Done
Milano, Italy
Auction Details
Furniture and Old Master Paintings
Furniture and Old Master Paintings, Silver, Carpets and Textiles, Historia, Musical Instruments and Drawings.
Inheritance of Marquis Giambattista Guerrieri Gonzaga and other noble commissions
Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
€0€10
€200€10
€400€10
€1,000€50
€2,000€100
€4,000€100
€10,000€500
€20,000€1,000
€40,000€1,000
€100,000€1,000
Preview
Viewing: 5, 6, 7 April 2019
(10 am/1 pm - 2.30/6.30 pm)
Palazzo Crivelli Via Pontaccio 12
Milano, 20121
Italy
Buyer's Premium
- 25%
Terms & Conditions
Terms and Conditions of Sale 1. Important information for potential buyers
1.1 The lots are offered for sale by Il Ponte - Casa d'Aste Srl, a company
with registered office in Milan, Via Pontaccio 12 (20121), VAT and Milan
Company Register no. 01481220133, fully paid share capital of Euro
34,320.00 (Il Ponte), acting in the name and on behalf of the Seller as
agent with representation of the same, except for the cases in which Il
Ponte is the owner of the lot. Seller means any individual or company
owning the lot offered for sale by auction by Il Ponte. 1.2 These Terms and
Conditions of Sale may be modified by means of a notice posted in the
auction room or via an announcement made by the auctioneer before the
auction begins. Potential purchasers should consult the site
www.ponteonline.com (Website) to review the most current information on the
lots in the catalogue. 1.3 The estimates published in the catalogue are an
indication for potential buyers and are expressed in Euro: the starting
price for the auction and the Hammer Price (i.e. the price at which a lot
is sold at an auction by the auctioneer) can be higher or lower than the
evaluations indicated. 1.4 Il Ponte can organize a preview of the lots for
sale before the auction, with the purpose of allowing the participants to
examine the quality and state of preservation of the object being sold at
the auction. All potential buyers are required to examine in advance the
conditions of each lot,carrying out all the necessary verifications, with
the prior consent of Il Ponte. During the exhibition, the staff of Il Ponte
will be available to potential buyers to provide an updated illustration of
the objects in question, if available. 1.5 The illustrations in the
catalogue are provided only to identify the lot. The lack of explicit
references in the auction catalogue regarding the conditions of a given lot
does not imply that the lot is free from imperfections. To supplement the
descriptions contained in the catalogue, Il Ponte makes available, upon
request, condition reports on the status of each lot. 1.6All objects of an
electrical or mechanical nature are to be considered solely on the basis of
their artistic and decorative value and are not to be considered
functional. Before using any such object of a sold lot, it is best to have
any electrical system therein certified by a qualified electrician. 1.7 All
written or verbal representations provided by Il Ponte, including those
contained in catalogues, reports,comments or evaluations, regarding any
characteristic of a lot - e.g. authorship, authenticity, provenance,
attribution, origin, date, age, period,cultural origin or source, its
quality, including its price or value - merely reflect opinions and may be
reviewed by Il Ponte and, if necessary, amended before the lot is offered
for sale. Except in cases of wilful misconduct or gross negligence, neither
Il Ponte nor its directors, employees, contractors or consultants can be
held liable for errors or omissions contained in these representations. 1.8
Except in the case of wilful misconduct or gross negligence, neither Il
Ponte nor its directors, employees, contractors or consultants will be
liable for acts or omissions relating to the preparation or conduct of an
auction or any matter relating to the sale of the lot. 1.9 Without
prejudice to the provisions set forth by Art. 1.7 and 1.8, any liability of
Il Ponte visà-vis the Buyer (the individual or company who makes the
highest bid in the auction accepted by the auctioneer) in connection with
the purchase of a lot is limited to the Hammer Price and the buyer's
premium paid to Il Ponte by the Buyer. 1.10 The fall of the auctioneer's
hammer determines the acceptance of the highest bid and the price at which
a lot is sold by the auctioneer to the Buyer.The fall of the auctioneer's
hammer also determines the conclusion of the purchase contract between the
Seller and the Buyer. 2. Bids 2.1 Bids may be submitted in person in the
room during the auction, in a written offer before the auction begins, by
phone or via the internet (in the latter case only if the specific auction
admits this possibility). 2.2 The offer and sale by Il Ponte of lots over
the internet or by using the phone are both distance contracts governed by
Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6
September 2005, no. 206 (Consumer Code) and Legislative Decree 9 April
2003, no. 70, which include the regulations of electronic commerce. 2.3
