CONDITIONS OF SALE
1. Czerny's International Auction House s.r.l. operates under the mandate of the lawful owners of the items offered at auction and does not contractually undertake nor acquire rights itself. Czerny's International Auction House s.r.l. offers and sells property owned by third parties on their behalf.
2. Presentation, descriptions and photographs of objects in the catalogue of the auction come from the experts appointed by the House and are expressions of knowledge and belief thereof. All items in the auction are used and may be freely examined by agreement with the House by any means of investigation which does not cause harm to the things under examination, and which does not subtract the possibility of review by other interested parties. The Director of Sales will be available before the opening of bidding to provide any useful explanation of the objects which will be available to interested parties at least two days prior to the date of the auction, during the public opening hours of the Auction House. After buying at auction, complaints about the state of preservation, classification, description, allocation of items purchased, or defects, whether recognizable or hidden, will therefore not be eligible, except in the case of Seller's wilful misconduct, and this wilful misconduct must be rigorously demonstrated by those who inferring such a matter. Outside of such cases, the purchaser buys at his own risk and peril, without reserve, and any exception is waived.
3. Individual lots will be sold to the highest bidder, the sale is for cash in Euros. In addition to the purchase price achieved at auction, auction fees are also due, amounting to 20% (twenty percent) of the price achieved at auction or expressed in the written offer to purchase, plus VAT at the current rate according to law. Any further tax liability and / or additional charges will also be charged to the purchaser. The purchaser should always clarify and document their general information, tax code and, where applicable, VAT number. Any offer of purchase for less than the price of reserve auction, will only be considered outside auction and after it, at the discretion of the House which, in case of acceptance of underpricing, will ensure the written consent of the selling proprietor.
4. The interested party will be able to purchase at the Auction House to prevent binding written bids, with a clear indication of the lot and the relevant offer price. This must be done before the start of the auction. In this case, Czerny's International Auction House s.r.l. will have broad discretion to take the written offer which it received into consideration, or to disown it under its own unimpeachable judgment.
5. Increasing bids over the course of the auction bidding shall not be less than 5% of the prior offer.
6. Customers wishing to put forward a written offer to purchase must specify therein the preferred method of delivery of the goods. The goods will be sent upon acceptance of the offer and the collection of the price and related accessories, at the sole expense and risk of the purchaser. Where the purchaser has not chosen method of delivery, this will be established by Czerny's International Auction House s.r.l. without prejudice to the risk and expense borne by the recipient. Any insurance costs on the transport of goods in transit must be prepaid by the purchaser. In the event of damage to the goods transported, the purchaser must take immediate action using any appropriate remedy to prevent a worsening of the damage and must immediately specify the carrier and the damage suffered to Czerny's International Auction House s.r.l. Communications must be made by telegram and, simultaneously, by registered letter.
7. Czerny's International Auction House s.r.l. offers a telephone bidding service to its customers. Any customer who wishes to be called during the auction, at a number previously agreed for one or more lots in which he is interested, should apply in writing or by completing a "Bid Form" inserted in each Czerny's catalogue or downloaded from our website at http://www.czernys.com. For each lot for which the customer would like to use the telephone bidding service, the customer unconditionally accepts from the time of application to participate in the starting bid on that particular lot, and more specifically, for the first of the two prices quoted in the catalogue. In the event that no other offer is received during the auction, those lots will be awarded to the customer who requested the telephone bidding service, even if the same does not confirm by telephone during the auction. Czerny's International Auction House s.r.l. is not responsible for any technical problems that prevent the smooth running of the telephone bidding service during the auction.
8. The Director of Sales reserves the unquestionable right to exclude persons who may disrupt the smooth running of the auction from participation in the auction and, in particular, by way of example but not limited to: parties who disturb the auction, who do business in the hall, who are late in making payments owed to Czerny's International Auction House s.r.l. for any reason, or who have a dispute with Czerny's International Auction House s.r.l., both in court and out of court, or parties who have been convicted of offenses relating to trade.
9. The Director of Sales is entitled to withdraw lots from the auction, change the order of the lots, amalgamate several lots among those for sale, or to split items already catalogued as a single lot into several lots, setting the new prices arising from such initiatives.
10. In case of dispute on the award of a lot, the Director of Sales may, at his discretion, declare the transactions at issue annulled, and repeat the bidding, at the very same auction session or the one after, for a starting price equal to the highest bid received in the hall or in writing and uncontested.
11. The purchaser shall immediately proceed to the payment of the purchase price and related accessories after the award. It is understood that the award will become effective for all purposes, only and exclusively, upon payment of the purchase price, its accessories, and the auction rights in favour of Czerny's International Auction House s.r.l. Payment must be implemented in full compliance with anti-money laundering legislation in force.
12. The goods purchased by Italian clients must be collected - following payment of the invoice - from Czerny's International Auction House s.r.l. within 48 hours of payment, by and at the risk and expense of the purchaser. If the purchaser is not able to collect them, Czerny's will take care of packaging and shipping of the purchased goods - following payment of the auction invoice and shipping invoice - to the indicated address and according to the agreed methods. - For Foreign Clients: once receiving the payment of the auction invoice and completing all procedures for exportation and transportation, following payment of the shipping invoice, Czerny's will ship the purchased goods to the indicated address providing the corresponding tracking number. These procedures might require few weeks; Czerny's will do its best in order to speed up the process. Please note that according to the Italian law, all Foreign Clients must get their lots shipped as they are not allowed to circulate with Antique Arms in Italy. After expiry of the said period, Czerny's International Auction House s.r.l has the right to choose a firm with which to deposit any goods that have not been collected, at the expense and risk of the purchaser. This deposit may also be used for any goods to which the purchaser has not objected to the price, without prejudice to the provisions in the article 6 above for goods purchased as a result of a written offer.
13. All conditions of sale referred to in this text are valid, mutatis mutandis, even for any purchases of lots, after the auction, that were unsold in the bidding process.
14. For items subject to notification of the State, in accordance with Articles 2, 3 and 5 of the Act of 1 June 1939 N.1089, purchasers must comply with all laws in force.
15. Czerny's International Auction House s.r.l. draws the purchasers attention to comply with the rules in force concerning the prohibition and / or regulations for the export of objects of historical and artistic interest.
16. The conditions of sale referred to in this text are shown in the auction room and in the catalogue relating to each auction. The auction participants agree, by participating, to these conditions, without any exception in this regard. All purchasers are required, if requested, to sign their approval of said conditions, in terms of prior contractual commitment
17. The hypothetical invalidity of one or more clauses of the "terms of sale" never results in the disqualification and / or invalidity of the other terms.
18. Czerny's International Auction House s.r.l. specifies that the trade of particular objects of the historical Nazi or fascist period is done solely on the basis of historical documentation and study of those periods, excluding any apologetic intent.
19. Any and all disputes related to commercial transactions between Czerny's International Auction House s.r.l. and customers, the competent court will be that of La Spezia.