GENERAL CONDITIONS OF SALE
Edition of 6 October 2026, version 3.0.
1. PREAMBLE AND ACCEPTANCE
These General Conditions of Sale govern the conduct of the auctions organised by Patria auction. Participation in the auction implies the unconditional acceptance of these conditions by all bidders and by the successful bidder.
2. PRE-SALE INSPECTION AND CONDITION REPORT
Before the auction, the lots are exhibited to the public in order to allow bidders to examine them in person or through their own representatives. The Auction House provides prospective buyers with Condition Reports on the lots for information purposes only. In this regard:
- Such reports do not replace direct inspection by the buyer.
- They express a subjective opinion and do not constitute a representation or warranty.
- We strongly recommend verifying in person the state of preservation, the authenticity, the provenance and the characteristics of the lot, if necessary with the assistance of your own specialist.
3. "AS SEEN" SALE (AS IS)
All lots are sold "as seen", in the condition in which they are at the time of the sale, with all their faults, defects, restorations and imperfections, if any. The descriptions, illustrations, estimates and any other information contained in the catalogue or provided orally or in writing by the Auction House represent solely an opinion expressed in good faith and do not constitute a statement of fact or a contractual warranty.
4. EXCLUSION OF WARRANTY AGAINST DEFECTS (ARTS. 1490 ET SEQ. OF THE CIVIL CODE)
Pursuant to Article 1490 of the Italian Civil Code, the warranty against latent defects and the warranty for lack of quality are expressly excluded. The successful bidder may not therefore raise any objection or make any claim for termination of the contract, reduction of the price or compensation for damages on account of defects, faults, restorations, attributions or non-conformity of the lots, save in the case of established fraud on the part of the Auction House or of the Seller (e.g. fraudulent concealment of a known defect). The opportunity to view the lots before the auction renders applicable the exclusion of warranty provided for by Article 1491 of the Civil Code.
5. CONDUCT OF THE AUCTION
The auctioneer conducts the auction and has the power to:
- Accept or refuse bids at his or her discretion.
- Reopen a lot in the event of a dispute or error.
- Combine, divide or withdraw lots from the sale.
The contract of sale is deemed concluded at the fall of the hammer (knock-down). The Auction House acts as agent of the Seller and assumes no liability towards the buyer other than that arising from the mandate received.
6. PARTICIPATION AND BIDS
Bids may be submitted in the saleroom, in writing (by means of the appropriate form), by telephone or online, in the manner specified in the catalogue or on the website. The Auction House reserves the right to require a security deposit or bank references in order to participate in the auction. In the event of several written bids for the same amount, the one received first shall prevail.
7. PAYMENT AND BUYER'S PREMIUM
The hammer price (the price "at the fall of the hammer") shall be paid by the successful bidder no later than 7 (seven) days from the close of the auction, plus:
- Buyer's premium: 28% of the hammer price, plus VAT.
- Resale right (Droit de suite): Where applicable (for lots marked with the specific symbol «®️» or «*»), a percentage of the hammer price will be added according to the rates provided for by Legislative Decree no. 118/2006, up to a maximum amount of €12,500.00. This right is borne by the buyer.
- Any other expenses for transport, packing and insurance, as well as export duties and customs charges, are borne by the buyer.
8. EXCLUSION OF THE RIGHT OF WITHDRAWAL
Pursuant to Article 59, paragraph 1, letter m) of the Consumer Code (Legislative Decree 206/2005), notice is hereby given that, for contracts concluded at a public auction, including by electronic means, no right of withdrawal is provided for the buyer acting as a consumer.
9. GOVERNING LAW AND JURISDICTION
These General Conditions of Sale are governed by Italian law. For any dispute relating to the interpretation, performance or validity thereof and of the contracts of sale concluded at auction, the Court of Florence shall have exclusive jurisdiction.
10. EXPORT AND EXPORT AUTHORISATIONS
10.1. The buyer is solely responsible for compliance with all laws and regulations applicable to the export of the Lot outside the Italian Republic, including, by way of example but not limitation, the provisions of Legislative Decree of 22 January 2004, no. 42 (Code of Cultural Heritage and Landscape, hereinafter the "Code") as subsequently amended.
10.2. Pursuant to Law of 17 March 2026, no. 40 (the so-called "Italia in scena" reform), which entered into force on 14 April 2026, the following provisions apply to the export of cultural property:
- For works by authors who died more than 70 years ago, with a value of up to 50,000 euros: Export is permitted by means of a self-certification, which must be submitted to the Export Office of the competent Superintendency and endorsed by it before export. Such self-certification is valid for 5 years.
- For works with a value equal to or greater than 50,000 euros, as well as for all works of particular cultural interest: The issue of the Certificate of Free Circulation (ALC) by the Ministry of Culture is required. Export without such certificate is prohibited.
10.3. The Auction House reserves the right (but not the obligation) to apply for the issue of export authorisations on behalf of the Buyer, but only after having received full payment for the Lot. The Buyer acknowledges that:
- The Auction House is not answerable for the timing or the outcome of the examination of the aforementioned applications by the competent authorities.
- The standard time limits for the issue of authorisations may range from 10 to 12 weeks or more.
- Should the Ministry of Culture exercise its right of pre-emption (provided for by Articles 59 and 70 of the Code) or impose an export ban, the contract of sale may be terminated and the Buyer will be refunded the amount paid, less any costs incurred by the Auction House, after the actual receipt of the refund from the State.
10.4. All costs relating to export, including, by way of example, duties, taxes, excise duties, packing, insurance and transport expenses, as well as any other ancillary cost, are borne entirely and exclusively by the Buyer.
11. COLLECTION OF THE LOT
The lot must be collected within 14 days from the date of the close of the auction; after this period a storage fee is charged, the amount of which the Auction House communicates to the buyer.
12. IMAGES OF THE LOTS
Images may have been processed by digital means, including AI, and are for information purposes.
Operational contact
PEC tsurikam@pec.it
+39 334 878 7874 / Via dei Servi 25, 50122 Firenze (FI), Italia