiting our website www.gelardiniaste.it and following all written instructions in the "live auction" section.


AWARDS
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.


PAYMENT
Buyers must pay for the lots within and no further 10 working days from the auction date by:

    1. Cash for an amount lower than € 5,000.00
    2. Italian cashier's check made out to M. & C. Gelardini Arte S. r. l., subject to prior verification with the issuing institution
    3. Bank transfer to:

      BANCO DESIO

       0042 – ROMA – VIA CICERONE, 40 - ITALIA IT

       IBAN: IT59Z0344003219000006001400

       BIC BDBDIT22XXX

       BANK ACCOUNT OF: M. & C. GELARDINI ARTE s.r.l.

    4. Debit cards
    5. Credit Cards
      - Visa
      - MasterCard
      - American Express.


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.


RESALE RIGHT
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.

                                                

WARNING
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, + 39 06 32 13 337 or +39 335 60 51 305 or by sending an e-mail to our address info@gelardiniaste.it.


TERMINOLOGY
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