1039
European painter 20th century
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Beschreibung
European painter 20th century
"Gypsy with fruit tray", oil on canvas, within frame, signed at the bottom
79x54 cm.
"Gypsy with fruit tray", oil on canvas, within frame, signed at the bottom
79x54 cm.
Auktionsdetails
Versand
AGB & Wichtige Informationen
Stellen Sie dem Verkäufer eine Frage
European painter 20th century
"Gypsy with fruit tray", oil on canvas, within frame, signed at the bottom
79x54 cm.
"Gypsy with fruit tray", oil on canvas, within frame, signed at the bottom
79x54 cm.
Furnishings of Villa Le Marchesane
Auktionsdatum
Lose: 1-170
Lose: 171-340
Lose: 341-510
Lose: 511-680
Lose: 681-850
Lose: 851-1020
Lose: 1021-1190
Lose: 1191-1360
Ort der Versteigerung
Viale del Lavoro 505
Solesino (PD)
35047
Italy
Für San Luca Casa d'Aste S.r.L. Versandinformtation bitte wählen Sie 0039 04291858841.
Wichtige Informationen
For buyer’s premium and VAT please check particular lot.
Zu Aufgeld und Mehrwertsteuer prüfen Sie bitte das jeweilige Los.
For all lots marked “♢” the price is subject to VAT
AGB
- Payment
- In the event of a successful bid, the Buyer is required to pay San Luca the total amount due immediately – and in any case no later than ten (10) days – from the conclusion of the auction.
- If the lot has been subject to the declaration referred to in Article 4.1.14 above, the Buyer undertakes to pay the total amount due upon expiry of the deadline for the exercise of the right of pre-emption by the competent Ministry.
- Payment of the hammer price, the purchase commission and any expenses may be made in cash within the limits of the law, by bank draft, bank transfer, debit card or credit card.
- San Luca may accept single or multiple cash payments only for amounts less than £4,999.99.
- The bank details for bank transfers are as follows:
- SAN LUCA CASA D'ASTE SRL
- BANCA PREALPI SANBIAGIO
- FILIALE DI ESTE
- Via G.B. Brunelli 1/A
- 35047 ESTE (PD)
- IBAN: IT 49 C 08904 62562 03100 0001873
- Swift: CCRTIT2TPRE
- In the case of bank transfers, the name and surname of the Buyer and the invoice number must be indicated in the payment description.
- Payment by debit or credit card can only be made by the cardholder or the holder of the relevant account.
- San Luca reserves the right to check the origin of payments received and not to accept payments received from persons other than the Buyer.
- In limited circumstances and in any case with the prior consent of the Seller, San Luca may grant Purchasers whom it considers reliable the option of paying for the lots in instalments. The terms of payment in instalments must be defined before the sale. Before deciding whether or not to grant payment in instalments, San Luca may request references on the reliability of the Purchaser and documentation on their identity and residence.
- Also pursuant to and for the purposes of the provisions of Article 1523 of the Italian Civil Code, the transfer of ownership of the lot from the Seller to the Buyer shall only take place upon payment by the Buyer of the total amount due.
- In the event of failure or delay in payment by the Buyer - within the term referred to in Article 7.1 above - of all or part of the total amount due, San Luca shall be entitled, at its discretion, to demand performance or to terminate the sales contract in accordance with Article 1456 of the Italian Civil Code, without prejudice to the right to compensation for damages, as well as the right to have the lot sold on behalf of and at the expense of the Purchaser, in accordance with Article 1515 of the Italian Civil Code.
- In the event of non-payment or late payment by the Purchaser, San Luca may refuse any offer made by the Purchaser or its representative in subsequent auctions or require the Purchaser to deposit a sum of money as security before accepting any offers.
- Delivery and collection of the lot
- The lot will be delivered to San Luca's premises or to the auction venue (if different) no later than ten (10) working days from the date of the award.
- The lot will only be delivered upon payment of the total amount due to the Buyer or to a third party with written authorisation from the latter.
- Upon delivery of the lot, San Luca will request the Buyer or the third party in charge to provide a document proving their identity.
- Before arranging collection of the lot, please check with San Luca where the lot is stored.
- In the event of death, incapacity, disqualification, extinction/termination, for any reason, of the Buyer, duly notified to San Luca, the latter shall agree to return the lot subject to the agreement of all the Buyer's successors or in accordance with the procedures established by the judicial authorities.
