Sale Terms and Important Information

Conditions of Sale

1. The lots are put up for sale by Still srl in premises open to the public, it acts as sole agent in its own name and on behalf of each Seller whose name is transcribed in the appropriate P.S. registers at Still srl. except in cases where it owns all or part of a lot. The effects of the sale shall affect the Seller and Still srl shall not assume any liability towards the Buyer or third parties in general other than that arising from its capacity as agent.

1. The items shall be awarded to the highest bidder and for cash; in the event of a dispute between several Adjutants, the disputed item may, at the sole discretion of the Auctioneer, be put up for sale again during the course of the Auction itself on the basis of the last bid collected. The Auctioneer himself may also, at his absolute discretion and at any time during the auction: withdraw a lot, make consecutive bids or in response to other bids in the interest of the seller, until the reserve price is reached, as well as adopt any measure he deems appropriate in the circumstances, such as combining or separating lots or possibly varying the order of the sale. Still srl shall communicate in the auction catalogue and/or on the site the auction in which it is possible to bid also via internet, specifying the reference internet sites. Except in cases of willful misconduct or gross negligence, Still srl accepts no liability for any technical problems occurring during the auction (for example, slowdowns in Internet navigation or malfunctioning of the server that manages participation in the auction via the Internet). Still srl is in no way responsible for any damage or inconvenience caused by incorrect use of the Site according to this information or the Conditions of Use of the Site. The participant in the auction undertakes not to use any software or instrument of any kind to influence or interfere (even potentially) with the progress of the auction and undertakes to use the Site and any of its applications correctly and in good faith. If Still srl has decided to allow participation in the auction also online, these General Conditions of Sale also regulate the offer for sale and award of lots through the Internet sites through which it is possible to bid.

1. In submitting his bid, the bidder assumes personal responsibility for paying the award price, including the auction fee, any taxes due and any other applicable charges.

1. An auction fee of 26% per lot is to be added to the adjudication figure.

The award figure does not include the follow-up fee. The same shall be paid, when due, as follows: 4% for the part of the sale price between € 3,000.00 and € 50,000.00; 3% for the part of the sale price between € 50,000.01 and € 200,000.00; 1% for the part of the sale price between € 200,000.01 and € 350,000.00; 0.5% for the part of the sale price between € 350,000.01 and € 500,000.00; 0.25% for the part of the sale price exceeding € 500,000.00.

1. The Auctioneer may accept commissions for the purchase of the works at determined prices, on precise mandate, as well as make bids on behalf of the seller and third parties. During the auction it is possible that bids may be made by telephone or internet, which are accepted at the sole discretion of Still srl and transmitted to the Auctioneer at the bidder's risk. Such telephone connections may be recorded. Still srl shall not be held responsible in any way for failure to reply to written and telephone bids, or for errors and omissions relating to the same. Still srl shall not be held liable in any way for failure to reply to written, telephone, or Internet offers or for errors and omissions relating to the same.

1. In the event of two identical written bids for the same lot, the lot shall be awarded to the bidder whose bid was received first. Still srl reserves the right to reject bids  from unknown purcharsers

unless a deposit is issued to cover the full value of the desired lots or, in any case, another suitable guarantee is provided. At the time of awarding the contract, Still srl may ask the successful bidder for his personal details and, in the case of non immediate payment in cash, the successful bidder shall provide Still srl with suitable and in any case verifiable bank references: in the case of evident untruthfulness or incompleteness of the above data or circumstances, or in any case inadequacy of the bank references, Still srl reserves the right to cancel the contract for the sale of the lot awarded.

