TERMS & CONDITIONS
1) Bolli&Romiti acts as an agent on an exclusive
basis in its name but on behalf of each seller,
according to article 1704 of the Italian Civil Code.
Sales is meant to be concluded between the
seller and the buyer, therefore Bolli&Romiti is only
responsible towards the buyer or other parties for
what concerns its agent activity. All responsibilities
pursuant to art. 1476 and following the Italian Civil
Code are taken on the seller. Items are sold to the
highest bidder and sales are meant to be in ?cash?.
The auctioneer?s hammer coming down defines
the end of the bidding and the execution of the
contract between seller and buyer.
2) Properties on sale could be antique secondhand
goods. Therefore, the definition reported
under clause 3 letter ?e? of the Italian Consumer?s
Code (D.lgs. 6.09.2005, n. 206) is not applicable.
The selection of the items to include in a particular
auction is exclusively made by Bolli&Romiti, that will
guarantee the identification of the most adequate
auction to achieve the highest price for sellers?
properties.
3) Before the auction, Bolli&Romiti puts most
of the lots from its sales on public display. The
presale exhibitions are aimed at allowing a deep
evaluation of authenticity, attribution, condition,
provenance, origin, date, age and quality of the
lots, with the purpose to clarify any possible
puzzlement or inaccuracy in the catalogue.
Bolli&Romiti experts will be pleased to provide
prospective bidders any additional information,
backed-up by the documentation available. Any
opinion or Condition Report which Bolli&Romiti
may produce does not reflect an exhaustive
description and some restorations or imperfections
may not be mentioned; our experts? statements
are purely subjective and do not substitute a
direct examination by the prospective buyer. In
fact, the descriptions included in the catalogues
are simply indications reflecting personal opinions
and we encourage potential buyers to inspect
each item carefully before bidding. Once the sale
is concluded, no claim regarding restorations,
defects and catalogue mistakes will be admitted.
Mechanical and electrical goods (clocks, lamps,
automat, etc.), are considered for their aesthetical
value only; Bolli&Romiti does not guarantee that
they are in working order.
4) Bolli&Romiti offers all items for sale at auction ?as
is?, meaning that properties are sold with all existing
faults and imperfections as cracks, restorations,
lacks or substitutions. Such defects, even if not
explicitly reported in the catalogue, cannot be
contested in a dispute after the sale. Antiquities,
for their own nature, may have been restored or
modified (e.g. overpainted) and complaints related
to such interventions cannot be accepted.
5) Descriptions and illustrations in the catalogues
or in any other visual material are exclusively
meant to identify the items and reflects opinions,
therefore they can be modified before the auction.
Concerning the catalogue, Bolli&Romiti is not
responsible for mistakes and omissions that may
occur, nor counterfeiting can be supposed, since
there is no implicit or explicit guarantee regarding
the items on sale. Illustrations in the catalogue
should not be considered exact representations of
the state of preservation of the properties.
6) XX and XXI century artworks (Modern and
Contemporary art) are usually followed by
certificates of authenticity and other documents
provided by official foundations, archives or other
entities, properly reported in catalogue. No other
certificate, appraisal or opinion requested or
presented after the sale will be considered as valid
grounds for objections regarding the authenticity of
any artwork.
7) All the information regarding hall-marks of
metals, carats and weight of gold, diamonds and
valuable gems must be considered as purely
approximate; Bolli&Romiti is not responsible for
possible mistakes or falsification of valuable items
nor for their authenticity certificates. Bolli&Romiti
does not guarantee authenticity certificates issued
by independent gemmological laboratories, even if
the presence of such references is reported in the
catalogue.
8) Concerning books, successful bidders are not
entitled to dispute any damage (e.g. bindings,
foxing, wormholes, trimmed pages or plates or
any other defect) not affecting the integrity of
texts and/or illustrations, nor missing indices of
plates, blank pages, insertions, supplements and
additions supposed to be subsequent to the date
of publication of the work can be disputed.
9) Any dispute regarding knocked down items will
be handled by, on one hand, Bolli&Romiti experts
and, on the other end, a qualified expert appointed
by the party involved. A registered return mail must
be submitted within fifteen days from the bid; no
dispute after this period will be admitted. If the
complaint reveals to be legitimate, the successful
bidder will be refunded upon the return of the
item, excluding any other pretence or expectation.
If, within three months from the discovery and no
later than five years from the sale, the buyer claim
the fact the item sold is a fake, if the buyer returns
such item free from third party rights and in the
same conditions as it was at the time of the sale,
Bolli&Romiti shall be entitled, at its discretion, to
nullify the sale and disclose to the buyer the name
of the seller, giving prior notice to him. Making
an exception to the conditions above mentioned,
Bolli&Romiti will not refund the buyer if the
description in the catalogue was generally shared
among scholars and experts at the time of the sale
or if the authenticity or attribution of the lot was
said controversial, and if, at the time of the auction,
the forgery could have been recognized only by
complex or expensive examination, or by analyses
that could have damaged the object or reduced its
value.
