Participation in the auction implies the complete and unconditional acceptance of the Terms of Sale. Buyers are advised to carefully read this section containing the terms of purchase of the lots offered for sale by DAMS Casa d'Aste.
Auction participation
The sale is assigned to the highest bidder and the auction cannot start unless there are at least 15 people in the room. Participation in the auctions takes place both by oral offers and by commissions, raising the base price of at least 5% with the faculty to raise higher amounts at discretion. The Auctioneer conducts the auction starting from the offer to be considered adequate according to the lot value and the competing offers.
Reserve price
The reserve price corresponds to the minimum confidential price agreed between DAMS Casa d'Aste and the seller below which the lot will not be sold.
Exhibition before the auction
Each auction is preceded by an exhibition open to the public, free of charge, whose times are indicated in the first pages of this catalog. The purpose of the exhibition is to allow all buyers to carry out an appropriate examination of the lots offered for sale and to verify all the qualities, such as, authenticity, state of preservation, material, origin, etc.
Conservation status
The properties are sold in their current state. Potential buyers will have to check the state of conservation and the nature of the lots by viewing them before the sale. The Experts of DAMS Casa d'Aste will be happy to provide informative reports on the conservation status of the lots for sale upon request. The descriptions on the catalogs represent only the opinion of our Experts and may be subject to possible revisions that will be communicated to the public during the Auction.
Room partecipation
For participation in the room, potential buyers must register and collect the appropriate participation number by filling out the Auction Participation Form, fproviding a valid identity document and tax code.
Written and telephone offers
For participation through written and telephone offers, potential buyers must fill in the special offer form and send it by fax to +39 06 45550194 at least 2 hours before the auction starts. It is possible to make offers online, after registering on the site. The offers must be in euros and are net of auction fees and tax charges established by the laws in force.
The Telephone Offers will be organized by DAMS Casa d'Aste within the limits of line availability and telephone connections may be recorded. Potential buyers connected by telephone consent to the recording of their conversations.
Live auction
It is possible to participate in Live auctions only after completing the MY DAMS, section, a simple registration with a validated document and the auction registration of interest via the "REGISTER NOW"button. Subsequently, the approval of the auction will be notified by e-mail, which will allow you to listen to and see the auctioneer in real time and make offers.
Payment
Buyers must pay the lots within 10 working days from the auction date via:
- Cash for an amount less than 3.000,00 euro
- Italian bank draft payable to DAMS srl, subject to prior verification with the issuing institution
- Bank transfer to:
DAMS srl, UBI BANCA filiale Roma Porta Castello,
IBAN numero IT85B0311103226000000005989
BIC BLOPIT22
Charge on credit / debit card, except American Express, with a load on online payments of 2% on the total amount.
Lots collection
Buyers must collect the lots within 10 working days from the auction date. After this deadline, DAMS Casa d'Aste will no longer keep them in custody nor will it be liable for any damage that may occur to the lots that can be transferred to a special warehouse. DAMS Casa d'Aste will charge the buyer with the insurance and storage costs according to the table available to customers at the site. Upon collection of the lot, the buyer must provide DAMS Casa d'Aste with an identity document. In the event that the buyer instructs a third person to collect the lots already paid, it must be provided with a written permission by the buyer and a photocopy of the purchaser's identity document. The lots will be delivered to the buyer or to the person delegated only after payment has been made.
In case of delayed collection of the purchased lots, the auction house reserves the right to charge the storage costs (for month or part of a month), listed below for indicative purposes:
- Euro 100,00 + VAT for furniture
- Euro 50,00 + VAT for paintings
- Euro 25,00 + VAT for art objects
• Transportation of the purchased lots will be at the Buyer's risk and expense. The Auction House is not responsible for damage due to transport. However, the Buyer can protect himself by entering into a guarantee with the carrier against all risks of transport. In any case, the Buyer will still be required to pay the cost of packaging to the Auction House. If the Buyer does not collect the lots purchased starting from the 10th day after the sale, the Auction House will be available to store them at the Buyer's risk and expense.
Lots shipping
DAMS Casa d'Aste staff will be happy to take care of shipping the purchased lots following the instructions communicated in writing by the buyers and after they have made the entire payment. The shipment will be at the risk and expense of the buyer who must relieve DAMS Casa d'Aste of any liability in writing. Our staff is also available for evaluations and advice on all shipping methods and insurance.
