TERMS OF SALE
1 – Introduction
These general conditions govern and regulate any sale undertaken through the auction house Nomisma Aste S.r.l. with registered premises in Verona (VR), at Via Legnago n. 144, paid-up share capital € 50,000.00, VAT and Tax Code. n. email address [email protected] and certified mail: [email protected] (hereinafter also referred to as ‘Auction House’). The lots for sale are owned by third parties (hereinafter the ‘Seller’) who have mandated sale to the Auction House by signing up to a contract under which commission is payable on sale (mandate without representation).
2 – Information and estimates
Illustrations, descriptions, values and estimates of lots contained in catalogues and in any other illustrative and informative material are purely indicative and to be used only for lot identification.
Illustrations, descriptions, values and estimates do not constitute conventional guarantees or quality promises in any way pursuant to articles. 1490 and 1497 of the [Italian] Civil Code and cannot be relied upon by third parties.
The estimated values published do not include the commissions of the Auction House, the costs of rights below, or customs, export, and VAT expenses.
Further information regarding a specific auction may be entered on the website of the Auction House, in the catalogue or communicated in the auction room before or during the sale.
Where discrepancies appear between the text of the General Conditions published in the Auction catalogue and the text published on the website of the Auction House, the latter will prevail.
3 – Examination of lots
Interested parties are allowed to examine lots on sale before auction in the days and during the times established by the Auction House.
4 – Registration, acceptance of the General Conditions, proxies
In order to participate in an auction, it is necessary to register and fully accept the present General Conditions.
Registration entails tacit, full acceptance of these General Conditions.
Participants in the auction may be asked to provide information and bank references.
In particular situations, the Auction House reserves the right to request that participants in the auction pay deposits to guarantee the balance of the sales price and the auction commissions and may, at its sole discretion, prohibit unwelcome or unsuitable individuals from entering the room.
Should the participant act in the name of and on behalf of another person or legal entity, they must exhibit written authorization of the power of proxy for the auction. The Auction House reserves the right not to allow representatives of third parties to participate in the auction if, under its own final judgment, it does not consider the power of proxy to be proven.
After registration, a numbered bid card will be provided to the participants in the room to signal bids to the auctioneer during the auction.
All lots sold will be invoiced to the name and address indicated in the registration form. Complaints or disputes will not be accepted for possible mislaid or lost bid cards.
The Auction House is exempted from any responsibility in the event of failure to effectively participate due to any problems that may occur during or previous to the telephone and/or internet connection.
5 – Participation via correspondence, telephone connection, or online
Potential buyers will be able to participate in the auction, subject to prior signing of specific forms, by correspondence, by telephone connection, or online. By sending and signing the above-mentioned forms, the participant agrees to take part in the specific auction and undertakes to pay the declared price and auction commissions, should their bid be successful. The participant also undertakes to verify, at the end of the auction, whether their bid was successful, thereby excluding the Auction House from all responsibility in this regard. Incorrectly completed bids made by means of correspondence will not be accepted. The Auction House declines all responsibility towards those who participate in an auction by telephone and/or online in the event of failure to effectively participate due to any problems that may occur during or previous to the telephone connection and/or online connection.
6 – Awarding of lots
The starting price of the auction will be the price indicated as a base, except when a different and higher offer was reached before the auction opened, in which case the starting price will be that of the bid made following this offer. In the event of equal bids made via correspondence, the bid that arrived first will take precedence and, in any case, such bids will have priority over equal bids made in the room. The bids will be regulated at the discretion of the auctioneer. The auctioneer reserves the right to withdraw, add, group or divide the lots, as well as the right to reject a bid made in the room or sent in writing. Lots will be awarded to the highest bidder. The Auction House reserves the right to cancel the award in the event of third-party disputes that claim ownership of the lot.
7 – Auction commissions for the sale of lots with margins subject to VAT
Unless otherwise indicated the lots are sold subject to the margins referred to in art. 40-bis of [Legislative Decree] DL 23.2.95 n. 41.
