Wichtige Informationen
AGB
Terms and Conditions
1 Important Information for Potential Buyers
1.1 Lots are offered for sale by De Francesco Casa d'Aste e Galleria S.r.l., a company with its registered office in Naples, vico della noce a fonseca 1 (80135), VAT number 10294961213, REA no. NA1095033, fully paid-up share capital of €15,000, acting on behalf of the Seller as a representative with the power of attorney, except in cases where Casa d'Aste e Galleria S.r.l. is the owner of the lot. The term "Seller" refers to the individual or legal entity that owns the lot offered for auction by Casa d'Aste e Galleria S.r.l. In any case (including telephone and/or online bids, and/or online auctions), the sale is considered to be carried out within the framework of a public auction, with no right of withdrawal in favor of the buyer.
1.2 These General Terms of Sale may be modified by notice posted in the auction room or through an announcement made by the auctioneer before the start of the auction. Potential buyers are requested to consult the website www.defrancescoaste.it (Site) to view the most updated cataloging of lots and any different sales conditions for the specific auction.
1.3 Casa d'Aste acts as a representative of the Seller and is exempt from any responsibility regarding the origin, condition, and description of the lots in the catalogs, brochures, and any other illustrative material. Such descriptions, as well as any other indications or illustrations, should be considered purely indicative and cannot generate reliance and/or expectation of any kind in potential buyers. The lack of explicit references in the auction catalog regarding the condition of the lot does not imply that the item is without imperfections. Any written or verbal representations provided by De Francesco Casa d'Aste e Galleria S.r.l., including those in the catalog, in reports, comments, or evaluations concerning any feature of a lot - such as authorship, authenticity, origin, attribution, source, quality, including price or value, estimation - reflect exclusively non-binding opinions and may be reviewed by De Francesco Casa d'Aste e Galleria S.r.l. and, if necessary, modified before the lot is offered for sale. De Francesco Casa d'Aste e Galleria S.r.l., its administrators, employees, collaborators, or consultants cannot be held responsible for errors or omissions in the aforementioned descriptions and/or representations. Estimates published in the catalog are expressed in euros: the auction base price and the Hammer Price (i.e., the price at which the lot is auctioned by the auctioneer) may be higher or lower than the indicated estimates.
1.4 Each potential buyer is required to examine the condition of each lot in the exhibition organized by De Francesco Casa d'Aste e Galleria S.r.l. before the auction, to conduct (even with their own experts) a preliminary in-depth examination regarding the authenticity, state of preservation and conditions, origin, type, and quality of the lots, on which exclusively potential buyers - and the final buyer - assume all risks and responsibilities. During the exhibition, the staff of De Francesco Casa d'Aste e Galleria S.r.l. will be available to potential buyers to provide, upon their request, an updated illustration of the goods, if available.
1.5 In the case of goods offered for sale through timed auctions, in the absence of public exhibition, De Francesco Casa d'Aste e Galleria S.r.l. is available for those who request a possible viewing of the said goods, upon request by email or by prior telephone appointment, specifying the codes of the lots concerned. The communication must take place no later than 3 (three) working days before the start of the timed auction.
1.6 In addition to the descriptions in the catalog, De Francesco Casa d'Aste e Galleria S.r.l. makes available, upon request, condition reports on the state of each lot.
1.7 All electrical or mechanical items are to be considered solely based on their artistic and decorative value and are not to be considered functional. Before using the awarded lot, it is important to ensure that the electrical system, if present, is certified by a qualified electrician, and De Francesco Casa d'Aste e Galleria S.r.l. assumes no responsibility in this regard.
1.8 Neither De Francesco Casa d'Aste e Galleria S.r.l., nor its administrators, employees, collaborators, or consultants will be responsible for acts or omissions related to the preparation or conduct of the auction or for any other matter related to the sale of the lot.
1.9 After the award, De Francesco Casa d'Aste e Galleria S.r.l. cannot be held responsible for any defects in the lots, including but not limited to the state of preservation, incorrect attribution, authenticity, origin, weight, or lack of quality of the lots. Potential buyers and the winning bidder expressly waive the warranty under articles 1490 and 1497 of the Civil Code, releasing De Francesco Casa d'Aste e Galleria S.r.l. from any related liability. For this purpose, neither De Francesco Casa d'Aste e Galleria S.r.l. nor its staff can provide any valid warranty in this regard.
1.10 In any case, the potential liability of De Francesco Casa d'Aste e Galleria S.r.l. towards the Buyer (the individual or legal entity making the highest bid at auction accepted by the auctioneer and winning the lot) in relation to the purchase of a lot by the latter is limited to the Hammer Price and the purchase commission paid to De Francesco Casa d'Aste e Galleria S.r.l. by the Buyer.
1.11 The auctioneer's hammer strike determines the acceptance of the highest bid and the price at which the lot is awarded by the auctioneer to the Buyer. The auctioneer's hammer strike also constitutes the conclusion of the sales contract between the Seller and the Buyer, and in particular, the obligation of the Buyer to pay De Francesco Casa d'Aste e Galleria S.r.l. the entire amount due for the award of the lot, including the price and commission. It is expressly provided that only after the full payment to De Francesco Casa d'Aste e Galleria S.r.l. of all amounts due by the Buyer, the sale will be considered completed, and the ownership and possession of the awarded lot may pass to the Buyer (subject to any different provisions of Legislative Decree no. 42/04, also regarding the State's pre-emption; reference is also made to § 11.4 of these conditions).
2 Bids for the Auction
2.1 Bids for the purchase of lots can be submitted in person at the auction venue, through a written bid before the auction, by phone, or online (in the latter case, only if possible for the specific auction).
2.2 The bid increments are 10% higher than the previous one, unless the auctioneer communicates a different choice before or during the auction.
2.3 In the event of equal bids submitted through the same method (i.e., in person, by phone, in writing, or online), De Francesco Casa d'Aste e Galleria S.r.l. will consider only the first received bid.
2.4 If there is a dispute regarding the award of a lot, the auctioneer may, at their sole discretion, withdraw the lot from the auction or put it back up for auction on the same day (in this case, previous bids on the lot will no longer be considered).
2.5 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to refuse participation in auctions to anyone at its complete discretion. In particular, De Francesco Casa d'Aste e Galleria S.r.l. may refuse the participation of potential buyers who have not promptly fulfilled their obligations, including compensatory obligations, to De Francesco Casa d'Aste e Galleria S.r.l.
2.6 The auctioneer conducts the auction starting from the bid they consider appropriate. The auctioneer may make consecutive bids or respond to other bids in the interest of the Seller until the Reserve Price is reached (the minimum price agreed confidentially between De Francesco Casa d'Aste e Galleria S.r.l. and the Seller below which the lot will not be sold).
2.7 At any time, De Francesco Casa d'Aste e Galleria S.r.l. has the right to withdraw any lot offered for sale from the auction. The auctioneer has the right, at their sole discretion, to combine or separate lots and change their order of sale compared to what is indicated in the catalog, provided that the lot is not offered for auction on a day earlier than that indicated in the auction catalog.
2.8 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right, in relation to each potential buyer, to make participation in the auction conditional on the presentation of a letter of bank references or the deposit of a sum as a guarantee for the exact fulfillment of the obligations specified in these General Terms of Sale, which will be returned once the auction is concluded.
3 Bids in the Room
3.1 To participate in the auction in person, it is necessary to obtain the appropriate numbered paddle, which is provided at the registration desk by the staff of De Francesco Casa d'Aste e Galleria S.r.l. after filling out the auction registration form and presenting an identification document of the potential buyer. The bid to win the lot is expressed by raising the numbered paddle.
3.2 Casa d'Aste e Galleria S.r.l. encourages potential buyers to obtain the numbered paddle in advance and informs that registration for the auction can also be done on days when the exhibition preceding the auction takes place. The loss of the numbered paddle must be immediately communicated to De Francesco Casa d'Aste e Galleria S.r.l., which will assign a new numbered paddle to the potential buyer. The numbered paddle must be returned to De Francesco Casa d'Aste e Galleria S.r.l. at the end of the auction.
3.3 Immediately after winning the lot, the Buyer must sign an award report.
3.4 Each lot won in the room will be invoiced based on the details and address provided at the time of assigning the numbered paddle.
3.5 It is possible to participate in the auction as a representative of a third person. The representative, when registering for the auction, must present a proxy signed by the represented party, along with a copy of the identification document and tax code of both the represented and the representative. If the represented party is a company, the proxy must be signed by the legal representative or an authorized representative, and their ID and tax code must be attached to the proxy. In any case, De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to prevent the representative from participating in the auction when, at its sole discretion, the power of representation is not deemed proven.
3.6 "At best" or "subject to inspection" bids will not be accepted under any circumstances.
4 Written Bids
4.1 Written bids can be submitted by completing the "Written and Telephone Bids Form" (Form) attached to the auction catalog or downloadable from the website www.defrancescoaste.it (Site).
