TERMS AND CONDITIONS FOR SALES
1. INTRODUCTION AND DEFINITIONS
This document contains the conditions governing sales and purchases of artworks published on the website “aste.fondazionemeneghetti.ch”, hereafter “website”;
The access to this website and its use, as well as the transmission of orders through the website implies an unequivocal acceptance of the aforementioned Terms and conditions for sales as well as of the Terms and conditions of use and of the Personal data protection policy. Consequently, users who cannot agree with one or more provisions contained in the above-mentioned documents are invited to stop using this website.
The expression “Purchaser” defines the consumer, natural person, who completes the purchase which is object of this contract, for purposes unrelated to the professional or commercial activity he or she currently pursues. The expression “Seller” defines the Antonio Meneghetti Scientific and Humanistic Research Foundation (hereafter “the Foundation”), a body which, on the website, occasionally and not continuously promotes and runs the sale of artworks in its exclusive and full property, free from obligations towards third parties, for purposes described on the website and within the limits of fundraising for pursuing its institutional, non-profit goals.
2. TERMS AND CONDITIONS OF WEBSITE USE
By using this website, you agree to do so in a way which is legitimate and compliant with the law.
In particular, you agree to:
- Use this website only for visits and orders which are compliant with the law
- Not make false or fraudulent orders. In cases where we should have reasons to believe that an order is of such nature, we reserve the right to cancel the order and inform competent authorities about it;
- Provide us with true and correct contract data (name, surname e-mail address, etc.). We hereby underline that failing to provide us with this information means that it will not be possible to follow-up on your order;
- Avoid any kind of undue or illicit use of this website, introduction of viruses or other programmes or material that could cause technological damage. You therefore confirm that you will not perpetrate DoS attacks to this website. Contrary to which, we warn that we would have to contact immediately the competent authorities with whom we will cooperate in order to identify people responsible for the attacks.
By making an order through this website, you declare that you are at least 18 years old and legally able to stipulate binding contracts.
3. DESCRIPTION OF ARTWOKRS
All the artworks are being sold with their flaws and glitches and, in any case, in the state in which they are at the moment of sale. The value indicated as starting bid in the auction is not supported by any expert advice and thus represents a free estimate by the Foundation, made exclusively on the basis of its own activity in the field of art and relative experience gained through the years.
4. TAKING PART IN THE AUCTION
Information and details contained in the website do not represent a public offer, but a simple invitation to formulate a contract proposal. There will not be any contract between you and the Foundation concerning artworks, until the process of winning the auction gets completed.
Each artwork has its timer: the possibility to bid for each artwork ends by the moment indicated in the box “Expires on”. In that moment, the person making the highest bid becomes the winner of the auction. The Foundation invites bidders to monitor constantly the artwork of their interest and the period of time within which it is possible to bid and outbid.
In case a dispute arises after the auction has been won and unless proven otherwise, the documentation kept by the Foundation represents the final value.
With the exception of fraud or serious guilt, the Foundation cannot be held responsible for malfunctioning or disruptions related to the use of Internet outside its control.
The Foundation does not assume any responsibility for a potential fraudulent or illicit use performed by third parties, for credit cards and other means of payment or for payment of the purchased artworks.
5. EFFECTS OF WINNING THE AUCTION
The contract between the Seller and the Purchaser gets completed through the Internet only.
When the auction finishes (“Expires on”), the winner receives an e-mail indicating the final winning price and the instructions on payment for the artwork, which will need to be completed within 48 hours from sending the communication about the auction win.
Whenever the payment is not completed within the mandatory term of 48 hours, the winner in question loses all rights to purchase the artwork and those rights pass to the next best bidder, the final price being in this case his or her last bid validated by the system. He or she, again, will need to complete the payment within 48 hours following the notification. Should the process not come to a successful completion with the second bidder in a row, the same procedure will apply in favour of the following bidders, until received offers last.
We underline that the right of withdrawal does not apply to the purchase because they are object of a contract stipulated within the context of an auction.
6. ARTWORK PICK-UP
The purchaser will not have the right to pick-up his or her artwork until the Foundation receives all amounts due. When the Foundation confirms that it has received all amounts, the winner will need to pick-up the artwork readily. The purchaser can pick-up the artwork personally or organize a transport autonomously. The Foundation does not carry out transport of artworks for the purchasers, however, it can provide quotes of specialized shippers upon request. All packaging and shipping costs are borne by the purchaser who also assumes every related risk. Similarly, customs documents and fees, as well as taxes and insurances, are borne by the purchaser who will need to find out the respective costs depending on the country to which the artwork will be transported. The Foundation does not assume any responsibility for complications related to transport, which will need to be solved directly with the shippers. The artworks need to be picked up within 15 days from the date of purchase, which is the pick-up deadline. After the deadline, the Foundation will be free from any responsibility towards the purchaser for custody, potential deterioration or spoiling of the items. The Foundation will also have the right to be reimbursed by the purchasers for costs related to occupation of its spaces equal to 20 Euros a day, multiplied by the number of days until the pick-up of the painting, with the exception of cases where the purchaser chooses freely to exercise his or her right to request contract fulfilment or resolution.
7. EXPORT LICENSES
The export of goods which constitute an artwork won in an auction can be subject to issuing of free movement certificates or licenses which will need to be requested by the purchaser who must observe all legal provisions and regulations in force. The failure to issue or a delay in issuing any license does not constitute a valid reason for termination or cancellation of the sale and does not justify a delay in payment of the amount due by the purchaser. The Foundation does not assume any responsibility towards the auction winners concerning export restrictions applying to their artworks or concerning licenses or certificates which the purchaser will need to obtain according to the law in force in the country to which the artwork needs to be exported. The winner will not be able, in any case, to request a reimbursement by the Foundation of potential interests on amounts already paid.
8. PAYMENT MODALITIES
The payment by the purchaser is due immediately and not later than 48 hours from the date of winning the lot. Following means of payment are accepted:
b) credit cards, in this case a commission on the payment is charged by the society offering the credit card service. Credit cards authorized on PayPal circuits are accepted (such as MasterCard, Maestro, Visa, Visa Electron, American Express, Aura, Discover). The Foundation can refuse payments made by different persons than the purchaser.
9. INTELLECTUAL PROPERTY
The user recognizes and accepts that all copyright, trademarks, and/or any other intellectual property rights on material and content published as an integral part of the website, including photographs of artworks, are either the property of the Foundation or are regularly licensed in favour of the Foundation. The user will not be able, in any case, to use any of this material without a prior written consent granted by the Foundation as owner and the licensee of the above-mentioned materials and/or contents.
10. APPLICABLE LAW AND COURT OF JURISDICTION
These Sales Conditions are tacitly accepted by all those who want to take part in the auction. Should any of the provisions of these Sales Conditions be considered invalid or ineffective by any Tribunal, it will be considered non-existent, while all other provisions will remain fully valid and applicable. By presenting a bid in the auction, the participant accepts the Italian jurisdiction for the resolution of any potential dispute and the exclusive competence of the Milan Tribunal on the Italian territory.
11. DATA PROTECTION NOTICE
The protection of personal data is of utmost importance for the Foundation. For this reason, we wish to guarantee a total transparency concerning user’s personal data processing. We therefore invite you to read attentively the Policy on personal data protection contained in the website aste.fondazionemeneghetti.ch in the designated link.