10) The auctioneer may accept absentee bids
from those who cannot or do not wish to attend
an auction. Telephone bids may or may not be
accepted according to irrevocable judgment of
Bolli&Romiti and submitted to the auctioneer at the
bidder?s risk. Phone bids are for free and bidders
accept their phone bids to be recorded. No claim
referring to any mistake concerning written, phone
or live offers, or referring to any non-recorded bid
will be accepted.
11) Properties are knocked down by the auctioneer
to the highest bidder. In case of dispute between
two or more bidders on a particular knocked
down item, the bid must be re-open starting from
the latest registered bid. During the auction, the
auctioneer is entitled to: withdraw a lot, make bids
to reach the reserve price, as agreed between
Bolli&Romiti and the seller, and take any action he
deems suitable to the circumstances, as sum up /
separate lots or change the order of sale.
12) Prospective bidders attending the auction
must be registered presenting an ID and providing
personal information such as current address and,
possibly, bank references or equivalent guarantees.
They will be given a ?personal number? reported on
a paddle. To place a bid, prospective bidders are
invited to raise their paddle until the auctioneer
acknowledges the winner. To pay for the purchase,
winning bidders will need to bring the paddle
to the payments counter. Buyers who have not
provided ID and current address in advance must
do it immediately after a knock down. Bolli&Romiti
reserves the right to deny anyone the participation
to the auction and to reject offers from unknown
or unwelcome bidders, unless a deposit covering
the entire value of the desired lot is raised or an
adequate guarantee is provided. In case of late or
missed payments from a purchaser, Bolli&Romiti is
allowed to refuse any other offer from him or from
a representative of him in the following auctions.
13) The commission paid to Bolli&Romiti by the
buyer is 23% on the hammer price, including VAT.
Any other possible tax or duty is on the buyer.
14) The buyer can make a down payment after the
sale and settle the residual balance within three
working days, before collecting the item(s) at his
risk and expense; anyway, the withdrawal must be
completed within ten days from the knock down.
In case of total or partial non-payment of the due
amount within the deadline, Bolli&Romiti is allowed
to:
a) return the good to the seller and demand from
the buyer the payment of the commission;
b) act in order to obtain a compulsory payment;
c) sell the item privately or in a following auction in
the name and at the expenses of the purchaser,
according to art. 1515 of the Italian Civil Code
and possibly asking for a compensation for the
damages.
After ten days from the auction, Bolli&Romiti
is not responsible towards the buyer for any
deterioration or damage of the item(s) and is
entitled to apply storage and transportation fees
to and from the warehouse according to fees
available on request. All risks for items? damage
and/or loss are transferred to the buyer, who is
allowed to withdraw the purchased items upon
the payment, to Bolli&Romiti, of the hammer price
plus commissions and any other fees concerning
the packing, handling, transport and/or storage of
the items.
15) Concerning items subjected to the D.lgs.
22.01.2004 n. 42 (i.e. Codice dei Beni Culturali) and
related regulation, buyers must observe all existing
legislative dispositions but, if the Italian State claims
its pre-emptive right, no reimbursement or interest
on commission on the hammer price already paid
can be expected from Bolli&Romiti or the vendor
by the buyer. The exportation of lots by the buyers,
both resident and not resident in Italy, is regulated
by the above mentioned law and by any other
possible custom, financial and tax rule in force.
The export of items of 70 years old and more is
subjected to the release of an export license from
the competent Authority. Bolli&Romiti does not
take any responsibility towards the purchaser for
any possible export restriction of the items sold,
nor for any possible license or certificate to be
obtained according to the Italian law.
16) Bolli&Romiti Logistics partners can advise
buyers about exportation and shipping of
purchased item/s. For any support please contact
info@bolliromiti.it
17) Concerning the exportation of items of
protected species (e.g. coral, ivory, turtle, crocodile,
whale bones, rhinoceros? horns, etc.), a CITES
export license released by the Ministry for the
Environment and the Safeguard of the Territory
must be released. Prospective bidders are asked
to get all the necessary information concerning
the laws on these exports in the countries of
destination.
18) The ?Droit de Suite? or Artist Resale Right is due
by the seller (Italian State Law n. 663, clause 152,
April 22nd, 1941, replaced by Decree n. 118, clause
10, February 13th, 2006).
19) Evaluations reported in the catalogue are in
Euros and represent a mere approximation. These
values can be equal, higher or lower to the reserve
price agreed with the sellers.
20) These Conditions of Sale, regulated by the
Italian law, are silently accepted by anyone who
is willing to take part in the auction and are at
everyone?s disposal. All controversies concerning
the sales activity at Bolli&Romiti are regulated by
the Court of Rome.
21) According to art. 13 D.lgs. 196/2003 (Privacy
Code), the personal information submitted to
Bolli&Romiti both in soft or hard-copy will be
used to execute the sales contracts and the
other activities concerning the social object of
Bolli&Romiti. The provision of personal data is
optional but it is fundamental for the execution of
the contracts. The registration at the auctions gives
Bolli&Romiti the opportunity to send its customers
the catalogues of the following auctions and keep
them update about any other initiative.
22) Any communication regarding the auction must
be done by registered return mail addressed to:
Bolli&Romiti S.r.l.
Viale Angelico, 78, 00195 - Rome, Italy