Bids are generally increased by 10% unless otherwise determined by the
auctioneer and communicated before the auction begins. 2.4 In the event
bids of an equal amount are submitted through the same method (that is
presented in the auction room, by telephone, in writing or online), Il
Ponte will take into consideration only the bid received first. 2.5 Where a
dispute arises concerning the successful bid, the lot may be withdrawn from
the auction - at the sole discretion of the auctioneer - or relisted for
auction on the same day (in this case, the bids relating to the lot made
previously will no longer be taken into account). 2.6 At its own
discretion, Il Ponte has the right to exclude anyone from participating in
the auctions; in particular, Il Ponte may refuse to allow any potential
buyer who has not previously fulfilled his obligations to Il Ponte, even by
way of compensation, to participate in the auction. 2.7 The auctioneer
conducts the auction starting from the bid he considers suitable.The
auctioneer can put consecutive bids or respond to other bids in the
interest of the Seller up to the Reserve Price (the minimum price agreed
confidentially between Il Ponte and the Seller, below which the lot will
not be sold). 2.8 At any time Il Ponte has the right to withdraw any lot
offered for sale. The auctioneer has the right, at his sole discretion, to
combine or separate lots and to vary the order of sale from the one
indicated in the catalogue, provided that the lot is not offered for sale
any day prior to the one indicated in the auction catalogue. 2.9 In regard
to each potential buyer, Il Ponte reserves the right to subordinate
participation in the auction to the presentation of a letter of bank
references or the deposit of a sum that guarantees the proper fulfilment of
the obligations laid down in these Terms and Conditions of Sale, which will
be returned once the auction has ended. 3. Bids in the auction room 3.1 To
participate in the auction in person, it is necessary to have the
appropriate numbered paddle, which is issued by the staff of Il Ponte at
the registration desk, upon filling in the auction registration form and
upon exhibiting the identity document of the potential buyer. Bidders shall
place their bids by raising the numbered paddle. 3.2 Il Ponte invites
potential buyers to pick up their numbered paddle ahead of time and informs
them that they can also register for the auction during the exhibition
period held prior to the auction. The loss of a numbered paddle must be
reported immediately to Il Ponte, who will give the potential buyer a new
numbered paddle. The numbered paddle must be returned to Il Ponte at the
end of the auction. 3.3 Immediately after the successful bid, the Buyer
shall sign a sale report. 3.4 Each lot sold in the auction room will be
invoiced on the basis of the personal information and address provided when
the numbered paddle is issued. 3.5 It is possible to participate in the
auction on behalf of a third person. The agent, when registering for the
auction, must present a proxy signed by the principal with an attached copy
of the identity document and tax code of both the principal and the agent;
if the principal is a company, the proxy must be signed by the legal
representative thereof or by an agent with power of attorney, whose
identity document and tax code must be attached to the proxy. In any case,
Il Ponte reserves its right to prevent the agent from participating in the
auction when, at its sole discretion, it deems that the power of attorney
has not been sufficiently demonstrated. 3.6 Under no circumstances shall
bids be accepted "without limits" or "upon examination". 4. Bids submitted
in writing 4.1Written bids may be submitted by filling in the "Written
telephone bid" form (Form) annexed to the auction catalogue or available
for download from www.ponteonline.com (Website). 4.2 The Form shall be sent
to Il Ponte at least 24 hours before the start of the auction: either i) by
fax to +39 02.72022083 (for auctions organized at the Il Ponte offices in
Milan,Via Pontaccio 12) or to +39 02.36633096 (for auctions organized at
the Il Ponte offices in Milan, Via Pitteri 8/10), or b) by sending an email
in pdf format to info@ponteonline.com (or the email address of the relevant
department of Il Ponte provided on the Website or in the auction
catalogue), in all cases the required documentation specified in the Form
must be enclosed; in case of failure to provide the required documentation,
Il Ponte does not guarantee that it will accept the bids indicated in the
Form. Il Ponte will accept only bids equal to or higher than 80% of the
minimum estimate indicated in the catalogue with respect to the lot for
which the bid is submitted. 4.3 Written bids will only be accepted if
rounded to a multiple of ten; otherwise, Il Ponte will consider the offer
as being rounded down to the nearest multiple of ten (for example, a
written offer of ? 238.00 will be considered by Il Ponte as a bid of ?
