Conditions of sale

1. It is possible to participate in the auction by telephone, via the internet or with written bids after completing and signing the required form at least 1 day before the start of the auction. These services are free of charge.
   Artesegno Sas (hereinafter referred to as Artesegno Auction House) does not accept liability for inadvertently failing to execute any bids or for errors or omissions in connection with their execution, for illegible, incorrect or late bids, or for any problems or technical malfunction of telephone lines or the internet.
   If a prospective buyer wishes to bid in person in the saleroom, he/she must first register by completing and signing the registration form before or even during the auction and produce a valid Identity Document and his/her TIN (Tax Identification Number) card. Upon registration, the prospective buyer will be issued a numbered paddle to be used for bidding.
   If the buyer is acting on behalf of a third party, he/she will need to present a signed letter of authorization from that person/entity. The lots will be invoiced to the name and address provided during the registration.
   Artesegno Auction House is entitled, at its complete discretion, to refuse admission to the auction to anyone deemed not acceptable and remove from its premises whoever causes disturbance or impedes the proper conduction of the auction.
   In case of identical bids, priority will be given to the client whose bid was received first.
   Written bids:
   To place written bids it is necessary to complete and sign the required participation form and send it to Artesegno Auction House by mail or fax. Written bids will be executed on behalf of the bidder at the lowest possible price taking into account the reserve price and the other bids made during the auction.
   Telephone bids:
   Prospective buyers who want to bid by telephone must register using the required form at least 1 day before the auction and communicate the maximum bid they are willing to make by fax or in writing, if there are problems with the telephone connection. Telephone bids may be recorded and must immediately be confirmed by fax.
   Online bids:
   In order to bid online, You are required to register on the www.artesegno.com website before the date fixed for the auction. Your registration will be completed only after you send a photocopy of an Identity Document and of your TIN card by email, mail or fax.
   Once your registration is completed and after the necessary checks, You will receive an email confirming your registration. After that you can take part in the auction using the link on the www.artesegno.com site.
2. The lots up for auction will be sold in a saleroom reserved for people who have registered with the Client Service office of Artesegno Auction House, which acts as agent in the name of and on behalf of each Seller under a sale mandate entered in the register of Public Safety in accordance with the provisions of the laws in force.
   Each lot is sold “as is”. Lots are viewable in the days before the auction to allow prospective buyers to inspect their state of preservation.
   The opinions which, upon request, will be given on a lot by the staff or directors of Artesegno Auction House are to be considered mere opinions which do not bind Artesegno Auction House in any way.
3. A starting price is assigned to each lot up for auction. The starting price corresponds to the minimum price below which the lot will not be sold. All amounts are in Euros. The starting prices and descriptions of the lots printed in the catalogue may be amended by oral announcements made during the auction.
   Artesegno Auction House does not assure the availability of all lots remained unsold at one or more auctions and viewable in the post-auction sale. Therefore, if a client wishes to buy lots offered in the post-auction sale, he/she should first contact Artesegno Auction House and enquire whether they are still available. Should lots sold to a client in the post- auction sale not be available, Artesegno Auction House will cancel the bid and inform the client.
4. Items are knocked down to the highest bidder (buyer). If disputes arise between two or more highest bidders, the Auctioneer, at his absolute discretion, will re-offer and re-sell the item in dispute and determine the new successful bidder. When placing his/her bid, the bidder undertakes to pay the hammer price plus the buyer’s premium, as well as any other applicable taxes and charges.
5. During the auction, the Auctioneer is entitled to change the order of the sale or combine two or more lots. If there are no bids for a lot, the Auctioneer will withdraw it. Every time a new lot comes up for sale, the Auctioneer will call out its starting price which he will update with any new bids (received in written form, by phone or internet) and with the amount of each bidding increment. The fall of the Auctioneer’s hammer marks the sale of the lot and thereupon the Buyer accepts full liability for the lot. The results of the sale will be posted online after the auction.
6. For each purchased lot the buyer shall pay Artesegno Auction House a buyer’s premium equal to 24% of the hammer price plus any other applicable taxes and charges. A good consigned for sale by a private person, not liable to VAT, is subject to the Margin Scheme (article 40bis of the Italian Legislative Decree 41/95. Law No. 342 of 21 November 2000). VAT is already included in the buyer’s premium and in all the other expenses charged to the Buyer.
7. The Buyer must pay Artesegno Auction House, in Euros, immediately after the conclusion of the auction or no later than 3 working days from the date of the same, by one of the following methods: 1.Cash up to 4.999,99 €, in this case the lots can be collected at the end of the auction; 2.Wire transfer- payment in advance- directed to: Artesegno sas- Unicredit Banca Via Cividale 18 Udine: IT 27 H02008 12311 000040928672.
   The Buyer will be allowed to collect the purchased lot only after Artesegno Auction House has received payment in full and cleared funds.