4.2 The Form must be sent to De Francesco Casa d'Aste e Galleria S.r.l. at least 24 hours before the start of the auction: by fax to +39 0813590303 (for auctions held at the headquarters of De Francesco Casa d'Aste e Galleria S.r.l.), or in PDF format via email to info@defrancescoaste.it (or to the email address of the department specified by De Francesco Casa d'Aste e Galleria S.r.l. on the Site or in the auction catalog). In any case, the required documentation must be attached to the Form; otherwise, De Francesco Casa d'Aste e Galleria S.r.l. does not guarantee the potential buyer's participation in the auction, nor will it execute the bids indicated in the Form. De Francesco Casa d'Aste e Galleria S.r.l. will only execute bids that are equal to or higher than 80% of the minimum estimate indicated in the catalog and referring to the lot for which the bid is submitted.
4.3 Written bids will be accepted only if rounded to the nearest ten; otherwise, De Francesco Casa d'Aste e Galleria S.r.l. will consider the bid as rounded down to the nearest ten (for example, a written bid of €228.00 will be considered by De Francesco Casa d'Aste e Galleria S.r.l. as formulated for €220.00).
4.4 De Francesco Casa d'Aste e Galleria S.r.l., in conducting bids on behalf of the potential buyer, will consider both the reserve price and other bids to try to achieve the award of the lot at the lowest Winning Price. The amounts indicated in the Form will be understood as maximum amounts. De Francesco Casa d'Aste e Galleria S.r.l. will not consider bids with unlimited amounts or without a specified amount.
4.5 De Francesco Casa d'Aste e Galleria S.r.l. is not responsible for any errors made by the potential buyer in completing the Form. Before sending the Form to De Francesco Casa d'Aste e Galleria S.r.l., the potential buyer is required to verify that the description of the lot in the Form corresponds to the item they intend to purchase. In particular, the potential buyer is required to verify that there is a correspondence between the auction catalog number of the work and the lot description. In case of a discrepancy between the lot number and the description, De Francesco Casa d'Aste e Galleria S.r.l. will make the bid on behalf of the potential buyer with exclusive reference to the lot number.
4.6 At the end of the auction, the Buyer will be informed by De Francesco Casa d'Aste e Galleria S.r.l. via email of the lot's award. In any case, each potential buyer is invited to contact De Francesco Casa d'Aste e Galleria S.r.l. at the numbers indicated in Article 23 to verify if their bid was the highest.
4.7 In the case of a written bid and an in-room bid, a telephone bid, or an online bid of equal amount, the latter will prevail over the written bid.
5 Telephone Bids
5.1 By completing and submitting the Form, a potential buyer can participate in the auction by placing telephone bids.
5.2 The Form must be sent to De Francesco Casa d'Aste e Galleria S.r.l. at least 24 hours before the start of the auction in PDF format via email to info@defrancescoaste.it (or to the email address of the relevant department of De Francesco Casa d'Aste e Galleria S.r.l. as indicated on the Site or in the auction catalog), in any case attaching the documentation required in the Form.
5.3 Following the receipt of the Form and its correct completion, De Francesco Casa d'Aste e Galleria S.r.l. will contact the potential buyer at the phone number indicated in the Form before the lot for which the potential buyer intends to place telephone bids is offered for sale at the auction.
5.4 The minimum estimate indicated in the catalog for each lot for which telephone bids are intended must be at least €100.00; otherwise, De Francesco Casa d'Aste e Galleria S.r.l. will not contact the potential buyer, and the latter cannot place telephone bids on the lot.
5.5 If, for any reason, even technical reasons, De Francesco Casa d'Aste e Galleria S.r.l. cannot contact the potential buyer by phone, De Francesco Casa d'Aste e Galleria S.r.l., in relation to each lot indicated in the Form, has the right to place bids on behalf of the potential buyer up to a Winning Price equal to the maximum bid indicated by the potential buyer in the Form or, in the absence of this maximum bid, to the auction base price related to the lot.
5.6 De Francesco Casa d'Aste e Galleria S.r.l. is not responsible in any way for the delay or non-execution of telephone orders resulting from the malfunction of the telephone line.
5.7 Telephone connections during the auction will be recorded. De Francesco Casa d'Aste e Galleria S.r.l. staff can make calls in Italian, English, and French.
6 Online Bids
6.1 De Francesco Casa d'Aste e Galleria S.r.l. will communicate on the Site (at least 24 hours before the start of the auction) and/or in the auction catalog whether it is possible to place bids online, through the Site or third-party-managed sites.
6.2 Online bids are governed by both these General Terms of Sale and the "Additional Conditions for Submitting Online Bids" available on the Site or upon request. In case of discrepancies between these General Terms of Sale and the "Additional Conditions for Submitting Online Bids," the latter will prevail.
6.3 For information regarding auction registration and online bid submission, please refer to the Site.
6.4 In case of participation in the auction and bids placed through platforms and/or websites other than the De Francesco Aste Live platform, an additional commission of 5% on the Winning Price will be applied, if provided (for any other information, please refer to the website www.defrancescoaste.it).
7 Payment
7.1 In case of winning the lot, the Buyer must pay De Francesco Casa d'Aste e Galleria S.r.l the auction price of the lot, in addition to the purchase commission equal to 25% of the auction price (VAT included if applicable in both cases) and any other amount due to De Francesco Casa d'Aste e Galleria S.r.l under these General Conditions of Sale (see also § 6.4) and related to the lot's winning (Amount Due).
7.2 The Buyer is obligated to pay the Amount Due within ten days, starting from the day following the award.
7.3 In case of non-payment or delayed payment by the Buyer, in whole or in part, of the Amount Due within the aforementioned essential period, De Francesco Casa d'Aste e Galleria S.r.l. may terminate the sale under art. 1456 c.c. through simple written communication. In this case, De Francesco Casa d'Aste e Galleria S.r.l. shall be entitled to a penalty equal to twice the purchase commission that the defaulting Buyer should have paid, plus any additional damage, and may retain any deposits paid by the Buyer.
7.4 Payment can be made by bank transfer, check, or credit card. In any case, all payment-related fees will be borne by the buyer. If De Francesco Casa d'Aste receives an amount less than the due amount for any reason (in euro), the payment will not be considered complete.
7.5 The bank details for transfers are as follows: IBAN IT93C0711003400000000013065; Swift code no. ICRAITRR; beneficiary: De Francesco Casa d'Aste e Galleria S.r.l. Please indicate your name, surname, lot number, and auction in the reason for payment.
7.6 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to verify the origin of received payments and not to accept payments from individuals other than the Buyer.
7.7 De Francesco Casa d'Aste e Galleria S.r.l. will send the due amount to the consignor within 35 working days from the date De Francesco Casa d'Aste e Galleria S.r.l. receives payment from the Buyer.
7.8 In accordance with Legislative Decree no. 231/07 and subsequent amendments and integrations and in full compliance with the provisions of Legislative Decree 196/2003 (Privacy Code) and EU Regulation 2016/679, De Francesco Casa d'Aste e Galleria S.r.l. will request from all Customers the necessary data for the fulfillment of the obligations of adequate customer verification and the actual owner. In case of a formal request from the Authorities and Public Administration, and in any other case provided by law, De Francesco Casa d'Aste e Galleria S.r.l. may disclose the name and contact details of the Buyer.
8 Delivery and Pickup of the Lot
8.1 De Francesco Casa d'Aste e Galleria S.r.l. will deliver the lot to the Buyer only after full payment of the Amount Due (unless different provisions under Legislative Decree no. 42/04, also regarding the State's preemption; see also § 12.4 of these conditions).
8.2 De Francesco Casa d'Aste e Galleria S.r.l. is not obligated to arrange for the shipment of the awarded lot, which must be picked up by the Buyer in Naples at the warehouse of De Francesco Casa d'Aste e Galleria S.r.l. in via Vallone dei Gerolomini 14 within ten days after the payment.
8.3 If the Buyer does not promptly pick up the paid lot within ten days of payment or obtaining the certificate of free circulation and/or export license, De Francesco Casa d'Aste e Galleria S.r.l. may proceed with the elimination of the lot, with prior communication via registered mail or PEC. The Buyer acknowledges and accepts that in the event of lot elimination, they will not have the right to pursue any action or claim against De Francesco Casa d'Aste e Galleria S.r.l., which is therefore released from any liability.
8.4 If the Buyer authorizes a third party to pick up the lot, the latter must be provided with a written authorization from the Buyer, as well as a photocopy of the document of the delegator and delegate.
8.5 Upon the Buyer's explicit request, De Francesco Casa d'Aste e Galleria S.r.l. may, at the expense and risk of the Buyer, organize the packaging, transportation, and insurance of the lot, subject to the Buyer's written communication and acceptance of the related expenses. Shipment can be made by a carrier appointed by De Francesco Casa d'Aste e Galleria S.r.l., as indicated by the Buyer, or directly appointed by the Buyer, depending on the agreements.
8.6 The cost of the packaging, transportation, and insurance of the lot will be determined and communicated to the Buyer by De Francesco Casa d'Aste e Galleria S.r.l. in advance. The Buyer must pay this amount within seven days of receiving the communication. The packaging, transportation, and insurance of the lot will only take place after the Buyer has paid this amount.