Under this regime, in the event of award or sale, a purchasing commission will be charged to the buyer in favour of the Auction House as follows:
1. In the event of an Italian or EU buyer:
Auction of numismatic items: on each lot, the buyer will pay, in addition to the contracted price, an auction commission of 21%.
For all other Auctions: on each lot, the buyer will pay, in addition to the contracted price, a 21% auction commission.
2. In the event of a non-EU [Third Country] buyer: commissions will be the same as those of the following point 8 (ordinary regime, for a non-EU contractor).
8 – Auction commissions for sale of lots with ordinary VAT
For lots whose batch numbers are followed by a highlighted ‘ordinary VAT regime’, this indicates a billing regime with ordinary VAT.
For the ordinary VAT regimes, in the event of award or sale, a purchasing commission will be charged to the buyer in favour of the Auction House as follows:
1. In the event of an Italian or EU buyer:
Auction of numismatic items: on each lot, the buyer will pay, in addition to the contracted price, an auction commission of 21%+3%.
For all other Auctions: on each lot, the buyer will pay, in addition to the contracted price, a 21%+3% auction commission.
2. In the event of a non-EU [Third Country] buyer: commissions will be the same as those of the following point 8 (ordinary regime, for a non-EU contractor).
8 – Auction commissions for sale of lots with ordinary VAT
For lots whose batch numbers are followed by a highlighted ‘ordinary VAT regime’, this indicates a billing regime with ordinary VAT.
For the ordinary VAT regimes, in the event of award or sale, a purchasing commission will be charged to the buyer in favour of the Auction House as follows:
1. In the event of an Italian contractor:
Auction of numismatic items: on each lot, will pay, in addition to the contracted price, a 21%+3% auction commission. The contracted price including commission will be subject to the legally applicable VAT (22%).
For all other Auctions: on each lot, the buyer will pay, in addition to the contracted price, a 21%+3% auction commission. The contracted price including commission will be subject to the legally applicable VAT (4%/10%/22%).
2. In the event of an EU buyer:
Auction of numismatic goods: on each lot, the buyer will pay, in addition to the contracted price, a 21%+3% auction fee. The contracted price including commission will be subject to the legally applicable VAT rate (22%).
Reimbursement: Customers (only VAT subjects registered to the VIES system), within 90 days of delivery of the goods, will be able to request the reimbursement of VAT paid on the contracted price including commission by presenting an official document that proves the exit of said goods from Italy.
For all other Auctions: on each lot, the buyer will pay, in addition to the contracted price, a 21%+3% auction commission. The contracted price including commission will be subject to the legally applicable VAT rate (4%/10%/22%).
Reimbursement: Customers (only VAT subjects registered to the VIES system), within 90 days from delivery of the goods, will be able to request the reimbursement of VAT paid on the contracted price including commission by presenting an official document that proves the exit of said goods from Italy.
3. In case of non-EU (Third Country) buyer:
Auction of numismatic goods: on each lot, the buyer will pay, in addition to the contracted price, a 21%+3% auction commission. The contracted price including commission will be subject the legally applicable VAT rate (22%).
Reimbursement: Customers (only VAT subjects registered to the VIES system), within 90 days from delivery of the goods, will be able to request the reimbursement of VAT paid on the contracted price including commission by presenting an official document that proves the exit of said goods from the European Union.
For all other auctions: on each lot, the buyer will pay, in addition to the contracted price, a 21%+3% auction commission. The contracted price including commission will be subject to the legally applicable VAT rate (4%/10%/22%).
Reimbursement: Customers (only VAT subjects registered to the VIES system), within 90 days from delivery of the goods, will be able to request the reimbursement of VAT paid on the contracted price including commission by presenting an official document that proves the exit of said goods from the European Union.
9 – Lots subject to temporary importation (T.I.)
Lots purchased under the Temporary Importation regime cannot be collected directly by the buyer, but must be shipped, at the end of the Temporary Importation procedures, by the Auction House at the buyer’s expense. The same will be indicated in the auction catalogue.
