Conditions of Sale

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GENERAL INFORMATIONS

1. ARDUINO SRLS, with registered office in Via Vignaiuoli n. 77 – 66036 Orsogna (Chieti), VAT number 02798980690, Chieti Company Register registration no. 427841, is the company (also called ARDUINO ASTE or Auction House) that offers the Lots for sale, acting as agent of the Seller, with the exception of cases in which Arduino Srls is the owner of the Lot.

2. The Seller is the natural or legal person who owns the Lot offered for sale by ARDUINO ASTE. The sale takes place publicly online via timed auctions.

3. The Auction House acts as agent of the Seller and is not responsible for the origin, state of conservation and description of the item. The description of the Lot is indicative and does not constitute expectations for buyers. Each Lot contains a detailed description, but it remains indicative, it is not intended to generate expectations in potential buyers and the Auction House does not guarantee the absence of imperfections.

4. The Seller must specify the conditions and any defects of the goods in the online proposal form present for each category; ARDUINO ASTE reports this information in the Lot sheet. The lack of information does not imply that the good is without imperfections.

5. The information provided by ARDUINO ASTE, such as authorship, authenticity, provenance, attribution, origin, age, period, price or value, derives initially from the information provided by the Seller and subsequently based on the opinions of experts who also estimate the price. Opinions are not binding and lots can be re-examined before sale. ARDUINO ASTE and its collaborators are not responsible for any errors in the descriptions or titles of the Lots.

6. Estimates and prices are expressed in Euros.

7. The starting auction price and the Hammer Price may differ from the estimates indicated for each Lot.

8. ARDUINO ASTE cannot be held responsible by potential buyers and auction winners for defects, such as the state of conservation, incorrect attribution, authenticity, etc., according to Articles 1490 and 1497 of the Civil Code. The responsibility of ARDUINO ASTE towards the Buyer is limited to the price and the sales commission.

TIMED ONLINE AUCTION PURCHASE

1. To participate in auctions and make offers on Lots, registration on the website www.arduinoaste.com is required

2. The bidding increment may vary for each Lot.

3. Online sales contracts via the Site are excluded from the provisions of Chapter I, Title III of Legislative Decree 6 September 2005, n. 206, as they occur during an auction sale.

4. Participation in an online auction implies acceptance of and commitment to these Conditions of Sale by the bidder.

5. Registration on the Site is mandatory to participate in the auction.

6. The bidding process is instant and becomes binding with one click. The offer is irrevocable.

7. Incremental bids are displayed in real time during the auction.

8. Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code, considering that the auction sales contract is concluded with a bidder who has submitted an online bid and can be classified as a consumer, the Buyer does not have the right of withdrawal. This exception is applicable since the sales method used is a public auction, as defined by article 45, paragraph 1, letter o) of the Consumer Code.

9. The Buyer who wins the online auction is obliged to pay the entire purchase price, commissions and taxes.

10. Offers are expressed in Euros.

11. ARDUINO ASTE declines responsibility for errors or malfunctions during the submission of online offers. Possible inconveniences include, but are not limited to, failure or loss of connection to the Internet or the Site's software, whether by us or by you; malfunction or problems with the Site's software; ARUINOASTE assumes no responsibility for any inability to formulate an online offer or for any errors or omissions related thereto.

12. The Buyer must pay as part of the Purchase Price any taxes, direct or indirect, including compensatory interest, luxury goods taxes, excise duties and applicable duties or tariffs, collectively referred to as "Taxes". This responsibility also extends to any rights under applicable law in connection with the purchase of a Lot. We will collect any applicable Taxes and resale rights if required by applicable law in connection with the sale of a Lot. The Buyer must pay the Purchase Price in full, without any deduction for any Taxes, unless such deduction is required by law. In the event of a mandatory deduction, the amount owed to us by the Buyer will be adjusted so that, after deduction of any Taxes, the total amount owed to us coincides with the Purchase Price.

