CONDITIONS OF SALE
Taking part in an Auction implies the entire and unconditional acceptance of the Conditions
of Sale outlined in this Catalogue. Bidders are required to read carefully the section
of the Catalogue containing the purchase terms of the Lots for sale by WANNENES
ART AUCTIONS.
ESTIMATES
Beside each Lot description in the Catalogue there is an indication of the Estimate for
potential Purchasers. In each case, all the Lots, in light of market interest, may achieve
prices that are either superior to or inferior to the indicated Estimates. The Estimates
published in the Auction Catalogue may be subject to revision and do not include
the purchase commission (buyer’s premium) and VAT.
RESERVE
The reserve price corresponds to the minimum price agreed upon between WANNENES
ART AUCTIONS and the SELLER, beneath which the Lot will not be sold. Lots offered
with no reserve are indicated in the Catalogue with the Estimate in RED and with
the description O.1. These Lots are sold to the highest Bidder independently of the
published Estimates.
VIEWING BEFORE THE AUCTION
Each Auction is preceded by a Viewing which is open, admission free, to the public.
Opening times are shown in the first few pages of this Catalogue. The Viewing enables
all Purchasers to undertake an appropriate examination of the Lots for sale and to verify
all aspects related to the Lot, such as authenticity, state of preservation, materials
and provenance etc.
WATCH AND CLOCK SALES
The descriptions in the catalogue for watches and clocks in relation to preservation
and/or restorations are given as guidelines to the prospective buyer but may under no
circumstance be considered all-inclusive.
The Condition Reports which WANNENES ART AUCTIONS may send, on request of a
prospective buyer, do not reflect an exhaustive description and some restorations or
imperfections may not be mentioned.
Condition Reports are statements of opinion given by our Experts and are purely
subjective and do not constitute a guarantee that may substitute a direct examination
by the prospective buyer.
Prospective buyers should personally inspect the condition of each lot in order
to ascertain its effective state, both from the technical and the aesthetical points
of view.
Lots are sold in their present state and the fact that an imperfection or a restoration
is not mentioned does not imply that the imperfection or restoration does
not exist. Watches, because of their mechanical and functional nature, are normally
used and kept up and possibly repaired, in the course of their existence:
they are examined by the Experts of WANNENES ART AUCTIONS prior to the sale,
but WANNENES ART AUCTIONS gives no guarantee that they are in working
order, free of repairs or in the presence of non-original parts.
Wristwatches in water-resistant cases have been opened to examine their movements:
therefore, WANNENES ART AUCTIONS suggests that such a watch be
controlled by an authorized dealer before using the same in conditions where
water is present.
As concerns quartz movement watches, no information is given about working order
if the battery, at the moment of examination, is discharged.
All documents regarding watches, if not otherwise specified, are not present.
All straps and bracelets, if not otherwise specified, are not to be considered original.
Straps made of organic material are associated with the watch for display purposes only:
prospective buyers are aware that the importation to foreign countries of materials
derived from endangered or otherwise protected species (purely as an example: tortoiseshell,
ivory) are subject to CITES international rules.
Prospective buyers should therefore acquire the necessary information on such restrictions
prior to their participation in the sale for lots containing, even though partially,
materials falling under these rules.
Indications of weight, if included in the Condition Report, are to be considered gross
and purely indicative, as are weights in carats of precious stones, indications of the nature
of precious stones or other precious materials and measures of cases.
PAINTINGS PURCHASE
By participating in the auction, the buyer expressly releases the Auction House from
any liability and / or warranty in relation to the state of preservation of the frames of
the works auctioned until the time of delivery to the buyer.
In particular, the participant declares to be perfectly informed that the frame was neither
an element for the formation of the price nor a decision-making element for the
purchase, considering its presence, or its lack, irrelevant.
The Auction House will be responsible for the state of preservation of the frame only
if it has provided, following a formal request, a condition report (within the limits of the
omitted indication of any significant shortcomings).
STATE OF PRESERVATION
The Lots are sold in their current state. We recommend, therefore, that potential Purchasers
check the state of preservation of the Lots/s, as well as the type of Lot/s being
offered, before the Sale. The Experts of WANNENES ART AUCTIONS will be happy to
provide upon request reports on the state of preservation of the Lots on sale. The descriptions
in the Catalogues merely represent the opinion of our Experts and may be
subject to further revisions that will, in due course, be given to the public during the
Auction.
