Auction 10-Antique & 20th paintings & objects

2.1 Bids for the purchase of lots can be submitted personally in the room during the auction, through a written offer before the auction, by telephone or via the internet (in the latter case only if possible in relation to the specific auction) . 2.2 In the event of offers of the same amount and presented through the same method (i.e. presented in the room, by telephone, in writing or online), De Francesco Casa d'Aste e Galleria S.r.l. will only take into consideration the offer received first. 2.3 If a dispute arises regarding the award of a lot, the latter, at the sole discretion of the auctioneer, may be withdrawn from the auction or put back up for sale at auction on the same day (in this latter case the offers relating to the lot previously formulated will no longer be taken into consideration). 2.4 At its complete discretion, De Francesco Casa d'Aste e Galleria S.r.l. has the right to refuse anyone to participate in the auctions; in particular, De Francesco Casa d'Aste e Galleria S.r.l. may refuse participation in the auction of potential buyers who have previously not punctually fulfilled their obligations, including for compensation, towards De Francesco Casa d'Aste e Galleria S.r.l. 2.5 The auctioneer conducts the auction starting from the offer he considers adequate. The auctioneer may make consecutive offers or in response to other offers in the interest of the Seller, until the reserve price is reached (the minimum price agreed confidentially between De Francesco Casa d'Aste e Galleria S.r.l. and the Seller below the which the lot will not be sold). 2.6 At any time De Francesco Casa d'Aste e Galleria S.r.l. has the right to withdraw from the auction any lot offered for sale. The auctioneer has the right, at his sole discretion, to combine or separate the lots and to vary the sales order compared to what is indicated in the catalogue, provided that the lot is not offered at auction on a day earlier than that indicated in the catalogue. of auction. 7.1 If the lot is awarded, the Buyer must pay De Francesco Casa d'Aste e Galleria S.r.l the hammer price of the lot, in addition to purchase commissions equal to 20% of the hammer price (in both cases VAT included if due) and in addition to the payment of any other amount due to De Francesco Casa d'Aste e Galleria S.r.l pursuant to these General Conditions of Sale (see also ? 6.4) and connected to the award of the lot (Amount Due). 7.2 The Buyer is obliged to pay the Amount due no later than five (5) business days, starting from the day after the auction day. 7.3 In the event of failure or delayed payment by the Buyer, in whole or in part, of the Amount due within the aforementioned essential deadline, De Francesco Casa d'Aste e Galleria S.r.l. may resolve the sale pursuant to art. 1456 c.c. by simple written communication. In this case, De Francesco Casa d'Aste e Galleria S.r.l. will in any case be entitled to the payment of a penalty equal to double the purchase commissions that the defaulting Buyer would have had to pay, in addition to any additional damage, and will in any case be able to retain any advance payments paid by the Buyer. 7.4 Payment can only be made by bank transfer or check. 7.5 The bank details for bank transfers are as follows: IBAN IT93C0711003400000000013065; Swift code no. ICRAITRR; beneficiary: De Francesco Casa d'Aste e Galleria S.r.l. In the reason for payment please indicate your name, surname, lot number and auction. 7.6 De Francesco Auction House and Gallery S.r.l. reserves the right to check the origin of payments received and not to accept payments from people other than the Buyer. 7.7 De Francesco Auction House and Gallery S.r.l. will send the amount due to the principal within 35 working days from the date on which De Francesco Casa d'Aste e Galleria S.r.l. will receive payment from the Buyer. 7.8 Pursuant to Legislative Decree. n. 231/07 and subsequent amendments and additions and in full compliance with the provisions of Legislative Decree. 196/2003 (Privacy Code) and EU Regulation 2016/679, De Francesco Casa d'Aste e Galleria S.r.l. will request from all Customers the data necessary for the fulfillment of the customer's and beneficial owner's due diligence obligations. In the event of a formal request from the Authorities and the Public Administration, and in any other case provided for by law, De Francesco Casa d'Aste e Galleria S.r.l. may communicate the name and contact details of the Buyer. 8.1 The lot will be delivered by De Francesco Casa d'Aste e Galleria S.r.l. to the Buyer only following full payment of the Amount due (except for any different provisions referred to in Legislative Decree no. 42/04, also regarding State pre-emption; please also refer to ? 12.4 of these conditions ). 