230.00). 4.4 Il Ponte, in allowing potential buyers to raise bids,will take
into account both the Reserve Price and the other bids, so as to attempt to
sell the lot for which a written bid was submitted at the lowest possible
Hammer Price. The amounts specified in the Form shall be meant as maximum
amounts. Il Ponte will not take into consideration bids for unlimited
amounts or bids for an unspecified amount. 4.5 Il Ponte is not responsible
for any errors made by the potential buyer in completing the Form. Before
sending the Form to Il Ponte, the potential buyer is required to verify
that the lot description indicated in the Form corresponds to the good that
he intends to buy; in particular, the potential buyer is required to verify
that the auction catalogue number and the lot description correspond. In
the case of discrepancy between lot number and lot description, Il Ponte
will make the bid on behalf of the potential buyer by referring exclusively
to the lot number. 4.6 At the end of the auction, the Buyer will be
informed by Il Ponte via email that his bid was succesful; in any case,
each potential buyer is invited to contact Il Ponte at the contact details
indicated in Article 16 in order to check if his bid was succesful. 4.7 In
case a written bid and a bid made in person in the auction room, by
telephone or online are placed for the same amount, the latters shall
prevail with respect to the written bid. 4.8 Pursuant toArticle 59,
paragraph 1, letter m) of the Consumer Code, if the auction sale contract
is concluded with a Buyer who has made a written offer, and he may be
qualified as a consumer under Article 3, paragraph 1, letter a) of the
Consumer Code, the Buyer will not have the right of wi-thdrawal, as the
selling method used is a public auction, as defined by Arti-cle 45,
paragraph 1, letter o) of the Consumer Code. 5. Bids submitted by telephone
5.1 By filling in and submitting the Form, a potential buyer can
participate in the auction and make telephone bids. 5.2 The Form must be
sent to Il Ponte at least 24 hours before the start of the auction - by fax
to +39 02.72022083 (for auctions organized at the Il Ponte offices in
Milan,Via Pontaccio 12) or to +39 02.36633096 (for auctions organized at
the Il Ponte offices in Milan, Via Pitteri 8/10), or by sending an email in
pdf format to info@ponteonline.com (or to the email address of the relevant
department of Il Ponte provided on theWebsite or in the auction catalogue),
in all cases enclosing the required documentation specified in the Form.
5.3 Following the receipt of the duly completed Form, Il Ponte will contact
the potential buyer at the phone number indicated in the Form before the
sale of the lot for which the potential buyer intends to make telephone
bids. 5.4 The minimum estimate indicated in the catalogue in reference to
each lot for which potential buyers intend to make telephone bids must be
at least ? 100,00; otherwise, Il Ponte will not contact the potential buyer
nor will he be able to make telephone bids for the lot. 5.5 If, for any
reason, including technical reasons, Il Ponte is not able to telephone the
potential buyer, Il Ponte will have the right to bid on behalf of the
potential buyer, in regard to each lot specified in the Form, up to a
Hammer Price equal to the maximum bid listed by the potential buyer in the
Form, or if that maximum bid is not reached, up to the minimum estimate
indicated in the catalogue for that lot. 5.6 Il Ponte is not liable in any
way for any delay in or failure to make telephone bids arising from the
malfunction of the telephone line, except for wilful misconduct or gross
negligence. 5.7 Telephone conversations during the auction will be
recorded. The staff of Il Ponte is able to make phone calls in Italian,
English, German, French and Chinese. 5.8 Pursuant toArticle 59, paragraph
1, letter m) of the Consumer Code, if the auction sale contract is
concluded with a Buyer who has made an offer by telephone, and he may be
qualified as a consumer under Article 3, para-graph 1, letter a) of the
Consumer Code, the Buyer will not have the right of withdrawal, as the
selling method used is a public auction, as defined by Ar-ticle 45,
paragraph 1, letter o) of the Consumer Code. 6. Bids submitted online 6.1
Il Ponte will give notice on its Website (at least 24 hours before the
auction starts) and/or in the auction catalogue if bids can be made online,
via theWebsite or sites operated by third parties. 6.2 Online bids are
regulated both by these Terms and Conditions of Sale and by the "Additional
conditions for the submission of online bids" avai-lable on theWebsite or
on request. In the event of inconsistency between these Terms and