- If the Buyer does not collect the lot within ten (10) days of the day of sale, San Luca shall be entitled to:
- (a) charge the Buyer a storage fee calculated as follows: furniture and sculptures €15.00 per day, paintings €10.00 per day, objects €5.00 per day. Prices are exclusive of VAT and insurance (2% of the reserve price).
- (b) deposit the lot with a third-party depository at the Buyer's risk and expense.
- Transfer of risk
- A purchased lot is entirely at the Buyer's risk from the earlier of the following dates:
- (a) when the Buyer takes delivery of the purchased lot; or
- (b) when the Buyer pays the total amount due for the lot; or
- (c) the date on which the ten (10) day payment period from the date of the auction begins.
- The Buyer shall be compensated for any loss or damage to the lot occurring after the sale but before the transfer of risk, but such compensation shall not exceed, except in cases of wilful misconduct or gross negligence, the Price plus the Purchase Commission received by San Luca.
- Except in cases of wilful misconduct or gross negligence, San Luca shall in no event be liable for any loss or damage caused to frames or glass containing or covering prints, paintings or other works unless the frame and/or glass form an integral part of the work.
- Under no circumstances shall San Luca be liable for any loss or damage occurring as a result of any intervention (including restoration, work on frames and cleaning) by independent experts appointed by San Luca with the consent of the Seller for loss or damage caused or resulting, directly or indirectly, from:
- (a) changes in humidity or temperature;
- (b) normal wear and tear or gradual deterioration resulting from work on the lot and/or hidden defects or flaws (including woodworm);
- (c) handling errors;
- (d) war, nuclear fission, radioactive contamination, chemical, biochemical or electromagnetic weapons;
- (e) acts of terrorism; and (f) other events of force majeure.
- Shipping
- Upon written request from the Purchaser, San Luca may arrange for the packaging and shipment of the batch, provided that the Purchaser:
- (a) has paid the total amount due in full;
- (b) provides San Luca with any certificates of free circulation or export licences or any other certification and/or documentation necessary for this purpose. San Luca may take care of requesting the above certification at the request of the purchaser and after payment for the service requested.
- (c) has duly completed and signed the appropriate indemnity form.
- Balance different from agreement with the Purchaser:
- (a) packaging and shipping costs shall be borne by the Purchaser, who may request, at least twenty-four (24) hours before the start of the auction, cost estimates if they intend to entrust San Luca with the packaging and shipping of the lot;
- (b) insurance cover to cover the risk of loss and/or damage (including partial) that the lot may suffer during transport must be agreed between the Buyer and the carrier without any liability on the part of San Luca;
- (c) the cost of insurance cover shall be borne by the Buyer.
- The packaging and shipment of the lot to the Purchaser are entirely at the risk and expense of the Purchaser, and San Luca assumes no responsibility for the actions or omissions of the packaging staff or transporters.
- Export from the territory of the Italian Republic
- The export of cultural goods outside the territory of the Italian Republic is subject to the provisions of the Urbani Code. The export of cultural goods outside the territory of the European Union is also subject to the provisions of EC Regulation No. 116/2009 of 18 December 2008 and EU Commission Implementing Regulation No. 1081/2012.
- The export of a lot from the territory of the Italian Republic may be subject to the issue of a certificate of free movement or an export licence.
- The sale is deemed to have been made on Italian territory, as is the delivery of the goods: any issues relating to exports are always and solely the responsibility of the buyer. Failure to issue or delay in issuing the free movement certificate and/or export licence does not constitute grounds for termination or cancellation of the sale, nor does it justify late payment by the Buyer of the total amount due.
- Protected species
- All lots consisting of or containing parts of plants or animals (e.g. coral, crocodile, ivory, whale bone, turtle), regardless of age and value, may require a licence or certificate prior to export and may require additional licences or certificates for import into non-EU countries. Please note that obtaining a licence or certificate for import does not guarantee a licence or certificate for export, and vice versa. San Luca advises potential Buyers to check their own legislation regarding the requirements for importing goods made from or containing protected species into their country. It is the Buyer's responsibility to obtain such import or export licences/certificates, as well as any other documents required after making the purchase.
- Contact
- The potential Buyer and the Buyer may request any information and/or send communications and/or submit complaints by contacting San Luca in the following ways:
- (I) by writing to the email addresses found in the ‘Contacts’ section of the Website;
- (II) by post, writing to San Luca Casa d'Aste S.r.l., Viale del Lavoro 505 – 35047 –Solesino, (PD)
- (III) by calling the following telephone number: (+39) 0429 1858841.