TAKING PART IN AN AUCTION
Taking part in an Auction may occur by means of the Bidder being present in the Auction Room, or by means of written or telephone Bids that WANNENES ART AUCTIONS will gladly carry out for potential Purchasers. This service is free of charge and, therefore, WANNENES ART AUCTIONS bears no form of responsibility for this service.
WANNENES ART AUCTIONS will, therefore, not be responsible for any Bids inadvertently mislaid or for mistakes in relation to the latter. New Purchasers will have to provide sufficient bank references by means of a Presentation Letter supplied by the Purchaser’s bank to WANNENES ART AUCTIONS, piazza Campetto, 2, 16124, Genoa.
BIDDING IN PERSON
In order to bid in person, potential Purchasers have to register and collect a bidding number by filling out the Bidding Form and providing a valid document of identification and tax code number. All Lots sold will be invoiced to the name and address supplied when collecting the Bidding Number and they will not be able to be transferred to other names and/or addresses. Should a potential Purchaser wish to bid on behalf
of a third party, s/he should inform WANNENES ART AUCTIONS before the beginning
of the Auction.
WRITTEN AND TELEPHONE BIDS
In order to bid by means of written or telephone Bids potential purchasers have to fill
out the Bidding Form in this Catalogue and send it by fax to the number +39 010 2517767 at least SEVEN hours before the beginning of the Auction. Bids must be in euro and do not include Auction commissions and charges and taxation as laid down by the Law. Written Bids are carried out on behalf of the Bidder at the lowest price possible in consideration of the reserve price and the other Bids offered. In the absence of a higher Bid, written Bids undertaken on Lots without a reserve (indicated by the Estimate in RED) will be sold at approximately 50% of the lowest estimate or at the figure
corresponding to the Bid, even though lower than 50% of the lowest Estimate.
Telephone Bids are organised by WANNENES ART AUCTIONS according to the availability
of the telephone lines being used and exclusively for Lots that have a maximum Estimate of at least 500 euro. Telephone calls during the Auction may be recorded. Potential purchasers who bid by telephone consent to the recording of their conversations.
ASTA LIVE
You can bid online going on our website www.wannenesgroup.com – on the on air
sale section and following the instructions
HAMMER PRICE
The Hammer Price indicates that a Sale of a Lot has been made and at that moment
the Purchaser assumes full responsibility for the Lot. As well as the hammer price the
Purchaser has to recognise the commissions (buyer’s premium) to be paid to WANNENES
ART AUCTIONS and the taxes to be paid as laid down by the Law.
PAYMENT
Purchasers have to carry out payment for the Lot/s by 10 working days from the date
of the Auction by means of:
A) Cash payments are accepted up to a maximum amount of 3.000 euro.
B) Italian bank drafts payable to ART AUCTIONS SRL
C) Credit transfer payable to ART AUCTIONS SRL:
UNICREDIT BANCA, Via Dante, 1, 16121, Genoa
SWIFT UNCRITMM - IBAN IT 02 H 02008 01400 000110001195
If paying by bank transfer, the amount received after the deduction of any bank fee
and/or conversion of the currency of payment to euro must not be less than the euro
amount payable, as set out on the invoice
D) Certain credit/debit cards are accepted in some Wannenes offices, with a 3% surcharge
on the total invoice value for foreign cards. Please contact Wannenes for more
information.
WANNENES ART AUCTIONS may, upon agreement with the Seller, offer those Purchasers
it deems reliable the possibility to pay for Lots in instalments. Potential purchasers
who wish to undertake payment by instalments should contact the
Management of WANNENES ART AUCTIONS before the Sale.
COLLECTION OF LOTS
Purchasers must collect the Lot/s by 15 working days from the date of the Auction. At
the end of this span of time, WANNENES ART AUCTIONS will not be responsible either
for the custody of the Lot/s or for any damage that may occur to the Lot/s upon their
removal to an appropriate warehouse. WANNENES ART AUCTIONS will charge the Purchaser
with the costs of insurance and storage as laid down in the Chart available to
Customers in the headquarters of the Company. When collecting the Lot/s, the Purchaser
must provide WANNENES ART AUCTIONS with a valid document of identity.