8.7 In case of collection of the lot by a third party appointed by the Buyer, the latter remains solely responsible for the full payment of the Amount Due, as well as for any disputes related to the lot.
9 Auctioning of the Lot
9.1 In the event of non-payment, De Francesco Casa d'Aste e Galleria S.r.l. may auction the unpaid lot in a subsequent auction, without prejudice to the right to recover from the defaulting Buyer the difference between the final price obtained in the subsequent auction and the original auction price, in addition to the relevant commissions, expenses, and damages.
9.2 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to sell any unsold lot after the auction, even at a price lower than the reserve.
10 Default by the Buyer
10.1 In case of default by the Buyer, De Francesco Casa d'Aste e Galleria S.r.l. may, without prejudice to the payment of the Amount Due, also recover from the Buyer, without the need for a prior assessment, a sum equal to 10% of the Amount Due, as a penalty for damages, plus any further damage.
10.2 The defaulting Buyer shall also bear all legal and out-of-court costs necessary for the recovery of the Amount Due.
11 Warranty and Authenticity of the Lot
11.1 The descriptions in the catalog, on the website, and any other related documentation concerning the origin, attribution, period, culture, source, authorship, artistic or historical relevance, or any other feature of the lot are made with the utmost care and in good faith, but are purely indicative and not binding for De Francesco Casa d'Aste e Galleria S.r.l.
11.2 De Francesco Casa d'Aste e Galleria S.r.l. does not provide any guarantee on the origin, attribution, period, culture, source, authorship, artistic or historical relevance, or any other feature of the lot, and therefore the absence of any indication in this regard does not imply any declaration or guarantee.
11.3 The Buyer acknowledges and accepts that the attribution of the lot may be uncertain and that De Francesco Casa d'Aste e Galleria S.r.l. assumes no responsibility for any changes to the catalog, on the website, and any other related documentation that may occur after the publication of the auction.
11.4 All the lots are sold "as is," and the absence of a specific indication in the catalog does not imply any defect.
11.5 Any complaint must be submitted in writing within ten days of the award and must be received by De Francesco Casa d'Aste e Galleria S.r.l. no later than 20 days after the award.
11.6 De Francesco Casa d'Aste e Galleria S.r.l. may, at its discretion, reimburse the Amount Due to the Buyer only if the complaint is accepted.
11.7 The warranty does not cover defects or imperfections expressly indicated in the catalog, on the website, and any other related documentation, or defects and imperfections that the Buyer could have easily observed, also taking into account the statements made at the auction.
11.8 The warranty is also excluded in the event that the defect is due to damage occurred after the award.
12 Final Provisions
12.1 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to exclude anyone from participation in the auction, refuse bids, or withdraw the lots from the auction without providing any reason.
12.2 The award entails the full and unconditional acceptance of these General Conditions of Sale.
12.3 These General Conditions of Sale and the relationships between De Francesco Casa d'Aste e Galleria S.r.l. and the Buyer are governed by Italian law.
12.4 For any dispute, the Court of Naples shall have exclusive jurisdiction, except for the provisions of Legislative Decree no. 42/04 concerning the State's preemption.
13 Resale Right
13.1 If applicable, payment of the so-called "resale right" (introduced by Legislative Decree February 13, 2006, No. 118, implementing Directive 2001/84/EC) shall be made by the Seller.
14 Protected Species
14.1 CITES certificates are valid only within the territory of the European Union. Goods made of ivory, even if equipped with the aforementioned certificate, cannot be exported outside the territory of the European Union.
14.2 Regardless of obtaining a certificate or export license under art. 68 et seq. of the Urban Code, all lots consisting of or containing parts of plants or animals (e.g., whale bones, crocodile, coral, turtle), regardless of age and value, may require a license or certificate before export and/or additional licenses and/or certificates for import into non-EU countries. Obtaining an import license or certificate does not guarantee obtaining an export license or certificate and vice versa. De Francesco Casa d'Aste e Galleria S.r.l. advises potential buyers to check their local legislation regarding the necessary requirements for importing goods containing protected species into their country. Before making any bids, it is the Buyer's responsibility to ensure they can obtain such import or export licenses/certificates, with an express waiver of any potential obligation and/or liability on the part of De Francesco Casa d'Aste e Galleria S.r.l.
15 Legal Warranty of Conformity
15.1 Where required by law, lots sold through De Francesco Casa d'Aste e Galleria S.r.l. are covered by the legal warranty of conformity provided for in articles 128-135 of the Consumer Code (Legal Warranty), if applicable.
15.2 The Legal Warranty is reserved for the consumer (i.e., according to art. 3, paragraph 1, letter a) of the Consumer Code, the natural person acting for purposes unrelated to entrepreneurial, commercial, artisanal, or professional activities potentially carried out).
15.3 The Seller is liable to the consumer for a defect of conformity existing at the time of product delivery and manifesting within two years from that delivery. The defect of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered. Unless proven otherwise, it is presumed that defects of conformity that occur within six months of the product's delivery date already existed at that time, unless this hypothesis is incompatible with the nature of the product or the nature of the conformity defect. Starting from the seventh month after the lot's delivery, it will be the consumer's responsibility to prove that the conformity defect already existed at the time of delivery. To benefit from the Legal Warranty, the consumer must provide proof of the auction date and lot delivery. Therefore, the consumer should keep any documentation suitable for proving the auction (e.g., the purchase invoice) and the lot's delivery or collection date for this purpose.
15.4 Regarding the definition of "defect of conformity," reference is made to what is indicated in art. 129, paragraph II, of the Consumer Code. Defects caused by accidental events or the consumer's responsibility or by the lot's use not in accordance with its intended purpose are excluded from the scope of the Legal Warranty.
15.5 In case of a duly reported defect of conformity within the specified terms, the consumer has the right: (i) primarily, to the free repair or replacement of the lot, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other; (ii) secondarily (i.e., in case repair or replacement is impossible or excessively burdensome, or repair or replacement is not carried out within a reasonable time, or repair or replacement previously carried out causes significant inconvenience to the consumer), to a reduction in the auction price or resolution of the contract, at their choice. The requested remedy is excessively burdensome if it imposes unreasonable costs on the Seller compared to alternative remedies that can be used, taking into account: (i) the value the good would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) the possibility that the alternative remedy can be used without significant inconvenience to the consumer.
15.6 In case the lot, during the validity period of the Legal Warranty, exhibits a defect of conformity, the consumer can communicate the circumstance to De Francesco Casa d'Aste e Galleria S.r.l. using the contacts indicated in art. 23. De Francesco Casa d'Aste e Galleria S.r.l. will promptly respond to the communication of the alleged conformity defect and will indicate to the consumer the specific procedure to follow.
16 Jurisdiction and Applicable Law
These Sales Conditions are governed by Italian law and are fully accepted, without any reservation, by all participants in the auction (including remotely, via phone, via the internet, through applications). In case of translation into another language of the Sales Conditions, the Italian text will prevail and remain valid and binding. For any dispute related to the auction activity at De Francesco Casa d'Aste e Galleria S.r.l., the exclusive jurisdiction of the Naples Court is established, excluding any other court.
17 Additional Conditions for Online Bidding
These Additional Conditions for Online Bidding apply to auctions for which De Francesco Casa d'Aste e Galleria S.r.l., a company with its registered office in Naples, vico della noce a fonseca 1, 80135, VAT No. 10294961213, REA No. NA1095033, fully paid-up share capital of €15,000, allows the formulation of online bids through the website www.defrancescoaste.it (Website) or third-party sites (Platforms). Each lot is offered for sale by De Francesco Casa d'Aste e Galleria S.r.l. Contracts of sale concluded online through the Website and/or Platforms are excluded from the discipline of Chapter I, Title III of Legislative Decree September 6, 2005, No. 206, as they are concluded on the occasion of an auction. These Conditions are additional to (and do not replace) the above General Sales Conditions, the definitions of which are hereby referred to. By participating in the auction through the Website and/or Platforms, the bidder agrees to be bound by the General Sales Conditions applicable to the sale and these additional Conditions.
18 Immediacy and Irrevocability of Online Bids. Exception to the Right of Withdrawal.
To register for the auction, it is necessary to send a copy of a valid ID to the address info@defrancescoaste.it. Without it, it will not be possible to register for the auction. De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to refuse or revoke auction registration at its sole discretion. The procedure for placing a bid through the Website and/or Platform is instantaneous; the bid is sent as soon as the bidder clicks the relevant button and is final. By submitting an online bid through the Website and/or Platform, you accept that the bid is final and cannot be modified or revoked in any way. Also, in accordance with article 59, paragraph 1, letter m) of the Consumer Code, if the auction sales contract is concluded with a bidder who has placed an online bid through the Website and/or Platform and can be qualified as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code, the Buyer will not have the right of withdrawal, as the sales method used is a public auction, as defined by art. 45, paragraph 1, letter o) of the Consumer Code. If the bid sent to De Francesco Casa d'Aste e Galleria S.r.l. is the highest, the Buyer irrevocably agrees to pay the entire purchase price, including buyer's premiums and all applicable taxes and any other charges.
