Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
€0€20
€500€50
€1,000€100
€2,000€200
€5,000€500
€10,000€1,000
€20,000€2,000
€50,000€5,000
€100,000€10,000
€200,000€20,000
Preview
22 and 23 November 2016
Palazzo Crivelli Via Pontaccio 12
Milano, 20121
Italy
Buyer's Premium
- 25%
Terms & Conditions
Sale conditions
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 powers of 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 prospective buyers and are
expressed in Euro: the base 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 an exhibition 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 pre-screen the status of each batch,
performing all checks deemed necessary, with the 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 state 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, on request,
condition reports on the status of each batch.
1.6 All 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 the awarded 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
responsible 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 Except as required by sections 1.7 and 1.8, any liability of Il Ponte to 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 by the Buyer is limited to the Hammer Price and the buyer's premium
paid to Il Ponte by the Buyer.
1.10 The stroke of the auctioneer's hammer determines the acceptance of the highest bid and the
price at which a lot is awarded by the auctioneer to the Buyer. The stroke of the auctioneer's
hammer also determines the conclusion of the sales 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 mode (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 award of a lot, 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 participation in the
auctions; in particular, Il Ponte may refuse to allow any potential buyer who has not fulfilled his
prior obligations in a timely fashion to Il Ponte, even by way of compensation, to participate in
the auction.
2.7 The auctioneer conducts the auction by starting from the bid he considers suitable. The
auctioneer can make consecutive offers or respond to other offers 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 put up for auction on any day prior to the
one indicated in the auction catalogue.
2.9 In regard to every 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 it will return once the auction has ended.
3 Bids in the auction room
3.1 To participate in the auction in the auction room itself, it is necessary to have the appropriate
numbered paddle, which is issued at the registration desk by the staff of Il Ponte following the
completion of the auction registration form and the presentation of an identity document of the
potential buyer. Bids valid for the awarding of the lot are made 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 prospective 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 award of the lot, the Buyer shall sign an award report.
3.4 Each lot awarded in the auction room will be invoiced on the basis of the personal information
and address provided when the numbered paddle is consigned.
3.5 It is possible to participate in the auction as a representative of a third person. The
representative, 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
representative; if the principal is a company, the proxy must be signed by the legal representative
thereof or by an agent with signing authority, whose identity document and tax code must be
attached to the proxy. In any case, Il Ponte has the right to prevent the representative from
participating in the auction when, at its sole discretion, it deems that the power of representation
has not sufficiently been demonstrated.
3.6 Under no circumstances will bids be accepted in an amount greater than the maximum
specified limit for a given lot be accepted or bids with ?subject to inspection? as an attached
condition.
4 Bids submitted in writing
4.1 Written offers may be submitted by completing the ?Form for Bids submitted in writing and
by telephone? (Form) annexed to the auction catalogue or available for download from
www.ponteonline.com (Website).
4.2 The form must be sent to Il Ponte at least 24 hours before the start of the auction: either 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
enclosing the required documentation specified in the Form; in the absence of the required
documentation, Il Ponte does not guarantee that it will give effect to the bids indicated in the
Form. Il Ponte will give effect only to bids equal to or greater than 80% of the minimum estimate
indicated in the catalogue with respect to the lot for which the bid is submitted.
4.3 Written offers 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 award the lot for which a written bid was submitted at
the lowest possible Hammer Price. The amounts specified in the Form will be understood 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 object 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 Il Ponte via email that he has been
awarded the lot; in any case, each potential buyer is invited to contact Il Ponte at the numbers
indicated in Article 16 to check if his offer proved to be the highest.
4.7 In the case of a written bid and any bid for the same amount made in the auction room, by
telephone or online, these latter bids shall prevail with respect to the written offer.
4.8 Pursuant to Article 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 classified as a
consumer under Article 3, paragraph 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 Article 45,
paragraph 1, letter o) of the Consumer Code
5 Bids submitted by telephone
5.1 By filling out and submitting the Form, a potential buyer can participate in the auction by
making 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 the Website or in the auction catalogue), in all cases enclosing
the required documentation specified in the Form.
