Modern and Contemporary art - Session II

GENERAL SALES CONDITION Mediartrade is in charge of selling objects entrusted by the Seller, as a representative with power of attorney, with the exception of the lots that are owned by Mediartrade. The term Seller means the physical or legal entity that has ownership of the lot which has been put up for auction by Mediartrade. The consequences of the sale have a direct influence on both the Seller and the Buyer, therefore Mediartrade is not subject to additional accountability other than responsibilities deriving from the aforementioned proxy by the Seller. The following General Sales Condition may be subject to modifications by means of a notice posted in the auction room or by an auctioneer?s announcement before the auction takes place. 1. AUCTIONING 1.1 limitations to bid admittance Mediartrade retains the right to deny, on a discretionary basis, the access to the premises, the participation to the auctions and any offer coming from individuals who aren?t, at any moment, deemed eligible to participate to the auction. 1.2 participant registration To put forward offers during the auction, prospective buyers must fill out, sign and submit to Mediartrade the dedicated registration and bid form, available at our headquarters, in our catalogue or on Mediartrade? website, as well as the ID and some bank details. Concerning the registration as company, is necessary to submit a copy of the company?s business profile, as well as the ID of the participant. In accordance to Article n. 13 of Regulation (EU) 679/2016 (GDPR), prospective buyers must give their explicit consent to personal data processing by signing, to this purpose, the registration form that contains all the information required under the said Article. Mediartrade shall process personal data provided by prospective buyers in accordance to the provisions referred to the said Article.All the lots sold will be invoiced to the name and address provided at the auction?s registration and couldn?t be moved to other name and address. 1.3 offers Auction offers might be put forward personally at the auction site, by sending a written offer before the auction, by telephone or through internet. The auctioneer will start offers in auction, from the ?opening bid, assigned to each lot whose value may be equal or lower than the reserve price (approximately the 20% less than the lowest estimate mentioned in the catalogue). By submitting a bid, the participant agrees to take responsibility for the payment of the purchase price, including commission, taxes and other charges applicable, except when there is a written agreement, presented before the auction takes place, stating that the Bidder will act on behalf of a Third Party, that Mediartrade knows and approves. Consequently, Mediartrade will exclusively address said Third Party, in the event of a successful award, for the payment of the pertaining lots. The blow of the auctioneer?s hammer determines the acceptance of the higher offer, the clearance price and consequently the conclusion of the sales contract between Seller and Buyer. 1.4 offers at the auction site In order to participate to the auction, it is mandatory for a prospective buyer to be equipped with the dedicated numbered paddle; said object will be provided by the Mediartrade staff at the premises of the auction, after the compilation and the signing of the registration form and the submission of the ID of the prospective buyer. Any offer to win the lot will be expressed by raising the numbered paddle mentioned above. Mediartrade encourages prospective buyers to be equipped with the numbered paddle in good time, also informs that it is possible to register during the exhibition days, assigning the number of the paddle, that will be given on the days of the auction. The loss of the numbered paddle must be reported immediately to Mediartrade, in order to the prospective buyer to receive a new numbered paddle. At the end of the auction, the paddle must be returned to Mediartrade. In case of any disputes during the auction, Mediartrade will take into account, in addition to the auctioneer?s opinion, the audio-visual records of the auction. Participation to the auction deputizing for a Third Party is permitted. The representative, during the registration process, will be asked to provide a signed mandate of the represented with a copy of the ID of him/her and of the represented party; in the event that the represented party is a corporation, the aforementioned mandate will have to be signed by the legal representative or by an attorney authorized to sign, either of which will have to attach the ID to the proxy. In any event, Mediartrade reserves the right to prevent the representative from participating to the auction when the latter is deemed unfitting to participate. In accordance to Article 59 (1), Letter m) of the Consumer Code, in the event the contract will be concluded with a buyer who put forward an offer at the auction site and could be qualified as Consumer in accordance to Article 3 (1) Letter a) of