19 Payment and Delivery Methods
19.1 Payment Method: Refer to clause 7 of the General Sales Conditions.
19.2 Delivery: Refer to clause 8 of the General Sales Conditions.
20 Incremental Bids
Each incremental bid will appear on the Website and/or Platform screen. The auctioneer has the right to vary increments for bidders present in the auction room and by phone, but those placing a bid through the Website and/or Platform may not be able to bid for an amount different from that of an entire incremental bid. All auction bids will be expressed in euros.
21 Bidder's Responsibility
Those placing bids through the Website and/or Platform are responsible for their knowledge of all communications and announcements made during the auction. All communications made will be read by the auctioneer, at the beginning, if necessary, or during the auction, before the relevant lot is offered for sale. De Francesco Casa d'Aste e Galleria S.r.l. recommends that those placing bids through the Website and/or Platform authenticate via login at least ten minutes before the auction begins to ensure they hear all communications made by the auctioneer at the beginning of the auction. All communications about changes to the auction lot sale ("sale room notices") and announcements in the room made by the auctioneer are part of these Conditions and the General Sales Conditions. De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to refuse or revoke the permission to bid online through the Website and/or Platform, as well as to revoke bidding privileges during an auction. Buyers of lots will receive confirmation of the award and the statement related to their purchase after the sale.
22 Disclaimer
22.1 De Francesco Casa d'Aste e Galleria S.r.l. shall not be held responsible for any errors or malfunctions in the presentation of bids through the Website and/or Platform, including, but not limited to, errors or malfunctions caused by: (i) loss of internet connection or software malfunction of the Website and/or Platform by De Francesco Casa d'Aste e Galleria S.r.l. or the client; (ii) malfunction or problem with the software of the Website and/or Platform; or (iii) breakdown or problem with the client's internet connection, mobile network, or computer. De Francesco Casa d'Aste e Galleria S.r.l. is not responsible for any inability to place an online bid or for any errors or omissions related to it. Participation in the auction through the Website and/or Platform is therefore at the exclusive risk of bidders and potential buyers, who assume all risks and responsibilities regarding the receipt and successful outcome of bids made and/or to be made.
22.2 De Francesco Casa d'Aste e Galleria S.r.l. assumes no responsibility towards the buyer regarding any export restrictions on the awarded lots or any procedures, licenses, or certificates that the buyer may need to obtain under Italian legislation.
22.3 The estimated values indicated in the catalog are expressed in euros and are for guidance purposes only. They cannot create any reliance on the part of bidders and awardees. These values may be equal to, higher than, or lower than the reserve prices of the lots agreed upon with the sellers.
23 CONTACTS
Information, communications, assistance requests, or complaints can be made by contacting De Francesco Casa d'Aste e Galleria S.r.l. through the following methods:
by email: at the address info@defrancescoaste.it;
by mail: writing to De Francesco Casa d'Aste e Galleria S.r.l., Naples, vico della noce a fonseca 1 (80135);
by phone: at the number +39 0813590303, operational on the following days and times: Mon-Fri 9:00-13:00; 14:00-17:30, excluding national holidays in Italy); De Francesco Casa d'Aste e Galleria S.r.l. will respond to complaints within five working days of receiving them.
24 CONSENT TO SALE
By signing this agreement, the principal authorizes De Francesco Casa d'Aste e Galleria S.r.l. to sell their assets listed in the attached mandate, at auction under the conditions already discussed and in private negotiations with the same sales conditions (respecting reserve prices and the percentages due to De Francesco Casa d'Aste e Galleria S.r.l. as sales commissions).
GDPR INFORMATION EX ART. 13 Pursuant to and for the effects of art. 13 of the New Data Protection Regulation (GDPR 2016/679), the Client (so-called interested party) is informed that:
1 Data Controller and other designated subjects
The Data Controller is De Francesco Casa d'Aste e Galleria S.r.l., with registered office in Naples, vico della noce a fonseca 1, represented by the director, Massimo De Francesco, email: info@defrancescoaste.it.
2 Processing carried out and legal basis
Personal data freely provided by the Client to the company in relation to the activities carried out in accordance with a specific contractual regulation will be processed lawfully, fairly, and in accordance with the Regulation for the purpose of: - executing the mandate to sell and/or participating in scheduled auctions; - for purposes provided for by current anti-money laundering legislation (Legislative Decree 231/07 and subsequent amendments). The provision of the above-mentioned data is mandatory for the Data Controller to perform the assigned task. In case of refusal to provide the requested data, the Data Controller will be unable to perform the contractually stipulated services, due to the fault of the interested Client. Personal data such as email addresses, provided voluntarily by the Client to the company based on specific consent given by the same, will be processed lawfully and fairly, as well as in accordance with the Regulation for the purpose of sending information, updates, and news about new auctions and/or future events. For this processing, the company will collect consent electronically and/or on paper. The image will be captured through a video recording system, as regularly indicated in the information, in the legitimate interest of the Data Controller, or to protect the safety of individuals and the protection of the company's assets.
3 Processing tools and data storage methods
The processed data (which may be common and identifying) are up-to-date, complete, relevant, and not excessive for the aforementioned processing purposes. The same data will be processed, respecting the necessary security and confidentiality, through the following methods: data collection from the interested party, recording and storage for the predetermined, explicit, and legitimate purposes. The same data will be processed both with paper tools and with electronic and automated means. Personal data will be processed by the Data Controller as well as by authorized employees and collaborators. The data may be communicated, in addition to the public entities receiving the communications - declarations subject to this contract, also to the supervisory bodies, if required in the context of verification and control phases, related to the regularity of compliance. The same data, the subject of this information, may be communicated to professionals and/or collaborators of the data controller for the performance of the entrusted task and for the same purposes. On the other hand, the data in question will not be subject to dissemination beyond the limits specified therein unless otherwise indicated by the interested party, provided in writing. It is not the intention of the Data Controller to transfer the data subject to this to a third country or to an international organization. It is clarified that even the external backup is carried out by an Italian company, therefore also subject to compliance with the privacy regulations in question, through the use of servers located in Italian territory. There is no automated decision-making process. Finally, the interested party is informed that the Data Controller has implemented a variety of security measures to protect the data against the risk of loss, misuse, or alteration.
4 Data retention period The data, the subject of this information, will be kept:
- for 10 years from the conclusion of the contractual relationship, for processing based on a contractual legal basis;
- 5 years from the withdrawal of consent for processing based on a consensual basis
- not beyond 72 hours, concerning the processing of surveillance camera images.
1.1 Lots are offered for sale by De Francesco Casa d'Aste e Galleria S.r.l., a company with its registered office in Naples, vico della noce a fonseca 1 (80135), VAT number 10294961213, REA no. NA1095033, fully paid-up share capital of €15,000, acting on behalf of the Seller as a representative with the power of attorney, except in cases where Casa d'Aste e Galleria S.r.l. is the owner of the lot. The term "Seller" refers to the individual or legal entity that owns the lot offered for auction by Casa d'Aste e Galleria S.r.l. In any case (including telephone and/or online bids, and/or online auctions), the sale is considered to be carried out within the framework of a public auction, with no right of withdrawal in favor of the buyer.
1.2 These General Terms of Sale may be modified by notice posted in the auction room or through an announcement made by the auctioneer before the start of the auction. Potential buyers are requested to consult the website www.defrancescoaste.it (Site) to view the most updated cataloging of lots and any different sales conditions for the specific auction.
1.3 Casa d'Aste acts as a representative of the Seller and is exempt from any responsibility regarding the origin, condition, and description of the lots in the catalogs, brochures, and any other illustrative material. Such descriptions, as well as any other indications or illustrations, should be considered purely indicative and cannot generate reliance and/or expectation of any kind in potential buyers. The lack of explicit references in the auction catalog regarding the condition of the lot does not imply that the item is without imperfections. Any written or verbal representations provided by De Francesco Casa d'Aste e Galleria S.r.l., including those in the catalog, in reports, comments, or evaluations concerning any feature of a lot - such as authorship, authenticity, origin, attribution, source, quality, including price or value, estimation - reflect exclusively non-binding opinions and may be reviewed by De Francesco Casa d'Aste e Galleria S.r.l. and, if necessary, modified before the lot is offered for sale. De Francesco Casa d'Aste e Galleria S.r.l., its administrators, employees, collaborators, or consultants cannot be held responsible for errors or omissions in the aforementioned descriptions and/or representations. Estimates published in the catalog are expressed in euros: the auction base price and the Hammer Price (i.e., the price at which the lot is auctioned by the auctioneer) may be higher or lower than the indicated estimates.
1.4 Each potential buyer is required to examine the condition of each lot in the exhibition organized by De Francesco Casa d'Aste e Galleria S.r.l. before the auction, to conduct (even with their own experts) a preliminary in-depth examination regarding the authenticity, state of preservation and conditions, origin, type, and quality of the lots, on which exclusively potential buyers - and the final buyer - assume all risks and responsibilities. During the exhibition, the staff of De Francesco Casa d'Aste e Galleria S.r.l. will be available to potential buyers to provide, upon their request, an updated illustration of the goods, if available.