1. Still srl acts as agent for the sellers and declines all responsibility for the description of the objects contained in the catalogues, brochures, internet site and any other illustrative material; the above descriptions, as well as any other indication or illustration, are purely indicative. All auctions are preceded by an exhibition in order to allow a thorough examination of the authenticity, state of preservation, provenance, type and quality of the objects. After the adjudication, neither Still srl nor the Sellers shall be held responsible for defects concerning the state of preservation, wrong attribution, authenticity, provenance, weight or lack of quality of the objects. Neither Still srl nor the personnel appointed by it can issue any guarantee in this sense, except in cases provided for by law. The person interested in purchasing a lot therefore undertakes, before participating in the auction, to examine it thoroughly, possibly also with the advice of an expert or restorer of his choice, to ascertain all the above-mentioned characteristics. After the auction adjudication, no objections are allowed, neither Still srl nor the seller can be held responsible for defects in the information concerning the items on auction. The lots put up for auction are sold in the state in which they are found at the time of display, with all relative defects and imperfections such as breakages, restorations, missing or replacements. Such characteristics, even if not expressly indicated in the catalogue, may not be considered determinant for contesting the sale. The descriptions or illustrations of the lots contained in catalogues, brochures, on the internet site and in any other illustrative material are merely indicative and reflect opinions, therefore they may be subject to revision before the lot is offered for sale. Still srl shall not be held responsible for errors and omissions related to such descriptions, nor in case of falsification, as no implicit or explicit warranty is provided in relation to the lots on auction. Furthermore, the illustrations of the objects presented in the catalogues or other illustrative material are solely for the purpose of identifying the lot and cannot be considered accurate representations of the object's state of preservation. Any dispute, to be decided in the first instance between a consultant of Still srl and an expert of equal qualification designated by the customer, must be made in writing by registered mail with return receipt within fifteen days from the adjudication. Once this term has expired, all liability of the Company shall cease. A claim that is recognised as valid leads to the simple reimbursement of the sum actually paid, against the return of the work, excluding all other claims. In the event of well-founded complaints accepted by Still srl regarding artfully forged items, provided that the relative written communication is sent to Still srl within three months of discovery of the defect and in any case no later than five years from the date of sale, and provided that the buyer is able to return the lot free of claims or any claims by third parties and the lot is in the same condition as it was on the date of the sale, Still srl may, at its discretion, cancel the sale and reveal the name of the seller to the successful bidder who so requests, giving prior notice to the latter. Partially derogating from the above, Still srl shall not make a refund to the buyer if the description of the lot in the catalogue conformed to the opinion generally accepted by scholars and experts at the date of the sale or indicated as controversial the authenticity or attribution of the lot, as well as if at the date of publication of the lot the counterfeit could only be ascertained by carrying out analyses that were difficult to carry out, or that could have damaged or in any case led to a decrease in the value of the lot.
2. The total payment of the adjudication price, of the auction fees and any other expense, may be immediately demanded by Still srl, in any case it must be made in full, in Euro, within seven days from the adjudication. The successful bidder, having paid the price and auction fees, shall collect the lots purchased at its own care, risk, expense and with the use of appropriate personnel and means within 14 days from the sale. Once this term has expired, Still srl shall be exonerated from any responsibility towards the Purchaser in relation to the custody, any deterioration or deterioration of the objects and shall have the right to apply a fee, per single lot, for custody, of €1.00 per day. For off-site sales, items awarded and not collected shall be transported and stored at our warehouses. Transport costs incurred shall be borne in full by the successful bidders. At the express request of the successful bidder, Still srl may arrange, at the expense and risk of the successful bidder, the packing, transport and insurance of the lots.

1. In case of non-payment, Still srl may: a) return the goods to the unsuccessful seller and demand from the unsuccessful buyer the payment of lost commissions and expenses incurred; b) take action to obtain the compulsory execution of the purchase obligation; c) sell the lot by private treaty or in subsequent auctions, in any case to the detriment of the unsuccessful buyer, retaining as a penalty any down payments made, except in any case the right to compensation for damages. Still srl shall in any case be exonerated from any responsibility towards the successful bidder in relation to any deterioration or spoilage of the objects and shall have the right to be paid for each single lot the custody rights as well as any reimbursement of expenses for transport to the warehouse, as per the price list available to applicants. Any risk for loss or damage to the adjudicated item shall pass to the purchaser from the moment of adjudication. The purchaser shall be able to obtain delivery of the goods purchased only after payment to Still srl of the price and any other commission, cost or reimbursement inherent thereto.
2. Notwithstanding any provision to the contrary contained herein, Still srl reserves the right to agree with the Tenderers special forms of payment, for which the retention of title in favor of Still srl is expressly agreed until complete and full settlement of the debt. It is therefore understood that non-payment or delayed payment, even of only a part of the established instalments, shall entitle the seller Still srl. to consider the sale resolved, to request immediate return of the goods if they have already been delivered and to retain what has already been paid as a deposit. In the event of deferred payment, the purchaser accepts without reservation the possible assignment of the credit by STILL to third parties.

1. For items subject to notification by the State pursuant to Legislative Decree 22.01.2004 no. 42 (so-called Cultural Heritage Code) and subsequent amendments and additions, the purchasers are required to comply with all the provisions of law in force on the subject. The successful bidder, in case of exercise of the right of pre-emption by the State, shall not be entitled to claim from Still srl or the seller any reimbursement of any interest on the price and auction commission already paid. The export of objects by buyers resident or non-resident in Italy is regulated by the above-mentioned regulations, as well as by the customs, currency and tax laws in force. Therefore, the exportation of objects dating back more than seventy years is always subject to the free circulation licence issued by the competent Authority. Still srl does not assume any responsibility towards the purchaser with regard to any restrictions on the export of the lots awarded, nor with regard to any licenses that the same must obtain under Italian law.

1. In addition to any other obligation or right provided for in these Conditions of Sale, Still srl in the event that it has been informed or becomes aware of any claim or right of a third party inherent to the ownership, possession or holding of the Lot may, at its discretion, retain the Lot in custody pending settlement of the dispute or for as long as it deems reasonably necessary for such settlement.
   1. These Conditions of Sale, governed by Italian law, are tacitly accepted by all parties participating in the auction procedure and remain available to anyone who requests them; they may be modified by a notice posted in the auction room or by an announcement made by the auctioneer before the beginning of the auction. In the event that Still srl allows participation in the auction also through the Internet site these changes are also made known through the site before the beginning of the auction. Any dispute related to the auction activity     at    the      Still srl  is              established at the  jurisdiction exclusive    of   forum     of      Milan.

1. Pursuant to art. 13 D.Lgs. 196/2003 (Personal Data Protection Code), Still srl, in its capacity as data controller, informs you that the data you provide will be used, on paper and electronically, to fully and completely execute the sale and purchase contracts stipulated by the same company, as well as for the pursuit of any other service inherent to the corporate purpose of Still srl. The provision of data is optional, but is strictly necessary for the execution of the contracts concluded. Registration for auctions enables Still srl to send you the catalogues of subsequent auctions and other information material relating to its activity.