Should the Purchaser request a Third Party to collect the Lot/s already paid for, the latter
should possess a piece of written permission signed by the Purchaser and a photocopy
of the Purchaser’s document of identity. The Lot/s are given to the Purchaser
or the Third Party only upon payment having taken place. If purchased Lot/s are collected
after the above-mentioned time limit the Auction House may debit the costs
of storage (by month or part of a month) as follows:
100 euro + VAT for Furniture
50 euro + VAT for Paintings
25 euro + VAT for Objects
THE SHIPPING OF LOTS
The Staff at WANNENES ART AUCTIONS will be glad to ship Lots purchased according
to written instructions given by the Purchaser, following payment of the Lot/s concerned.
Shipping will be at the risk and expense of the Purchaser who, by means of a
written communication, will have to subtract WANNENES ART AUCTIONS from any
responsibility concerning such an operation. Furthermore, our Staff is available for evaluations
and advice in relation to the shipping methods employed and insurance of
the Lot/s.
EXPORT OF THE LOTS PURCHASED
The Law Decree no. 42 of January 22nd 2004 regulates the export of cultural heritage
and goods outside the Republic of Italy. The EU Regulation no. 3911/92 of December
9th 1992, as modified by EU Regulation no. 2469/96 of December 16th 1996 and by
EU Regulation no. 974/01 of May 14th 2001, regulates the export of cultural heritage
and goods outside the european Union. In order to export outside Italy cultural heritage
and goods that are over 50 years old need an Export Licence that the Purchaser
has to procure for him/herself personally. WANNENES ART AUCTIONS is not involved
in the procurement of such permits and cannot therefore guarantee the relative issue
of such permits. WANNENES ART AUCTIONS, upon the request of the Purchaser, may
undertake the operations necessary for the granting of the Export Licence according
to the following tarifs:
- euro 250,00 + VAT for each single lot or the first lot of a series of lots
- euro 100,00 + VAT for the stub sequent lots in a series of lots
including form-filling, taxation stamps and photographic (colour) documentation.
Should the above-mentioned authorisation not be granted the Purchase of the Lot/s
is not nullified, neither is the payment of the Lot/s, unless prior agreement with WANNENES
ART AUCTIONS was made before the Auction. With reference to the regulations
contained in art. 8, 1st paragraph, letter B DPR 633/72. Purchasers have to respect
the following procedures should they wish to take the Lot/s outside the european
Union and claim the VAT refund:
The completion of CUSTOMS forms/papers and transport outside the european Union
within three months from the invoice date.
The sending - within the same term - of the ORIGINAL CUSTOMS TAXATION STAMP
OR EQUIVALENT DOCUMENT directly to WANNENES ART AUCTIONS.
THE ARTIST’S RESALE RIGHT
The Artist’s Resale Right has been in force in Italy since April 9th 2006 with the Law Decree
no. 118 (13/02/2006). This represents the right of the Author/Artist (living or deceased
within the previous seventy years) of figurative art works and manuscripts to
perceive a percentage of the sale price of his/her original works upon those sales taking
place following the initial sale of the work/s in question. Resale Royalties will be
charged to the seller where the hammer prise is 3.000,00 euro or more and will not be
superior to 12,500 euro per lot. The amount to be paid may thus be calculated:
4% for the sale price up to 50,000 euro.
3% for the sale price between 50,000,01 and 200,00 euro.
1% for the sale price between 200,000,01 and 350,000 euro.
0.5% for the sale price between 350,000,01 and 500,000,01 euro.
0.25% for the sale price above 500,000 euro.
The Artist’s Resale Right charged to the seller will be paid by WANNENES ART AUCTIONS
to the SIAE (The Italian Society for Authors and Editors) as laid down by the Law.
NOTICE
Every lot with any electric equipment is sold as "not working" and it should be totally
re-conditioned. Wannenes Art Auctions is not responsible for any incorrect, wrong use
of sold lots or for any non-compliance with instructions.