- San Luca will respond to complaints within five (5) working days of receipt.
- For assistance during participation in the online auction, you can contact San Luca at the following email address: info@astesanluca.com
- or at the following telephone number: 0429 1858841.
- Lot information
- For antique and 19th-century paintings, only the period in which the attributed artist lived and the school to which he belonged are certified. Works from the 20th and 21st centuries (modern and contemporary art) are usually accompanied by certificates of authenticity and other documentation expressly mentioned in the relevant descriptions. No other certificate, appraisal or opinion requested or presented after the sale may be used as grounds for contesting the authenticity of these works. Furthermore, any dispute relating to frames is excluded, where these are presented as merely part of a painting and therefore have no independent value. In such cases, all risks and dangers in this regard are borne exclusively by the buyer.
- All information on metal hallmarks, the carat weight and weight of gold, diamonds and coloured stones is to be considered purely indicative and approximate, and San Luca cannot be held responsible for any errors contained in the above information or for the deliberate falsification of precious objects. San Luca does not guarantee any certificates accompanying the precious items issued by independent gemmological laboratories, although references to the results of such tests may be cited for information purposes for buyers.
- Antiques, by their very nature, may have been restored or subjected to various types of alterations, such as overpainting: such interventions can never be considered hidden defects or counterfeiting of a lot. Electrical or mechanical goods are not checked before sale and are purchased by the buyer at their own risk.
- Watch movements are to be considered unchecked.
- Applicable law and jurisdiction
- These General Terms and Conditions of Sale are governed by Italian law.
- Any dispute relating to the application, execution and interpretation of the General Terms and Conditions of Sale shall be settled by the Court of Padua.
- This is without prejudice to the application to Purchasers who are consumers within the meaning of Article 3 of the Consumer Code and who do not have their habitual residence in Italy of any more favourable and mandatory provisions of the law of the country in which they have their habitual residence. Any dispute relating to the application, execution and interpretation of the General Terms and Conditions of Sale shall be settled by the court of the place where the Purchaser consumer resides or has elected domicile.
- The consumer Purchaser residing in a Member State of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, €2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.
- Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, San Luca informs users who qualify as consumers under Article 3, paragraph 1, letter a) of the Consumer Code that, if they have submitted a complaint directly to San Luca and the dispute has not been resolved, San Luca will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute. San Luca also informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online dispute resolution for consumer disputes (the ODR platform) has been established. The ODR platform can be consulted at the following address https:// ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites and initiate an online dispute resolution procedure for the dispute in which they are involved.
- Information on the processing of personal data
- Pursuant to Article 13 of Regulation (EU) No. 2016/679 (‘GDPR’), San Luca – as data controller (hereinafter also referred to as ‘Controller’) – informs you that the personal data (‘Data’) you provide to San Luca will be processed lawfully and fairly by the latter, mainly with the aid of electronic, automated and/or video recording means (in accordance with the methods and using the tools necessary to ensure the security and confidentiality of the Data) for: (a) functional requirements for the execution of contracts to which you are a party or for the adoption of pre-contractual measures taken at your request, (b) management requirements of the relationship with sellers and buyers (such as, for example, administration of sales proceeds, invoices, shipments), (c) checks and assessments on the auction sale relationship and the risks associated with it, (d) to fulfil tax, accounting, legal and/or public authority obligations, or (e) for purposes provided for by current anti-money laundering legislation pursuant to Legislative Decree 231/2007 and subsequent amendments, (f) with reference to video surveillance systems, for the purposes of protecting the safety of persons and protecting company assets, (g) for the establishment, exercise or defence of a right in court, (h) for sending commercial communications on products and services similar to those already purchased (so-called ‘soft spam’), (i) with your consent, for sending advertising and information material on San Luca products and services by automated systems, such as e-mail, fax, SMS or MMS, or by post or telephone calls with an operator, (l) to carry out profiling activities aimed at performing the activities referred to in points (h) and (i) above.
- The provision of Data for the purposes referred to in Article 17.1, letters (a), (b), (d), (e), does not require your consent as it is necessary for the Data Controller to fulfil its contractual and legal obligations, pursuant to Article 6, paragraph 1, letters b) and c) of the GDPR.