5.3 Following the receipt of the properly completed Form, Il Ponte will contact the potential buyer
at the phone number indicated in the Form before the auction 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 responsible in any way for any delay in or failure to execute telephone orders
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 to Article 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 classified
as a consumer under Article 3, paragraph 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 Article
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 the Website 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? available on the Website 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 to Article 59, paragraph 1, letter m) of the Consumer Code, if the auction sale contract
is concluded with a Buyer who has made an online bid, and he may be classified as a consumer
under Article 3, paragraph 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 Article 45, paragraph 1,
letter o) of the Consumer Code.
7 Payment
7.1 In the event a lot is awarded, 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 offices of Il Ponte in Milan,
Via Pontaccio 12) or 31% (if the auction was held at the offices 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 awarded) (Amount Due).
7.2 The Buyer is obliged to pay the Amount Due no later than ten days from the day following the
date of the award.
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 demand performance or to terminate the sale pursuant to
Article 1456 of the Civil Code, giving written notice to the Buyer, without prejudice in any case to
compensation for any damages. Il Ponte will also be allowed to place the lot in the custody of a
third party or, alternatively, to deposit the lot in its own custody and charge the Buyer ? 10.00
per day for storage, in all cases at the Buyer's risk and expense.
7.5 Each lot can be paid by certified 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: Mon-Ven.
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 lot number.
7.9 Il Ponte can?t accept single or multiple payments in cash exceeding ? 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 assume the obligation to arrange for shipment of the lot awarded, 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 the Amount
Due is paid.
8.3 If the Buyer fails to collect the lot within this time, Il Ponte has the right to demand
performance and, failing that, to place the lot in the custody of a third party or, alternatively, to
deposit the lot in its own custody and charge the Buyer ? 10.00 per day for storage, in all cases
at the Buyer's risk and expense.
8.4 In the event that the Buyer entrusts the collection of the lot to a third party, said party must
be provided with the written authorization of the Buyer as well as a photocopy of the identity
document of both the delegator and his delegate.
8.5 At the express request of the Buyer, Il Ponte can arrange, at the expense and risk of the Buyer,
for the packaging, transport and insurance of the lot, on the condition that prior notice and written
acceptance by the Buyer of any expenditure is provided. The shipping may be carried out by a
driver hired by Il Ponte, in accordance with the instructions of the Buyer, or else hired directly by
the Buyer, on the basis of an agreement between all parties.
8.6 In the event of death, disqualification, incapacitation or termination, for any reason, of the
Buyer, duly communicated to Il Ponte, it is agreed that Il Ponte will deliver the lot on the basis of
an agreement between all the successors 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 starting
the day after ten (10) days have passed from the award of the lot.
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 responsible for any loss or damage: (i) that occurred as a result of
any action (including restoration, work on frames and cleaning operations) taken 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 award, a lot turns out to be a counterfeit, Il Ponte will reimburse any Buyer who
has requested termination of the sales contract - subsequent to 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 inducing
him to believe that the lot is counterfeit, of the lot number, the date of the auction at which 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 it was in 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 forgery.
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 unworkable, 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, by counterfeiting is meant, 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 counterfeiting.
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 movement 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
movement 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 non-issue or the delay in issuing the certificate of free movement and/or the export
license may not be a cause for the termination or annulment of the sale, nor justify the nonpayment
or delay in payment on the Buyer's part of the Amount Due.
11.3 At the request and expense of the Buyer, Il Ponte can submit the declaration to obtain the
certificate of free movement and/or the export license, provided that the Buyer has already paid
the Amount Due. The fee Il Ponte charges to the Buyer for presenting the declaration is ? 150.00
(plus VAT) for each work for which a declaration is made.