Conditions of Sale and the "Additional conditions for the submission of
online bids", the latter shall prevail. 6.3 For information about
registering for the auction and submitting online bids, please refer to the
Website. 6.4 Pursuant toArticle 59, paragraph 1, letter m) of the Consumer
Code, if the auction sale contract Finali Giugno 2018.qxp_Layout 1 01/06/18
17:13 Pagina 4 is concluded with a Buyer who has made an online bid, and he
may be qualified as a consumer under Article 3, paragraph 1, letter a) of
the Consumer Code, the Buyer will not have the right of wi-thdrawal, as the
selling method used is a public auction, as defined by Arti-cle 45,
paragraph 1, letter o) of the Consumer Code. 7. Payment 7.1 In the event of
a successful bid, the Buyer shall pay the Hammer Price of the lot to Il
Ponte, in addition to a buyer's premium of 25% (if the auction was held at
the saleroom of Il Ponte in Milan,Via Pontaccio 12) or 35% (if the auction
was held at the saleroom of Il Ponte in Milan,Via Pitteri 8/10) of the
Hammer Price (in addition, to the payment of any other amount due to Il
Ponte under these General Terms and Conditions related to the lot sold)
(Amount Due). 7.2 The Buyer undertakes to pay the Amount Due no later than
ten days from the day following the date of the sale. 7.3 The transfer of
ownership of the lot will take place only when payment is made by the Buyer
of the Amount Due. 7.4 In the event of failure to pay or delay in payment
by the Buyer, in whole or in part, of the Amount Due, Il Ponte has the
right to request the fulfilment or to terminate the sale contract pursuant
to Article 1456 of the Civil Code, by giving written notice to the
Buyer,without prejudice in any case to compensation for any damages. Il
Ponte may also deposit the lot in the custody of a third party or,
alternatively, in its own custody and charge the Buyer ? 10.00 per day for
storage, in all cases at the Buyer's risk and expenses. 7.5 Each lot can be
paid by cashier's check, credit card, debit card, bank transfer or cash,
within the limits specified in paragraph 7.9. 7.6 Payment of the lot can be
made in Milan at the offices of Il Ponte in Via Pontaccio 12 or in Via
Pitteri 8/10 (according to where the auction was held) during the following
office hours: MonVen. 9 am to 1 pm; 2 pm to 5:30 pm (excluding public
holidays in Italy). 7.7 The following credit cards are accepted: American
Express, Diners, Visa and MasterCard. Payment can be made exclusively by
the owner of the credit card. 7.8 The bank details for wire transfers are
the following: IBAN IT 51H0832950860000000011517; Swift code no.
ICRAITRR950; Beneficiary: Il Ponte - Casa d'Aste Srl. In the space for
"reason for payment" (causale), please provide your full name and the
invoice number. 7.9 Il Ponte can accept single or multiple payments in cash
only for amounts less than ? 2,999.99. 7.10 Il Ponte has the right to
control the source of the payments it receives and to refuse payments from
people other than the Buyer. 8. Delivery and collection of the lot 8.1 The
lot will be delivered by Il Ponte to the Buyer only after receiving full
payment of the Amount Due. 8.2 Il Ponte does not undertakes the obligation
to arrange for shipment of the lot sold, which must be collected by the
Buyer in Milan at the offices of Il Ponte in Via Pontaccio 12 or in Via
Pitteri 8/10 (depending on where the auction was held),within seven days
following the day theAmount Due is paid. 8.3 If the Buyer fails to collect
the lot in a timely fashion, Il Ponte has the right to request the
fulfilment and, failing that, to deposit the lot in the custody of a third
party or, alternatively, in its own custody and charge the Buyer ? 10.00
per day for storage, in all cases at the Buyer's risk and expenses. 8.4 In
the event that the Buyer entrusts the collection of the lot to a third
party, said party must be provided with a written authorization of the
Buyer as well as a copy of the identity document of both the represented
party and his agent. 8.5 At the express request of the Buyer, Il Ponte can
arrange, at the Buyer's expenses and risk , for the packaging, transport
and insurance of the lot, subject to prior notice and written acceptance of
the Buyer in relation to the relevant expenses. The shipping may be carried
out by a carrier hired by Il Ponte, in accordance with the instructions of
the Buyer, or hired directly by the Buyer, depending on the agreement
between the parties. 8.6 In the event of death, disqualification,
incapacitation or termination, for any reason, of the Buyer, duly notified
to Il Ponte, it is agreed that Il Ponte will deliver the lot on the basis
of an agreement between all the assignees of the Buyer or in compliance