- The processing of Data for the purposes referred to in Article 17.1, letters (c), (f), (g), (h), does not require your consent, as it is necessary for the pursuit of the legitimate interest of the Data Controller pursuant to Article 6, paragraph 1, letter f) of the GDPR.
- The processing of Data for the purposes referred to in Article 17.1, letters (i) and (l) requires your consent, pursuant to Article 6, paragraph 1, letter a) of the GDPR. The provision of such Data for the aforementioned purposes is optional; failure to provide such Data will only make it impossible for San Luca to carry out the activities indicated. For these purposes, San Luca will collect your consent electronically and/or on paper, for example through the Website or the appropriate forms.
- The provision of Data is optional. However, failure to provide Data for the purposes from (a) to (g) will make it impossible to participate in the auction or for San Luca to fulfil its obligations; failure to provide Data for the purposes from (h) to (l) will only make it impossible for San Luca to carry out the activities indicated.
- The Data will be processed by San Luca's employees or collaborators in their capacity as persons authorised to process the data.
- Your Data may also be disclosed to the following parties, who will be designated by San Luca as data processors or will act as independent data controllers:
- (a) all those parties (including public authorities) who have access to personal data pursuant to regulatory or administrative provisions;
- (b) companies or third parties responsible for printing, enveloping, shipping and/or delivering the purchased items;
- (c) post offices, couriers or shippers responsible for delivering the purchased items;
- (d) companies, consultants or professionals who may be appointed to install, maintain, update and, in general, manage San Luca's hardware and software, or those used by San Luca, including the Website;
- (e) to companies or Internet providers responsible for sending documentation and/or information or advertising material; (f) to companies responsible for processing and/or sending advertising and information material on behalf of San Luca;
- (g) to all those public and/or private entities, natural and/or legal persons (legal, administrative and tax consultancy firms, judicial offices, chambers of commerce, chambers and offices of labour, etc.), if the communication is necessary or functional for the proper fulfilment of the obligations incumbent on San Luca.
- Your Data will be processed and disclosed, solely in anonymous and aggregate form, for statistical or research purposes.
- The Data Controller is San Luca Casa d'Aste S.r. l., with registered office in Viale del Lavoro 505 35042, Solesino (PD), to whom you may send requests and queries regarding the processing of your data by writing to the email address: info@astesanluca.com An updated list of any data processors is available, upon written request, at the registered office of San Luca.
- The Data will be stored for a maximum period equal to the limitation period of the rights enforceable by San Luca, as applicable from time to time. If the data is processed for the marketing and profiling purposes referred to in points (i) and (l), it will be stored for a maximum period of 24 and 12 months, respectively. Images collected through video surveillance systems are stored for a period not exceeding 24 hours after their detection, except for specific requirements for further storage in relation to holidays or the closure of premises or in the event that it is necessary to comply with a specific request for investigation by the judicial authorities or the judicial police. 17.10 Pursuant to Article 13 and Articles 15 et seq. of the GDPR, you have the right, among other things, to:
- (a) obtain confirmation as to whether or not personal data concerning you are being processed;
- (b) if processing is ongoing, obtain access to the Data and information relating to the processing, as well as request a copy of the personal data;
- (c) obtain the rectification of inaccurate Data or the integration of incomplete Data;
- (d) obtain, where one of the conditions set out in Article 17 of the GDPR is met, the erasure of Data concerning you;
- (e) obtain, in the cases provided for in Article 18 of the GDPR, the restriction of processing;
- (f) receive, where the conditions laid down in Article 20 of the GDPR are met, the Data concerning you in a structured, commonly used and machine-readable format and request their transmission to another data controller, where technically feasible;
- (g) object, at any time, in whole or in part, to the processing of Data carried out for marketing purposes. The objection to processing carried out through automated contact methods also extends to the sending of commercial communications by post or telephone calls with an operator, without prejudice to the possibility of exercising this right in part, for example by objecting only to processing carried out by automated communication systems;
- (h) object, at any time, to the processing of Data carried out for the pursuit of a legitimate interest of the Data Controller, provided that there are no legitimate reasons for proceeding with the processing that prevail over the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of a right in court;
- (i) withdraw consent at any time, without prejudice to the lawfulness of the processing carried out on the basis of the consent given prior to withdrawal;
- (j) lodge a complaint with the Data Protection Authority, in accordance with the procedures indicated on the Authority's website accessible at www.garanteprivacy.it.
- The above rights may be exercised by sending a request to the Data Controller by email to the following address: info@astesanluca.com