the Consumer Code, the buyer shall not be entitled to exercise any right of withdrawal, since the selling method is a public auction, as mentioned in the Article 45 (1) Letter o) of the Consumer Code. 1.5 written offers It is possible to put forward one or multiple written offers by filling out and signing the dedicated form, attached to the auction catalogue, available at our headquarters or on Mediartrade? website. The Form must be sent to Mediartrade at least 24 hours prior to the beginning of the auction, attaching the documentation requested; in absence of the previous mentioned parameters, Mediartrade will not ensure the implementation of the offers provided in the Form. Mediartrade will consider invalid bid forms offering less than 20% of the lowest estimates specified in the catalogue. The written offers and the maximum automatic offers will be accepted only if they are rounded to the nearest hundred; otherwise Mediartrade will consider the offer like it was rounded up to the nearest hundred. Mediartrade, whilst raising offers on behalf of a prospective buyer, will take into account both reserve price and additional offers, in order to obtain the award of the lot subject to the written proposal at the best awarding price. Mediartrade doesn?t take into account registration and bid forms, completed for the participation by pre-auction offers, without offers for the lots indicated. Mediartrade will not be responsible for any mistake made by the prospective buyer while filling the Form. If the written offers of the prospective buyer should be exceeding by other offers, Mediartrade will inform the customer by e-mail. Moreover, at the end of the auction, the buyer will be notified by e-mail of the successful award of the lot; in any event, any prospect buyer is welcome to contact Mediartrade to verify whether his/her bid turned out to be the highest. In case of written offers with the same amount for the same lot, the first offer registered by Mediartrade will prevail. Is possible to present in pre-auction a maximum automatic offer filling out the ?Registration and bids form?. The maximum bid represents the maximum bidding limit that the prospective buyer is prepared to pay for the lot. Mediartrade will provide for higher bids on behalf of a prospective buyer, in order to obtain the award of the lot at the best awarding price. Mediartrade will not implement maximum automatic offers less than the lowest estimates mentioned in the catalogue. If the maximum bid indicated in the pre-auction is exceeded by another offer, Mediartrade will inform the bidder. In accordance to Article 59 (1), Letter m) of the Consumer Code, in the event the contract will be concluded with a buyer who put forward an offer at the auction site and could be qualified as Consumer in accordance to Article 3 (1) Letter a) of the Consumer Code, the buyer shall not be entitled to exercise any right of withdrawal, since the selling method is a public auction, as mentioned in the Article 45 (1) Letter o) of the Consumer Code. 1.6 telephone offers It?s possible to put forward one or multiple telephone offers by filling out and signing the dedicated form, attached to the auction catalogue, available at our headquarters or on Mediartrade? website. The Form must be sent to Mediartrade at least 24 hours prior to the beginning of the auction, attaching the documentation requested. Mediartrade suggests providing for two telephone numbers and to indicate a maximum offer, in this way, where it was impossible to contact the prospective buyer, Mediartrade will call for bids on his behalf. After having received a correctly filled out form, Mediartrade will contact the prospective buyer at the telephone numbers provided in the Form before the lot reported is sold during the auction. In case the prospective buyer put a written offer next to the lot?s number for which he wants to participate, this offer will be presented at the auction. Mediartrade will not be responsible for delays or noncompliance to telephone orders when due to phone line malfunctions, with the exception of willful misconduct or gross negligence. Telephone connections during the auction will be taped and the Mediartrade personnel is capable of handling calls both in Italian and English. In accordance to Article 59 (1), Letter m) of the Consumer Code, in the event the contract will be concluded with a buyer who put forward an offer at the auction site and could be qualified as Consumer in accordance to Article 3 (1) Letter a) of the Consumer Code, the buyer shall not be entitled to exercise any right of withdrawal, since the selling method is a public auction, as mentioned in the Article 45 (1) Letter o) of the Consumer Code. 1.7 online offers It is possible to take part to the onsite auction or put pre-auction online offers through Mediartrade website, in accordance with the following steps: a) register to Mediartrade Website Mediartrade.com creating an account specifying if the registration is carried out as private or company by filled all the fields required; b) click on the