8.2 De Francesco Auction House and Gallery S.r.l. does not assume the obligation to arrange for the shipment of the lot subject to the award, which must be collected by the Buyer in Naples at the warehouse headquarters of De Francesco Casa d'Aste e Galleria S.r.l. of via Vallone dei Gerolomini 14 within ten days following the day of payment of the amount due. 8.3 If the Buyer does not promptly collect the paid lot within ten days of payment or of obtaining the free circulation certificate and/or export license, De Francesco Casa d'Aste e Galleria S.r.l. will have the right to proceed with the elimination of the lot, upon notification via registered mail. or Pec. The buyer acknowledges and accepts that in the event of elimination of the lot, he will not be entitled to bring any type of action or complaint, before any authority, against De Francesco Casa d'Aste e Galleria S.r.l., which is therefore indemnified from any liability. 8.4 In the event that the Buyer appoints a third party to collect the lot, the latter must be equipped with a written proxy issued by the Buyer as well as a photocopy of the document of the delegating party and the delegate. 8.5 At the express request of the Buyer, De Francesco Casa d'Aste e Galleria S.r.l. may organize, at the Buyer's expense and risk, the packaging, transport and insurance of the lot, subject to written communication and acceptance by the Buyer of the relevant expenses. The shipment may be carried out by a transporter appointed by De Francesco Casa d'Aste e Galleria S.r.l., upon indication of the Buyer, or appointed directly by the Buyer, depending on the agreements. 8.6 In the event of death, interdiction, incapacity, extinction/termination, for any reason, of the Buyer, duly communicated to De Francesco Casa d'Aste e Galleria S.r.l., the latter will agree to return the lot subject to the agreement of all those entitled cause of the Buyer or according to the methods established by the judicial authority. 9.1 A purchased lot is entirely at the Buyer's risk from the earlier of the dates on which the Buyer: (i) takes delivery of the purchased lot or (ii) pays the Amount due for the lot; if none of these hypotheses come true, the transfer of risk will in any case take place from the date on which the ten (10) day period from the awarding of the lot has elapsed. With the transfer of risk to the Buyer, the latter expressly exempts De Francesco Casa d'Aste e Galleria S.r.l. from any responsibility regarding the fate of the awarded lot, including for any damage, theft, fire, destruction, loss of the lot itself (total or partial). 9.2 The Buyer will be compensated for any loss or damage to the lot occurring after the award but before the transfer of risk, but the compensation will not exceed the Hammer Price of the lot, in addition to the purchase commission received by De Francesco Auction House and Gallery S.r.l. Under no circumstances will De Francesco Casa d'Aste e Galleria S.r.l. assumes responsibility for loss or damage to frames/glass containing or covering prints, paintings or other works, unless the frame or/and glass constitute the lot sold at auction. 9.3 Under no circumstances will De Francesco Casa d'Aste e Galleria S.r.l. will be responsible for the loss or damage (total or partial) of the awarded lot: (i) occurring following any intervention (including restoration interventions, interventions on the frames and cleaning interventions) by third parties appointed by anyone; (ii) resulting, directly or indirectly, from: (a) changes in humidity or temperature; (b) normal wear and tear or gradual deterioration resulting from interventions on the property and/or other events (including woodworms and parasites); (c) treatment errors; (d) war, nuclear fission, radioactive contamination, chemical, biochemical or electromagnetic weapons; (e) acts of terrorism; (f) cases of lockdown and similar, provisions by the Authorities, any other cause of force majeure beyond the control of De Francesco Casa d'Aste e Galleria S.r.l. 10.1 Any dispute by the winning bidders - buyers, to be decided first of all in a scientific manner by a consultant from De Francesco Casa d'Aste e Galleria S.r.l. and an expert of equal qualification designated by the successful tenderer/purchaser, must be asserted in writing by registered mail to be received within the essential deadline of fifteen days from the award. Once this deadline has elapsed, all liability of De Francesco Casa d'Aste e Galleria S.r.l. will cease. A complaint recognized as valid by De Francesco Casa d'Aste e Galleria S.r.l. leads to simple reimbursement by De Francesco Casa d'Aste e Galleria S.r.l. of the sole sum actually paid as auction fees (art.13) by the successful bidder/purchaser and collected by De Francesco Casa d'Aste e Galleria S.r.l., against the necessary return of the disputed lot in the same state of fact and law of the moment of the award, any other claims of the successful bidder/purchaser towards De Francesco Casa d'Aste e Galleria S.r.l., for any reason, are excluded and waived as of now. It is understood that the successful tenderer/buyer will be able to assert any further claims and rights directly against the seller, including the refund of the hammer price paid (to this end, upon request of the buyer, De Francesco Casa d'Aste and Galleria S.r.l. will be able to provide the name and contact details of the seller). 