Sales Term and Conditions - Car Auction
Art Gallery-Auction house La Rosa S.r.l will be hereinafter referred to as "Art La Rosa".
1. The lots are offered on sale by Art La Rosa, a company with its registered office in Catania, Viale Africa 12, which acts in the name and on behalf of the Seller as agent representing him, with the exception of the cases in which Art La Rosa has the ownership of the lot. The sale between the seller and the buyer must be considered as confirmed; it follows that Art La Rosa does not assume towards buyers or third parties responsibilities other than those deriving from acting as agent. All responsibilities pursuant to ex artt. 1476 ss. civ. cod. continues weighing on the car sellers. Sales are made at most bidder only for registered customers. The hammer blow of the auctioneer identifies the acceptance of the highest bid and the price at which the lot is awarded by the auctioneer to the Purchaser, determining the conclusion of the contract of the sale between the Seller and the Buyer.
2. These General Conditions of Sale are published on the website www.artlarosa.com as well as on the catalog of the sale. Therefore, they have to be considered fully accepted by the tenderer of the lots. The General Conditions of Sale can be modified by a notice posted in the auction hall or by an announcement made by the auctioneer before the auction starts.
3. Potential buyers are kindly requested to consult www.artlarosa.com in order to take a look at the more updated cataloging of the lots present in the catalog.
4. The catalog of the auction is completed with the utmost care and professionalism by Art La Rosa. The illustrations of the catalog are shown for the only purpose of identifying the lot. The lack of references in the catalog regarding the conditions of the lot does not imply that the object is without imperfections. The lots placed at auction are sold in the state in which they are at the time of exposure (see below), with every related flaw and imperfection (restorations, deficiencies, breakages) the aforementioned imperfections, even if not expressly indicated in the catalog, cannot be challenged on the sale.
5. The lots are put up on the market in places open to the public, the auction will be preceded by an exposure that has the aim to have a view on the status and quality of the objects, letting the controls considered necessary, as well as the request for any clarifications. No claim is accepted after the award, even if some mistakes occurred during the compilation of the catalog. All items are sold "as seen".
6. The valuations published in the catalog are approximate for potential buyers and are expressed in euros: the starting price and the hammer price (that is to say the price at which the auctioneer sells the lot) may be higher or lower than the indicated ratings.
7. The written or verbal illustrations and descriptions provided by Art La Rosa, including those contained in the catalog, concerning the characteristics of the lots such as, by way of example: authorship, authenticity, source, attribution, origin, date, period, quality, price or value, reflect exclusively opinions and may be reviewed by Art La Rosa and, possibly, modified before the lot is offered for sale. Except for the case of willful misconduct or gross negligence, both Art La Rosa and its managers, employees, collaborators or consultants cannot be considered responsible for the errors or omissions contained in these representations nor for any omissions relating to the preparation or management of the auction or to issues related to the sale of the lot. Furthermore, any inaccuracies or errors in the indications contained in the catalog itself cannot be contested or any discrepancy between the photographic image and the exposed object and of sale and the mismatch between the characteristics indicated in the catalog and those of the indicated object (technique of execution, materials and techniques of realization, year of execution, etc).
- Cars, by their very nature, may have been object of restorations or modifications of different nature: interventions of this type can never be considered hidden defects or a counterfeit of a lot.
8. Except for cases of willful misconduct or gross negligence as per art. 7, the possible liability of Art La Rosa towards the Purchaser in connection with the purchase of a lot by the latter is limited to the price of adjudication and the purchase commission paid to Art La Rosa by the Purchaser.
9. Offers may be submitted in person during the auction, by written offer, via telephone or via internet, by linking to the live auction.
10. A 10% increase is usually applied on offers compared to the previous one, unless the auctioneer chooses otherwise communicating it before the auction starts. In case of bids of the same amount and submitted through the same method (written or telephone commission, online, in the hall), the adjudication will concern the offer received first. If there is an equal written offer and in the room one, telephone or online, the latter ones will prevail over the written offer.
11. Where there is a dispute regarding the awarding of a lot, the latter, at unquestionable judgment of the auctioneer, can be withdrawn from the auction or put back for auction on the same day (in this last hypothesis the offers concerning the lot previously formulated will no longer be taken into consideration). The Auction house can at any time withdraw from the auction one or more lots for sale, can match or separate the lots from what is indicated in the catalog, provided the lot is not offered at the auction on a day earlier than the one indicated in the auction catalog.
12. The Auction House may deny, at its discretion, the participation in the auction of potential buyers who, for example, have not fulfilled obligations towards Art La Rosa previously. It reserves the right to subordinate participation in the auction to the display of a letter of bank references or the deposit of a sum to guarantee the exact fulfillment of the obligations set forth in these General Conditions of Sale, which will be returned once the auction is completed.
13. The auctioneer, for the single lot, starts from the offer he considers adequate, until the reserve price is reached, the minimum price agreed between the Seller and the Auction house below which the lot will not be sold.