link received to confirm the e-mail address you provided c) access the site by entering your credentials (e-mail and password) d) go to ?Future auctions? and register to the live auction of your interest, providing any required information by clicking ?Register at the auction?. Verify that your data are correct and complete the missing data to send the request e) wait for the confirmation of registration for the auction f ) in your account, in the section ?Registered Auctions? or directly in the auction details you have registered, click on the ?MAT Live? section to access the live auction and you will be connected to the live auction and you can participate to the auction of your interest, sending your offers for the lots of your interest. Mediartrade will not be responsible for technical difficulties happening during the auction (such as delays concerning internet connection or malfunctions affecting the server in charge of handling the online auction participation), with the exception of willful misconduct or gross negligence. Mediartrade is in no way responsible for any damage, or inconvenience, deriving from a non-proper use of the website in accordance to the present information i.e. the Conditions of use of the website. The participant undertakes to not use any software or tool of any kind that may influence (even only potentially) the development of the auction and further undertakes to use the website and any of its web application in good faith and correctness. Whenever Mediartrade has decided to allow the participation also to the online auction, the present General Sales Conditions also regulate the offering sale and the lots awarding throughout the Mediartrade? web channels partners. The participation at the auction through these websites (owned and managed by different companies that don?t have corporate dealings with Mediartrade) is subjected to the previous enrolment. The online auction to which the present General Sales Conditions apply is considered a public auction (defined by Art. 45 (1) (o) ) of the Consumer Code as a sales method according to which goods or services are offered, by a business, to consumers that are allowed to participate in person, through a transparent competitive process handled by an auction house, and to which the successful bidder is bound to purchase said goods or services), with the same participants as the ones present in the auction room, including telephone, pre-auction written offers or a maximum automatic offer. Lots purchased online are offered and sold by Mediartrade and web channels partner, who is entrusted by the Seller as a representative with power of attorney. The offering and sale of lots online by Mediartrade and web channels partner constitute a distance contract regulated by Chapter 1, Title 3 (art. 45 et seq.) of the Consumer Code and in accordance to legislative decree Nr. 70 of 9th June 2003 regarding to e-commerce. Art. 59 (1)(m) of the Consumer Code denies the right of withdrawal for contracts concluded during a public auction, including auctions organized by Mediartrade that include the possibility of online participation to users through Mediartrade? website and the other web channels partners. Therefore, the right of withdrawal is denied on lots awarded online during auctions organized by Mediartrade. 1.8 currency converter and video Mediartrade?s auctions involve the use of a currency converter, whose functioning might be defective. In the event of errors deriving from causes that are beyond its reasonable control, Mediartrade declines any liability towards bidders who formulated their offers referring to the currency converter instead of the actual submission of bid happening in the auction room. Furthermore, Mediartrade?s auctions involve the use of a monitor/digital screen, which might be defected in function or quality of image. Mediartrade declines any liability pertaining said defects where they depend from causes that are beyond its reasonable control. 2. SYMBOLS The following list presents symbols that can be found in the auction catalogue: -(*) Lots subject to VAT Lots marked by this symbol were entrusted by VAT entities and therefore subject to VAT. -(?) Certificate of free movement2 Lots marked by this symbol are accompanied by a certificate of free movement or by certificate of occurred shipment/ import. -(^) Without qualification In the event of a lot sold without qualification, it will be marked by this symbol. - (§) Without commissions Lots marked by this symbol don?t provide for the calculation of sales commissions 3. RESERVE PRICE The reserve price is the minimum selling price (gross of fees), agreed between the owner and the auction house, under which the asset cannot be sold. At the auction stage this amount is strictly reserved and protected by the auctioneer. 