10.2 In the event of disputes founded and accepted by De Francesco Casa d'Aste e Galleria S.r.l. in relation to artfully falsified objects, provided that the buyer is able to return the lot free from claims or any demand from third parties and the lot is in the same condition in which it was on the date of sale, De Francesco Casa d 'Aste e Galleria S.r.l. may, at its discretion, cancel the sale and reveal the name of the seller to the successful bidder who requests it, giving prior notice to the latter. Also in this case, given the necessary return of the contested lot in the same factual and legal state at the time of the award, De Francesco Casa d'Aste e Galleria S.r.l. will return to the successful bidder only the sum actually paid as auction fees (art. 13) and collected by De Francesco Casa d'Aste e Galleria S.r.l., excluding and waiving any other claims of the successful bidder towards De Francesco Casa d'Aste and Gallery S.r.l. It is understood that the successful bidder will be able to assert solely and directly against the seller any further claims and rights, including the refund of the hammer price paid (to this end, upon request of the buyer, De Francesco Casa d'Aste e Galleria S.r.l. will be able to provide the name and contact details of the seller). De Francesco Auction House and Gallery S.r.l. will not refund the buyer if the description of the lot in the catalog conforms to the generally accepted opinion of scholars and experts on the date of the sale or indicates the authenticity or attribution of the lot as controversial, as well as if on the date of publication of the lot the counterfeiting could only be ascertained by carrying out analyzes that were difficult to carry out, or whose cost was unreasonable, or which could have damaged or in any case led to a decrease in the value of the lot. 10.3 For ancient and 19th century paintings, only the era in which the attributed author lived and the school to which he belonged are certified. The works of the 20th and 21st centuries (modern and contemporary art) are usually accompanied by certificates of authenticity and other documentation expressly mentioned in the relevant data sheets. No different certificate, appraisal or opinion, requested or presented after the sale has taken place, can be used as a reason for contesting the authenticity of such works. Furthermore, any dispute relating to the frames is excluded, where they are presented as merely part of a painting and therefore without independent value. In these cases, any risk and danger in this regard is exclusively borne by the buyer. 10.4 All information on metal hallmarks, carat weight and weight of gold, diamonds and colored stones are to be considered purely indicative and approximate and De Francesco Casa d'Aste e Galleria S.r.l. cannot be held responsible for any errors contained in the aforementioned information and for artful falsification of precious objects. De Francesco Auction House and Gallery S.r.l. does not guarantee the certificates that may be included with the jewels carried out by independent gemological laboratories, even if references to the results of such tests may be cited for information purposes for buyers. 10.5 With regards to books, manuscripts, prints and other paper goods, we do not accept complaints relating to damage to the binding, stains, worm holes, trimmed papers or tables and any other defect that does not affect the completeness of the text and/or the illustrative apparatus; nor for lack of indexes of tables, blank sheets, insertions, supplements and appendices subsequent to the publication of the work. In the absence of the acronym ?O.C.? it is understood that the work has not been collated and its completeness is therefore not guaranteed. 11.1 Customers undertake to provide a copy of their identity document and all necessary and updated information to allow De Francesco Casa d'Aste e Galleria S.r.l. to fulfill the customer due diligence obligations, pursuant to and for the purposes of the art. 22 Legislative Decree no. 231/2007 (Anti-Money Laundering Decree). The completion of the operations will be subject to the release by the customers of the information required for the fulfillment of the aforementioned obligations. As required by the art. 42 Legislative Decree no. 231/07, therefore, De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to abstain and not conclude the transaction in the event of objective impossibility of carrying out adequate customer verification. 11.2 The data provided by those who will participate in the auction are processed in accordance with current legislation on the protection of the confidentiality of personal data (so-called Privacy), as per the specific information released by De Francesco Casa d'Aste e Galleria S.r.l. Pursuant to art. 13 of EU regulation 679/2016 (GDPR), De Francesco Casa d'Aste e Galleria S.r.l., in its capacity as data controller, informs that the data provided will be used, by paper and electronic means, in order to be able to give full and complete execution of the contractual obligations between the parties, of the purchase and sale contracts stipulated by the same company, as well as for the pursuit of any other service inherent to the corporate purpose of De Francesco Casa d'Aste e Galleria S.r.l. To execute the contracts, the provision of data is mandatory, while for other purposes it is optional and will be requested with appropriate methods. To view the extended information, please refer to the privacy policy on the website www.defrancescoaste.it. Registration for auctions allows De Francesco Casa d'Aste e Galleria S.r.l. - unless the interested parties opt out - to send the catalogs of subsequent auctions and other information material relating to the activity of the same. Any communication relating to the sale must be made by certified email or registered letter with return receipt. addressed to: De Francesco Auction House and Gallery S.r.l. vico della noce a fonseca 1, 80135, Naples (NA). 