Conditions of Sale

1. Lots are offered for sale by Aste Boetto in premises open to the public , it acts as sole agent in its own name and on behalf of each Seller whose name is transcribed in the appropriate P.S. registers at Aste Boetto.
The effects of the sale shall affect the Seller and Aste Boetto shall assume no liability to the Adjutant or to third parties in general other than that arising to it from its capacity as agent.
2. The items shall be awarded to the highest bidder and for cash; in the event of a dispute between several Adjutants, the disputed item may , at the sole discretion of the Auctioneer, be put up for sale again during the Auction itself and re-awarded.
In submitting his or her bid, the bidder assumes personal responsibility for paying the bidding price, including the auction fees, any taxes due and any other applicable charges.
3. Boetto Auctions reserves the right to withdraw any lot from the Auction.
The auctioneer, during the Auction, shall have the right to combine or separate lots and possibly vary the order of sale.
The same may, in its sole discretion, withdraw lots if the bids in the Auction do not reach the reserve price agreed upon between Boetto Auctions and the Seller.
4. Auction fees of 25% shall be added to the bidding figure.
On goods marked with “*” that come from entrepreneurs not subject to the margin scheme, the sale is subject to VAT on the entire adjudication value.
5. The Sale Director may accept commissions for the purchase of works at prices determined by precise mandate and may bid on behalf of the seller.
6. Boetto Auctions may accept purchase warrants (written and telephone bids), making raises through the Auctioneer, in competition with the public participating in the Auction.
Boetto Auctions shall not be held liable in any way for failure to receive written, telephone or web bids, or for errors and omissions relating thereto.
6a.
With the request
by telephone, the Boetto Auction House will make contact by telephone at the numbers listed at the time the lots listed will be offered for sale.
A telephone inquiry is understood to guarantee the customer an over-the-counter bid equal to the minimum amount in the catalog for each lot he or she is interested in.
If for any reason, including technical reasons, the tephonic contact fails, this request shall count as an assignment to make on behalf of the customer bids for the purchase of the listed lots up to the minimum price indicated in the catalog for each lot.
7. In the event of two identical written bids for the same lot, the same shall be awarded to the Bidder whose bid was received first.
Boetto Auctions reserves the right to reject bids from unknown Purchasers unless a deposit is issued in full covering the value of the lots desired or, in any event, other adequate security is provided.
At the time of the award, Aste Boetto may ask the Successful Bidder for his personal details, and in the event of payment other than immediate and in cash, the Successful Bidder shall provide Aste Boetto with congruous and otherwise verifiable bank references: in the event of obvious untruthfulness or incompleteness of the above data or circumstances, or in any event inadequacy of the bank references, Aste Boetto reserves the right to cancel the contract of sale of the lot awarded.
8. Aste Boetto acts as agent for the sellers and disclaims any responsibility for the description of the objects contained in the catalogs, brochure and any other illustrative material; the above descriptions, as well as any other indication or illustration, are purely indicative.
All auctions are preceded by an exhibition for the purpose of allowing a thorough examination as to the authenticity, condition, provenance, type and quality of the objects.
After Adjudication, neither Boetto Auctions nor the Sellers shall be held responsible for any defects relating to the condition, misattribution, authenticity, provenance, weight or lack of quality of the objects.
Neither Boetto Auctions nor the personnel appointed by Boetto Auctions will be able to make any such warranty, except as provided by law.
9. The auction bases relating to the possible start at auction of each lot are printed below the description of the lots given in the catalog and do not include the Auction fees payable by the Adjutant.
However, these estimates are made well in advance of the date of the Auction and therefore may be subject to revision.
Descriptions of lots in the catalog may also be subject to revision, by communication to the public during the Auction.
10. Payment in full of the bidding price and Auction fees may be immediately demanded by Aste Boetto, in any case it must be made in full, in Euro, within seven days of the adjudication.
The successful bidder, having paid the price and the auction fees, shall collect the lots purchased at his own care, risk, and expense and with the use of appropriate personnel and means within 14 days of the sale.
After this deadline, Boetto Auctions .
shall be released from all liability to the Successful Bidder with respect to the custody, possible deterioration or spoilage of the objects and shall be entitled to charge a fee, per lot, for custody, of € 5.00 daily for furniture and
€ 2.50 daily for other objects.
For off-site sales, items awarded and not collected will be transported and stored at our warehouses.
Transportation costs incurred will be borne in full by the successful bidder.
At the express request of the successful bidder, Boetto Auctions may arrange, at the cost and risk of the successful bidder, for packing, transportation and insurance of the lots.
11. In case of non-payment, Aste Boetto s.r.l. may:
a)return the property to the failed seller and demand from the failed buyer the payment of the lost commissions;
b)take action to obtain the compulsory execution of the obligation to purchase;
c)sell the lot by private treaty, or in subsequent auctions, in any case to the detriment of the failed buyer, retaining as a penalty any down payments made.
12. Notwithstanding any provision to the contrary contained herein, Aste Boetto reserves the right to agree with the Bidders on special forms of payment, for which the covenant of retention of title in favor of Aste di Antiquariato Boetto s.r.l. is expressly agreed upon until the full and complete discharge of the debt.