The words “….year…..” or the date cited in the lots description indicates the period
from when the said lot was first produced, unless otherwise specified.
The descriptive image in the catalogue and website might not faithfully represent the
lots at auction. The Auction House always recommends directly viewing the lots before
making any bids. In case it is not possible to directly view the lots in person, a bidder
may request a condition report in order to receive additional and detailed images
of the lot/s. The Purchaser explicitly authorises Art Auctions s.r.l. to use freely and at no
cost the photographs depicting the auction lots for any purpose whatsoever for exemplary
- but not necessarily exhaustive purposes - in terms of publicity, internet usage
or usage by any other means, as well as publication in the Magazine and/or magazines
published by third parties.
TERMINOLOGY AND DEFINITIONS
Affirmations concerning the Author, attribution, origin, period, provenance and conditions
of the Lot/s in the Catalogue are to be considered as the personal opinion of
the Experts and Scholars who may have been consulted and do not necessarily represent
fact.
TITIAN: in our opinion, the work is the work of the artist.
ATTRIBUTED TO TITIAN: in our opinion, the work is probably by the artist, but there
is no absolute certainty.
TITIAN’S WORKSHOP/STUDIO: in our opinion, the work is by an unknown painter
working in the artist’s workshop/studio who may or may not have undertaken
the painting under the artist’s supervision.
TITIAN’S CIRCLE: in our opinion, the work is by an unknown painter who is in some
way connected or associated to the artist, although not necessarily a pupil
of the artist.
STYLE OF/FOLLOWER OF TITIAN: in our opinion, the work is by a painter who was
contemporary or almost contemporary to the artist, working in the same
style as the artist, without being necessarily connected to him by an artistpupil
relationship.
MANNER OF TITIAN: in our opinion, the work has been carried out in the style of
the artist but subsequent to the period of the artist.
FROM TITIAN: in our opinion, the work is a copy of a painting by the artist.
IN THE STYLE OF...: in our opinion, the work is in the style mentioned but from a
later period.
SIGNED – DATED – INSCRIBED: in our opinion, the signature and/or date and/or
inscription are by the artist.
BEARING SIGNATURE – DATE – INSCRIPTION: in our opinion, the signature and/or
date and/or inscription have been added.
The dimensions supplied are HEIGHT first, followed by WIDTH.
GENERAL CONDITIONS OF SALE
Art. 1 The objects may be sold in Lots or individually according to the final opinion of WANNENES ART AUCTIONS (here follows referred to as ART AUCTIONS or AUCTION HOUSE). The Auctions will be held in premises that are open to the public by ART AUCTIONS which acts simply as AGENT in the name and interests of each Seller (the name of the said Seller is written in all the Registers required by
Law). The Sale directly concerns the Purchaser and the Seller. ART AUCTIONS does not assume any responsibility in relation to the Purchaser, the Seller or any Third Party concerned.
Art. 2 The objects are sold to the highest Bidder for cash. Should any disputes arise among more than one Purchaser, the Auctioneer (his/her decision is final) will put the object up for sale once more so it can be purchased again in the same Sale. In each case, the Purchasers who disputed the former Sale of the object in question are still bound by the initial Bid (which gave rise to the subsequent Sale of the object). Should the subsequent purchase fall through once again the Auctioneer (his/her decision is final) will decide which person may successfully purchase the Lot/s. Each transfer to Third Parties of the Lot/s purchased does not become the responsibility of ART AUCTIONS which considers the Purchaser as the sole person/s responsible for payment. Bidding at an Auction in the name of and for Third Parties may be accepted by ART AUCTIONS only after sufficient bank references as well as a power of attorney have been received by the AUCTION HOUSE at least three days before the Auction.
Art. 3 ART AUCTIONS reserves the right to withdraw any Lot/s from the Auction. The Auctioneer starts the Auction beginning with the Bid that s/he believes to be the most opportune, based upon both the value of the Lot/s as well as the competing Bids. The Auctioneer may make further Bids or in response to other Bids, until the reserve price is reached. The Auctioneer, during the Auction, may group
together or separate Lot/s and vary the order of the Sale. The Auctioneer may – and his/her decision is final – withdraw Lot/s that do not reach the reserve price agreed upon between ART AUCTIONS and the Seller.