4. AUCTIONEER?S RIGHTS The blow of the auctioneer?s hammer determines the acceptance of the higher offer, the clearance price and consequently the conclusion of the sales contract between Seller and Buyer. Furthermore the auctioneer might, at its own discretion and at any moment of the auction: change the order provided for by the catalogue, withdraw a lot from the auction, redraft a selling offer for a lot, whenever he/she has reasons to believe that errors or a dispute are unfolding. The Sales Director is entitled to accept offers transmitted by telephone or other means. Said offers, when deemed acceptable, will be communicated in the auction room. In the case of a tie the offer presented in person at the auction room will prevail; in the event that multiple offers of the same amount are arriving, by telephone or other means, the one that arrived first, according to the unquestionably finding of the Sales Director, will prevail. 5. RAISING The raises will follow a predetermined scheme, visible online for each lot and reported below: 6. AUCTION PREMIUMS OR PURCHASE COMMISSIONS The buyer will pay, in addition to the clearing price, the following auction premiums or purchase commissions (VAT excluded) (Including VAT): - 23,00 % up to EUR 100.000,00 - 20,00 % referred to the part exceeding of the price from EUR 100.000,00 to EUR 500.000,00 - 18,00 % referred to the part exceeding of the price from EUR 500.001,00 and beyond. 7. RESALE RIGHT On 9th April 2006 legislative decree Nr. 118 of 13th February 2006 came into effect, which, implementing Directive 2001/84/CE, introduced in the Italian legal order the right, for artists and manuscript authors, and their successors, to receive royalties on every sale of the original piece following the first (the so-called ?resale right?). The ?resale right? is due only if the selling price is not lower than euro 3.000,00. It is defined as follows: - 4% for the portion of the sale price up to EUR 50.000,00; - 3% for the portion of the sale price from EUR 50.000,01 to EUR 200.000,00; - 1% for the portion of the sale price from EUR 200.000,01 to EUR 350.000,00; - 0,5% for the portion of the sale price from EUR 350.000,01 to EUR 500.000,00; -0,25% for the portion of the sale price beyond EUR 500.000,00. The total amount of the fee can?t be exceed EUR 12.500,00, anyway. Mediartrade, being an auction house, is required to pay the ?resale right? to ?Società Italiana degli autori ed editori? (S.I.A.E.). In addition to the clearing price, auction premiums and other expenses, the Buyer undertakes to pay the ?resale right?, that would be up for the Seller to pay according to Law Nr. 633 of 22nd April 1941, Art. 152 (1). 8. PAYMENT 8.1 The following forms of payment might facilitate the immediate withdrawal of the purchased goods: - cash up to EUR 1.999; - bank cheque by agreement with the administration direction of Mediartrade - credit card/ATM (the estimated fee will be charged to the purchaser). Buyers can make payments Visa, V-Pay, Mastercard, Maestro, American Express, Apple-Pay, GooglePay by checking out your purchases on Mediartrade website. - bank transfer to: Gruppo UBI Banca registered to Mediartrade Srl IBAN: IT50Z0311101617000000002952 SWIFT/BIC: BLOPIT22 Account N: 00002952 8.2 The payment of what is due, if not already performed, must be made within 7 working days from the receipt of the invoice. Mediartrade is allowed to refuse delivery of the awarded lot before the payment of clearing price and other expenses has been fully made. Whenever the successful bidder fails to provide for the payment, what follows at point 8.3 shall prevail. 8.3 In the event that the Buyer fails to pay to Mediartrade the full amount due within 10 days from the receipt of the invoice, Mediartrade will exercise some rights and legal actions. By way of example, please refer to the following list: a) Holding the Buyer accountable for the entirety of the amount and take legal action to recover the full amount, on top of interests, legal fees and costs incurred, to the absolute limit of the law; b) Resolving the transaction; c) Reselling the lot, by auction or privately, under the applicable laws; d) Allocating the received payments from the Buyer to debt-service of any liability, if the Buyer is required to pay multiple amounts to Mediartrade, pertaining to several transactions. e)Refusing any offer in future auctions by the defaulting Buyer or on its behalf, or alternatively require an escrow before accepting any future offer; f ) Exercising rights and remedies granted by the law to subjects holding security interests over any goods belonging to the defaulting Buyer within Mediartrade, in the form of collateral, bail, deposit or any other rights, to the absolute limit of the law in force at the place where said good is located. This guarantee will be considered in favour of Mediartrade on behalf of the defaulting Buyer, therefore Mediartrade will be able to withhold the property to ensure the fulfilment of the obligations of the Buyer; g) Pursuing any other action or remedy deemed necessary or appropriate. In the event that Mediartrade resells the lot, according to previous paragraph (c), the defaulting buyer will be responsible of paying any potential difference between the overall amount originally due to Mediartrade and the price obtained by reselling, on top of any reasonable cost, expense, damage, legal fees, commissions and rights of any kind regarding both sales or otherwise caused by the defaulting Buyer. 