1.5 In the case of goods offered for sale through timed auctions, in the absence of public exhibition, De Francesco Casa d'Aste e Galleria S.r.l. is available for those who request a possible viewing of the said goods, upon request by email or by prior telephone appointment, specifying the codes of the lots concerned. The communication must take place no later than 3 (three) working days before the start of the timed auction.
1.6 In addition to the descriptions in the catalog, De Francesco Casa d'Aste e Galleria S.r.l. makes available, upon request, condition reports on the state of each lot.
1.7 All electrical or mechanical items are to be considered solely based on their artistic and decorative value and are not to be considered functional. Before using the awarded lot, it is important to ensure that the electrical system, if present, is certified by a qualified electrician, and De Francesco Casa d'Aste e Galleria S.r.l. assumes no responsibility in this regard.
1.8 Neither De Francesco Casa d'Aste e Galleria S.r.l., nor its administrators, employees, collaborators, or consultants will be responsible for acts or omissions related to the preparation or conduct of the auction or for any other matter related to the sale of the lot.
1.9 After the award, De Francesco Casa d'Aste e Galleria S.r.l. cannot be held responsible for any defects in the lots, including but not limited to the state of preservation, incorrect attribution, authenticity, origin, weight, or lack of quality of the lots. Potential buyers and the winning bidder expressly waive the warranty under articles 1490 and 1497 of the Civil Code, releasing De Francesco Casa d'Aste e Galleria S.r.l. from any related liability. For this purpose, neither De Francesco Casa d'Aste e Galleria S.r.l. nor its staff can provide any valid warranty in this regard.
1.10 In any case, the potential liability of De Francesco Casa d'Aste e Galleria S.r.l. towards the Buyer (the individual or legal entity making the highest bid at auction accepted by the auctioneer and winning the lot) in relation to the purchase of a lot by the latter is limited to the Hammer Price and the purchase commission paid to De Francesco Casa d'Aste e Galleria S.r.l. by the Buyer.
1.11 The auctioneer's hammer strike determines the acceptance of the highest bid and the price at which the lot is awarded by the auctioneer to the Buyer. The auctioneer's hammer strike also constitutes the conclusion of the sales contract between the Seller and the Buyer, and in particular, the obligation of the Buyer to pay De Francesco Casa d'Aste e Galleria S.r.l. the entire amount due for the award of the lot, including the price and commission. It is expressly provided that only after the full payment to De Francesco Casa d'Aste e Galleria S.r.l. of all amounts due by the Buyer, the sale will be considered completed, and the ownership and possession of the awarded lot may pass to the Buyer (subject to any different provisions of Legislative Decree no. 42/04, also regarding the State's pre-emption; reference is also made to § 11.4 of these conditions).
2 Bids for the Auction
2.1 Bids for the purchase of lots can be submitted in person at the auction venue, through a written bid before the auction, by phone, or online (in the latter case, only if possible for the specific auction).
2.2 The bid increments are 10% higher than the previous one, unless the auctioneer communicates a different choice before or during the auction.
2.3 In the event of equal bids submitted through the same method (i.e., in person, by phone, in writing, or online), De Francesco Casa d'Aste e Galleria S.r.l. will consider only the first received bid.
2.4 If there is a dispute regarding the award of a lot, the auctioneer may, at their sole discretion, withdraw the lot from the auction or put it back up for auction on the same day (in this case, previous bids on the lot will no longer be considered).
2.5 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to refuse participation in auctions to anyone at its complete discretion. In particular, De Francesco Casa d'Aste e Galleria S.r.l. may refuse the participation of potential buyers who have not promptly fulfilled their obligations, including compensatory obligations, to De Francesco Casa d'Aste e Galleria S.r.l.
2.6 The auctioneer conducts the auction starting from the bid they consider appropriate. The auctioneer may make consecutive bids or respond to other bids in the interest of the Seller until the Reserve Price is reached (the minimum price agreed confidentially between De Francesco Casa d'Aste e Galleria S.r.l. and the Seller below which the lot will not be sold).
2.7 At any time, De Francesco Casa d'Aste e Galleria S.r.l. has the right to withdraw any lot offered for sale from the auction. The auctioneer has the right, at their sole discretion, to combine or separate lots and change their order of sale compared to what is indicated in the catalog, provided that the lot is not offered for auction on a day earlier than that indicated in the auction catalog.
2.8 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right, in relation to each potential buyer, to make participation in the auction conditional on the presentation of a letter of bank references or the deposit of a sum as a guarantee for the exact fulfillment of the obligations specified in these General Terms of Sale, which will be returned once the auction is concluded.
3 Bids in the Room
3.1 To participate in the auction in person, it is necessary to obtain the appropriate numbered paddle, which is provided at the registration desk by the staff of De Francesco Casa d'Aste e Galleria S.r.l. after filling out the auction registration form and presenting an identification document of the potential buyer. The bid to win the lot is expressed by raising the numbered paddle.
3.2 Casa d'Aste e Galleria S.r.l. encourages potential buyers to obtain the numbered paddle in advance and informs that registration for the auction can also be done on days when the exhibition preceding the auction takes place. The loss of the numbered paddle must be immediately communicated to De Francesco Casa d'Aste e Galleria S.r.l., which will assign a new numbered paddle to the potential buyer. The numbered paddle must be returned to De Francesco Casa d'Aste e Galleria S.r.l. at the end of the auction.
3.3 Immediately after winning the lot, the Buyer must sign an award report.
3.4 Each lot won in the room will be invoiced based on the details and address provided at the time of assigning the numbered paddle.
3.5 It is possible to participate in the auction as a representative of a third person. The representative, when registering for the auction, must present a proxy signed by the represented party, along with a copy of the identification document and tax code of both the represented and the representative. If the represented party is a company, the proxy must be signed by the legal representative or an authorized representative, and their ID and tax code must be attached to the proxy. In any case, De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to prevent the representative from participating in the auction when, at its sole discretion, the power of representation is not deemed proven.
3.6 "At best" or "subject to inspection" bids will not be accepted under any circumstances.
4 Written Bids
4.1 Written bids can be submitted by completing the "Written and Telephone Bids Form" (Form) attached to the auction catalog or downloadable from the website www.defrancescoaste.it (Site).
4.2 The Form must be sent to De Francesco Casa d'Aste e Galleria S.r.l. at least 24 hours before the start of the auction: by fax to +39 0813590303 (for auctions held at the headquarters of De Francesco Casa d'Aste e Galleria S.r.l.), or in PDF format via email to info@defrancescoaste.it (or to the email address of the department specified by De Francesco Casa d'Aste e Galleria S.r.l. on the Site or in the auction catalog). In any case, the required documentation must be attached to the Form; otherwise, De Francesco Casa d'Aste e Galleria S.r.l. does not guarantee the potential buyer's participation in the auction, nor will it execute the bids indicated in the Form. De Francesco Casa d'Aste e Galleria S.r.l. will only execute bids that are equal to or higher than 80% of the minimum estimate indicated in the catalog and referring to the lot for which the bid is submitted.
4.3 Written bids will be accepted only if rounded to the nearest ten; otherwise, De Francesco Casa d'Aste e Galleria S.r.l. will consider the bid as rounded down to the nearest ten (for example, a written bid of €228.00 will be considered by De Francesco Casa d'Aste e Galleria S.r.l. as formulated for €220.00).
4.4 De Francesco Casa d'Aste e Galleria S.r.l., in conducting bids on behalf of the potential buyer, will consider both the reserve price and other bids to try to achieve the award of the lot at the lowest Winning Price. The amounts indicated in the Form will be understood as maximum amounts. De Francesco Casa d'Aste e Galleria S.r.l. will not consider bids with unlimited amounts or without a specified amount.
4.5 De Francesco Casa d'Aste e Galleria S.r.l. is not responsible for any errors made by the potential buyer in completing the Form. Before sending the Form to De Francesco Casa d'Aste e Galleria S.r.l., the potential buyer is required to verify that the description of the lot in the Form corresponds to the item they intend to purchase. In particular, the potential buyer is required to verify that there is a correspondence between the auction catalog number of the work and the lot description. In case of a discrepancy between the lot number and the description, De Francesco Casa d'Aste e Galleria S.r.l. will make the bid on behalf of the potential buyer with exclusive reference to the lot number.
4.6 At the end of the auction, the Buyer will be informed by De Francesco Casa d'Aste e Galleria S.r.l. via email of the lot's award. In any case, each potential buyer is invited to contact De Francesco Casa d'Aste e Galleria S.r.l. at the numbers indicated in Article 23 to verify if their bid was the highest.
4.7 In the case of a written bid and an in-room bid, a telephone bid, or an online bid of equal amount, the latter will prevail over the written bid.
