Conditions of Sale

1. Responsibility of the auctioneer

   Blindhouse (under the name of Blindarte auction house) acts as agent with exclusive representation of the seller, who shall acquire the rights and assume the obligations arising from the sale concluded on its behalf. Blindhouse therefore assumes no liability towards buyers and third parties other than that arising from its capacity as agent and shall not be liable for any failure to perform on the part of either the sellers or the buyers, upon whom the effects of the sale shall fall.
   The following conditions of sale may be subject to some variations depending on the particular situation due to the dissemination of Covid-19. Therefore, please contact the offices of Blindarte to ask for confirmation in relation to the location of the works (both for viewing and for collection in case of purchase), the terms of participation in the auction and payment.
   
   

2. Description of lots in the catalogue

   All objects are sold with their own defects and imperfections and in any case in the state they are in at the time of sale. References to the state of preservation of lots, although made in good faith and in accordance with the standards of diligence appropriate to an auction house, cannot take on expert value in the absence of specific professionalism. The indications provided do not imply the absence of further defects, just as the absence of such indications does not imply that a lot is free of alterations from its original state. Estimates provided, whether written or oral, represent a merely indicative opinion. Blindarte may at any time, at its own discretion, modify any estimate it has provided. The descriptions in the catalogue are made for the sole purpose of identification of lots and are merely opinions, subject to possible revision. The images, illustrations and descriptions of the works are purely indicative and may not give rise to any kind of reliance. The function and safety of the goods of an electrical or mechanical nature are not verified prior to sale and are purchased by the successful bidder at his own risk. Information on metal marks, carat and weight of precious objects, determined on the basis of body measurements, are to be considered as indicative and approximate and may not be considered as statements of warranty. Images and information published on this site are provisional and may contain errors. Artists are invited to write an e-mail to Blindarte to have any corrections made to the publication of images or texts. However, Blindarte reserves the right to assess the appropriateness of such requests. Reproduction of the contents of this site, neither of the images nor of the descriptions of the works herein is authorised. Any reproductions are made under our sole responsibility. Blindarte will never be responsible and reserves the right to claim for the damages it may receive from a non-idea and unauthorised publication, as well as the possible publication of the data contained in this site (including the auction results) implies in any case the right of Blindarte to see these data corrected according to the possible changes it will deem appropriate from time to time. The published auction results are provisional and may contain errors and/or omissions. The auction house declines all responsibility in this regard. Reproduction of these results in any form, including publication on other websites, is prohibited.
   
   

3. Display of lots

   The auction is preceded by an exhibition, the main purpose of which is to allow a careful examination of the items for sale. The person interested in purchasing a lot therefore undertakes, before participating in the auction, to examine it thoroughly, if necessary with the advice of a trusted expert or restorer, to ascertain all its characteristics before submitting a bid.
   No liability can be attributed to Blindhouse or its employees, associates or directors for errors or omissions contained in these descriptions, nor in the event of counterfeiting, as no implied or express warranty is given in respect of the lots on auction.
   
   

4. Auction participation

   To ensure the utmost confidentiality and regularity of the auction, all those who intend to participate in the sale must, on the days of the exhibition and in any case before entering the auction room, fill out a registration form with their personal data (enclosing a photocopy of their identity document) and indicate the details of the bank designated to make the payment or other suitable financial references, in any case verifiable. All participants will be allocated and given a numbered paddle, to be used for bids and raises in the hall and in any case necessary for the validity of any awards.By signing the aforesaid form, the participants accept all the conditions of sale set forth herein and in submitting their bids they personally undertake to pay the auction price including the auction fee and all taxes and charges due. Blindhouse reserves the right to refuse anyone, at its own discretion, entry to its premises and participation in the auction, as well as to reject bids from unknown buyers, unless a deposit is left to cover the desired lots in full or other adequate security is provided. Blindhouse may also cancel the possible award of a lot in cases of evident untruthfulness or incomplete personal data or inadequate bank references.
   As a result of non-payment or delayed payment by a buyer, Blindhouse may reject any offer made by that buyer or its representative at subsequent auctions.
   In BLINDARTE's online auctions, each lot has a timer: bidding on each lot ends when the time indicated under Auction Deadline expires. At that time, whoever has placed the highest bid will be the winner. In order to give all interested participants the opportunity to bid, the system may provide for a time extension: it is possible that the time for bidding on lots in the online auction will be extended beyond the deadline, from 5 minutes to 30 minutes; it is possible that several time extensions beyond the deadline will be repeated.
   BLINDARTE therefore invites bidders to constantly monitor the lot they are interested in and the time within which to bid or raise bids, which may therefore be extended. Under no circumstances shall BLINDHOUSE srl/BLINDARTE be held liable.
   