11.4 Each lot offered for sale at the auctions 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 process of declaring its cultural interest pursuant
to Article 14 of the Urbani Code has commenced - Il Ponte will communicate as much in our
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
award, the Seller will report the sale to the competent Ministry pursuant to Article 59 of the
Urbani Code. The sale is subject to suspension if the relevant Ministry exercises the right of preemption
within sixty days of receipt of the declaration, or within a period greater than one
hundred and eighty days, pursuant to Article 61 paragraph II of the Urbani Code. During the
period prescribed for the exercise of the right of pre-emption, the lot cannot be delivered to the
Buyer, on the basis of the provisions of 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 issue of a license or a certificate for import does not guarantee the the issue 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 whose actions do not have purposes related to business,
commercial, craftsmanship 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 which 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 use the Legal Guarantee, therefore, the consumer must first give proof of the date of the
award and of the delivery of the lot. The consumer, to be able to provide this proof, should
therefore conserve all documentation suitable to attesting the award (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 does conform 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 solution 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
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
To ask questions, send information, request assistance or make complaints, please contact 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 respond 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.
However, consumers who do not have their habitual residence in Italy may be governed by more
favourable and mandatory provisions of laws of the country where they 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 case to 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 (so-called 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 that 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 can be consulted 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 option does prejudice in any case 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,
whatever the outcome of the out-of-court dispute settlement procedure relating to consumer
relations through recourse to the procedures under 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 European Small Claims Procedure established by Regulation (EC) No.
861/2007 of 11 July 2007, provided that the amount in 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.
PRIVACY POLICY pursuant to Article 13 of Legislative Decree 30 June 2003 no. 196
(Privacy Code)
1. This information is provided for auctions organized 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, acting as Data Processor (Il Ponte). This
information is intended for all those wishing to attend and participate in an auction organized by
Il Ponte (telephone +39 02.863141 - offices in Via Pontaccio 12 - or +39 02.8631472 - offices in
Pitteri 8/10 - phone numbers are not free of charge, the maximum cost of fixed-line calls with
major domestic telephone operators amounts to ? 0.1449 per minute, including VAT, with no
initial connection fee; the cost of calls with mobile network operators depends on the operator;
phone service is available 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); email direzione.generale@ponteonline.com.
2. Il Ponte will process the personal data provided by auction participants for the following
purposes: (a) for purposes of registration for the auction and the formulation of bids on lots for
sale; (b) to allow Il Ponte to execute correctly the transactions related to the award of the lot as
well as for the legal and administrative requirements related to the award; (c) to fulfil the requests
of an auction participant; (d) for administrative and accounting purposes related to auction
registration and the award of a lot as well as to fulfil legal obligations; (e) with prior express
consent, for sending - via email and/or traditional mail - promotional messages from Il Ponte
(including the newsletter) about auctions or initiatives organized by Il Ponte; (f) for statistical
purposes.
3. The processing of the personal data of auction participants will be mainly carried out by means
of electronic or other automated systems in an appropriate manner and with tools that ensure the
security and confidentiality of the data, in accordance with the provisions of the Privacy Code. In
particular, all necessary technical, informational, organizational, logistical and procedural security
measures will be taken to guarantee the minimum level of data protection required by law,
allowing access only to persons given responsibility for data processing by the Data Processor or
by managers, if given that responsibility by the Data Processor. The information acquired and
methods of processing will be relevant and proportionate to what is necessary for the type of
services provided.
The data will also be managed and protected in specific areas, access to which is kept under
constant control.
4. Payment for an awarded lot can also be made by credit or debit card at the offices of Il Ponte
where the auction was held. The credit or debit card data will be acquired by the payment service
provider who will act as an autonomous Data Controller. Il Ponte will not process this information
in any way.
5. Sensitive or judicial data are not processed by Il Ponte.
6. The provision of data for the purposes referred to in points (a), (b) and (d) of Article 2 is entirely
optional. However, since the processing of this data is necessary for registration for the auction
and for making bids, the refusal to provide such data will make it impossible to register for the
auction and submit bids.
In addition, participants in the auction to whom a lot is awarded will have to provide additional
personal information with respect to what was required for registration, specifically, the address
where the participant wishes the awarded lot to be delivered. The processing of this personal
data is necessary in order to perform certain tasks subsequent to the award and the failure to
provide the data requested by Il Ponte will make it impossible to execute these tasks.
The provision of data for the purposes referred to in point (c) of Article 2 is entirely optional.