5 Telephone Bids
5.1 By completing and submitting the Form, a potential buyer can participate in the auction by placing telephone bids.
5.2 The Form must be sent to De Francesco Casa d'Aste e Galleria S.r.l. at least 24 hours before the start of the auction in PDF format via email to info@defrancescoaste.it (or to the email address of the relevant department of De Francesco Casa d'Aste e Galleria S.r.l. as indicated on the Site or in the auction catalog), in any case attaching the documentation required in the Form.
5.3 Following the receipt of the Form and its correct completion, De Francesco Casa d'Aste e Galleria S.r.l. will contact the potential buyer at the phone number indicated in the Form before the lot for which the potential buyer intends to place telephone bids is offered for sale at the auction.
5.4 The minimum estimate indicated in the catalog for each lot for which telephone bids are intended must be at least €100.00; otherwise, De Francesco Casa d'Aste e Galleria S.r.l. will not contact the potential buyer, and the latter cannot place telephone bids on the lot.
5.5 If, for any reason, even technical reasons, De Francesco Casa d'Aste e Galleria S.r.l. cannot contact the potential buyer by phone, De Francesco Casa d'Aste e Galleria S.r.l., in relation to each lot indicated in the Form, has the right to place bids on behalf of the potential buyer up to a Winning Price equal to the maximum bid indicated by the potential buyer in the Form or, in the absence of this maximum bid, to the auction base price related to the lot.
5.6 De Francesco Casa d'Aste e Galleria S.r.l. is not responsible in any way for the delay or non-execution of telephone orders resulting from the malfunction of the telephone line.
5.7 Telephone connections during the auction will be recorded. De Francesco Casa d'Aste e Galleria S.r.l. staff can make calls in Italian, English, and French.
6 Online Bids
6.1 De Francesco Casa d'Aste e Galleria S.r.l. will communicate on the Site (at least 24 hours before the start of the auction) and/or in the auction catalog whether it is possible to place bids online, through the Site or third-party-managed sites.
6.2 Online bids are governed by both these General Terms of Sale and the "Additional Conditions for Submitting Online Bids" available on the Site or upon request. In case of discrepancies between these General Terms of Sale and the "Additional Conditions for Submitting Online Bids," the latter will prevail.
6.3 For information regarding auction registration and online bid submission, please refer to the Site.
6.4 In case of participation in the auction and bids placed through platforms and/or websites other than the De Francesco Aste Live platform, an additional commission of 5% on the Winning Price will be applied, if provided (for any other information, please refer to the website www.defrancescoaste.it).
7 Payment
7.1 In case of winning the lot, the Buyer must pay De Francesco Casa d'Aste e Galleria S.r.l the auction price of the lot, in addition to the purchase commission equal to 25% of the auction price (VAT included if applicable in both cases) and any other amount due to De Francesco Casa d'Aste e Galleria S.r.l under these General Conditions of Sale (see also § 6.4) and related to the lot's winning (Amount Due).
7.2 The Buyer is obligated to pay the Amount Due within ten days, starting from the day following the award.
7.3 In case of non-payment or delayed payment by the Buyer, in whole or in part, of the Amount Due within the aforementioned essential period, De Francesco Casa d'Aste e Galleria S.r.l. may terminate the sale under art. 1456 c.c. through simple written communication. In this case, De Francesco Casa d'Aste e Galleria S.r.l. shall be entitled to a penalty equal to twice the purchase commission that the defaulting Buyer should have paid, plus any additional damage, and may retain any deposits paid by the Buyer.
7.4 Payment can be made by bank transfer, check, or credit card. In any case, all payment-related fees will be borne by the buyer. If De Francesco Casa d'Aste receives an amount less than the due amount for any reason (in euro), the payment will not be considered complete.
7.5 The bank details for transfers are as follows: IBAN IT93C0711003400000000013065; Swift code no. ICRAITRR; beneficiary: De Francesco Casa d'Aste e Galleria S.r.l. Please indicate your name, surname, lot number, and auction in the reason for payment.
7.6 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to verify the origin of received payments and not to accept payments from individuals other than the Buyer.
7.7 De Francesco Casa d'Aste e Galleria S.r.l. will send the due amount to the consignor within 35 working days from the date De Francesco Casa d'Aste e Galleria S.r.l. receives payment from the Buyer.
7.8 In accordance with Legislative Decree no. 231/07 and subsequent amendments and integrations and in full compliance with the provisions of Legislative Decree 196/2003 (Privacy Code) and EU Regulation 2016/679, De Francesco Casa d'Aste e Galleria S.r.l. will request from all Customers the necessary data for the fulfillment of the obligations of adequate customer verification and the actual owner. In case of a formal request from the Authorities and Public Administration, and in any other case provided by law, De Francesco Casa d'Aste e Galleria S.r.l. may disclose the name and contact details of the Buyer.
8 Delivery and Pickup of the Lot
8.1 De Francesco Casa d'Aste e Galleria S.r.l. will deliver the lot to the Buyer only after full payment of the Amount Due (unless different provisions under Legislative Decree no. 42/04, also regarding the State's preemption; see also § 12.4 of these conditions).
8.2 De Francesco Casa d'Aste e Galleria S.r.l. is not obligated to arrange for the shipment of the awarded lot, which must be picked up by the Buyer in Naples at the warehouse of De Francesco Casa d'Aste e Galleria S.r.l. in via Vallone dei Gerolomini 14 within ten days after the payment.
8.3 If the Buyer does not promptly pick up the paid lot within ten days of payment or obtaining the certificate of free circulation and/or export license, De Francesco Casa d'Aste e Galleria S.r.l. may proceed with the elimination of the lot, with prior communication via registered mail or PEC. The Buyer acknowledges and accepts that in the event of lot elimination, they will not have the right to pursue any action or claim against De Francesco Casa d'Aste e Galleria S.r.l., which is therefore released from any liability.
8.4 If the Buyer authorizes a third party to pick up the lot, the latter must be provided with a written authorization from the Buyer, as well as a photocopy of the document of the delegator and delegate.
8.5 Upon the Buyer's explicit request, De Francesco Casa d'Aste e Galleria S.r.l. may, at the expense and risk of the Buyer, organize the packaging, transportation, and insurance of the lot, subject to the Buyer's written communication and acceptance of the related expenses. Shipment can be made by a carrier appointed by De Francesco Casa d'Aste e Galleria S.r.l., as indicated by the Buyer, or directly appointed by the Buyer, depending on the agreements.
8.6 The cost of the packaging, transportation, and insurance of the lot will be determined and communicated to the Buyer by De Francesco Casa d'Aste e Galleria S.r.l. in advance. The Buyer must pay this amount within seven days of receiving the communication. The packaging, transportation, and insurance of the lot will only take place after the Buyer has paid this amount.
8.7 In case of collection of the lot by a third party appointed by the Buyer, the latter remains solely responsible for the full payment of the Amount Due, as well as for any disputes related to the lot.
9 Auctioning of the Lot
9.1 In the event of non-payment, De Francesco Casa d'Aste e Galleria S.r.l. may auction the unpaid lot in a subsequent auction, without prejudice to the right to recover from the defaulting Buyer the difference between the final price obtained in the subsequent auction and the original auction price, in addition to the relevant commissions, expenses, and damages.
9.2 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to sell any unsold lot after the auction, even at a price lower than the reserve.
10 Default by the Buyer
10.1 In case of default by the Buyer, De Francesco Casa d'Aste e Galleria S.r.l. may, without prejudice to the payment of the Amount Due, also recover from the Buyer, without the need for a prior assessment, a sum equal to 10% of the Amount Due, as a penalty for damages, plus any further damage.
10.2 The defaulting Buyer shall also bear all legal and out-of-court costs necessary for the recovery of the Amount Due.
11 Warranty and Authenticity of the Lot
11.1 The descriptions in the catalog, on the website, and any other related documentation concerning the origin, attribution, period, culture, source, authorship, artistic or historical relevance, or any other feature of the lot are made with the utmost care and in good faith, but are purely indicative and not binding for De Francesco Casa d'Aste e Galleria S.r.l.
11.2 De Francesco Casa d'Aste e Galleria S.r.l. does not provide any guarantee on the origin, attribution, period, culture, source, authorship, artistic or historical relevance, or any other feature of the lot, and therefore the absence of any indication in this regard does not imply any declaration or guarantee.
11.3 The Buyer acknowledges and accepts that the attribution of the lot may be uncertain and that De Francesco Casa d'Aste e Galleria S.r.l. assumes no responsibility for any changes to the catalog, on the website, and any other related documentation that may occur after the publication of the auction.
11.4 All the lots are sold "as is," and the absence of a specific indication in the catalog does not imply any defect.
11.5 Any complaint must be submitted in writing within ten days of the award and must be received by De Francesco Casa d'Aste e Galleria S.r.l. no later than 20 days after the award.
11.6 De Francesco Casa d'Aste e Galleria S.r.l. may, at its discretion, reimburse the Amount Due to the Buyer only if the complaint is accepted.
11.7 The warranty does not cover defects or imperfections expressly indicated in the catalog, on the website, and any other related documentation, or defects and imperfections that the Buyer could have easily observed, also taking into account the statements made at the auction.