- Offers in the room: To participate in the auction in the hall it is necessary to register and obtain the relevant numbered paddle on the day of the auction, with its raising the offers to win the lots are expressed. Registration and subscription for the auction can also take place in the days before the auction and those in which the exposure preceding the auction takes place. The successful bidder/ buyer of the lot, after the award of the lot, will have to sign an award report. It is possible to participate to the auction as a representative of a third party person presenting, at the time of registration, a proxy signed by the represented with a copy of the identity document and of the fiscal code, both of the represented person and of the representative. In the case of companies, the proxy must be signed by the legal representative or an attorney with the power of signature, whose identity card and fiscal code must be attached to the power of attorney.
- Written offers: It is possible to submit written bids by filling in the written Commission or by telephone attached to the catalog or downloadable from the website www.artlarosa.com.
- The Form must be presented, at least 24 hours before the start of the auction, or at our office located in Catania, viale Africa 12 or sent to firstname.lastname@example.org enclosing the required documentation in the Form, in defect of which Art La Rosa does not guarantee to execute the offers indicated in the Commission. Written offers will be accepted only if rounded up to ten, otherwise it will round down the tens, amounts indicated in the written Commissions will be considered maximum amounts. Art La Rosa is not responsible for any errors made by the potential buyer when filling in the Commission. Where there is a discrepancy between the lot number and the given description, the offer will be considered formulated in relation to the first one. At the end of the auction, the Purchaser will be informed of the successful award of the lot, in case of any equal written offer and in the room, by telephone or online, the latter will prevail over the written offer.
- Telephone offers: It is possible to submit telephone offers by filling in the written Commission or by telephone attached to the catalog or downloadable from the www.artlarosa.com website.
- The form must be presented at least 24 hours before the start of the auction or at our office located in Catania, Viale Africa 12 or sent to email@example.com, attaching the documentation requested in the Form. Following receipt of the Commission, correctly completed, Art La Rosa will contact the potential buyer at the phone number indicated in the Commission before the lot for which the potential buyer intends formulating phone offers is offered at auction.
- This service will be guaranteed within the limits of the availability of the lines at the time and in order of the receipt of the requests. Where an offer has been indicated in the Commission, Art La Rosa is authorized to act, where it is impossible to contact by phone the potential buyer, on his behalf, making offers up to a hammer price equal to the maximum bid indicated by the potential buyer. Art La Rosa is not responsible in any way for the delay or non-execution of telephone orders arising from malfunction of the telephone line, except for malice or gross negligence.
- Online offers: The online offers are governed by the instructions contained on the site www.artlarosa.com
14. The buyer will pay Art La Rosa the hammer price and buyer’s premium for each lot in the following way:
- 20% of the hammer price (plus VAT, if due) if less than or equal to € 50,000 (fifty thousand euros);
- 18% of the hammer price (plus VAT, if due) if it is higher than € 50,000 (fifty thousand euros) and less than or equal to € 100,000.00 (one hundred thousand euros);
- 15% of the hammer price (plus VAT, if due) if higher than € 100,000.00 (one hundred thousand)
in addition to the payment of any other amount due to Art La Rosa pursuant to these General Conditions of Sale.
The Purchaser is obliged to pay the amount due (price of awarding plus commission) within two days of the sale. The transfer of ownership of the lot will only occur at the time of payment by the Purchaser of the entire amount due. In case of failure or partiyer € 10.00 for each day of deposit, in any case at the risk and expense of the Purchaser.
Each lot can be paid with the following forms of payment:
a) cash up to 2,999 euros at the headquarters of Art La Rosa located in Catania, Viale Africa 12; b) cashier’s check subject to prior verification with the issuing institution, credit card, debit card, PayPal; c) bank account check in agreement with the Auction house La Rosa S.r.l .;
d) bank transfer payable to Casa d'Aste Gallery La Rosa Srl
UNICREDIT SPA, C.so Sicilia 8- CATANIA
IBAN IT 45 G 02008 16918 000105242793 BIC/SWIFT UNCRITM1K65
In the motivation the name, surname, lot number and auction must be indicated.
COLLECTION OF THE LOTS
15. The lot will be delivered by the Auction House only after the entire payment of the amount due and will have to be withdrawn by the Purchaser at Catania’s headquarters, V.le Africa 12, within ten days following the day of payment. Where the purchaser fails to promptly collect the lot, Art La Rosa will have the right to request collection, to deposit the lot with a third party or, possibly to keep the lot at their place charging the Buyer the cost of deposit, in any case at Buyer’s risk and expenses. In the event the Purchaser assigns a third party to collect the lot, the latter must have a written proxy given by the Purchaser and a copy of the document of both the delegator and the delegate.
16. The risk related to the purchased lots is entirely on the Purchaser starting from the taking over of the purchased lot or in any case ten (10) days after the adjudication of the lot. The Purchaser will be compensated for any loss or damage to the lot that occurs after the sale but before the transfer of the risk, the compensation cannot in any case exceed the adjudication price of the lot and the purchase commission.