Lots export
The Legislative Decree n. 42 of 22 January 2004 regulates the export of Cultural Heritage outside the territory of the Italian Republic. The EEC Regulation n. 3911/92 of 9 December 1992, as amended by EEC Regulation n. 2469/96 of December 16th 1996 and by EEC Regulation n. 974/01 of May 14, 2001, instead regulates the export of Cultural Heritage outside the European Union.
To export Cultural Heritage out of Italy for more than 50 years, an Export License is required which the buyer is required to procure himself. DAMS Casa d'Aste is not liable for such permits, nor can it guarantee their release. DAMS Casa d'Aste, at the request of the buyer, can provide for the completion of the procedures for the granting of export licenses according to the following tariff:
- Euro 250,00 + VAT per single lot or for the first of a case;
- Euro 100,00 + VAT for the other lots belonging to the same case.
The reimbursement includes the compilation of the files, the stamps and the printing of the coloured photographs. The failure to grant the aforementioned authorizations cannot justify the cancellation of the purchase nor the non-payment, unless otherwise agreed in writing before the auction with DAMS Casa d'Aste.
With reference to the rules contained in art. 8, paragraph 1, letter B, of Presidential Decree 633/72, we inform our kind buyers that, in the event that they wish to transport the goods out of the EU territory and obtain VAT refund, it is necessary to comply with the following procedures:
- complete customs procedures and transport outside the U.E. within 3 months from the invoice date;
- send the original customs bill or equivalent document directly to DAMS Casa d'Aste within the same deadline.
Works already declared of significant interest pursuant to art. 6 D.L. 10/29/99 n. 490 are indicated as such in the catalog or reported during the sale. On these works the Italian State can exercise the right of first refusal within 60 days from the communication of the sale; therefore, the sale will be effective only after this deadline has passed. In the event that the pre-emption right is actually exercised the contractor will have the right to reimbursement of the sums already paid.
Droit de Suite
With Legislative Decree n. 118 of 13/2/2006 is in force since 9 April 2006 in Italy the "Right of Follow" (Droit de Suite), that is the right of the author (living or deceased for less than 70 years) of works of figurative arts and of manuscripts to receive a percentage of the selling price of the originals of their works on the occasion of sales subsequent to the first. This right will be charged to the Seller and will be calculated on the auction price equal to or greater than 3,000.00 euros.
However, this right may not exceed 12,500.00 euros for each lot. The amount of the right to be paid is determined as follows:
- 4% for the portion of the sale price up to 50.000,00 euro;
- 3% for the part of the sale price between 50.000,01 and 200.000,00 euro;
- 1% for the part of the sale price between 200.000,01 and 350.000,00 euro;
- 0,50% for the part of the sale price between 350.000,01 and 500.000,00 euro;
- 0,25% for the part of the sale price exceeding 500.000,00 euro.
The resale right charged to the Seller will be paid by DAMS Casa d'Aste to SIAE based on the provisions of the law.
Awarding rights
The buyer will pay 24% on the awarded price, including auction fees and IVA as commissions. The Auction House is entitled to request only a portion of the price as a deposit, receiving the balance in cash or by bank draft or bank transfer at the time of collection. If other means of payment are used, the delivery of awarded objects will take place after verifying the successful completion of the payment. In case of non-fulfillment of the buyer, at the request for partial or total payment, at the auction site or at a later time, the auctioneer is authorized to resell the item, in the same auction, if possible, or in a subsequent round considering it to all intents and purposes as not awarded. In this case, a penalty equal to 30% of the new price + VAT will be applied to the non-fulfilling buyer for compensation for the Casa D’Aste, for the emerging damage and the loss of profits deriving from the missed commissions.
Certifications of authenticity:
Regarding the works of the 20th and 21st centuries, the sale takes place on the basis of the documentation and certifications expressly mentioned in the relative sheets of the catalog. No other different certificate or expert opinion brought after the sale may be invoked as a reason for contesting the works’ authenticity.
Acceptance of these sales conditions:
This regulation is tacitly accepted by all those who participate in this auction. These Conditions of Sale are governed by Italian law. Any dispute that may arise in connection with the application, interpretation and execution of these conditions is exclusively referred to the Court of Rome.