   

5. Written and telephone offers

   Potential buyers, unable to participate directly in the sale in the hall, but previously registered during the exhibition period, may fill in the appropriate form, contained within the catalogue, to form:
   a)Written bids for the purchase of individual lots with an upper limit for each lot. In this case, the bidder, who will bid through the auctioneer in competition with the public participating in the auction, shall acquire the desired lot at the most advantageous price allowed by the other bids.
   In the event of identical bids, the written bid shall prevail over the one manifested in the hall. In the event of two identical written bids for the same lot being the highest, the lot shall be awarded to the bidder whose bid form was received first. Blindhouse shall in any case not be held liable for the non-execution of a written bid or for errors or omissions relating to the same.
   b)Bids by telephone connection. In this case, the person in charge of Blindhouse, in correspondence with the beating of a lot, will contact the potential buyer, previously accredited as specified above, in order to allow the same to participate by telephone in the formulation of offers. Blindhouse reserves the right to record the communication and does not assume, however, any responsibility towards the applicant in case of missed contact or in case of errors or omissions during the telephone connection, all the more so if made in a language other than Italian.
   It is possible to make written bids and also request a telephone connection in the same form, in which case the highest bid will always prevail. Requests must be received two hours before the start of the auction; however, Blindarte is entitled to accept bids even later or during the auction. Blindarte does not accept "best" or "subject to viewing" bids, nor "unlimited bids".
   
   

6. Conducting the auction

   Lots are offered with a reserve price, agreed with the seller, which represents the minimum sale price below which the lot cannot be sold.
   For each lot, the auctioneer may start the bidding below the reserve price with a bid on behalf of the seller (auction base).
   The auctioneer may continue to submit bids, either on behalf of the seller until the reserve price is reached, or on behalf of those who have submitted written bids in response to those made by the participants in the auction.
   The auctioneer shall have the right to reject any bid that does not exceed the preceding bid by at least 5% or any other percentage he deems reasonable.
   In the event of an error or dispute between several successful bidders, the lot in dispute shall, at the sole discretion of the auctioneer, be put up for sale again at the same auction session on the basis of the last bid collected before the dispute and re-awarded.
   During the auction, the auctioneer, at his discretion, may vary the order of sale, combine or separate lots; withdraw lots if the bids at auction do not reach the reserve price agreed upon with the seller.
   In the event of a dispute after the adjudication and in the absence of proof to the contrary, the documentation kept by Blindhouse shall be definitive.
   The speed of the auction may vary between 30 and 200 lots per hour.
   Neither Blindarte nor its directors, employees and/or collaborators shall be liable for any acts or omissions relating to the preparation or conduct of the auction or for any matter relating to the sale of the works.
   
   

7. Effects of Adjudication

   The objects are awarded to the highest bidder; the auctioneer "with the hammer blow" will consider the highest bid accepted and the relevant purchase and sale contract between seller and buyer will be considered concluded.
   The buyer agrees to pay Blindhouse, in addition to the hammer price, the auction commission and any applicable tax charges.
   The auction commission is 30% of the hammered price of each lot up to Euro 2,000 or less; for bids over Euro 2,000 the auction fee is 25% on the hammered price of each lot up to Euro 110,000 and 20% on the portion of the price above that amount.
   
   In the event that the offer is made through platforms and/or websites other than the blindarte.com platform, an additional commission of 5% on the award price will be applied and due, in addition to the commissions already set out in the Terms of Sale at the previous point.
   The risk of loss or damage of the work is transferred to the buyer at the moment of the adjudication. Transfer of ownership takes place only upon payment by the purchaser of the total amount due.
   Payment of the full amount, including auction fees and VAT, shall be made by the buyer immediately after adjudication.
   
   

8. Withdrawal of lots

   The purchaser shall not be entitled to withdraw the lot until Blindhouse has received all amounts due to it.
   The purchaser, in the event of the award of several lots, may not withdraw any lot without first having paid the amounts for all the lots awarded unless specifically authorised by Blindhouse.
   Upon confirmation by Blindhous of the total takings, the successful bidder shall promptly collect the lot.
   The purchaser may either collect the purchased lots personally or decide to organise their transport on his or her own account.
   The Auction House does not carry out transport for purchasers; however, upon request, it can provide estimates and organise shipment to first-class specialised companies with proven experience in the sector or arrange for the packing of the lots purchased and their delivery to private couriers.
   All packaging and shipping costs are borne by the buyer, who also assumes all risks.
   The Auction House assumes no responsibility for any fact related to transport, for which the buyer must contact the carrier directly.
   The lots purchased are covered by insurance by Blindhouse up to 7 days after the date of the sale, deadline for collection. Any further insurance can only be taken out at the specific request of the buyer. Once the collection deadline has expired, Blindhouse shall be released from any liability towards the buyer in relation to the custody, possible deterioration or deterioration of the items.
   In the event of failure to collect an adjudicated lot within seven days of the date of the sale, even if payment has been made, Blindhouse shall be entitled to collect from the buyer the storage and insurance costs of the adjudicated and uncollected lots, according to the value and volume of the items, at the rates displayed to the public on its premises.
   In the event of non-payment or delayed payment by the successful bidder, in whole or in part, of the total amount due, Blindhouse has the right, at its own choice, to demand the fulfilment or termination of the contract, without prejudice in any case to the right to compensation for damages, as well as the right to have the lot sold on behalf of and at the expense of the successful bidder, pursuant to Article 1515 of the Italian Civil Code.
   