Art La Rosa will not be bound by the opinions provided by the Buyer and reserves the right to request further opinion of other experts at their own expense. The Auction House will not refund if: the description in the catalog comply with the generally accepted opinion of scholars and experts at the date of sale or indicated how the authenticity or attribution of the lot is contested; or counterfeiting on the date of publication of the catalog of the lot could be ascertained only by carrying out analyzes generally considered inadequate for the purpose or hardly feasible, the cost of which was unreasonable or which could reasonably have damaged or otherwise lead to a decrease in the value of the lot. For the purposes of this article, for counterfeiting we mean the imitation of a lot offered for sale, not described as such in the auction catalog, created for the purpose of deception on paternity, authenticity, origin, attribution, origin, source, date, age, period, which on the date of the sale had a lower value than what it would have had if the lot had been corresponding to description of the auction catalog. A lot that has been restored or submitted is not a counterfeit by modification of any kind (including repainting or over painting).
17 PRIVACY | INFORMATIVE EX ART 13 of the G.D.P.R.
Pursuant to and for the effects of art. 13 of the new Data Protection Regulation (GDPR 2016/679), we inform the Customer (interested party) that:
1. Owner and other designated persons
The Data Controller is Art Gallery-Auction house La Rosa S.r.l., with registered office in Catania, Viale Africa n. 12, in the person of the Sole Director, Giacomo La Rosa mail: firstname.lastname@example.org.
2. Treatments made on legal basis
Data of a personal nature, freely provided by the Customer to the company based on the activity carried out by virtue of a specific contractual regulation will be processed in a lawful manner, according to correctness, as well as in accordance with the provisions of the regulation, for the purpose of:
- fulfillment of the mandate to sell and/or of participation in the scheduled auctions;
- for the purposes established by the current anti-money laundering legislation (Legislative Decree 231/07 and subsequent amendments).
The provision of the data indicated above is mandatory for the controller to carry out the task assigned to him. In case of refusal to provide the requested data, the controller will find it impossible to perform the contractually provided services, for misconduct of the interested Customer. Data of a personal nature such as the e-mail address, provided optionally by the Customer to the company with specific consent given by the same, will be processed in a lawful and correct manner, as well as in accordance with the provisions from the Regulations for the purpose of forwarding information, updates and news regarding new auctions and/or future events. For such treatment, the company will collect consent with electronic and/or paper modalities.
3. Processing tools and data retention methods
The processed data (which can be classed as: common and identifying) are up to date, complete, relevant and not excessive compared to the aforementioned purposes of the processing. The same data will be processed, in compliance with the security and confidentiality required through the following methods: collection of data from the interested party, registration and storage of the same for the predetermined purposes, explicit and legitimate. The same data will be processed using both paper and electronic and automated means. The personal data will be processed by the Data Controller as well as by employees and collaborators authorized to process them. The data may be communicated, as well as to public bodies’ recipients of the communications/declarations object of this contract, also to the appointed inspection bodies, where required in the phases of verification and control, related to the regularity of the fulfillments. The same data, subject of this information, can be communicated to professionals and/or collaborators controller for the performance of the entrusted assignment and for the same purposes. On the other hand, the data in question will not be disseminated, beyond the limits specified therein, unless otherwise specified by the interested party, provided in writing. It is not the intention of the Controller to transfer the data object of this letter to a third country or to an international organization. It is specified that the external backup is performed by an Italian company too, therefore it is also comply with the privacy law in question, through the use of servers based in the Italian territory. There is no automated decision making process. Finally, we inform the interested party that the controller has put in place a variety of security measures to protect data against the risk of loss, misuse or alteration.
4. Data retention period
The data, subject of this statement, will be kept:
- for 10 years (ten years) from the conclusion of the contractual relationship, for processing operations with a contractual legal basis;
- 5 years from the revocation of consent for treatments with a consensual basis - no later than 72 hours, regarding the treatment of video surveillance images.
5. Rights of the interested party
The interested party has the right:
- to ask the Controller of the treatment the confirmation or not of the holding of personal data concerning himself, even if not yet registered, and their communication in an intelligible form, as well as the access to personal data, their possible update or integration, correction or cancellation of the same, the transformation of the same into an anonymous form or those processed in violation of the law, the limitation of the treatment that regards them or oppose the treatment itself, in addition to the right to data portability. Moreover, he has the right to obtain an indication of the origin of personal data, their purpose and the modalities of treatment, as well as the logic applied in case of treatment carried out with the aid of electronic devices;
- he may also object in whole or in part to the processing of data concerning himself for the purpose of sending advertising material, direct sale or market research or commercial communication;
- he has the right to withdraw consent at any time, without any prejudice to the lawfulness of the processing carried out in reason to the consent given prior to the revocation, as well as the right to claim a complaint to supervisory authority.