Incanto Auction House acts as an atypical mediator on behalf of each Seller of the lots on sale, in conformity with the art. 1703 of the civil code. Thus, Incanto Auction House is liable towards the Purchaser or third parties in general only in relation to the above-mentioned role.
The lots on sale are to be considered as used property supplied as antiques. Therefore, the definition of product as found in the Decree n. 2006 of 6/9/2005 cannot be applied to the lots.
Every auction is preceded by a public exhibition of all the lots on sale, in order to allow the public to examine the objects and ascertain their authenticity, state of conservation, origin, type and quality. The prospective buyer is committed to examining the lot before purchase to ascertain whether it corresponds to the catalogue descriptions and, in case, to request an expert’s opinion.
Therefore, no objections will be accepted after purchase, and neither Incanto Auction House nor the Seller will accept liability for faulty information concerning the lots.
The lots up for auction are sold in the conditions they are in at the moment of the exhibition, including possible flaws or imperfections. As for electric or mechanical objects, they are not tested before the sale and are therefore purchased at one’s own risk. Regarding clocks, the movements are not usually checked.
The lot descriptions in the catalogues, the brochures and any other literature merely express opinions and may be subject to revision before the lots are put on sale.
Incanto Auction House cannot be liable for any mistakes or omissions concerning the descriptions.
The pictures of the objects in the catalogues or in any other kind of illustrative material have the sole function of identifying the lots and cannot be considered an exact representation of the state of conservation of the objects.
The Lots are accompanied by a condition report that shows some indications of the conservation status of the lots and also by additional photos that represent a visual explanation. However, neither the condition report nor the additional images can ever be considered completely exhaustive and definitive.
The lots are put on sale in venues open to the public following the numbered sequence in the catalogue. During the sale, the Auctioneer has the authority to group or separate the lots and, if necessary, to modify the sale sequence. He may also irrevocably withdraw the lots in case the bids don’t reach the reserve price agreed upon by Incanto Auction House and the Seller.
Moreover, it is within the Auctioneer’s powers to withdraw a lot from sale at any moment of the auction and at his own discretion.
The Auctioneer conducts the auction starting from the bid considered appropriate in terms of the lot and the competing bids. The Auctioneer can execute bids on behalf of the Seller, until the reserve price is reached. The bidder who places the highest bid acknowledged by the Auctioneer purchases the lot. The Buyer is totally liable for the lot. The Auctioneer’s hammer knock marks the conclusion of the dealing.
In the event of a dispute among Buyers, the contested lot – according to the Auctioneer’s final judgement – will be put back on sale during the same auction, starting from the last bid which caused the dispute, and will be once again knocked down.
Incanto Auction House can execute absentee bids (written and telephone bids) which will be carried out by the Auctioneer during the sale with increasing bids in competition with the public participating at the auction.
In the event of identical bids, the one offered by the person present in the saleroom will take precedence. In case of two identical written or telephone bids for the same lot, the earliest received will take precedence, as irrevocably ascertained by the Auctioneer.
For the artworks of the XX and XXI centuries, the sale is carried out on the basis of the documentation and the certifications explicitly quoted in the catalogue and in the related entries. Once the sale has taken place, no further kind of certificate, appraisal or opinion presented can be used to question the authenticity of the said artworks.
The written bids are valid only if they are sent to our office no later than 24 hours before the starting time of the sale and if they are clearly filled out in every part.
In case a lot number and its description on the written bid form don’t match, the Auctioneer will consider the lot number as valid.
In the event of several identical written bids for the same lot, the Auctioneer will accept the one received earliest.
Bids in person prevail on equivalent written bids.
Telephone bid requests are considered valid only if they are confirmed in writing at least 12 hours prior to the auction.
Incanto Auction House cannot accept liability of any kind towards the prospective buyer as regards failed phone connections.
Prior to each auction, all participants should register for and collect a number of participation. To register you will need to fill in the relevant participation form.
Participating in an auction is personal and, therefore, whoever places a bid is considered as the party directly concerned in the purchase.