   In the fault of payment by the date agreed upon, Artesegno Auction House, at its absolute discretion, will be entitled to:
   a) proceed to the enforcement of the obligation to purchase and, in general, to take any action deemed fit to collect the sums owed by the Buyer,
   b) sell the lot by private sale or in the following auction.
   The lot will remain at Artesegno Auction House, at the Buyer’s risk and expense, until it is sold as stated above or returned to the Seller upon his/her request.
8. After paying the amount due, the Buyer shall collect the purchased lot at his/her own care, risk and expense within 7 days from the date of the sale in one of the following ways:
   a) personally from the premises of the Artesegno Auction House or
   b) through a third party or shipper, in this case the Buyer must send a duly completed and signed letter of authorization by mail or fax.
   The packing of a lot costs 20,00 €; this price varies in relation to the size of the package and will be agreed upon with the Buyer in advance.
   If purchased and paid lots are not collected by the Buyer within 7 days from the sale, he/she shall pay Artesegno Auction House a storage and insurance fee proportionate to the value of the item.
   At the end of the auction, Artesegno Auction House will no longer be responsible for the custody and the state of preservation of the lots even in case of loss, damage, removal, theft, robbery or whatever else. In case of damage or loss of the lot within seven days from the sale, that is before the passing of risk to the Buyer, Artesegno Auction House will refund to the Buyer only the sum he/she has paid in settlement for the lot.
9. Artesegno Sas (named Artesegno Auction House) acts as exclusive agent of the seller who shall acquire the rights and accept the obligations arising from the sale concluded on his/her behalf. Therefore, Artesegno Sas does not assume, towards the purchasers and thirds parties, any responsibilities except those arising from its role as agent and cannot be held liable for the defaults of the sellers or the buyers, who shall bear the effects of the sale. Moreover, Artesegno Auction House disclaims all responsibility for the descriptions of the lots in the catalogues, on the website and in any other illustrative material; said descriptions as well as any other information or illustration are merely indicative and are not to be relied on as statements of fact or warranties.
10. Artesegno Auction House is not liable for the authenticity of the lots put up for auction. For this reason, the winning bidder-buyer is not provided with any implicit or explicit warranty as regards the authenticity of the purchased lots. The lots are sold with the documents of authenticity that accomplish them at the time of the purchase. Hence, Artesegno Auction House cannot be held responsible, in any way and for any reason, if changes occur in the accredited art experts entitled to authenticate the lots. All lots offered for sale will be displayed on the premises of Artesegno Auction House in the days prior to the auction in order to allow prospective buyers to examine them in sufficient depth. After the sale, Artesegno Auction House shall not be considered liable for faults in the state of preservation or for errors in the attribution, authenticity or provenance of any work.
11. In the event of legitimate disputes, as in case of counterfeit lots, provided they are submitted by written notice within 10 days from the sale, Artesegno Auction House will reimburse the Buyer for the sum he/she actually paid excluding any greater damages that cannot be claimed either from Artesegno Auction House or from the seller.
12. If Artesegno Auction House is informed about or becomes aware of any claim or right of third parties to ownership, possession or control of the Lot, it reserves the right, at its discretion, to retain the Lot pending the settlement of the claim.  
13. Winning bidders/Buyers must comply with all laws or regulations in force in relation to lots declared to be of significant cultural interest and for which the declaration procedure started pursuant to article 6 es. of the Italian Legislative Decree No. 490 of 29 October 1999, with particular regard to articles 54 et seq. of the same decree. The export of lots by Buyers resident and not resident in Italy is governed by the above mentioned decree as well as by the customs, currency and tax regulations in force. Artesegno Auction House assumes no liability to the Buyer for any restrictions on the export of the lots purchased at auction or for any licenses or certificates the Buyer of a lot will need to obtain according to Italian Law. Failure or delay in obtaining any such licenses or permits does not either constitute a cause for cancellation of the sale or justify late payment of the amount due by the Buyer.
14. If any lots put up for sale at the auction have been declared of cultural interest by the Italian State in accordance with Legislative Decree No. 42 of 22 January 2004 and are, therefore, subject to the Italian State’s right to purchase by pre-emption, Artesegno Auction House will communicate it at the beginning of the auction and to the respective Buyer. The Seller must notify this sale to the competent Ministry in conformity with article 59 of Italian Legislative Decree 42/2004. If the Ministry does not exercise its right of pre-emption within 60 days from the date of receipt of the notice, the sale will become legitimate. During this period the lots cannot be delivered to the Buyer pursuant to article 61 of Legislative Decree 42/2004. Should the Ministry exercise its right of pre-emption, Artesegno Auction House will refund the Buyer the sum he/she paid.
15. These Conditions of Sale are automatically accepted by all participants in the auction. Buyers accept the legal responsibilities arising from their purchases. Any dispute shall be determined by the exclusive jurisdiction of the Court of Udine.
16. The Purchaser states to consent, according to article 23 of Italian Legislative Decree No. 196 of 30 June 2003, to the processing of his/her personal data and confirms to have received the information indicated in article 13 of Italian Legislative Decree No. 196 of 30 June 2003.