However, since this processing is necessary in order to respond to requests from those who intend
to participate or have already participated in an auction, the refusal to provide the data in
question will make it impossible for Il Ponte to respond to their requests.
With reference to the purpose of the processing referred to in point (e) of Article 2 (so-called
?marketing? purposes), consent to the processing of personal data is entirely optional. Failure to
give consent will have no consequences on the possibility of registering for an auction and making
bids therein. Failure to consent to the processing of personal data for the purposes of point (e)
of Article 2 will make it impossible to receive promotional communications from Il Ponte (including
newsletters) related to auctions or other initiatives organized by Il Ponte.
Consent given for the purposes described in point (e) of Article 2 (so-called ?marketing? purposes)
can be revoked by contacting Il Ponte at the addresses given in Article 1, or via the specific link
at the bottom of any email with promotional content sent by Il Ponte. The revocation manifested
in these ways will extend also to any correspondence sent by post.
7. The personal data provided for the purposes described in Article 2 above may be brought to
the knowledge of, or communicated to, the following subjects: (a) employees and/or partners of
Il Ponte who act as Data Processor and persons in charge of data processing, in order to carry out
administrative and accounting tasks and provide IT and logistical support; (b) the companies that,
on behalf of Il Ponte, send the promotional communications and newsletters issued by Il Ponte;
(c) all public and/or private entities, individuals and/or companies (legal, administrative and tax
offices), if such disclosure is necessary or appropriate for the proper fulfilment of the contractual
obligations assumed by Il Ponte and the obligations imposed by law; (d) to shippers and to those
in charge of the transportation of the lot awarded; (e) all subjects (including public authorities)
who have access to the data on the basis of legislative or administrative measures.
No personal data provided in connection with auction registration and/or the award of a lot are
subject to disclosure. The updated list of the Data Processor and the persons in charge of
processing can be consulted at the offices of the Data Processor.
8. Personal data will be kept for the period of time allowed by law and the requirements of the
Authority for the Protection of Personal Data, with respect to each processing purpose.
In any case, it is understood that personal data will be stored and processed for the purposes
referred to in point (e) of Article 2 above for the period of time allowed by law and the
requirements of the Authority for the Protection of Personal Data. Before this period has ended,
Il Ponte may request renewal of consent to the processing of personal data for these purposes or
render them anonymous and store them only for statistical purposes.
9. Under Article 7 of the Privacy Code, by sending a request to the Data Processor at the contacts
provided in Article 1, anyone who participated or attempted to participate in an auction has the
right to:
a) obtain confirmation as to whether or not personal data concerning him exists, and to receive
communication thereof in an intelligible form;
b) obtain information about:
- the origin of this personal data, the purposes and methods of data processing, the logic applied
in the event of processing carried out by means of electronic instruments;
- the identity of the Data Processor;
- the persons or classes of persons to whom the data may be communicated or who may become
aware of them in the role of an appointed representative within the national territory, managers
or agents;
c) obtain:
- the updating, rectification and integration of the data concerning him;
- the cancellation, the transformation into an anonymous form or the blocking of data processed
unlawfully, including data that must be kept for the purposes for which the data were originally
collected or subsequently processed;
- certification that the operations in points a) and b) above have been notified ? including their
contents ? to those to whom the data was communicated or disseminated, unless this
requirement proves to be impossible or involves the use of means that are manifestly
disproportionate to the protected right.
d) object, in whole or in part:
- for legitimate reasons, to the processing of personal data that concerns him, even if related to
the mere purpose of data collection;
- to the processing of personal data concerning him for the purposes of providing commercial
information or sending advertising materials or information related to direct sales or for carrying
out market research or commercial communications.
The right to object to the processing of personal data for the purposes of point (e) of Article 2 (socalled
?marketing? purposes) exercised via email also extends to traditional mail, without
prejudice to that person's faculty to exercise this right in part, pursuant to Article 7, paragraph 4,
letter b) of the Privacy Code, that is to say, by way of example, consent can be denied only for the
dispatch of promotional communications via email.
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