9. LOT DELIVERY AND WITHDRAWAL 9.1 Sold objects must be picked up within 10 days from the payment. 9.2 The lot will be collected by the purchaser at Mediartrade office, in via Marco Polo 9, always at the expense of the purchaser, showing a document certifying his identity. If, for any reason entrusts a third party to withdraw the lot on his/ her behalf, the latter shall provide a mandate signed by the Buyer on top of a copy of both the delegator and delegate IDs. 9.3 If, for any reason, the withdrawal of the object fails, if sold and payed within the time limit specified in Art. 9.1, the Buyer will be asked to advise Mediartrade in order to avoid the payment of a deposit and cover insurance fees. However, in case of decay, damage or removal of the awarded object, that wasn?t picked up within the time limit specified in Art. 9.1, Mediartrade shall be exempt of any liability. 9.4 At the express request of the purchaser, Mediartrade may arrange, at the expense and risk of the purchaser, the packing, transportation and insurance of the lot through its own trusted shipper specialized in art transports subject to communication and written acceptance by part of the purchaser of the related expenses. The shipment can also take place through a forwarder directly appointed by the buyer, always subject to written communication authorizing Mediartrade to deliver the lot and the related documentation. In the event that the buyer decides to rely on a generic forwarder, therefore not specialized in transport of art, which does not provide for safe packaging of the property, Mediartrade will apply a minimum cost of 50 ? plus VAT for the packaging service calculated based on the lot size awarded. 9.5 Despite adopting every reasonable care in handling, wrapping and delivery of the purchased lot and in the choice of third parties that will be involved in the previously mentioned tasks, Mediartrade shall not be responsible for any action or omission committed by said third parties. Likewise, when asked to suggest parties to take care of handling, wrapping and delivering lots, Mediartrade will direct the choice to trusted suppliers as a consequence of the years of experience in the field, however it will be in no way responsible for any action or omission committed by them. 10. EXPORT OUT OF THE TERRITORY OF THE ITALIAN REPUBLIC 10.1 The export of the lot from the Italian Republic could be subject to the issue of a free-circulation certificate or an export license, in accordance with the Articles 68 and ss. of the Legislative Decree January 22nd 2004, n. 42 (Codice Urbani). Except as otherwise agreed in writing with Mediartrade, the act of requesting a free-circulation certificate and/ or an export license for a lot by the Buyer will have no effect on the obligation that the latter has to pay for said lot within 3 working days from the receipt of the invoice, and neither on Mediartrade?s right to charge interests of deposit fees or other expenses in the event of a delay in payment. In case the Buyer intends to entrust Mediartrade to request a free-circulation certificate and/ or an export license on his/ her behalf, Mediartrade will charge a commission for said service. Mediartrade will not be required to cancel the purchase or refund interest or any other costs incurred by the Buyer, in the event that a free-circulation certificate and/or an export license is required. 10.2 The buyer must comply with the legislative provisions and applicable rules concerning goods presenting a cultural interest, or currently in the process of getting declared as such, in accordance to legislative decree Nr. 43 of 22nd January 2004, Art Nr. 14 et sq., with specific reference to Art. Nr. 53 et sq. The reform provides the modification of some parts of the Code of Cultural Heritage, in particular the art. 65. The export of lots , performed either by resident or non-resident in Italy, is regulated by the aforementioned legislation and furthermore subject to monetary, fiscal and custom regulation in force. The request for a licence will be submitted to the Ministry of Cultural Heritage and Activities, Export Bureau, only after the payment of the lot is complete and at the written request of the Buyer. Mediartrade shall not be responsible for any restriction to the export of awarded lots, and much less for any licence or permit that the Buyer must obtain under the current Italian law. For the objects subjected to notification by the State pursuant to Legislative Decree 22.01.2004 n. 42 (Code of Cultural Heritage) and subsequent modifications and additions, buyers are required to comply with all applicable laws. In case the national competence authorities exercise the right of first refusal to purchase a lot under the aforementioned decree, the Buyer will have no right to receive from Mediartrade or the Seller any refund over the interests on the sales price and on the