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ITGENERAL TERMS AND CONDITIONS OF SALE | MyTo Art Auction House
1.1 Role of the Company: Lots are offered for sale by MyTo Art Casa d'Aste (hereinafter "MyTo Art"), with registered office in Turin, Via Bergamo 16 (VAT no. 09353480966, [email protected]). MyTo Art acts exclusively as an agent with representation on behalf of the Seller, except in cases where it is the owner of the lot. 1.2 Nature of the Sale: The sale takes place within the framework of a public auction. In accordance with current legislation (Art. 59, lett. m of the Italian Consumer Code), the right of withdrawal (right to cancel) does not apply to the buyer. 1.3 Exclusion of Warranty: Lots are sold in the condition they are in at the time of the auction ("as is"). Descriptions in catalogues, brochures, or websites are purely indicative and reflect non-binding opinions. Pursuant to Art. 1490 and 1497 of the Italian Civil Code, the buyer expressly waives any warranty for defects or lack of quality. 1.4 Mechanical and Electrical Goods: All items of an electrical or mechanical nature are sold exclusively for their artistic or decorative value. No guarantee is provided regarding their functionality.
2. Participation and Bidding2.1 Bidding Methods: Bids may be submitted:
In-room: Subject to registration and collection of a numbered paddle.
Written Bids: Via the "Absentee Bid Form, " to be sent at least 24 hours before the auction.
Telephone Bids: Upon formal request submitted at least 24 hours before the start of the auction.
Online: Via the official website or partner platforms. 2.2 Increments: Unless otherwise indicated by the auctioneer, minimum bidding increments are set at 10% of the previous bid. 2.3 Rights of the Auction House: MyTo Art reserves the right to withdraw lots, combine or separate them, and to refuse participation to individuals deemed unsuitable or who have defaulted on previous sales.
3.1 Buyer's Premium: The Buyer is required to pay MyTo Art the Hammer Price plus a commission (buyer's premium) equal to 25% of the said price. 3.2 Online Platforms: For successful bids made through third-party platforms (non-direct MyTo Art Live), an additional commission of 5% will be applied. 3.3 Payment Terms: The total balance (price + commissions) must be paid within 10 calendar days from the day of the sale. 3.4 Transfer of Title: Ownership and possession of the lot are transferred to the buyer only upon full payment of the total amount due.
4. Collection, Shipping, and Risk4.1 Collection Terms: Lots must be collected from the Turin office (or Milan, if specified for a specific auction) within 10 days of payment. 4.2 Failure to Collect: After this period, if the lot has not been collected, MyTo Art shall be exempt from any liability for storage. Following a notice via PEC (certified email) or registered mail, MyTo Art may proceed to dispose of or store the item at the buyer’s expense. 4.3 Shipping: MyTo Art is under no obligation to provide shipping. Upon request, it may organize packing and transport at the Buyer’s sole expense and risk. 4.4 Transfer of Risk: The risk of damage or loss of the lot passes to the buyer upon collection or payment; in any event, the risk is transferred no later than 10 days after the auction.
5. Forgery (Counterfeit)5.1 Limited Warranty: If, within 5 years of the sale, the Buyer proves through independent expert reports that a lot is a forgery (defined as an imitation created with the intent to deceive), MyTo Art may cancel the sale and refund the hammer price and buyer's premium, provided the lot is returned in the same condition as at the time of sale. 5.2 Exclusions: No refund is due if, at the date of the auction, the description was in accordance with the prevailing opinion of experts or if the forgery could only have been detected by means of processes that were unreasonably expensive or potentially damaging to the lot.
6. Privacy and Applicable Law6.1 Anti-Money Laundering: MyTo Art operates in compliance with Legislative Decree 231/07. Customers are required to provide valid identity documents for "Know Your Customer" (KYC) verification. 6.2 Jurisdiction: For any dispute relating to the sale, the Court of Turin shall have exclusive jurisdiction.