13. DISCLAIMER OF WARRANTY
The Lots are offered for sale in their current condition without warranties, representations or representations on the part of us or the Seller, except for such specific warranties as may be provided by the Seller. All implied warranties, including merchantability and fitness for a particular purpose, are excluded, except where such obligations cannot be excluded by law. Neither we nor the Seller make any warranty as to the accuracy of the description, images, condition, size, quality, rarity, value, importance, materials, provenance and history of each Lot. No statement, oral or written, can be considered a guarantee or assumption of responsibility. Unless otherwise provided in the Conditions of Sale, neither we nor the Seller represent or warrant that the Lots are subject to copyright or that the Buyer acquires any copyright, including the right to reproduce the Lots.

PURCHASE FEE

The Buyer's Premium is the amount due by the Buyer as an integral part of the Purchase Price for the Lots awarded at auction. The rate of the Buyer's Premium is subject to change at any time.

1. Currently, the calculation of the auction commission is set at 10% of the Hammer Price up to and including 500,000 euros, at 16% for amounts above 500,000 euros up to 2,500,000 euros, and at 12% for amounts above 2,500,000 euros.

2. For Wine and Spirits auctions, the Buyer's Premium is set at 24% of the Hammer Price for all Lots.

3. The Purchase Commission is subject to VAT, if applicable.

TIMED ONLINE AUCTION SALE

We offer an online platform on the Site www.arduinoaste.com as an opportunity for our customers. The application enables participation optimized for broadband connectivity. However, broadband restrictions, connection problems or corporate firewalls may cause difficulties beyond our control. In such cases, neither we nor the Seller will be responsible for any technical problems that may affect your access to or continuity of the auction through the Site.

1. To put a good up for sale, you must complete the specific online form for each category.

2. REPRESENTATIONS AND WARRANTIES
a) Offers must be genuine and comply with antitrust laws.
b) For Lots containing alcoholic beverages, where required by applicable law, you represent that you have the necessary license, permit or other authorization to purchase, receive, possess and/or request transportation thereof.
c) You declare to us that the purchase or sale of a Lot does not involve involvement in criminal activities or financial crimes and in general no laws are violated.

PAYMENT

1. The Buyer will receive the invoice after the sale and will have to pay the
Purchase Price and Charges within three business days of the auction.

2. The descriptive information of the Lots is indicative, the description on the invoice will prevail in the event of discrepancies.

3. We may process payments through third party service providers, who will publish their operating rules on their websites and may change them from time to time. For payments made by credit card, you authorize both us and our third-party service providers to immediately charge your selected payment method the amount indicated during check-out and purchase.

4. In the event of a formal request from the authorities, we must provide the name and contact details of the Buyer.

DELAY OR FAILURE TO PAY

Failure to pay, without our consent, will result in non-performance. In this case, we can take several actions:
1. store the Lot at our premises or elsewhere at the Buyer's expense;
2. resolve the sale of the Lot;
3. allocate payments to the amount due;
4. reject future offers from the Buyer;
5. apply interest at 6% per year or the legal maximum;
6. resell the Lot at the Buyer's expense;
7. initiate legal proceedings for payment.
If the Buyer does not pay, but we decide to pay the Seller, we acquire the Seller's rights to the amount.

SENDING OF THE LOT

1. The won lots will be sent by ARDUINO ASTE via courier to the address indicated during registration on the Site by
three days from receipt of payment.

2. Non-refundable administrative fees equal to 1% of the Purchase Price will be charged for the wine and spirits auction. These cover management, administration and liability for loss or damage whilst the asset is under the control of ARDUINO ASTE. Liability is limited to breakages or losses during transit. All packages must be inspected upon receipt and breakages or losses must be reported immediately upon delivery. There will be no refunds for shipping, handling or taxes.

3. Buyer is responsible for paying duties, taxes and taxes before shipping. After acceptance of the estimate and full payment, ARDUINO ASTE will arrange shipping to the address provided. Purchased Lots cannot be shipped to PO Boxes, and in some locations, direct pickup or delivery via a third-party carrier may be required.

PASSING OF RISK

1. The risk of a purchased Lot rests with the Buyer from the earlier of the date on which he takes delivery of the Lot or pays the amount due. In the absence of both conditions, the transfer of risk occurs within ten (10) days of the awarding of the Lot. With the passing of risk, the Buyer expressly exempts ARDUINO ASTE from any liability.

2. The Buyer will be compensated for any loss or damage to the Lot occurring after the award but before the transfer of risk. The compensation will not exceed the Hammer Price of the Lot, in addition to the purchase commission of ARDUINO ASTE. ARDUINO ASTE's responsibility does not include loss or damage to frames and glass.