12.1 The export of a batch from the territory of the Italian Republic may be subject to the issue of a free circulation certificate or an export license, pursuant to the provisions of the articles. 68 et seq. of Legislative Decree 22 January 2004, n. 42 (Urban Code). The Purchaser will be required, for the lots subjected to the declaration of cultural interest procedure (so-called "notification") pursuant to articles. 13 et seq. Legislative Decree n. 42/2004, to comply with all the provisions of the law and any other applicable special legislation, including in customs, currency, tax and protected species matters. It is the exclusive responsibility of the participants in the auction and of the Buyer to verify any restrictions on the circulation and/or export of the lot of their interest and in any case of the lot awarded, or any licenses or certificates required by law, in Italy and in the country of destination , as well as providing for any formalities and legal obligations required for the circulation and/or export of the awarded lot, with express exemption from any possible obligation and/or liability on the part of De Francesco Casa d'Aste e Galleria S.r.l. 12.2 Failure to issue or delay in issuing the free circulation certificate and/or export license cannot constitute a cause for termination or cancellation of the sale, nor justify the failure or delayed payment by the Buyer of the Amount due. 12.3 Upon request and at the expense of the Buyer, De Francesco Casa d'Aste e Galleria S.r.l. may agree to submit the declaration to obtain the free circulation certificate and/or the export license, provided that the Buyer has already paid the amount due. The amount that the Buyer must pay to De Francesco Casa d'Aste e Galleria S.r.l. for the submission of the complaint it amounts to ?150.00 (plus VAT and any transport costs), for each work covered by the complaint. In any case De Francesco Casa d'Aste e Galleria S.r.l. does not assume any responsibility, obligation or guarantee regarding the success of the relevant procedure and the release of what is requested by the Buyer. 12.4 Each lot offered for sale at auction may have already been the subject of a declaration of cultural interest by the Ministry of Cultural Heritage and Activities and Tourism pursuant to art. 13 of the Urbani Code. In this case - or in the case in which the procedure for declaration of cultural interest has been initiated in relation to the lot pursuant to art. 14 of the Urbani Code - De Francesco Casa d'Aste e Galleria S.r.l. will communicate this in the catalog and/or through an announcement from the auctioneer before the lot is offered for sale. In the event that the lot was the subject of a declaration of cultural interest prior to the award, the Seller will report the sale to the competent Ministry pursuant to art. 59 Urbani Code. The sale will be conditional on the failure of the competent Ministry to exercise the right of pre-emption within sixty days from the date of receipt of the complaint, or within the greater of one hundred and eighty days referred to in the art. 61 paragraph II of the Urbani Code. Pending the deadline for exercising pre-emption, the lot cannot be delivered to the Buyer based on the provisions of the art. 61 of the Urbani Code. In any case, it is understood that any declaration of cultural interest (or even just the initiation of the relevant procedure) that may occur subsequent to the award cannot invalidate or invalidate the award, nor the obligation to pay the total amount. and in general the sale of the lot. 12.5 The lot marked with the ??? symbol is under temporary customs importation. It is subject to VAT (according to law) on the hammer price only for buyers resident in the E.U. The closure of the temporary customs import costing ?300 is the responsibility of the Buyer. De Francesco Auction House and Gallery S.r.l. is not responsible for bureaucratic deadlines. 12.6 The lot marked with the ?#? symbol is for temporary artistic importation. 13.1 If due, the payment of the so-called ?resale right? (introduced by Legislative Decree 13 February 2006, n. 118, implementing Directive 2001/84/EC) will be paid by the Seller. 14.1 Cites certificates are valid only on the territory of the European Union. Ivory goods, even if they have the aforementioned certificate, cannot be exported outside the territory of the European Union. 