Art. 4 In addition to the hammer price, the Purchasers agree to pay to ART AUCTIONS a buyer’s premium on the hammer price of each lot sold, V.A.T. included. On all lots we charge:
30% of the hammer price up to and including € 2.000
25% on that part of the hammer price over € 2.001 and up to and including € 500.000
22% on that part of the hammer price above € 500.001
For those Lots being temporarily imported and coming from non-EU States, apart from the above-mentioned detractions, the Purchaser – if resident in an EU member-State - will pay all other subsequent taxes, as well as refund all expenses required to transform the temporary import status of the object/s to a status that is permanent (the objects are indicated by the sign **). If the Seller is in possession of a VAT number the Purchaser will also pay all subsequent taxes (the objects are indicated with a °°).
Art. 5 In order to guarantee the highest levels of transparency during the Auction for all those who intend to make Bids, prospective Bidders are required to fill out a participation form with personal information and bank details. ART AUCTIONS reserves the right to make checks on the
details/references provided and to refuse those who might not be welcome. Upon completion of the form ART AUCTIONS will supply a numbered identification paddle which will have to be shown to the Auctioneer in order to proceed with Bidding.
Art. 6 ART AUCTIONS may accept absentee Bids (by means both of written as well as telephone Bids) that will be undertaken by the Auctioneer, in direct competition with those present in the Auction Room. Should there be a case of identical Bids, the written Bid will
prevail upon the oral Bid.
Art. 7 Should there be two written Bids that are not beaten by Bids made in the Auction Room or telephone Bids, ART AUCTIONS will consider the Purchaser to be the one who made the Bid first. ART AUCTIONS reserves the right to refuse – its decision is final – Bids made by Purchasers who are not known or welcome. ART AUCTIONS may, however, partially in reference to the above-mentioned,
accept Bids if there is a guaranteed sum deposited equal to the value of the Lot that is requested, apart from commissions (buyer’s premium), taxes and expenses. In each case, at the moment of Purchase, the Purchaser will immediately inform the AUCTION HOUSE of his/her personal information and taxation details.
Art. 8 ART AUCTIONS acts exclusively as the agent for the Sellers and bears no responsibility in terms of descriptions of the objects in the Catalogues or in any other illustrated publication. All the descriptions of objects are intended purely as illustrative and indicative. They may not generate any form of reliance as far as the Purchaser is concerned. The Auction will be preceded by a public viewing of the objects in order to allow for a careful examination of the objects on behalf of aspiring Bidders. In this way, potential Purchasers will have the opportunity to and be responsible for a complete examination of all the qualities of the object/s in question: for example, the authenticity, the state of preservation, the type, the material and the provenance of the objects being auctioned. Following the Purchase, no one will be able to dispute or criticise ART AUCTIONS or the Sellers for the lack of any form of quality in reference to the object being auctioned. ART AUCTIONS and its employees/consultants will issue no guarantee of authenticity. All those indications relative to the carats and the weight of metals or precious stones, as well as their relative marks, are merely indicative. ART AUCTIONS is not responsible for any potential errors or falsifications. Notwithstanding any potential reference to descriptions by experts external to the AUCTION HOUSE, ART AUCTIONS does not either guarantee the accuracy or the authenticity of such comments.
Art. 9 The Estimates relative to the initial sale price, indicated beneath the description of each object in the Catalogue, are intended as NET and do not include, for example, the commissions (buyer’s premium), taxes etc. Since the printing time employed for the making of the Catalogue requires price Estimates in advance, these latter may be subject to change, as may also the description of the object.
Each and every change will be communicated to the Auctioneer before the beginning of the Auction in relation to each object concerned. The Lot/s will, however, only be sold upon reaching the reserve price.