with the procedures established by the judicial authority. 9. Transfer of
risk 9.1 A purchased lot is entirely at the risk of the Buyer starting on
the earliest of the following: (i) the date the Buyer receives the lot
purchased, or (ii) the date the Buyer pays the Amount Due for the lot; if
none of these events takes place, the transfer of risk will in any case
have effect after the ten (10) day-period of the sale has elapsed. 9.2 The
Buyer will be compensated for any loss of or damage to the lot that occurs
after the sale but before the transfer of risk, but the compensation may
not exceed the Hammer Price of the lot plus the buyer's premium received by
Il Ponte. Except in cases of wilful misconduct or gross negligence, in no
event will Il Ponte be responsible for the loss or damage of glass/frames
containing or covering prints, paintings or other works unless the frame
and/or the glass is part of the auctioned lot. 9.3 In no event will Il
Ponte be liable for any loss or damage: (i) that occurs as a result of any
action (including restoration or cleaning of the work or the frame) carried
out by independent experts hired by Il Ponte with the consent of the Seller
(or the Buyer) of the lot; (ii) arising, directly or indirectly, from: (a)
changes in humidity or temperature; (b) normal wear and tear or gradual
deterioration resulting from interventions on the object and/or flaws or
hidden defects (including woodworms and wood parasites); (c) errors in
treatment; (d) war, nuclear fission, radioactive contamination, chemical,
biochemical or electromagnetic weapons; (e) acts of terrorism. 10.
Counterfeiting 10.1 If, after the sale, a lot turns out to be a
counterfeit, Il Ponte will reimburse any Buyer who has requested
termination of the sale contract - upon the return of the lot to Il Ponte -
in an amount equal to the Hammer Price and the buyer's premium paid, in
both cases in the currency in which these amounts were paid by the Buyer.
The obligation of Il Ponte is subject to the condition that, no later than
five (5) years from the date of sale, the Buyer: (i) gives Il Ponte written
notice, within ninety (90) days from the date on which he received
information causing him to believe that the lot is counterfeit, of the lot
number, the date of the auction where the lot was purchased and the reasons
why the Buyer believes that the lot is counterfeit; (ii) is able to return
the lot to Il Ponte free from any demands or claims by third parties made
after the date of sale, and the lot is in the same condition as at the date
of sale; (iii) provides Il Ponte with the reports of at least two scholars
or independent experts of recognized competence, in which they explain the
reasons why the lot is to be considered a counterfeit. 10.2 Il Ponte will
not be bound by the opinions provided by the Buyer, and reserves the right
to request additional expert advice at its own expense. 10.3 Il Ponte will
not make a refund if: (i) the description in the catalogue was in
accordance with the generally accepted opinion of scholars and experts on
the date of the sale or indicated that the authenticity or attribution of
the lot was controversial; or (ii) on the date of publication of the
catalogue the counterfeit nature of the lot could be ascertained only by
carrying out analyses generally considered inadequate for that purpose or
otherwise not feasible, whose cost was unreasonable or which might
reasonably have damaged or otherwise resulted in a decrease in the value of
the lot. Under this Article, counterfeit means, in the reasonable opinion
of Il Ponte, the imitation of a lot offered for sale, not described as such
in the auction catalogue, created for the purpose of deception in regard to
the authorship, authenticity, provenance, attribution, origin, source,
date, age, period of the lot, which on the date of the sale had a value
lower than it would have had if the lot had corresponded to the description
in the auction catalogue.A lot that has been restored or modified in any
way (including repainting or painting over) does not constitute a
counterfeit. 11. Export from the territory of the Italian Republic.
Declaration of cultural interest 11.1 The export of a lot from the
territory of the Italian Republic may be subject to the issuance of a
certificate of free circulation or of an export license, in accordance with
the requirements of Article 68 et seq. of Legislative Decree 22 January
2004 no. 42 (Urbani Code). It is the Buyer's responsibility to present the
declaration required to obtain the issue of a certificate of free
circulation and/or the export license; under no circumstances may Il Ponte
be held responsible for the failure to obtain the aforementioned documents.