purchase commission, if already paid. 11. VIEWING AND EXAMINATION OF LOTS 11.1 The pieces for sale will be exposed before the auction takes place, in order to allow a proper viewing and examination. Whoever may be interested will have the opportunity to get a comprehensive view of their characteristics, including conservation status, actual dimensions and overall quality. As a consequence of that, the successful bidder shall not question any error or inaccuracy that may be present on the catalogue or on the disclosures, or any discrepancy between the photo and the actual piece for sale, and therefore, the mismatches ( whether pertaining to the year of creation, or references to any publication of the piece, execution technique and materials on which, or with, the piece was created) between the information written on the catalogue and the actual characteristic of the awarded piece. The lots auctioned by Mediartrade are sold in the conditions and conservation status shown during exposition; therefore any reference contained in the catalogue description is fully comprehensive; however condition reports that may supplement the catalogue description are available at a Buyer?s request. It?s possible to ask a condition report to the auction house, sending an3 e-mail to info@mediartrade.com, within the day before the auction or clicking on the item ?Ask a condition report?, on the page of every lot on Mediartrade website. After the awarding of the lot, Mediartrade does not allow disputes and is relieved of all responsibility and defects related to the information regarding the lots on sale. Every description provided by Mediartrade is made in good faith and constitutes nothing more than a mere opinion; hence said description shall not be considered binding and comprehensive for the Auction House. Mediartrade encourages prospective buyers to personally examine every lot and to request a dedicated evaluation to their own trusted restorer or any professional expert, before submitting an offer. As regards the electrical or mechanical goods, it is not made any checks before the sale and the buyer takes responsibility about the functioning of them. 11.2 Any written or verbal statement provided by Mediartrade, including those contained in the catalogue, reports, comments or evaluation regarding any characteristic of the lot, such as authorship, authenticity, origin, allocation, date, age, historical period, cultural origin, quality (including market value and price), are purely based on opinions and are therefore subject of review and modification by Mediartrade, before the lot is put for sale. Mediartrade and its staff, collaborators, management and consultants are not responsible for any error or omission that may be found in said statements. Any liability that Mediartrade has towards the Buyer, is limited to the clearing price and the purchase commission paid by the Buyers to Mediartrade. With the exception of wilful misconduct or gross negligence, Mediartrade, i.e. its staff, collaborators, management and consultants shall not be responsible for any act or omission regarding lot preparation or the direction of the auction or any inconvenience related to the lots on sale. 12. COUNTERFAITING 12.1 According to Mediartrade?s opinion, counterfeit is the imitation of a lot offered for sale, not described as such in the auction catalogue, created for the purpose of deception on autorship, authenticity, origin, attribution, source, date, age, period, which at the date of the sale had a lower value than the one which would have had if the lot had corresponded to the description of the auction catalogue. A lot that has been restored or subjected to modification of any nature (including repainting or over-painting) does not constitute counterfeit. 12.2 If a lot appears to be counterfeited, after a successful awarding, Mediartrade shall give a refund to the Buyer that asked for the recession of the sales contract, after the lot has been returned to Mediartrade, consisting of an amount equal to the clearing price and the purchase commissions paid, both expressed in the currency used to pay the lot in the first place. 12.3 Mediartrade?s obligation is under the condition that, within 5 years from the purchase, the Buyer: communicates in writing to Mediartrade, within 90 days from the date in which information has been received suggesting that the lot might be counterfeited, number of the lot, date of auction in which the lot was purchased and motivations according to which the Buyer has reasons to believe the lot is counterfeited; is able to return the lot to Mediartrade, free from any claim or pretence coming from third parties that surfaced after the date of purchase and the lot will be in the same conditions in which it was when it was sold; provides Mediartrade with at least two reports coming from professionals or experts in the field, stating the reasons why it is believed that the lot is counterfeited. Mediartrade will not be bound by the opinions provided by the buyer and it reserves the right to ask other additional opinions of other experts at its own expense. 