11.8 The warranty is also excluded in the event that the defect is due to damage occurred after the award.
12 Final Provisions
12.1 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to exclude anyone from participation in the auction, refuse bids, or withdraw the lots from the auction without providing any reason.
12.2 The award entails the full and unconditional acceptance of these General Conditions of Sale.
12.3 These General Conditions of Sale and the relationships between De Francesco Casa d'Aste e Galleria S.r.l. and the Buyer are governed by Italian law.
12.4 For any dispute, the Court of Naples shall have exclusive jurisdiction, except for the provisions of Legislative Decree no. 42/04 concerning the State's preemption.
13 Resale Right
13.1 If applicable, payment of the so-called "resale right" (introduced by Legislative Decree February 13, 2006, No. 118, implementing Directive 2001/84/EC) shall be made by the Seller.
14 Protected Species
14.1 CITES certificates are valid only within the territory of the European Union. Goods made of ivory, even if equipped with the aforementioned certificate, cannot be exported outside the territory of the European Union.
14.2 Regardless of obtaining a certificate or export license under art. 68 et seq. of the Urban Code, all lots consisting of or containing parts of plants or animals (e.g., whale bones, crocodile, coral, turtle), regardless of age and value, may require a license or certificate before export and/or additional licenses and/or certificates for import into non-EU countries. Obtaining an import license or certificate does not guarantee obtaining an export license or certificate and vice versa. De Francesco Casa d'Aste e Galleria S.r.l. advises potential buyers to check their local legislation regarding the necessary requirements for importing goods containing protected species into their country. Before making any bids, it is the Buyer's responsibility to ensure they can obtain such import or export licenses/certificates, with an express waiver of any potential obligation and/or liability on the part of De Francesco Casa d'Aste e Galleria S.r.l.
15 Legal Warranty of Conformity
15.1 Where required by law, lots sold through De Francesco Casa d'Aste e Galleria S.r.l. are covered by the legal warranty of conformity provided for in articles 128-135 of the Consumer Code (Legal Warranty), if applicable.
15.2 The Legal Warranty is reserved for the consumer (i.e., according to art. 3, paragraph 1, letter a) of the Consumer Code, the natural person acting for purposes unrelated to entrepreneurial, commercial, artisanal, or professional activities potentially carried out).
15.3 The Seller is liable to the consumer for a defect of conformity existing at the time of product delivery and manifesting within two years from that delivery. The defect of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered. Unless proven otherwise, it is presumed that defects of conformity that occur within six months of the product's delivery date already existed at that time, unless this hypothesis is incompatible with the nature of the product or the nature of the conformity defect. Starting from the seventh month after the lot's delivery, it will be the consumer's responsibility to prove that the conformity defect already existed at the time of delivery. To benefit from the Legal Warranty, the consumer must provide proof of the auction date and lot delivery. Therefore, the consumer should keep any documentation suitable for proving the auction (e.g., the purchase invoice) and the lot's delivery or collection date for this purpose.
15.4 Regarding the definition of "defect of conformity," reference is made to what is indicated in art. 129, paragraph II, of the Consumer Code. Defects caused by accidental events or the consumer's responsibility or by the lot's use not in accordance with its intended purpose are excluded from the scope of the Legal Warranty.
15.5 In case of a duly reported defect of conformity within the specified terms, the consumer has the right: (i) primarily, to the free repair or replacement of the lot, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other; (ii) secondarily (i.e., in case repair or replacement is impossible or excessively burdensome, or repair or replacement is not carried out within a reasonable time, or repair or replacement previously carried out causes significant inconvenience to the consumer), to a reduction in the auction price or resolution of the contract, at their choice. The requested remedy is excessively burdensome if it imposes unreasonable costs on the Seller compared to alternative remedies that can be used, taking into account: (i) the value the good would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) the possibility that the alternative remedy can be used without significant inconvenience to the consumer.
15.6 In case the lot, during the validity period of the Legal Warranty, exhibits a defect of conformity, the consumer can communicate the circumstance to De Francesco Casa d'Aste e Galleria S.r.l. using the contacts indicated in art. 23. De Francesco Casa d'Aste e Galleria S.r.l. will promptly respond to the communication of the alleged conformity defect and will indicate to the consumer the specific procedure to follow.
16 Jurisdiction and Applicable Law
These Sales Conditions are governed by Italian law and are fully accepted, without any reservation, by all participants in the auction (including remotely, via phone, via the internet, through applications). In case of translation into another language of the Sales Conditions, the Italian text will prevail and remain valid and binding. For any dispute related to the auction activity at De Francesco Casa d'Aste e Galleria S.r.l., the exclusive jurisdiction of the Naples Court is established, excluding any other court.
17 Additional Conditions for Online Bidding
These Additional Conditions for Online Bidding apply to auctions for which De Francesco Casa d'Aste e Galleria S.r.l., a company with its registered office in Naples, vico della noce a fonseca 1, 80135, VAT No. 10294961213, REA No. NA1095033, fully paid-up share capital of €15,000, allows the formulation of online bids through the website www.defrancescoaste.it (Website) or third-party sites (Platforms). Each lot is offered for sale by De Francesco Casa d'Aste e Galleria S.r.l. Contracts of sale concluded online through the Website and/or Platforms are excluded from the discipline of Chapter I, Title III of Legislative Decree September 6, 2005, No. 206, as they are concluded on the occasion of an auction. These Conditions are additional to (and do not replace) the above General Sales Conditions, the definitions of which are hereby referred to. By participating in the auction through the Website and/or Platforms, the bidder agrees to be bound by the General Sales Conditions applicable to the sale and these additional Conditions.
18 Immediacy and Irrevocability of Online Bids. Exception to the Right of Withdrawal.
To register for the auction, it is necessary to send a copy of a valid ID to the address info@defrancescoaste.it. Without it, it will not be possible to register for the auction. De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to refuse or revoke auction registration at its sole discretion. The procedure for placing a bid through the Website and/or Platform is instantaneous; the bid is sent as soon as the bidder clicks the relevant button and is final. By submitting an online bid through the Website and/or Platform, you accept that the bid is final and cannot be modified or revoked in any way. Also, in accordance with article 59, paragraph 1, letter m) of the Consumer Code, if the auction sales contract is concluded with a bidder who has placed an online bid through the Website and/or Platform and can be qualified as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code, the Buyer will not have the right of withdrawal, as the sales method used is a public auction, as defined by art. 45, paragraph 1, letter o) of the Consumer Code. If the bid sent to De Francesco Casa d'Aste e Galleria S.r.l. is the highest, the Buyer irrevocably agrees to pay the entire purchase price, including buyer's premiums and all applicable taxes and any other charges.
19 Payment and Delivery Methods
19.1 Payment Method: Refer to clause 7 of the General Sales Conditions.
19.2 Delivery: Refer to clause 8 of the General Sales Conditions.
20 Incremental Bids
Each incremental bid will appear on the Website and/or Platform screen. The auctioneer has the right to vary increments for bidders present in the auction room and by phone, but those placing a bid through the Website and/or Platform may not be able to bid for an amount different from that of an entire incremental bid. All auction bids will be expressed in euros.
21 Bidder's Responsibility
Those placing bids through the Website and/or Platform are responsible for their knowledge of all communications and announcements made during the auction. All communications made will be read by the auctioneer, at the beginning, if necessary, or during the auction, before the relevant lot is offered for sale. De Francesco Casa d'Aste e Galleria S.r.l. recommends that those placing bids through the Website and/or Platform authenticate via login at least ten minutes before the auction begins to ensure they hear all communications made by the auctioneer at the beginning of the auction. All communications about changes to the auction lot sale ("sale room notices") and announcements in the room made by the auctioneer are part of these Conditions and the General Sales Conditions. De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to refuse or revoke the permission to bid online through the Website and/or Platform, as well as to revoke bidding privileges during an auction. Buyers of lots will receive confirmation of the award and the statement related to their purchase after the sale.
22 Disclaimer
22.1 De Francesco Casa d'Aste e Galleria S.r.l. shall not be held responsible for any errors or malfunctions in the presentation of bids through the Website and/or Platform, including, but not limited to, errors or malfunctions caused by: (i) loss of internet connection or software malfunction of the Website and/or Platform by De Francesco Casa d'Aste e Galleria S.r.l. or the client; (ii) malfunction or problem with the software of the Website and/or Platform; or (iii) breakdown or problem with the client's internet connection, mobile network, or computer. De Francesco Casa d'Aste e Galleria S.r.l. is not responsible for any inability to place an online bid or for any errors or omissions related to it. Participation in the auction through the Website and/or Platform is therefore at the exclusive risk of bidders and potential buyers, who assume all risks and responsibilities regarding the receipt and successful outcome of bids made and/or to be made.
22.2 De Francesco Casa d'Aste e Galleria S.r.l. assumes no responsibility towards the buyer regarding any export restrictions on the awarded lots or any procedures, licenses, or certificates that the buyer may need to obtain under Italian legislation.