10 – Payment
Payment must be carried out, for those present in the auction room on delivery of the lots, and for buyers via correspondence, telephone or online connection, within 15 (fifteen) calendar days from the date of the auction.
Payments made by individuals other than the buyer will not be accepted.
Late payment interest will be applied on all amounts unpaid within the terms indicated above at an annual rate of 5% (five-per-one hundred).
The Auction House will issue an invoice as soon as payment is made for the contracted assets. In the case of failure to pay the sale price by the buyer or any other sum due to the Auction House within 15 (fifteen) calendar days from the auction, the Auction House will have the right to rescind the sales contract pursuant to art. 1456 of the [Italian] Civil Code, without prejudice to the right of compensation for the damage caused by the default. Any instalments paid by the buyer before the sales contract is rescinded will be acquired by the Auction House as a bonus pursuant to art. 1526 of the Civil Code without prejudice to the compensation of any outstanding greater damage.
11 – Collection and delivery of lots sold
Until complete payment is made of the amount due, the lots are stored at the Auction House and insured with suitable care and at the expense of the Auction House.
The obligation to deliver the sold lots is subject to the integral payment of each credit of the Auction House towards the buyer.
The Auction House does not assume the obligation to provide for the shipment of the lot subject to award or sale, which must be collected by the buyer.
On request the delivery of the lot will be arranged by the Auction House and at the risk and expense of the buyer.
12 – Export of lots
Customs and export expenses are borne by the buyer. Requests to issue a certificate of free circulation for export will be carried out by the Auction House on behalf of, and at the expense of, the buyer. At least 10-12 weeks are required to obtain export authorization. Lots imported temporarily cannot be collected by the buyers, but must be shipped, at the expense of the latter, by the Auction House.
13 – Exclusion of guarantee by the Auction House
The lots are sold by the Auction House on behalf of the Seller in the state in which they are at the time of auction with any eventual flaw, defect, imperfection, damage and/or lack of quality.
Each auction is preceded by a public display, allowing any potential buyers to examine the lots and verify their authenticity, state of conservation, origin, characteristics, qualities and any flaws and defects.
In any case, the possible liability of the Auction House towards the buyer is limited to the corresponding award and/or sales price and the purchasing commission paid by the buyer.
14 – Expert assessments and reports
Only in cases provided for by art. 64 of Legislative Decree of 22 January 2004 n. 42, will the Auction House, at the request of the buyer, provide the buyer with a declaration containing any available information on the authenticity of the lot, or, alternatively, on the probable attribution and origin of the same.
15 – Terms and evaluations of the Auction House
Every written or verbal communication provided by the Auction House, including those contained in the catalogue, in relationships, comments or evaluations concerning the nature of a lot, such as authorship, authenticity, provenance, attribution, origin, date, age, period, cultural origin or source, its quality, including price or value, exclusively reflect assessments made in good faith by the Auction House and may be reviewed and modified at any time. The buyer therefore cannot draw solidly reliable conclusions based on these views, having the right to verify the goods before the auction.
16 – Verification of cultural interest
The Auction House, at its sole discretion, may proceed to a temporary adjudication of lots which, before or during the auction, should be the subject of formal initiation of the procedure for the declaration of cultural interest referred to in Article 14 et seq. of Legislative Decree 22 January 2004 n. 42 (Codice dei Beni Culturali – ‘Code of Cultural Heritage’). In the case of temporary adjudication, the Auction House will report the sale to the relevant Ministry pursuant to art. 59 Codice dei Beni Culturali. The sale will be conditionally suspended subject to the issuing of a declaration regarding the nature of the « cultural asset » and to the failure by the Ministry to exercise its pre-emptive rights within the terms of the law. Pending this procedure, the lot cannot be delivered to the buyer.
17 – Right of resale
Lots that are ‘Subject to the right of resale’ will be subject to the resale rights costs referred to in Legislative Decreeand the same will be paid by the buyer.
