Urania Casa d’Aste by Gradella Daniele
Based in Parma, Strada Felice Cavallotti 16
VAT : 02705300347 – Tax Code: GRDDNL87E13G337T – R.E.A. PR-260489
1 . Daniele Gradella , owner of Urania Casa D’Aste, based in Parma , Strada Felice Cavallotti 16 VAT : 02705300347 Tax Code GRDDNL87E13G337T and REA PR- 260 489 ( hereinafter , Urania Casa D’Aste ) in carrying out its sales activities , acts as an exclusive agent in its own name and on behalf of each Seller, whose name is registered in the special Public Security held at Urania Casa D’Aste. The sale is to be considered completed between the Seller and the Buyer (hereinafter called the “Purchaser” ), so Urania Casa D’Aste assumes no responsibility on their own with the exception of that arising from its role as representative.
2 . Sales will be awarded to the highest bidder and are considered cash . Transfers to third parties are not allowed on the items already awarded . Urania Casa D’Aste deems solely responsible for paying the Bidder . Therefore, the participation in the auction in the name and on behalf of third parties must be notified in advance .
3 . Before of the auction will be held an exhibition, during which the Auctioneer will be available for any clarification, the exhibition aims to examine the condition and the quality of items and to clarify any errors or inaccuracies contained in the catalog. All items are sold “as seen” and any statement about authorship , attribution of the work , dating, origin and condition, is just an opinion and not a fact. The descriptions in the catalog can be integrated at request of the customers by delivery of written reports ( condition reports ) .
4 . Any claim about the attribution contained in the catalog and about the quality of the sold items must be submitted by registered mail with return receipt to be sent within 10 days from the date of award . In the event that the claim is upheld, based on the documentation produced at the expense of the Buyer , Urania Casa D’Aste will be required to refund the sums already paid without interest, upon surrender of the items awarded, without any further obligation to pay compensation of any kind.
5 . The rights commissions auction due to Urania Casa D’Aste by the Buyer are as follows:
– 17% of the hammer price up to an amount of Euro 50,000.00
– 15% of the hammer price on amounts in excess of € 50,000.00
6 . The ownership of the sold items is transferred to the Bidder only after full payment of the hammer price and commissions for the auction fees , referred to in paragraph 5 above . These are the following payment methods accepted:
a. up to € 2.999 by cash;
b. by credit card (Visa and Mastercard) at our offices . For all payments by credit card will incur a surcharge of 3 %;
c. by cashier’s checks and/or non-transferable check to Urania Casa D’Aste di Gradella Daniele;
d. by bank transfer to the banking account: No. 103135926 in the name of Urania Casa d’Aste di Gradella Daniele, with Unicredit Banca, identified with the following banking data – IBAN: IT33G0200812715000103135926, SWIFT: UNCRITM1RN6. In case of payment by check or bank transfer, the payment shall be deemed made only after the bank of Urania Casa D’Aste has confirmed the credit funds;
e. by online payment via PayPal. For all payments via PayPal will incur a surcharge of 4%.
8 . Urania Casa D’Aste, for those who are unable to attend the auction, may accept buying commissions for items in auction on a mandate conferred by completely filling out the form (for written or telephone bids). In this case, the Auctioneer will raise, following the instructions received. Written offers will be considered regular if received at the Auction House within 6 hours before the start of the auction and if they are understandable and complete . Urania Casa D’Aste can not be held responsible, although it will work with the utmost care, for any errors that might occur in the execution of the bids ( written or by telephone ) . while filling the form, the bidder is requested to carefully check the items numbers, descriptions and numbers. We will not accept mandate to purchase with unlimited offers. In case of two identical written bids for the same item, will be considered only the one received first. In case of identical bids, the offer announced by the auctioneer shall prevail over that bidder in the room.
9 . During the auction the Auctioneer may at his discretion change the order of sale, combine and/or separate lots, make bids at his discretion, change an offer to sell for an item if he believes that there is an error or dispute, and takes any measures he considers appropriate, and if in any case any dispute arises after the sale, the Register of Sales of Urania Casa D’Aste will be resolving. Urania Casa D’Aste reserves the right, to make no award and/or withdraw items for which the bids do not reach the reserve price agreed with the seller.
10 . The Purchaser shall pay to Urania Casa d’Aste hammer price plus auction fees immediately after the conclusion of the auction and, in any case, within 7 working days, unless otherwise previously written agreement with Urania Casa D’Aste. In case of delay of payment Urania Casa D’Aste may exercise the right to revoke the award and to proceed with the sale of items by private treaty or at a later auction. Urania Casa D’Aste should also ask the defaulting Purchaser a lump sum compensation equal to 30% of the hammer price.
11 . Items purchased and paid must be immediately withdrawn or can be shipped within 14 days. Otherwise Urania Casa D’Aste will arrange packing and shipping of items at the expense, risk and upon express request of the Purchaser, upon payment of shipping costs. At the expiration of 14 days, if the Purchaser did not picked up items, Urania Casa D’Aste will ask for all costs for custody and it will not be responsible for the custody and the possible deterioration of the items. The daily cost of storage, amounts to € 10.00 per day.
12 . The Purchaser shall comply with all provisions contained in the D.Lgs 42/02 ( so-called “Codice dei beni Culturali”). Exporting objects by the Purchasers resident and non-resident in Italy shall be governed by that legislation as well as by customs laws, currency and tax regulations. Urania Casa D’Aste will not accept any liability in respect of the purchaser, with regard to any restrictions on the export of sold items or for any licenses or permits that an item of the Purchaser must obtain under Italian law. The Bidder, in the event of exercise of the right of first refusal by the Italian State, can not claim to Urania Casa D’Aste and/or to the Seller any refund of interest on the price or on the auction fees already paid.
13 . The items marked in the catalog with an asterisk (*) have been given by VAT subjects and therefore subject to VAT as follows: 22% of the estimated net auction and 22% on the hammer price . These items are sold outside the margin scheme, therefore the parties responsible of invoice issuance will receive the report and the list of the names of the purchasers to proceed to the billing . The VAT on the hammer price is refundable only in case of proven non-EU export that took place within three months from the date of sale, which documentation, in the form prescribed by Italian law, has been received by Urania Casa D’Aste within four months from that date. The VAT on commissions and on the hammer price is not applicable to non-Italian VAT subjects resident in EU countries.
14 . If Urania Casa D’Aste has been informed or it becomes aware of any claim or right of third parties relating to the ownership or possession of one or more items, it may, at its discretion, hold in custody those items during the settlement of the dispute or for the whole period considered reasonably necessary for the composition.
15 . These Conditions of Sale are fully and implicitly accepted by all bidders and are available to any interested party on request. Any claim relating to these terms and conditions will be subjected to the Italian law and shall be referred exclusively to the jurisdiction of the Court of Parma, excepting the case where Urania Casa D’Aste decides to act before the court of the defendant.