3. Under no circumstances will ARDUINO ASTE be responsible for losses or damages (total or partial) to the Lot caused by interventions by third parties, changes in humidity or temperature, normal wear and tear, gradual deterioration resulting from interventions on the property, events such as woodworms and wood parasites , processing errors, war, nuclear fission, radioactive contamination, chemical, biological or electromagnetic weapons, acts of terrorism, lockdowns or provisions of the authorities, or other causes of force majeure.

COUNTERFEIT

1. Counterfeiting refers to the imitation of a Lot offered for sale not described as such, made with the intention of deceiving as to authenticity, provenance, attribution, origin, source, date, age or period. Restored or modified lots do not fall under counterfeiting.

2. In the event of counterfeiting discovered after the award, ARDUINO ASTE will reimburse the Buyer upon return of the Lot. The refund will include the Purchase Price and fees.

3. The refund obligation for this aspect is subject to conditions within five (5) years of purchase:
a) the Buyer must inform ARDUINO ASTE in writing within ninety (90) days of discovering the counterfeiting, providing details;
b) the Lot must be returned by courier without third party claims, in the same conditions as the sale;
c) the Buyer must provide reports from at least two recognized scholars or experts confirming the infringement.

4. ARDUINO ASTE may request further opinions and is not bound by the Buyer's reports. No refunds will be given if the description of the Lot was in accordance with general scholarly opinion at the date of sale, if the Lot indicated controversy as to authenticity, or if counterfeiting was difficult to ascertain at the date of sale. No refunds will be given if the authenticity analysis required excessive or harmful costs for the item.

EXPORT OF LOTS FROM ITALY

Export procedure
1. The export of a Lot from Italian territory may require a certificate of free circulation or an export license, in accordance with articles 68 and following of the Urbani Code.
2. Buyers must comply with legal provisions, including customs, currency and tax provisions, for Lots subject to the declaration of cultural interest.

Impact on payments
1. Any delays or lack of export authorizations do not justify the termination of the sale.

Assistance with reporting
1. Upon request and at the expense of the Buyer, ARDUINO ASTE may submit the declaration for the certificate of free circulation or the export license, upon receipt of the agreed payment. However, ARDUINO ASTE does not guarantee the positive outcome of the procedure.

Previous declaration of cultural interest
1. If a Lot has been the subject of a declaration of cultural interest, ARDUINO ASTE will communicate this in the description of the item up for auction.
2. In the event of a declaration following the award, this does not invalidate the sale, but may condition it to the failure to exercise the right of pre-emption within the terms established by law.

Temporary customs import
1. Lots marked with "●" are under temporary import customs and are subject to VAT for EU buyers.
2. The Buyer bears the cost of closing the temporary importation (€300).
3. ARDUINO ASTE is not responsible for bureaucratic deadlines.

Temporary artistic import
1. Lots marked with "○" are under temporary artistic import.

Resale Right
1. If due, the "resale right" will be borne by the Seller, established by Legislative Decree 13 February 2006, n. 118, in compliance with Directive 2001/84/EC.

FINAL RULES

Changes to the Conditions of Sale
1. These Conditions of Sale may be modified.
2. The date of the last update is shown at the end of this document.

Valuation of electrical or mechanical assets
1. All goods of an electrical or mechanical nature must be considered solely on the basis of their artistic and decorative value, not as functioning.
2. Before use, it is essential that a qualified electrician certifies any electrical system present. ARDUINO ASTE declines any responsibility for the functionality of these systems.

Withdrawal or cancellation of Lots
1. We reserve the right to withdraw a Lot from an auction or to cancel an auction, without assuming liability to buyers for any claims, suits, liabilities, damages, losses or expenses related thereto.

Reserve Price for Lots
1. Unless specifically indicated, all auction lots are subject to a reserve price, which cannot be higher than the minimum estimate of the lot.

Copyright
1. ARDUINO ASTE holds the exclusive copyright on all images and written material produced for each Lot.
2. The use of such materials is permitted only with prior written consent. ARDUINO ASTE may use such materials before, during or after the sale of the Lot.

Last update date

January 16, 2024