18 – Absence of the right to withdrawal
Bids and online sales undertaken by correspondence and by telephone by the Auction House constitute a remote contract regulated by Chapter I, Title III (Articles 45 et seq.) of the Codice del Consumo [‘Consumer Code’] and by Legislative Decree 9 April 2003, n. 70, containing the regulations governing e-commerce.
Art. 59, paragraph 1, letter m) of the Consumer Code’ excludes the right of withdrawal for contracts concluded on the occasion of a public auction, which is the sort of auction organized by the Auction House.
As a result, the right of withdrawal is excluded in relation to lots awarded via remote contract during a public auction.
19 – Sale with reservation of ownership
The lots are awarded or sold by the Auction House with reservation of ownership pursuant to Article 1523 of the Civil Code and therefore the ownership of the same will be transferred to the buyer only on complete payment of the due sale price. The risk of decay or damage to the lots will be transferred to the buyer at the time of delivery of the said lots.
20 – Legal guarantee for consumers
In the case in which the Seller who mandated the Auction House with the task of selling the lot is a « professional » pursuant to the provisions of art. 18, paragraph 1, letter b) of the Consumer Code (Legislative Decree September 6, 2005 n. 206), the legal guarantee set out by articles 128-135 of the Consumer Code will apply.
21 – Applicable law
The present General Conditions and each sales contract with the Auction House are regulated to all effects by Italian law.
22 – Jurisdiction
Each and any dispute with the Auction House, including those relating to the interpretation, execution, resolution or validity of this contract will be subject exclusively to competent jurisdiction of the Court of Verona.
WINES AND SPIRITS – EVALUATION GUIDE
WINES AND SPIRITS – EVALUATION GUIDE
Each description in this catalogue is the result of a careful external analysis that took into consideration the level of filling, the condition of the capsule, the label and the colour. Please, note that they are identifying descriptions and they do not replace direct examination by customers, who are always encouraged to examine the lots first-hand. The descriptions cannot under any circumstances replace the tasting judgement which remains the only effective one regarding the real organoleptic value of the wine. The levels of the bottles have been described according to the reference index here below, although in older bottles the level of the wine may vary between the time of cataloguing and the time of shipping as corks over twenty years old lose elasticity. The risk of cork failure should also be considered. All statements concerning the conditions of the lots represent the opinion of experts, that are in no way binding with regards to Nomisma Aste . In order to protect the state of preservation, the bottles will not be displayed during the auction, as they will remain stored in our cellar. Each lot is sold ‘as is’. Potential buyers are invited to ask our experts for a detailed report on the condition of each lot. It is also possible to examine the bottles previous booked appointment.
FILL BOTTLE LEVELS
The filling level of a bottle is a parameter that is taken into great consideration when assessing the value of a bottle. According to international convention, the acronyms listed below are used as a reference index.
Within neck (WN): a young wine or in exceptional condition.
Bottom neck (BN): completely acceptable for any age of wine.
Top shoulder (TS): usual level for wines over 15 years old.
Shoulder (S): normal levels of wines from 10 to 15 years of age.
Mid-shoulder (MS): usually some deterioration of the cork and therefore, some variation usual level for wines over 20 years old.
Low shoulder (LS): usually some deterioration of the cork and therefore some variation. Common for wines over 25 years old.
Bottom shoulder (BS): very unpredictable, therefore wines with a low Estimate.
BOTTLE SIZES
Half bottle: 0,375 Lt.
bt(s) bottle(s): 0,75 Lt.
MGM (Magnum): 1,5 Lt.
DMGM (Double Magnum): 3 Lt.
Jer (Jeroboam): 3 Lt.
Imperial: 6 Lt.
Met (Mathusalem): 6 Lt.
Salmanazar: 9 Lt.
Balthazar: 12 Lt.
Melchior: 18 Lt.
Lt.: Litres
SCORES
In the description of the lots, after the appellation of origin, is reported, when possible, the score assigned by the experts of Wine Spectator, the most reputable and internationally established trade magazine – hereafter WS.
Source: https://drouot.com/fr/l/21202816-wristwatchespatek-philippe-cal
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