14.2 Regardless of obtaining a certificate or export license pursuant to art. 68 et seq. of the Urbani Code, all lots consisting of or containing parts of plants or animals (e.g. whale bones, crocodile, coral, turtle), regardless of age and value, may require a license or certificate before sale. export and/or additional licenses and/or certificates for import into non-EU countries. Obtaining an import license or certificate does not guarantee obtaining an export license or certificate and vice versa. De Francesco Auction House and Gallery S.r.l. advises potential buyers to check their laws regarding the requirements necessary for imports into their country of goods made from or containing protected species. Before making any offer, it is the Buyer's responsibility to ensure that he can obtain such import or export licenses/certificates, as well as any other required document, with express exemption from any obligation and/or liability on the part of De Francesco Casa d' Auctions and Gallery S.r.l. To register for the auction you must send a copy of your valid identity card to info@defrancescoaste.it. Otherwise, it will not be possible to register for the auction. De Francesco Auction House and Gallery S.r.l. reserves the right to refuse or revoke auction registration at its sole discretion. The process for making an offer via the Site and/or the Platform is instant; the offer is sent as soon as the bidder clicks the relevant button and is final. By submitting an offer online via the Site and/or the Platform you accept that the offer is final and that it is not possible to modify or revoke it in any way. Furthermore, pursuant to article 59, paragraph 1, letter m) of the Consumer Code, if the auction sales contract is concluded with a bidder who has formulated an online offer via the Site and/or the Platform and can be qualified as a consumer on the basis of art. 3, paragraph 1, letter. a) of the Consumer Code, the Buyer will not have the right of withdrawal, as the sales method used is a public auction, as defined by the art. 45, paragraph 1 letter o) of the Consumer Code. If the offer sent to De Francesco Casa d'Aste e Galleria S.r.l. is the highest, Buyer irrevocably agrees to pay the entire purchase price, including purchase commissions and all applicable taxes and any other charges. 16. These Conditions of Sale are governed by Italian law and are fully accepted, without any reservation, by all parties participating in the auction (even remotely, via telephone, via internet, via applications). In the event of translation of the Conditions of Sale into another language, the Conditions of Sale in the Italian text will prevail and remain valid and binding. For any dispute relating to the auction sales activity at De Francesco Casa d'Aste e Galleria S.r.l. the exclusive jurisdiction of the Court of Naples is established, any other court excluded. Those who place bids via the Site and/or the Platform are responsible for their knowledge of all communications and announcements made during the auction. All communications made will be read by the auctioneer, at the beginning, if applicable, or during the auction, before the relevant lot is offered for sale. De Francesco Auction House and Gallery S.r.l. recommends that those who place offers via the Site and/or the Platform authenticate by logging in at least ten minutes before the start of the auction to ensure that they listen to all communications made by the auctioneer at the start of the auction. All communications of changes relating to the offer for sale of the lot ("sale room notices") and in-room announcements made by the auctioneer are part of these Conditions and the General Conditions of Sale. De Francesco Auction House and Gallery S.r.l. reserves the right to refuse or revoke permission to bid online through the Site and/or the Platform, as well as to revoke bidding privileges during an auction. The winning bidders of the lots will receive a confirmation of the award and the account statement in relation to their purchase after the sale. 22.1 De Francesco Auction House and Gallery S.r.l. will not be responsible for any errors or malfunctions in the submission of offers via the Site and/or the Platform, including, but not limited to, errors or malfunctions caused by: (i) a loss of connection to the Internet or the Site's software and/or the Platform by De Francesco Casa d'Aste e Galleria S.r.l. or the customer; (ii) a malfunction or problem with the software of the Site and/or the Platform; or (iii) a failure or problem with the customer's internet connection, mobile network or computer. De Francesco Auction House and Gallery S.r.l. is therefore not responsible for any inability to formulate an online offer or for any errors or omissions in relation to it. Participation in the auction via the Site and/or the Platform therefore takes place at the exclusive risk of the bidders and potential buyers, who assume all risk and responsibility for the receipt and success of the bids formulated and/or to be formulated. 22.2 De Francesco Casa d'Aste e Galleria S.r.l. does not assume any responsibility towards the buyer in relation to any restrictions on the export of the awarded lots, nor in relation to any procedures, licenses or certificates that the same must obtain under Italian legislation. 22.3 The estimated values indicated in the catalog are expressed in euros and constitute a mere indication and cannot determine any confidence in the bidders and successful tenderers. These values may be equal to, higher than or lower than the reserve prices of the lots agreed with the sellers.