Art. 10 The entire payment of the hammer price, the commissions applied (buyer’s premium) as well as all other expenses must be paid for within ten working days of the Auction date, in the legal currency of the State in which the Auction has taken place. In the case of lack of due payment, after full compensation of damages made to ART AUCTIONS, the AUCTION HOUSE may:
return the object to the Seller and demand full payment from the Purchaser of the due commissions/premium; undertake action in order to forcefully obtain the obligations of purchase;
sell the Lot/s privately or in subsequent Auctions, to the disadvantage of the original Purchaser, treating any sums paid by the latter as a form of sanction. If the Lot/s is kept by ART AUCTIONS this will be at the risk and expense of the Purchaser and the original Seller. In each case, until the collection or return dates the Purchaser will pay ART AUCTIONS the costs of storage (by month or parts of month) as follows: 100 euro + vat for furniture, 50 euro + vat for paintings, 20 euro + vat for objects. This sum must be paid from the sixteenth day following the Auction.
Art. 11 The Purchaser, after having paid all the sums due, must collect the Lot/s acquired within fifteen working days of the Auction date, at his/her own risk and expense, in full consideration of the opening hours of ART AUCTIONS. Should the Purchaser not collect the Lot/s during the above-mentioned times ART AUCTIONS will keep them at the risk and expense of the Purchaser in the AUCTION HOUSE for a further five working days. Once this period has passed, ART AUCTIONS will remove the object/s (at the Purchaser’s own risk and expense) to the storage space deemed most appropriate by the AUCTION HOUSE. The AUCTION HOUSE will inform the Purchaser of the place where the object/s are kept. Let it be clearly understood that in order to collect the object/s the Purchaser will have to pay, apart from the price plus commissions (buyer’s premium) etc, any refund due to subsequent expenses incurred by the AUCTION HOUSE.
Art. 12 In each case, ART AUCTIONS may agree with the Purchaser/s upon different forms of payment, storage, private sale, insurance of the object/s and/or granting of any other service requested in order to achieve the most successful results possible.
Art. 13 Everybody has, obviously, to respect the current Laws within the State where the Auction is held. In particular, ART AUCTIONS assumes no responsibility in relation to potential restrictions concerning the export of purchased objects and/or in relation to licences or permits that the Purchaser might have to request on the basis of current Laws. The Purchaser will not be able to request any refund either from the Seller or from ART AUCTIONS should the State exercise its right to pre-emption or any other right it may possess. The rights that have matured in relation to the hammer price of a sale that has been annulled on account of it not receiving authorisation for export due to the lack of agreement of the cultural authorities concerned are, nevertheless, to be paid by the vendor to ART AUCTIONS if permission was not given because the vendor did not previously inform ART AUCTIONS of the existence of authorisation (for export) given by the relevant authority upon the request of the vendor him/herself.
Art. 14 In the case of disputes that are revealed to be well-founded and accepted by ART AUCTIONS subsequent to the sale of false objects, the AUCTION HOUSE may, at its own discretion, declare the sale null and void and, if requested, reveal the name of the Seller to the Purchaser. The Purchaser may make use of this Article (Article 14) only and exclusively in the case that s/he has notified ART AUCTIONS – according to Articles 137 and following in the Code of Civil Procedure – of the dispute in question with the relative proof within fifteen days of the Auction date. In each case, subsequent to an accepted claim the Purchaser has the right to receive exclusively what was paid as the disputed hammer price without the addition of interests or other sums for any other reason.
Art. 15 The current Sale Conditions are accepted automatically upon signing the form (see Article 5) and by all those individuals who take part in the Sale. The above-mentioned Conditions are at the disposal of any individual who requests to see them. Any case of controversy is within the jurisdiction of the Genoa Law Courts.
Art. 16 Privacy Law (Legislative Decree 196/03 including all subsequent amendments and supplements by GDPR 2016/679). Data Controller: ART AUCTIONS S.r.l. with headquarters in GENOA, Piazza Campetto, 2. The Customer may exercise his/her rights according to Legislative Decree 196/03 (access, correction, cancellation, opposition etc), by contacting ART AUCTIONS S.r.l. GARANZIA DI RISERVATEZZA according to Article 25 of Legislative Decree 196/03. The information is computerised with the sole intention of providing the above-mentioned service or any further service relative to the Company, in such a way that is strictly connected to the question at hand. The supply of data is optional: in default of which, ART AUCTIONS will not be able to perform the service required.
Data will not be divulged. Participation in an Auction allows ART AUCTIONS to send subsequent Catalogues of other Auctions.