22.3 The estimated values indicated in the catalog are expressed in euros and are for guidance purposes only. They cannot create any reliance on the part of bidders and awardees. These values may be equal to, higher than, or lower than the reserve prices of the lots agreed upon with the sellers.
23 CONTACTS
Information, communications, assistance requests, or complaints can be made by contacting De Francesco Casa d'Aste e Galleria S.r.l. through the following methods:
by email: at the address info@defrancescoaste.it;
by mail: writing to De Francesco Casa d'Aste e Galleria S.r.l., Naples, vico della noce a fonseca 1 (80135);
by phone: at the number +39 0813590303, operational on the following days and times: Mon-Fri 9:00-13:00; 14:00-17:30, excluding national holidays in Italy); De Francesco Casa d'Aste e Galleria S.r.l. will respond to complaints within five working days of receiving them.
24 CONSENT TO SALE
By signing this agreement, the principal authorizes De Francesco Casa d'Aste e Galleria S.r.l. to sell their assets listed in the attached mandate, at auction under the conditions already discussed and in private negotiations with the same sales conditions (respecting reserve prices and the percentages due to De Francesco Casa d'Aste e Galleria S.r.l. as sales commissions).
GDPR INFORMATION EX ART. 13 Pursuant to and for the effects of art. 13 of the New Data Protection Regulation (GDPR 2016/679), the Client (so-called interested party) is informed that:
1 Data Controller and other designated subjects
The Data Controller is De Francesco Casa d'Aste e Galleria S.r.l., with registered office in Naples, vico della noce a fonseca 1, represented by the director, Massimo De Francesco, email: info@defrancescoaste.it.
2 Processing carried out and legal basis
Personal data freely provided by the Client to the company in relation to the activities carried out in accordance with a specific contractual regulation will be processed lawfully, fairly, and in accordance with the Regulation for the purpose of: - executing the mandate to sell and/or participating in scheduled auctions; - for purposes provided for by current anti-money laundering legislation (Legislative Decree 231/07 and subsequent amendments). The provision of the above-mentioned data is mandatory for the Data Controller to perform the assigned task. In case of refusal to provide the requested data, the Data Controller will be unable to perform the contractually stipulated services, due to the fault of the interested Client. Personal data such as email addresses, provided voluntarily by the Client to the company based on specific consent given by the same, will be processed lawfully and fairly, as well as in accordance with the Regulation for the purpose of sending information, updates, and news about new auctions and/or future events. For this processing, the company will collect consent electronically and/or on paper. The image will be captured through a video recording system, as regularly indicated in the information, in the legitimate interest of the Data Controller, or to protect the safety of individuals and the protection of the company's assets.
3 Processing tools and data storage methods
The processed data (which may be common and identifying) are up-to-date, complete, relevant, and not excessive for the aforementioned processing purposes. The same data will be processed, respecting the necessary security and confidentiality, through the following methods: data collection from the interested party, recording and storage for the predetermined, explicit, and legitimate purposes. The same data will be processed both with paper tools and with electronic and automated means. Personal data will be processed by the Data Controller as well as by authorized employees and collaborators. The data may be communicated, in addition to the public entities receiving the communications - declarations subject to this contract, also to the supervisory bodies, if required in the context of verification and control phases, related to the regularity of compliance. The same data, the subject of this information, may be communicated to professionals and/or collaborators of the data controller for the performance of the entrusted task and for the same purposes. On the other hand, the data in question will not be subject to dissemination beyond the limits specified therein unless otherwise indicated by the interested party, provided in writing. It is not the intention of the Data Controller to transfer the data subject to this to a third country or to an international organization. It is clarified that even the external backup is carried out by an Italian company, therefore also subject to compliance with the privacy regulations in question, through the use of servers located in Italian territory. There is no automated decision-making process. Finally, the interested party is informed that the Data Controller has implemented a variety of security measures to protect the data against the risk of loss, misuse, or alteration.
4 Data retention period The data, the subject of this information, will be kept:
- for 10 years from the conclusion of the contractual relationship, for processing based on a contractual legal basis;
- 5 years from the withdrawal of consent for processing based on a consensual basis
- not beyond 72 hours, concerning the processing of surveillance camera images.
Payment
7 Payment
7.1 In case of winning the lot, the Buyer must pay De Francesco Casa d'Aste e Galleria S.r.l the auction price of the lot, in addition to the purchase commission equal to 25% of the auction price (VAT included if applicable in both cases) and any other amount due to De Francesco Casa d'Aste e Galleria S.r.l under these General Conditions of Sale (see also § 6.4) and related to the lot's winning (Amount Due).
7.2 The Buyer is obligated to pay the Amount Due within ten days, starting from the day following the award.
7.3 In case of non-payment or delayed payment by the Buyer, in whole or in part, of the Amount Due within the aforementioned essential period, De Francesco Casa d'Aste e Galleria S.r.l. may terminate the sale under art. 1456 c.c. through simple written communication. In this case, De Francesco Casa d'Aste e Galleria S.r.l. shall be entitled to a penalty equal to twice the purchase commission that the defaulting Buyer should have paid, plus any additional damage, and may retain any deposits paid by the Buyer.
7.4 Payment can be made by bank transfer, check, or credit card. In any case, all payment-related fees will be borne by the buyer. If De Francesco Casa d'Aste receives an amount less than the due amount for any reason (in euro), the payment will not be considered complete.
7.5 The bank details for transfers are as follows: IBAN IT93C0711003400000000013065; Swift code no. ICRAITRR; beneficiary: De Francesco Casa d'Aste e Galleria S.r.l. Please indicate your name, surname, lot number, and auction in the reason for payment.
7.6 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to verify the origin of received payments and not to accept payments from individuals other than the Buyer.
7.7 De Francesco Casa d'Aste e Galleria S.r.l. will send the due amount to the consignor within 35 working days from the date De Francesco Casa d'Aste e Galleria S.r.l. receives payment from the Buyer.
7.8 In accordance with Legislative Decree no. 231/07 and subsequent amendments and integrations and in full compliance with the provisions of Legislative Decree 196/2003 (Privacy Code) and EU Regulation 2016/679, De Francesco Casa d'Aste e Galleria S.r.l. will request from all Customers the necessary data for the fulfillment of the obligations of adequate customer verification and the actual owner. In case of a formal request from the Authorities and Public Administration, and in any other case provided by law, De Francesco Casa d'Aste e Galleria S.r.l. may disclose the name and contact details of the Buyer.
7.1 In case of winning the lot, the Buyer must pay De Francesco Casa d'Aste e Galleria S.r.l the auction price of the lot, in addition to the purchase commission equal to 25% of the auction price (VAT included if applicable in both cases) and any other amount due to De Francesco Casa d'Aste e Galleria S.r.l under these General Conditions of Sale (see also § 6.4) and related to the lot's winning (Amount Due).
7.2 The Buyer is obligated to pay the Amount Due within ten days, starting from the day following the award.
7.3 In case of non-payment or delayed payment by the Buyer, in whole or in part, of the Amount Due within the aforementioned essential period, De Francesco Casa d'Aste e Galleria S.r.l. may terminate the sale under art. 1456 c.c. through simple written communication. In this case, De Francesco Casa d'Aste e Galleria S.r.l. shall be entitled to a penalty equal to twice the purchase commission that the defaulting Buyer should have paid, plus any additional damage, and may retain any deposits paid by the Buyer.
7.4 Payment can be made by bank transfer, check, or credit card. In any case, all payment-related fees will be borne by the buyer. If De Francesco Casa d'Aste receives an amount less than the due amount for any reason (in euro), the payment will not be considered complete.
7.5 The bank details for transfers are as follows: IBAN IT93C0711003400000000013065; Swift code no. ICRAITRR; beneficiary: De Francesco Casa d'Aste e Galleria S.r.l. Please indicate your name, surname, lot number, and auction in the reason for payment.
7.6 De Francesco Casa d'Aste e Galleria S.r.l. reserves the right to verify the origin of received payments and not to accept payments from individuals other than the Buyer.
7.7 De Francesco Casa d'Aste e Galleria S.r.l. will send the due amount to the consignor within 35 working days from the date De Francesco Casa d'Aste e Galleria S.r.l. receives payment from the Buyer.
7.8 In accordance with Legislative Decree no. 231/07 and subsequent amendments and integrations and in full compliance with the provisions of Legislative Decree 196/2003 (Privacy Code) and EU Regulation 2016/679, De Francesco Casa d'Aste e Galleria S.r.l. will request from all Customers the necessary data for the fulfillment of the obligations of adequate customer verification and the actual owner. In case of a formal request from the Authorities and Public Administration, and in any other case provided by law, De Francesco Casa d'Aste e Galleria S.r.l. may disclose the name and contact details of the Buyer.
Shipping Terms
Goods that have been auctioned off can be picked up free of charge at our auction house, based in Naples, Italy. Alternatively, we can help the buyer to find a courier and to simplify the shipping process. The cost of shipping is the responsibility of the buyer. The cost of shipping varies from lot to lot and a quote will be provided upon request or directly following the auction of the lot. We will handle the packaging ourselves in the best possible way.