Modern & Contemporary Art Auction - n.9

1 - These general conditions govern the auctioning of works of art modern and contemporary, ancient and design, organized in its own open spaces to the public and online web domains owned (www.astebrina.com) by the company Brina Arte VAT: 01996470389 (from now on "Brina Arte"). Except in cases where it is not a matter of property owned by Brina Arte, the latter acts as agent with representation of the person who conferred him the role of sell the goods at auction ("Principal"). In this case the effects of the sale are binding only for the seller who owns the goods and the buyer of them, of Consequently, Brina Arte does not assume responsibility towards the buyer other than those relating to the sales contract. To allow the potential buyers to view the works for sale, to know the main ones technical characteristics and to evaluate their authenticity, quality and condition conservation, Brina Arte will organize exhibitions on its premises or elsewhere headquarters (where indicated) and / or will be available in any case to a vision on appointment of the works in the auction catalog. Waiting for the opportunity to examine previously the authenticity, quality and state of conservation of each work for sale, no disputes will be accepted after the award auction and Brina Arte cannot be held responsible for any defects relating to authenticity, incorrect attribution, state of conservation and catalog, each work also presents an estimate attributed by the experts of Brina Art; it should be noted that this estimate is to be considered merely indicative and, therefore, the final award price may be freely lower, equal to or greater than the estimate provided. Finally, in the catalog, each work presents an auction base: this value represents the minimum sale price established by Brina Arte for the property owned by the latter or agreed between Brina Arte ed the principal for the goods for which he acts as an agent, below whom the good will be considered unsold. 2 - Participation in the auction takes place after registration, which it consists in filling in the registration form - indicating the data personal data of the interested party (general, tax code, VAT number, place of residence, domicile, landline and mobile phone number) - and in the delivery of the copy of a valid identity document and the your tax code. If the data subject wishes to register as a legal person must deliver a copy of the company's chamber of commerce registration. That inscription can be carried out at any time, both during the exhibition and precedes the auction both before the start of the sales session. Brina Arte reserves itself the right to decide whether or not to accept an applicant's participation in the own auctions and, in particular, may deny participation in subjects that do not have punctually honored pecuniary obligations, also by way of title compensation, against Brina Arte. 3 - Brina Arte has the right to withdraw from the auction, at any time, any good offered for sale. If the property is presented at auction and the offers received do not reach the reserve price established by Brina Arte or agreed with the principal, this asset will be considered unsold and, therefore, withdrawn from the auction. The choice relating to the method of sale rests with Brina Arte, in person of the sales director, who has the option to combine, divide and vary the order of the lots offered for sale. The sales manager will accept offers from the audience in the room, written offers left at the counter prior to the beginning of the auction, telephone bids for which there is a title commission fee. At the time of the award, the buyer will be asked the signing of an award report indicating the lot awarded ed the hammer price. In some specific cases, specifically indicated in the catalog, for lots delivered by a VAT subject, in addition to the VAT calculated on the auction commission, 22% VAT will be calculated on the hammer price. For lots temporarily imported from countries outside the community European, in addition to the VAT calculated on the auction commission, the VAT of 10% on the hammer price. Payment, including auction fees, must be made within 10 (ten) days of the auction date. Remember that the transfer of ownership of the lot from the principal to the buyer will take place only at the time of payment by the latter of the amount due. The successful tenderer, paid in full the auction price and commissions 25%, must collect the lots purchased at their own care, risk and expenses within 7 (seven) days from the award. By agreement with the successful tenderer, Brina Arte may organize, at the expense and risk of the successful bidder, the packaging, the transport and insurance of the lot. In this case, the successful tenderer waives every claim and / or action against Brina Arte for any courier delays in the delivery of the shipment. For the packaging, the buyer also undertakes to pay Brina Arte the requested fee which varies from ? 15.00 (fifteen) at ? 100.00 (one hundred) per package, depending on the nature and size of the same. In the case of buyers who are successful bidders for the first time, yes Finally, remember that if they wish to pay by check and / or by bank transfer banking, the transfer of ownership of the lot will take place only when the payment will be successful and the amount will actually be received by Brina Art. In this case, the goods awarded must be collected at the care, risk and expense of the buyer within 10 (ten) days of receiving the aforementioned payment. After this term, Brina Arte will be released from any liability in the to the successful tenderer for the safekeeping of the property and may charge the cost of ? 