Art. 1. – The owner, also called the “Awarding” ARTIST of the objects, also called lots / works, intended for sale in the WEB_SALES must sign the regular note of deposit and / or the mandate to sell prepared by CSRGEST SRL; this is the company that uses a system of ART Platform Leonardo Consulting USA LLC, also known and hereinafter for brevity “CSRWEB”. The ARTIST in the event of non-delivery of items to CSRWEB and by the same put in NETWORK, is responsible for batch /works for the availability of the same and will warn the CSRWEB in case of a batch / work that is no longer available; in that case the CSRWEB will have only the compensation of 50% as stipulated in paragraph 7. The ARTIST acting as the Mandate, the CSRWEB as Mandatory. The ARTIST for each work is responsible for the origin, of’ the authenticity of their works put on sale and the issue of certification of authenticity and also the storage, in case of multiples must always be accompanied by authentic documentation. In case of disputes about the work object to sell, it may become available to the applicant the sending documentation / ownership thereof. To this end, the customer agrees by accepting this Regulation to ensure that: a) the goods are not subject to claims from the government or state or local authorities; b) the goods, when they have been transferred to the European community as a country that is a member, have been legally imported.
Art. 2. – The WEB_SALES sales regulations are printable, published on the website for a careful and prior consultation by www.art-alive.eu site.
Art. 3. – The estimated price and net price for each lot is established by the ARTIST also based on similar market valuations in auctions and NETWORK detected by CSRWEB; The ARTIST assumes all responsibility in front of the law concerning the nature and origin of the objects for sale. Any omissions or inaccuracies reported in WEB_SALES, can be challenged only in the networking of the individual works. After the withdrawal of the lots / Works from WEB_SALES, it is not possible to express any objection for any reason.
Art. 4. – If the ARTIST of some lot would buy the same lot, he will have to pay the commission established in the mandate to sell, as the seller and the buyer; Similarly if, after delivering lots / works for the auction, the ARTIST demanded them out before the three months established, may only do so by paying the commission established in the mandate, as seller and the buyer, the minimum estimated price established at the time of the deposit and the agreed rates and prices agreed.
Art. 5. – The lots unsold after 4 months in WEB_SALES Auction must be collected within five days of the end of the same WEB_SALES. The ARTIST can also request to reissue the batch / works in WEB_SALES for another 6 months with a price reduction of NET 20,00% (twenty percent). Otherwise the CSRWEB may seek compensation for the warehouse or the expenses of the expedition to the owner, as made clear in article 10. In the event of failure to withdraw by the ARTIST, the CSRWEB is authorized to sell directly, even after bids electronically (online via the internet or direct made the third auction), with a reduction in its discretion, up to 50% of the minimum estimated and / or reserve price.
Art. 6. – The burden and, in any case, the cost of handling lots by the owner to “CSRWEB” and vice versa (for any unsold) are always and exclusively borne by the owner.
Art. 7. – The ARTIST shall pay in favor of the “CSRWEB” a commission of 30% (inclusive of VAT required by law), on the amount of the price sold in WEB_SALES. The commission includes the photos of the works and putting it into WEB_SALES NETWORK and / or THIRD PARTY WEB catalog, advertising, inclusion in the internet and in the NETWORK.
Art. 8. -The tax treatment must be specified at the time of signing the deposit note with the following conditions:
- Subject private, art. 40 bis of Legislative Decree 41/1995 amended by Law 342/2000 art. 45
- Company operating in the “margin scheme” art. 36 Legislative Decree 41/1995
- undertaking operation in “normal mode” of Presidential Decree 633/72; in such cases the prices listed on the Deposit Notes are intended inclusive of VAT in the ordinary extent of the law.
Art. 9. – The ‘ARTIST agrees, in favor of “CSRWEB”, the use of the photographic image of the lot offered for sale; nothing therefore is required in case of use of catalogs, publications, brochures, posters, advertisements and similar photographic image in NETWORK, in any manner and by any reproduction. Similarly the ARTIST approves by now the publication of the images in any media for the purpose of promoting the sale.
Art. 10. -In the case of no collection by the purchaser or of the ARTIST, the CSRWEB is authorized to put the lot WEB_SALES not withdrawn in subsequent rounds with the reduction in its discretion, up to 30% of the minimum price agreed upon , and / or reserves. Any damages claimed by ‘ARTIST for the no collection by the purchaser can not be attributed to CSRWEB because they are expressly and exclusively attributable to the non-purchaser and then to themselves responsible. In case of failure to collect, as in the case of prolonged storage period after the five days following the agreed deadline, the CSRWEB may seek compensation for storage and to the ARTIST custody of unsold lot or the purchaser if the lot is not withdrawn in due time. Fees for storage are established with the formula “estimates in thousands of Euros multiplied clutter in cubic meters” a day, the volume of any object is calculated by multiplying the three sides (height, width, depth, increased by ten cm ). In the case of jewellery and / or silver the rate for storage is set at 1% / month (one percent) calculated on the estimated value. If the estimated value of the goods left in stock is not bigger than the cost of storage, CSRWEB will sell it to the highest bidder. Confirmed of the possibility, at the discretion of CSRWEB, putting WEB_SALES lot in subsequent rounds with the reduction, at its discretion, up to 30% of the minimum estimated and / or reserve price.
Art. 11. – After thirty days the ARTIST will receive the balance of the sold net of the agreed charges, provided they are duly paid by buyers and as long as there have been no complaints or claims regarding the awarded assets.
Art. 12. – The CSRWEB operates as agent in good faith of the owners; all liability relating to the nature, provenance and the ‘authenticity’ of the objects for sale and about the principals themselves. If the ARTIST holds copies of works of painting, sculpture or graphic, or copies or imitations of antiques or historical or archaeological interest, and is interested in selling the same, it is noted that the authenticity of these works, obliges the ARTIST to declare them explicitly as authentic at the time of taking over for the WEB_SALES of the sale, by written record on the work or article or, where that is not possible because of the nature or size of the copy or imitation, in a statement issued at the time of subscription or sale. The exhibition that precedes each sale is made for the express purpose of examining the status and quality of the lots that will be WEB_SALES. The seller /ARTIST / owner is exempt from any type of civil, penal and administrative action of the CSRWEB. In particular the authenticity of a lot is guaranteed only by the ‘ARTIST and /or expert qualified of assevera chosen by same ARTIST. For works of insufficient value to require a specific authentication, the estimate declared applies to an offer and accepted views, apart from the authenticity of the signature or the allocation proposed by the ARTIST.
Art. 13. – The ARTIST acknowledges that the lot offered for sale and guarded by CSRWEB is under full responsibility of CSRWEB regarding any damages, including theft. In case of accident, CSRWEB will carry out regular reports to the competent authorities and will refund within 6 months compensation in favor of the owner of the property (ARTIST or contractor) at the time. This amount serves as exhaustive payment of damages deducted tax and a deductible of 10%.
Art. 14. – Any complaints may be sent to the email address email@example.com, for any disputes are the exclusive jurisdiction of the Court of Bergamo, for prior attempt at conciliation and / or mediation.
Art. 15. – The ARTIST hereby gives their consent in accordance with art. 23 Legislative Decree. 30/06/2003 n 196 to the transmission of personal data by declaring that it has received the information referred to in Article. 13 of Legislative Decree.
Art. 16. – The ARTIST consulted the conditions of sale here reported, in approving them specifically in every part and in whole.