11.2 The failure to grant or the delay in issuing the certificate of free
circulation and/or the export license shall not give rise to the
termination or annulment of the sale, nor shall it justify the nonpayment
or delay in payment of the Amount Due by the Buyer. 11.3 At the Buyer's
request and expenses, Il Ponte may apply for the issuance of the
certificate of free circulation and/or the export license, provided that
the Buyer has already paid the Amount Due. Il Ponte charges to the Buyer a
fee of ? 150.00 (plus VAT) for each work for which an application is filed.
11.4 Each lot offered for sale at auction can be the subject of a
declaration of cultural interest by the Ministry of Culture and Heritage
and Tourism in accordance with Article 13 of the Urbani Code. In that case
- or if, in relation to the lot, the proceeding of declaration of its
cultural interest pursuant to Article 14 of the Urbani Code has commenced -
Il Ponte will communicate as much in the catalogue and/or through an
announcement made by the auctioneer before the lot is offered for sale. In
the event the lot has been the subject of a declaration of cultural
interest prior to its sale, the Seller will report the sale to the
competent Ministry pursuant to Article 59 of the Urbani Code. The sale is
subject to the condition precedent that the relevant Ministry exercises the
right of pre-emption within sixty days of receipt of such report, or within
a period greater than one hundred and eighty days, pursuant toArticle 61
paragraph II of the Urbani Code. During the period provided for the
exercise of the right of pre-emption, the lot cannot be delivered to the
Buyer, pursuant to Article 61 of the Urbani Code. 12. Resale right 12.1 If
due, the payment of the so-called "resale right" (introduced by Legislative
Decree 13 February 2006, no. 118, implementing Directive 2001/84/EC) will
be paid by the Seller. 13. Protected species 13.1 Regardless of the issue
of a certificate or an export license under Article 68 et seq. of the
Urbani Code, all lots consisting of or containing parts of plants or
animals (e.g.: whalebone, crocodile, ivory, coral, turtle), regardless of
their age or value, may require a permit or certificate before export,
and/or additional licenses and/or certificates for importation into non-EU
countries. The granting of a license or a certificate for import does not
guarantee the issuing of a license or certificate for export, and vice
versa. Il Ponte recommends that potential buyers check their own specific
national legislation regarding requirements for the imports of goods made
of or containing protected species into their country. It is the Buyer's
responsibility to obtain these import or export licenses/certificates, as
well as any other required supporting document, before making any bid. 14.
Legal Guarantee of Conformity 14.1 All lots sold through Il Ponte are
covered by the legal guarantee of conformity provided for in Articles
128-135 of the Consumer Code (Legal Guarantee). 14.2 The Legal Guarantee is
given to the consumer (who, pursuant to Article 3, paragraph I, letter a)
of the Consumer Code, is an individual who acts for purposes unrelated to
his business, commercial, craft or professional activities). 14.3 The
Seller is liable to the consumer for any lack of conformity existing at the
time of delivery of the product and that becomes apparent within two years
of that delivery.The lack of conformity must be reported to the Seller
within two months of the date on which it was discovered, otherwise the
guarantee is voided. Unless proved otherwise, it is assumed that any lack
of conformity which becomes apparent within six months of delivery of the
product already existed on the delivery date, unless this assumption is
incompatible with the nature of the product or with the nature of the lack
of conformity. From the seventh month following the delivery of the lot, it
becomes the consumer's burden to prove that the defect existed at the time
of delivery. In order to avail himself of the Legal Guarantee, therefore,
the consumer shall first give proof of the date of the sale and of the
delivery of the lot. The consumer, in order to be able to provide this
proof, should therefore keep all documentation suitable to demonstrate the
sale (for example, the purchase invoice) and the date of delivery or
collection of the lot. 14.4 With reference to the definition of "lack of
conformity", please refer to the provisions of Article 129, paragraph II,
of the Consumer Code. Excluded from the scope of the Legal Guarantee are
defects caused by accidental events or by responsibilities of the consumer,
or by any use of the lot that is incompatible to its intended use. 14.5 In
the event of a lack of conformity duly reported in the appropriate terms,
the consumer is entitled: (i) first of all, to the repair or replacement of
