CONDITIONS OF SALE
The auction will be conducted in euros and payment will be due immediately.
In addition to the hammer price, buyers will pay the following fees : up to 150
000 €, 30% incl. VAT of the hammer price (25% excl. VAT + 20% VAT), above
500 000 € and up to 500 000 €, 25,8% incl. VAT (21.5% excl. VAT + 20%
VAT) and above 500 000 €, 21,6% incl. VAT (18% excl. VAT + 20% VAT). This
calculation applies to each lot per tranche.
Payment is due immediately after the sale. This rule applies even if the
buyer wishes to export the lot and an export license is, or may be, required.
Payment must be made by wire transfer and in Euros. As a courtesy we
accept payment by Visa, MasterCard as well as Amex (with additional fees
of 2.75%). In cash and in Euros up to 1 000 € (incl. fees and taxes) for
French private residents and up to 15 000 € (incl. fees and taxes) for foreign
residents. The auction operating officer is adherent to the Registre Central
de prévention des impayés des Commissaires Priseurs (Auctioneers Central
Registry to prevent overdue payments) to which payment incidents may
be addressed. Rights of access, rectification and opposition on legitimate
grounds can be exercised by the debtor involved by addressing to Symey 15
rue Freycinet 75016 Paris.
IMPORTANT NOTICE
Concerning lots sold by foreign resident sellers, buyer will pay a 5.5% VAT in
addition to the hammer price (lots marked with ) or 20% (lots marked with )
plus legal fees (VAT may be reclaimed upon proof of export outside the EU
within a maximum one month period). In accordance with the provisions of
Article 321 - 4 of the Commercial Code, the asterisk ( ) marking some lots
indicates that they are owned by an associate of Pierre Bergé & Associates.
RIGHT OF CONTINUATION
Pierre Bergé & associés is legally obliged to collect the sums due under the
resale right for the sale of the lots and to return them to the collecting agency
or the beneficiary of the right.
The buyer shall be responsible for the payment of the resale charge and shall
be invoiced at the same time as the tender price and the costs referred to in
the first paragraph.
In the event that PBA becomes aware that a sale is subject to the resale duty
only after the lot has been tendered, that duty will be invoiced to the buyer
separately.
The selling price used as the basis for collecting the resale duty shall be
calculated, excluding taxes, on the hammer price. It is calculated work by
work. The applicable rate is :
- 4% for the price range up to 50,000 €
- 3% for the price range between EUR 50,000.01 € and EUR 200,000 €
- 1% for the price range between EUR 200,000.01 € and EUR 350,000 €
- 0.5% for the price range between EUR 350,000.01 € and EUR 500,000 €
- 0.25% for the part of the price exceeding EUR 500,000.01 €
The amount of the resale right is capped at 12,500 €
WARRANTY
In accordance with the law, the auctioneer is legally responsible for the
contents of the catalogue, subject to any adjustment announced during the
presentation of the lot and duly noted in the official sale record. Condition
reports describing damage, imperfection or restoration are done to facilitate
the prospection and shall remain subject to the discretion of personal
examination by the buyer or his representative. The absence of such
reference in the catalogue does not imply that an object is exempt from any
defect or restoration. The pre - sale exhibition allows prospective buyers to
inspect property and therefore, no claim will be registered regarding usual
restorations and small accidents.
BIDDINGS
The sale will follow the lot numbers according to the catalogue. PBA has
discretion to set the increment of the bids and all bidders must comply with
this. The highest and final bidder will be the buyer. In case of a double bidding
declared by the auctioneer, the lot will be immediately reoffered for sale and
all present prospective buyers will be able to bid a second time. At the striking
of the hammer, risk and responsibility for the lot passes to the buyer. He is
therefore responsible for insuring his lots as soon as the auction is final.
ABSENTEE AND TELEPHONE BIDS
Bidders who cannot attend the auction in person and who are wishing to bid
by absentee or telephone bid are required to submit bids on the Absentee
Bid Form of which a copy is printed in the last pages of the catalogue. This
form must be received at least two days in advance of the sale, with the
bidder’s bank details. Pierre Bergé & associates provides telephone bids
as a convenience to bidders who cannot attend the auction in person and
therefore will not be held responsible if a phone connection problem occurs,
under no circumstances Pierre Bergé & Associates employees will be held
responsible if an error shall occur in the execution of the telephone bids.
RETRAIT DES ACHATS
No lot will be given to the purchaser before full payment of the sale price,
purchaser fees and VAT included.
In the event of payment by check or bank transfer, the delivery of the prizes
may be deferred until the actual receipt of the amount due.
Upon adjudication, the item will be the sole responsibility of the purchaser.
The purchaser will himself be responsible for ensuring his acquisitions, and
PBA declines all responsibility for any damage that the object may incur, and
this as soon as the acquisition is pronounced. All formalities, especially those
relating to export, as well as transport remain the sole responsibility of the
purchaser.
At the request of the purchaser, PBA may take care of the dispatch of the
acquired lots, with costs, risks and dangers to be borne by the purchaser.
Otherwise, all formalities, transport and shipping remain the sole responsibility
of the purchaser.
Transport and export quotes on request.
PBA informs the buyers that the lots of less than 70 years old by living and
non-living artists will be able to leave the Italian territory definitively by means
of a self-certification presented through the online system of MiBACT (SUE)
and endorsed by the competent Export Office (the MTEC transporter can
take care of the procedure). Likewise, the lots older than 70 years by nonliving
artists will be able to leave the Italian territory definitively by means of a
self-certification presented through the online system of MiBACT (SUE) and
endorsed by the competent Export Office (the MTEC transporter can take
care of the procedure)
On the other hand, the final exit from Italian territory of batches over 70 years
old and awarded for a sum greater than 13,500 euros requires the issuance
of the free export certificate through the online system of MiBACT (SUE) and
endorsed by the competent Export Office (the MTEC transporter can take
care of the procedure).
The issue of self-certification or the free export certificate as the case may be,
will be the responsibility of the purchasers.
LOTS CAN BE PHYSICALLY WITHDRAWN ONLY BY APPOINTMENT AT CA 'ANGHERA':
CALLE DEL PISTOR, SAN POLO 2331, 30125, VENISE
SUNDAY 24, MONDAY 25 and TUESDAY 26 JANUARY 2021 from 11 a.m. to 6 p.m.
FROM THURSDAY JANUARY 28, 2021, the lots may be collected with costs payable
by the purchaser at :
MTEC ITALIA SRL
VIA DELLE MACCHINE 29/1 - 30175 MARGHERA – VENEZIA
HOURS Monday - Thursday : 9/13 - 14/18
Friday : 9/13 – 14/17
Office Phone : +39 041 936717
Contacts :
Giulia Cester : cester@mtecitalia.it - Portable +39 351 8980220
Michela Mantovani : mantovani@mtecitalia.it - Portable +39 338 6922475
PERSONAL DATA
PBA undertakes to comply with the regulations in force concerning the
processing of personal data and, in particular, Regulation (EU) 2016/679 of
the European Parliament and of the Council applicable from May 25, 2018
(GDPR) and Law No. 78 -17 of January 6, 1978 and successive modifications,
known as "Data Protection Laws".