   

9. Challenges

   The indications regarding the attribution of a lot to an artist, to a school, to a country of origin or to a period, constitute a mere opinion, since due to the nature and number of sales, it is not possible to carry out research for each lot comparable to that of academics, historians and professionals in each field of reference, whose opinions may be subject to change as a result of the development of science and the evolution of historical research.
   In the event of well-founded objections and accepted by Blindhouse for artfully forged objects, provided that the relative written communication is received by Blindhouse within one year from the date of the auction, Blindhouse may, at its discretion, cancel the sale and reveal the name of the seller to the successful bidder who so requests, giving prior notice to the latter.
   The goods offered for sale are to be considered used goods/antiques and as such are not subject to the Consumer Code, according to the provision of Article 3, letter e) of Legislative Decree no. 206/2005.
   Please note that the right of withdrawal is not applicable to purchases made at Blindhousen as this is a contract concluded at an auction sale.
   

10. Modern and Contemporary Art

    For 20th and 21st century works, the sale takes place on the basis of the documentation and certifications of accredited subjects at the time of purchase, expressly mentioned in the catalogue in the relevant cards. No other certificate, expertise or opinion, presented after the sale has taken place, can be used as a reason for Blindhouse to contest the authenticity of such works.
    
    

11. Cultural Heritage

    In the event that an asset constituting a lot is subject to a declaration of cultural interest by the Ministry of Cultural Heritage and Activities, Blindhouse shall give notice prior to the sale.
    The successful bidders shall comply with all applicable laws and regulations relating to the sale of "cultural assets" pursuant to Legislative Decree 42/2004, which is subject to the right of first refusal to purchase by the Italian State and the other entities specified therein. In the event of adjudication, the seller shall report the sale to the competent Ministry pursuant to Article 59 of the aforesaid Legislative Decree 42/04. The sale will be conditioned by the failure of the competent Ministry to exercise the right of first refusal to purchase the property within 60 days from the date of receipt of the notice. During this term, the lot cannot be delivered to the purchaser. Should the aforesaid right of pre-emption be exercised, the successful bidder shall only be entitled to reimbursement of any price paid in advance and the property constituting the lot shall be transferred to the competent authority at the same adjudication price, encumbered by the relevant auction fee, plus VAT, if due.
    
    

12. Export Licences

    The exportation of an asset constituting a lot by successful bidders resident and non-resident in Italy may be subject to the granting of certificates of free circulation or licences, which must be requested by the purchaser, who is obliged to comply with all the relevant laws and regulations in force.
    Failure to issue or delay in issuing any licence does not constitute cause for termination or cancellation of the sale, nor does it justify late payment by the purchaser of the total amount due. Blindhousen assumes no responsibility towards the successful bidder with regard to any restrictions on the export of the lots awarded, nor with regard to any licences or certificates that the purchaser of a lot must obtain under Italian law. The successful bidder in any case shall not be entitled to claim from Blindhousen nor from the seller any reimbursement of any interest on the amounts already paid.
    
    

13. Payment Methods

    Payment by the purchaser is due immediately and in any event no later than 7 days from the date of the award.
    The following forms of payment shall be accepted:
    a) in cash for amounts under € 2,000.00
    b)in non-transferable bank drafts made out to Blindhouse srl, subject to verification at the issuing bank
    c) with non-transferable bank account cheques made out to Blindhouse srl, subject to agreement with the management
    d) by bank transfer to Banca Intesa - Milan Branch - C.so Garibaldi 86 - C/C 15263 - ABI 03069 - CAB 09441 - IBAN: IT 82 A 03069 09441 100000015263 - BIC/SWIFT: BCITITMMXXX. In this case, it will be necessary to wait for notification of credit from the bank for collection.
    e) by ATM at our offices or by credit card at our offices, in which case an amount equal to the commission charged by the company providing the ATM or credit card service will also be charged. Credit cards belonging to the following circuits are accepted: Visa, Mastercard, Maestro, Cirrus and PagoBancomat.
    Blindarte may reject payments received from persons other than the purchaser.
    