the lot, at his choice, free of charge, unless the solution requested is
impossible or excessively expensive compared to the other; (ii) second, (in
cases where repair or replacement is impossible or prohibitively expensive
or the repair or replacement did not take place within a reasonable time or
the repair or replacement made previously caused significant inconvenience
to the consumer) to a reduction in the Hammer Price or the termination of
the contract, at his choice. The remedy requested is overly burdensome if
it imposes unreasonable costs on the Seller with respect to alternative
remedies that may be exercised, taking into account: (i) the value the
object would have if there were no lack of Finali Giugno 2018.qxp_Layout 1
01/06/18 17:13 Pagina 5 conformity; (ii) the nature of the lack of
conformity; (iii) the possibility that the alternative remedy could be
implemented without significant inconvenience to the consumer. 14.6 If,
during the period of validity of the Legal Guarantee, the lot manifests a
lack of conformity, the consumer may inform Il Ponte of this fact at the
contacts provided in Article 16. Il Ponte will reply promptly to
communications of any alleged lack of conformity and indicate to the
consumer the specific procedure to be followed. 15. Contacts It is possible
to ask questions,send information, request assistance or file complaints to
Il Ponte: - by email: info@ponteonline.com; - by mail: Il Ponte - Casa
d'Aste srl, Milan, Via Pontaccio 12 (20121) or Via Pitteri 8/10 (20134); -
by phone: +39 02.863141 (offices in Via Pontaccio 12) or +39 02.8631472
(offices in Via Pitteri 8/10) (phone numbers are not free of charge and
operate at the following times: Mon-Ven. 9 am to 1 pm; 2 pm to 6 pm, for
the offices in Via Pontaccio 12; 9 am to 1 pm; 2 pm to 5:30 pm for the
offices in Via Pitteri 8/10, in both cases excluding public holidays in
Italy); - by fax: +39 02.72022083 (offices in Via Pontaccio 12) or +39
02.36633096 (offices in Via Pitteri 8/10); Il Ponte will reply to
complaints within five working days of their receipt. 16. Jurisdiction and
applicable law 16.1 The contractual relationship between Il Ponte and the
Buyer is governed by Italian law. As for consumers who do not have their
habitual residence in Italy, this is without prejudice to the application
of more favourable provisions provided by the Country where consumers have
their habitual residence. 16.2 In the case of consumer Buyers, for any
dispute concerning the application, implementation and interpretation of
these Terms and Conditions of Sale, the jurisdiction shall be the location
where the consumer resides or is domiciled. 16.3 Under Article 141-sexies,
paragraph 3 of the Consumer Code, Il Ponte informs the consumer Buyer that,
in the event he has filed a complaint directly with Il Ponte, after which
however it has not been possible to resolve the dispute, Il Ponte will
provide information about the Alternative Dispute Resolution entity or
entities for the extra-judicial settlement of disputes relating to the
obligations arising from any contract concluded under these Terms and
Conditions of Sale (socalled ADR entities, as specified in Articles 141-bis
et seq. of the Consumer Code), specifying whether or not it intends to make
use of such entities to resolve such dispute. 16.4 Il Ponte also informs
the consumer Buyer that a European platform for online dispute resolution
of consumer disputes has been established (the so-called ODR platform). The
ODR platform is available at http://ec.europa.eu/consumers/odr/; through
the ODR platform, the consumer Buyer may consult the list of ADR entities,
find the link to the website of each of them and start an online dispute
resolution procedure for the dispute in which he is involved. This is
without prejudice of the consumer Buyer's right to appeal to a competent
ordinary court for settlement of the dispute arising from these Terms and
Conditions of Sale, regardless the outcome of the out-of-court dispute
settlement procedure pursuant to Part V, Title II-bis of the Consumer Code.
16.5 The Buyer who is resident in an EU member state other than Italy may
also have access, for any dispute concerning the application,
implementation and interpretation of these Terms and Conditions of Sale, to
the minor disputes procedure established by Regulation (EC) No. 861/2007 of
11 July 2007, provided that the value of the dispute does not exceed,
excluding interest, fees and expenses, Euro 2,000.00. The text of the
regulation is available on the website www.eurlex.europa.eu. INFORMATION on
ART 13 of the G.D.P.R. Pursuant to and for the effects of art. 13 of the
New Data Protection Regulation (GDPR 2016/679), we inform the Customer
(so-called interested party) that: 1. Owner and other designated persons
The data controller is Il Ponte - Casa D'aste S.r.l. , with registered
office in Milan, Via Pon-taccio n. 12, in the person of the director, Dr.