It is therefore understood that failure or delay in payment, even of only a part of the instalments
established, will entitle the seller Aste di Antiquariato Boetto s.r.l. to deem the sale resolved, to demand the immediate return of the property if it has already been delivered and to retain what has already been paid as a deposit.
13. The Adjuncts shall be required to comply with all legislative or regulatory provisions in force with respect to objects declared to be of particularly important interest and for which the declaration procedure has begun pursuant to Art.
6 ex. of Legislative Decree.
October 29, 1999, no.
490, with particular regard to Articles 54 et seq. of the same decree.
The export of objects by Adjutants resident and non-resident in Italy is regulated by the above legislation as well as by the customs, currency and tax laws in force.
The approximate cost of an export license is € 200.00.
The application for the license is forwarded to the Ministry upon payment of the lot and upon the express written authorization of the successful bidder.
Aste Boetto assumes no responsibility towards the Adjutant with regard to any restrictions on the export of the lots awarded, nor with regard to any licenses or certificates that the Adjutant of a lot must obtain under Italian law.
The Adjutant in the event of a right of pre-emption by the State, shall not be entitled to claim from Aste Boetto or the Seller any refund of any interest on the price and Auction fees already paid.
14. In the event of well-founded objections accepted by Aste Boetto for artfully forged objects, provided that written notice thereof is received by Aste Boetto within 21 days from the date of the sale, Aste Boetto may, at its discretion, cancel the sale and disclose the name of the Seller to the Adjutant who requests it, giving prior notice to the Seller.
15. All information on metal punches, carat and weight of gold, diamonds and colored gemstones is to be considered purely indicative and approximate, and Aste Boetto cannot be held responsible for any errors contained in the above information or for artful falsification of precious objects.
Some weights in this catalog have been determined by measurements.
These figures should be considered a rough indication only and should not be acquired as exact.
16. In addition to any other obligations or rights under these Conditions of Sale, Aste Boetto in the event that it has been informed or becomes aware of any claim or right of a third party inherent in the ownership, possession or detention of the Lot may, at its discretion, retain custody of the Lot pending settlement of the dispute or for such period as it deems reasonably necessary for such settlement.
17. These Conditions of Sale are automatically accepted by those competing in the Auction and are available to any interested party who requests them.
For any dispute, the exclusive jurisdiction of the Court of Genoa is established.
18. For each lot containing materials belonging to protected species, such as, for example, coral, ivory, turtle, crocodile, whalebone, rhinoceros horn, rosewood, etc., a CITES export license issued by the Ministry of Environment and Territory Protection is required, which will cost € 50.00.
Potential buyers are urged to inquire at the country of destination about the laws governing such imports.

Condition of Sale

1. Lots are put on sale by Aste Boetto at a public auction.
Aste Boetto acts as exclusive agent in its own right and on behalf of each seller whose name is registered at Aste Boetto.
The seller is responsible for the items on sale and Aste Boetto accepts no responsibility with regards to the buyer other than that which may derive from its position as agent.
2. The items are sold to the highest bidder for cash: in the case of disagreement between more than one high bidder, the disputed item may, at the sole discretion of the auctioneer, be relisted for new bidding during the same auction.
When making a bid, the bidder accepts full personal responsibility to pay the price agreed inclusive of the Auction Commission and all other due fees and taxes.
3. Aste Boetto reserves the right to withdraw any lot from the auction.
During the auction, the auctioneer has the right to separate or join lots and to change the order of their sale.
The auctioneer may, furthermore, at his discretion, withdraw any lot which does not reach the reserve price agreed between Aste Boetto and the seller.
4. An auction commission of 24% is to be added to the final selling price.
Goods marked “*” which are offered by sellers not subject to “margin regulations” (VAT paid on only the difference between the original purchase price and sale price) are subject to the auction commission of 24% plus VAT on the entire value of the sale item plus expenses.
5. The auction director may accept a specific mandate to bid for lots at a determined price and make offers on behalf of the seller.
6. Aste Boetto may accept mandates for buying (written and telephonic) and raise bids through the auctioneer at public auctions.
Aste Boetto may not be held responsible in any way for not receiving written or telephonic offers or for any errors or omissions in said offers.
6bis.
IMPORTANT NOTICE
FOR TELEPHONE BIDDERS:
Aste Boetto Auction House, a will call the telephone bidder at the chosen number(s) when the lots come up for sale.By bidding on the telephone, prospective purchasers accept to automatically submit an order bid at the lowest price indicated on the catalogue, for each chosen lot.
If by any reason, even of technical origin, the phonecall should fail, the telephone bid form will be considered as on order bid at the lowest price indicated on the catalogue, for each chosen lot.
7. In the case of two identical offers for the same lot, the offer will be awarded to the offer which was received first.
Aste Boetto reserves the right to refuse offers from unknown bidders unless a deposit is raised which covers the entire value of the desired lot or in any case an adequate guarantee is supplied.