6.00 (six) per day for storage in its premises. 4 - The payment of the lots can be made by: - cashier's check - credit card credit - ATM - cash (up to ? 2999.00 in compliance with the rules money laundering) - bank transfer (in this case the payment and therefore the transfer of ownership of the asset from the principal to the buyer will be deemed to have been made only after the actual registration of the credit of the whole amount on the account of Brina Arte) - bank check (in this case the payment and therefore the transfer of ownership of the asset from the principal to the buyer yes will only be considered after the actual registration of the credit of the entire amount on the account of Brina Arte). 5 - In case of non-payment of the amounts due later the award, which lasted for over 15 (fifteen) days, Brina Arte will be able to alternatively: - terminate the sale, giving written communication pursuant to art. 1456 cc, without prejudice to the possibility of Brina Arte to protect itself in the competent offices and with the appropriate actions against the successful tenderer defaulting; - proceed to obtain the forced execution of the obligation to purchase and payment; - sell the lot to private negotiation in damage the successful tenderer; - dispose of the lot by auction at a loss the contractor. Remember that the works will be kept by Brina Arte a the risk and expenses of the successful tenderer until they are alienated as above. 6 - For the goods sold at auction, the relationship between Brina Arte and the principal ends approximately 30 (thirty) working days from the auction closing date, without prejudice to the collection of the amount due by the successful tenderer by terms established by these general conditions of sale. 7 - In the event that after the award, an asset turns out to be one counterfeiting, Brina Arte will reimburse the buyer who requests to termination of the sales contract - upon return of the goods to Brina Arte - on only the price paid by them, in the same currency. No rights and / or expenses additional will be recognized to the buyer. This obligation of Brina Arte is subject to the condition that, no later than five (5) years from the date of award, the buyer: - communicates to Brina Arte in writing, within three (3) months from the date on which he was informed of the elements that lead him to believe that the asset is a counterfeit, the reasons why the buyer believes that the well be a counterfeit; - is able to return the good to Brina Arte, free from claims and / or claims and / or restrictions by third parties and / or authorities judicial and / or administrative arisen after the date of sale and the asset is in the same conditions in which it was at the date of the award; - provide Brina Art reports from two independent and recognized scholars or experts competence, which explains the reasons why the asset is considered one counterfeiting. It should be noted that Brina Arte will not be bound by the opinions provided by the buyer and reserves the right to request additional advice from others experts. 8 - In the event that the successful tenderer is resident abroad and, consequently, the purchased goods must be exported, Brina Arte assumes no responsibility towards the successful tenderer for any export limits, nor regarding any licenses, authorizations and / or permits that the successful tenderer must obtain and / or obtain on the basis of the laws in force (customs, currency and a protection of artistic heritage). Payment for purchases will still have to be carried out within the established terms and the denial of a permit export cannot be used as a reason for cancellation of the purchase let alone justify the non-payment of the lot in question. In case of exercise by the State of the right of first refusal, the buyer will not be able claim no refund for the amounts paid. For objects subjected to State notification, buyers are required to comply with all current legislative provisions on the matter. 9 - The effects of the sale will take place exclusively between the seller owner of the goods and the successful tenderer. Brina Arte does not take on of the successful tenderer and / or third parties in general no liability other than those ad it deriving from its capacity as agent. Any dispute therefore, only for the order and / or defects of the thing sold and exclusively towards the seller who owns it. 10 - These general conditions of sale, governed exclusively by Italian law, are automatically and fully accepted by all subjects participating in the sales procedure. Criminal law protects the freedom of enchantments and punishes the disturbance of tenders also through offers fictitious. For any dispute that may arise in connection with the application, interpretation and execution of these general conditions of sale will be the Court of Ferrara has exclusive jurisdiction. 11 - The buyer declares to have received the information pursuant to art. 13 of Leg. 196/2003 n. 196 (Code regarding the protection of personal data), in particular with regard to the rights recognized pursuant to art. 7 of Legislative Decree 196/2003 n. 196, and declares to give its express consent, pursuant to art. 23 of Legislative Decree 196/2003 n. 196, to the processing of personal data in the manner and for the purposes indicated in the information itself, however strictly connected and instrumental to the management of participation in the auction and the sales relationship auction. Please note that the data controller is Brina Arte to whom it is It is possible to address requests and requests relating to the processing of the data