Rossella Novarini, mail: direzione.generale@ponteonline.com. For the
purpose of replying to the interested party in case of exercise of rights
by the latter, it is possible to contact Francesca Conte, mail:
francesca.conte@ponteonline.com. The appointed DPO is Programmastudio Spa,
in the person of the Dr. Pasquale Iannone, tel. 02 2829389, mail:
privacy@programmastudio.it. 2. Treatment and legal basis Personal data,
freely provided by the Customer to the company on the basis of the activity
carried out by virtue of specific contractual regulations, will be treated
in a lawful manner, according to correctness, and in accordance with the
provisions of the Regulations, for the purpose of: - fulfilling the mandate
to sell and / or participating in the scheduled auctions; - for the
purposes established by the current anti-money laundering legislation
(Legislative Decree 231/07 and subsequent amendments). The provision of the
above data is mandatory for the holder to be able to carry out the task
assigned to him. In case of refusal to provide the requested data, the
holder will find it im-possible to perform the contractually provided
services, due to fact and fault of the Custo-mer concerned. Personal data
such as e-mail address, provided optionally by the Customer to the company
on the basis of a specific consent issued by the same, will be processed in
a lawful and cor-rect manner, as well as in accordance with the Regulation
for the purposes of forwarding information, updates and news regarding new
auctions and / or future events. For this purpose the company will collect
the consent with electronic and /or written moda-lities. The image will be
recorded, by means of a video recording system and as per reported
information, in the legitimate interest of the Owner, or in order to
protect the safety of per-sons and the protection of the company's assets.
3. Processing tools and data storage methods The data processed (which may
be:common and identifying) are updated,complete, rele-vant and not
excessive with respect to the aforementioned purposes of processing. The
same data will be processed, in compliance with the security and
confidentiality requi-red through the following procedures: collection of
data from the interested party, registra-tion and storage of the same for
predetermined, explicit and legitimate purposes. The same data will be
processed using both paper and electronic and automated means. Personal
data will be processed by the Data Controller as well as by employees and
colla-borators authorized to process the data. The data may be
communicated, to the public bodies recipients of the communications
/declarations object of the present contract, as well as to the appointed
inspection persons,where required, during the verification and control
phases related to the regularity of the fulfilments. The same data, object
of this information, can be communicated to professionals and /or
collaborators of the holder for the accomplishment of the assigned task and
for the same purposes. Moreover, the data in question will not be
disseminated beyond the limits speci-fied therein, unless otherwise
indicated by the interested party, provided in writing. It is not the
intention of the Data Controller to transfer the data object of this letter
to a third country or to an international organization. It should be noted
that the external backup is also performed by an Italian company, therefore
also required to comply with the privacy legislation in question, through
the use of server sites on Italian territory. There is no automated
decision making process. Finally, the interested party is informed that the
Data Controller has set up a great variety of security measures to protect
data against the risk of loss, misuse or alteration. 4. Data retention
period The data, subject of this information, will be kept: - for 10 years
(ten years) from the conclusion of the contractual relationship, for
treatment with a contractual legal basis; - 5 years from the withdrawl of
consent for treatment with a consensual basis; - no more than 72 hours,
relative to the treatment of images of the video surveillance. 5. Rights of
the interested party The interested party has the right: - to ask the Data
Controller to confirm or not the possession of personal data concerning
himself, even if not yet registered, and their communication in an
intelligible form, as well as access to personal data, its possible
updating or integration,correction or the cancellation of the same, the
transformation of the same in anonymous form or the blocking of those
treated in violation of the law, the limitation of the processing that
concerns himself or to oppose its treatment, in addition to the right to
data portability. The interested party also has the right to obtain an
indication of the origin of personal data, its purpose and the methods of
treatment, as well as the logic applied in case of treatment carried out
with the aid of electronic instruments; - he may also object in whole or in
part to the processing of data concerning him for the purpose of sending
advertising material, direct sales or market research or commercial
communications; - he has the right to withdraw the consent at any
time,without prejudice to the lawfulness of the processing performed on the
basis of the consent given prior to the revocation, as well as the right to
place a complaint with a supervisory authority
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