12.4 Mediartrade will not perform a refund if: the description on the catalogue complied with generally accepted opinions from experts at the time the lot was sold or that indicated the authenticity and lot attribution as controversial; or if at the time of publication on the catalogue the counterfeiting of the lot could be proven only with unsuitable examinations, that were too costly or might have reasonably damaged the lot or would have lowered the overall value. 13. TRANSFER OF RISK 13.1 A purchased lot is entirely at the Buyer?s risk from the earliest date between those in which the buyer : a) fully pays the amount due for the lot; b) from the date in which the deadline of 7 working days from the receipt of the invoice runs. 13.2 The Buyer will be refunded for any loss or damage that will occur after the lot has been sold but before the risk transfer occurs. The refund shall not be higher than the clearing price amount, in addition of the purchase commission received by Mediartrade. 13.3 With the exception of wilful misconduct or gross negligence, Mediartrade shall not be responsible for the loss or damaging on frame/glass containing or covering prints, paintings or any kind of art piece unless the previously mentioned frame/glass are in fact the actual purchased lot. 13.4 Mediartrade will be in no case liable for the loss or damaging that happened after any operation (including restoring procedures, action on frames or overall cleaning operations) done by independent experts entrusted by Mediartrade with the consent of the Seller (or Buyer) of the lot; and deriving, directly or indirectly from: a) Humidity and temperature shifts; b) Normal wear and tear or gradual decay deriving from operation on the lot and/or hidden defect (including woodworms or other parasites); c) Mistreatments; d) War, nuclear fission, radioactive contamination, chemical weapons, including biochemical and electromagnetic weapons; e) Terrorist acts. 13.5 Labels, markings and seals present on the art pieces that attest property and any subsequent transfer of ownership of the lot will be guaranteed by Mediartrade as existing only until the Buyer picks up the purchased lot. 14. IMPORT Lots temporarily imported from extra-EU countries as stated in the catalogue, will be subject to VAT on the entire value ( clearing price + Auction house rights) once they get permanently imported. 15. APPLICABLE LAW AND JURISDICTION The contact between Mediartrade and the Buyer is regulated by the Italian Law. It is applied to users who do not have their usual residence in Italy of any more favourable and mandatory provisions enforced for by the law of the country in which they have their habitual residence. For any dispute concerning the application, execution and interpretation of General Conditions of Sale the jurisdiction of the country the user resides or is domiciled shall be deemed competent. The user who resides in a member state of the European Union other than Italy, can also access, for any dispute concerning the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by the Council Regulation (CE) Nr. 861/2007 of 11th July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, the amount of EUR 2,000.00. The text of the regulation can be found on the website eur-lex.europa.eu. Pursuant to Art. 141(e)(3) of the Consumer Code, Mediartrade informs the user who holds the status of consumer as Art. Nr 3 (1) (a) of the Consumer Code, which, in the event that he lodged a complaint with Mediartrade, following which it was not possible to resolve the raised dispute, Mediartrade will provide information on the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (cc.dd. ADR entities, as indicated in Art. Nr. 141-bis et sq. of the Consumer Code). The user will decided whether to use these bodies to resolve the dispute or not. Mediartrade also informs the user who qualifies as a consumer pursuant to Art. Nr. 3 (1) (a) of the Consumer Code, which established a European platform for online resolution of consumer disputes (eg ODR platform). The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer can consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure of the dispute in which he/she is involved. 16. PERSONAL DATA PROTECTION Pursuant to art. 13 of EU Regulation 679/2016 (GDPR) Mediartrade as a right holder of the data processing informs that the data will be used, using paper and electronic means, to be able to give full and complete execution of the purchase and sale contracts stipulated by the same company, as well as for the pursuit of any other service compliant to Mediartrade srl. To execute contracts, the provision of data is mandatory while for other purposes it is optional and will be requested with appropriate methods. To read the extended information, refer to the privacy policy on the website www.mediartrade.com. The registration to the auctions allows Mediartrade to send the catalogs of the subsequent auctions and other informative material related to the activity of Mediartrade itself.