At the time of assignment of a lot, Aste Boetto may require identification details from the purchaser and in the case of referred and non cash payment, the purchaser must supply Aste Boetto with a congruous and checkable bank reference: in the case of references which do not correspond, are incomplete or inadequate, Aste Boetto reserves the right to annul the sale contract of the assigned lot.
8. Aste Boetto acts as agent for the seller and declines responsibility deriving from descriptions of the items in the catalogues, brochures or any other such descriptive material: the descriptions as stated above as
with all other illustrations are purely indicative.
Al auctions are preceded by an exhibition in order to allow a thorough examination of the authenticity, condition, origin, type and quality of the items.
After the assignment of a lot, neither Aste Boetto nor the seller can be held responsible for flaws with regards to the condition, for mistaken attribution, origin, authenticity, weight or quality of the items.
Neither Aste Boetto nor anyone charged by Aste Boetto can release any guarantee in this sense other than in cases foreseen by law.
9. The starting price relative to the possible auctioning of each lot is printed under the description of said lot and do not include the Auction commission to be paid by the purchaser.
These estimates are nevertheless made well before the date of the auction and may therefore de subject to modification.
The descriptions of the lots in the catalogue may also be subject to revision via communication to the public during the auction.
10. Aste Boetto may require payment in full of the final price and Auction Commission, in any case, full payment in Euros must be made within seven days of the assignment.
Having paid the final price and Auction Commission, the purchaser must collect the lots bought at his own risk, responsibility and expense within seven days of the purchase.
At the end of said period, Aste Boetto will be exonerated of all responsibility with regards to the purchaser concerning storage and possible deterioration of the items and may exercise the right to apply a charge for the storage of each single lot at the rate of € 5.00 per day for furniture and € 2.50 per day for other items.
Items sold off site and not collected will be transported and stored in our warehouses.
Any transport costs will be the responsibility of the purchaser.
If specifically requested by the purchaser, and at their risk and expense, Aste Boetto may arrange packaging, transport and insurance of the lots.
11. In the case on non-payment, Aste Boetto can:
a) return the goods to the seller and demand from the buyer payment of the lost commission,
b) act in order to obtain enforcement of compulsory payment
c) sell the lot at a private sale or subsequent auction, and in any case detain as penalty any deposits paid.
12. Notwithstanding any disposition contrary to this content, Aste Boetto reserves the right to agree with the purchaser, special forms of payment, public or private warehouse storage, to sell assigned lots which have not been collected privately, to insure assigned lots, to resolve disputes and claims by or against the purchaser and to generally undertake actions considered appropriate in order to collect payment owed by the purchaser or even according to the circumstances, annul the sale according to articles 13 and 14 of Italian civil law and to return the goods to the purchaser.
13. Purchasers are required to uphold all laws and regulations in force with regards to the items declared to be of particular importance and for which the procedure of declaration was begun in accordance with article 6 es. Of the legislative decree 29 October 1999, n°490, with particular regards to article 54 of the same decree.
The export of goods by the purchaser, resident and not in Italy, is regulated by the aforementioned decree and furthermore by customs, currency and tax regulations in force.
The approximate cost of an export license is € 200.00.
The application for an export license is to be sent to the Ministry on payment of the lot and with explicit written authorization of the purchaser.
Aste Boetto is not held responsible in any way to the purchaser with regards to any eventual export restrictions concerning the lot assigned, nor for any license or permit which the purchaser of a lot must acquire in accordance with Italian law.
In the case of the State exercising the right of withdrawal, the purchaser cannot expect any reimbursement from Aste Boetto or from the seller, of interest on the price or Auction Commission already paid.
14. In the case of a reasonable contestation, accepted by Aste Boetto, with regards to faked works of art, and given that a written communication is received by Aste Boetto within 21 days of the sale, Aste Boetto may, at its discretion annul the sale and should the purchaser so require, reveal the name of the seller informing said seller of this action.
15. All information regarding hall-marks of metals, carats and weight of gold, diamonds and precious colored gems are to be considered purely indicative and approximate and Aste Boetto cannot be held responsible for eventual errors contained in said information nor for the falsification of precious items.
Some weights in this catalogue have been ascertained by way of measurement.
This data is to be considered approximate and must not be considered as exact.
16. In addition to all other obligations and rights as contained in these Conditions of Sale, Aste Boetto may at its discretion, in the case that is informed or becomes aware of claims by third parties concerning the ownership, possession or holding of a lot, hold the lot in custody for the duration of the claim or for the time deemed necessary for the claim to be made.
17. These Conditions of Sale are automatically accepted by all those participating in the auction and are available upon request to any interested party.
Any dispute is to be under the jurisdiction of the court of Genoa.
18. For all object including materials belonging to protected species as, for example, coral, ivory, turtle, crocodile, whale bones, rhinoceros horns, rosewood and so on, it is necessary to obtain a CITES export license released by the Ministry for the Environment and the Safeguard of the Territory, it will cost € 50.00.
Possible buyers are asked to get all the necessary information concerning the laws on these exports in the Countries of destination.