    

14. Applicable law and jurisdiction

    These Conditions of Sale are tacitly accepted by all those who intend to participate in this auction sale. Should any provision of these Conditions of Sale be deemed invalid or ineffective by any Court, it shall be deemed not to have been made, but the full validity and effectiveness of the remaining provisions shall remain unaffected.
    By submitting a bid at auction, even in writing or by telephone, the participant accepts the exclusive jurisdiction of the Court of Naples for the resolution of any dispute.
    
    

15. Privacy policy

    Pursuant to Article 13 of Legislative Decree 196/2003 (Personal Data Protection Code), Blindhouse, in its capacity as data controller, hereby informs you that the data provided will be used, by paper and electronic means, in order to fully and completely execute the sale and purchase contracts entered into with our company, so as to allow
    a) the performance of contractual obligations undertaken
    b) managing relations with sellers and buyers
    c) carrying out audits and assessments of the auction relationship and the risks associated with it
    d)the fulfilment of tax, accounting, legal and/or public body requirements.
    The provision of data is optional, but is strictly necessary for the execution of purchase and sale contracts.
    In order to obtain full clarity on the operations we have referred to and to exercise the rights provided for by art. 7 of the aforementioned Decree, you may contact Blindhouse S.r.l., in the person of the Sole Director, at the Company's offices in Naples at Via Caio Duilio, 4/d - 10.
    
    

16. Free Bidding Lots

    As is customary for lots offered for free bidding, telephone participation is not permitted: interested parties may participate in the sale in the auction room or by submitting written bids in the usual manner. As a partial exception to the foregoing, participants in the sale who submit written bids equal to or greater than €500 shall also be given the opportunity to request telephone contact and to bid if the written bid is exceeded in the hall.
    Participation by telephone neither replaces nor eliminates the written bid, which remains valid and binding on the buyer, but merely allows for further bids if the bid is outbid.
    Due to the characteristics of this sale, all lots presented in this section are not subject to return.
    The descriptions in the catalogue are purely indicative, and may contain errors and omissions, so prospective purchasers are required to check for themselves the correctness of the information provided and the state of preservation of the lots, some of which may also have considerable damage that is not necessarily mentioned.
    Even in these cases, restitution is not permitted.
    

Warnings

• The auctions are governed by the Conditions of Sale published in this catalogue, which interested parties should read carefully as they contain the terms of purchase of an auction lot.
• Estimates of lots in the catalogue are given in euros and do not include commission fees for the benefit of the auction house.
• The auction base is the starting bid decided by the auctioneer at the time of the auction.
• The reserve price is the minimum price for which the seller has signed the mandate, below which, therefore, the lot will not be sold. Generally, the reserve is lower than the minimum estimate in the catalogue or does not exceed that value.
• The successful bidder is the natural or legal person making the highest bid accepted by the auctioneer.
• Le misure riportate in catalogo sono approssimative e vanno intese nelseguente ordine: altezza, larghezza, profondità. Per le opere di grafica sono indicate con esclusione dei margini, dove non è precisata la misura del foglio.

Information

• During the exhibition preceding the auction, our staff is available to provide visitors with any further information on the lots for sale.
• Throughout the year, our team will be happy to give free appraisals and advice on artworks and objects to be selected for inclusion in periodic auctions.
• For best service, interested parties are invited to submit proposals well in advance of sales appointments.

Glossary

We specify below the meaning of the terms used in the catalogue entries, with reference, however, to the Conditions of Sale:

Name of an artist: this is, in our opinion, a work by the aforementioned artist;
Name of an artist (attr.): it is our opinion that it is probably the work of the artist mentioned, in whole or in part;
Artist's name (and studio/and workshop): work, in our opinion, executed in the artist's studio or workshop, probably with his collaboration or under his supervision;
Name of an artist (circle of): in our opinion, a work by an unidentified hand, produced during the artist's lifetime, which shows the influence of the artist mentioned or a work attributable, with elements of doubt, even to one of his collaborators ;
Name of an artist (school of / workshop of): in our opinion it is by an unknown hand of the artist's workshop, which may have been executed under the direction of the artist;
Name of an artist (follower of): in our opinion, work executed in the style of the artist mentioned, not necessarily by one of his students; therefore it can also be dated to subsequent periods;
Name of an artist (manner of): in our opinion, work executed in the artist's style, but in a later period. The definition embraces, in particular, the works influenced by the style and best-known examples of the artist cited, even many generations after his death;
(from) Name of an artist: in our opinion, a copy of a known work by the cited artist, of unspecified date;
“signed” / “dated”: this is, in our opinion, a work that actually appears to be signed and dated by the artist;
“signature and/or inscribed date”: work bearing a signature and/or date which appears to be from a different hand or era than that of the cited artist;
“17th century” / “18th century” / “19th century”: dating with purely indicative value, which may include margins of approximation;
CR: Interested parties are invited to check the conditions of the works in person before making offers, with particular attention to the works identified by this symbol.