Any possible participation on behalf of a third party will have to be explicitly authorized in advance by Incanto Auction House in writing. You will need to provide a certified proxy and, eventually, an appropriate bank reference.
The Buyer is the sole responsible for payment towards Incanto Auction House and the Seller.
The Buyer will pay Incanto Auction House a commission (also known as Buyer’s Premium) including VAT, of the following:
29% on the hammer price of each lot for a purchase of up to euro 5.000,
25% on the hammer price of each lot for a purchase of up to euro 200.000,
20% on the hammer price of each lot for a purchase over euro 200.000.
Regarding Automotive auctions, the Buyer will pay Incanto Auction House a commission (also known as Buyer’s Premium) including VAT, of 16% on the hammer price of each lot.
Purchases made on the Liveauctioneers website involve an additional electronic fee of 5% on the hammer price of each lot.
Incanto Auction House will not accept transfer of purchased lots to a third party and will consider the Buyer as the sole responsible for payment.
Where special conditions of sale are provided for specific auctions, these conditions have priority over these general conditions of sale.
The buyer must pay Incanto Auction House the hammer price and the related commissions within 10 days after the auction. The following payment methods are accepted:
- cash, subject to certain restrictions;
- personal check, subject to agreement with Incanto Auction House;
- bank draft, subject to preventive approval of the issuing bank;
- wire transfer.
In the event of a delay or default in the entire payment or in part of it, Incanto Auction House has the right to request the cancellation of the contract, as well as being entitled to having the Buyer sell the lot at his own expense, in compliance with the art. 1515 of the civil code.
You may pick up the lots purchased upon payment and, in any case, within 10 days after the auction. All packing and delivery charges are at the Buyer’s expenses.
The Buyer may pick up the purchases in person or arrange to have them delivered.
Incanto Auction House does not carry out delivery but, if requested, can supply estimates and arrange delivery with qualified firms or packing of the purchased lots and delivery by private courier.
Transport will be in the name and on behalf of the Buyer, who will see to the payment upon receiving the purchases. Incanto Auction House cannot in any case accept liability for anything related to delivery/shipping, therefore the Buyer must refer directly to the carrier.
The lots purchased will be covered by insurance with Incanto Auction House until the payment and pick-up deadline, that is to say within 10 days after the auction. A possible further insurance may be stipulated only if specifically requested by the Buyer.
Once the above-mentioned term has expired, Incanto Auction House will no longer be liable for the custody or any possible damage or deterioration of the objects. The Auction House will be entitled to assess storage costs.
After 30 (thirty) days from the date of the sale, if the Buyer has not collected the purchased lots, the Auction House will send notification to the Buyer and, in case of failure to respond within 7 (seven) days, it will be entitled of the Auction House re-offer these lots for sale in the name of the Buyer, with a reserve equal to the hammer price.
Regarding purchases subject to State Notice, in conformity with the art. 2, 3, 5, of the Decree 1/6/1939 n. 1089, buyers are bound to comply with all the legislative regulations in force.
The artworks which have already been declared of particular interest in compliance with the art. 10 of the Decree 22.1.2004 n. 42 and ss.mm., are either stated as such in the catalogue or signaled during the sale. On these artworks the Italian State may assert a pre-emptive right within 60 days from the transfer declaration according to the art. 59; therefore, the purchase will be effective only on expiry of the above-mentioned term. In case the pre-emptive right be actually asserted, the Buyer will be refunded the amounts already paid.
The export of items from the Italian Republic’s territory, in particular works dated more than fifty years, is subject to the rules found in the Decree 22.1.2004 n. 42 (art. 65 and fol.).
The issue of the relevant certificates of free movement is at the Buyer’s expenses.
A delayed or non-issue of any license can neither account for the resolution or cancellation of the purchase, nor justify a Buyer’s delay in paying the total amount due.
The Buyer will be charged a resale royalty in compliance with art. 152 of the Decree 22.4.1941 n. 633, as replaced by art. 10 of the Decree 13.2.2006 n. 118.
It is understood that the present Sale Conditions are tacitly accepted by all prospective buyers and that they are available for whoever wishes to consult them.
Any kind of dispute falls within the jurisdiction of the Turin courts.
