GENERAL TERMS AND CONDITIONS – BUYERS – PUBLISHED ON THE WEBSITE
1) Bolli&Romiti Auction House, based in Rome, acts as agent with representation in its own name and on behalf of the seller, pursuant to Article 1704 of the Italian Civil Code, for the sale of the goods listed in the attached schedule (hereinafter referred to as the “lot”).
Since the sale is to be considered as taking place between the seller and the buyer pursuant to Article 1388 of the Civil Code, Bolli&Romiti assumes no liability toward the successful bidder, the seller, or any other third party, except for those arising from its role as agent. All responsibilities under Articles 1476 et seq. of the Civil Code remain with the sellers of the works.
Sales are made to the highest bidder and are considered cash sales.
The fall of the auctioneer’s hammer, in his capacity as director of the sale, determines the conclusion of the sales contract between the seller and the buyer.
2) The lots offered for sale are to be considered used goods provided as antique items, and therefore cannot be regarded as “products” within the definition provided by Article 3, letter e) of the Italian Consumer Code (Legislative Decree 6.09.2005 no. 206). Accordingly, the application of such regulation is excluded, regardless of the consumer status of the seller or buyer.
The selection and choice of items to be auctioned is the exclusive prerogative of Bolli&Romiti; it is at their sole discretion to include such goods in the sale most appropriate to the nature of the lot.
3) Each auction is preceded by an exhibition, allowing the public to carefully examine and verify each lot for sale in order to assess all aspects such as authenticity, condition, material, provenance, and consistency with the catalogue description.
The items are sold as is.
Bolli&Romiti’s experts are pleased to provide, upon request, a verbal or written opinion on their condition, supported where necessary by photographic or digital material.
Such opinion or condition report is not exhaustive, is non-binding, and may not indicate all defects or restorations; it does not replace the buyer’s direct inspection, as it represents solely the subjective opinion of our experts.
Therefore, it is provided for informational purposes only and does not entail any liability on the part of Bolli&Romiti.
Catalogue descriptions likewise represent the experts’ personal opinions, and it is the buyer’s responsibility to verify the accuracy of the match between the lot and its description.
No claims will be accepted regarding restorations, defects, or errors in the catalogue.
Regarding mechanical and electrical items (clocks, mantel clocks, wristwatches, lamps, automata, etc.), Bolli&Romiti considers them as decorative objects only; therefore, it does not guarantee their functioning and recommends that the mechanical or electrical system be inspected by a qualified professional.
4) The lots are offered for sale in the condition in which they were received by Bolli&Romiti and are exhibited accordingly, with any and all defects and imperfections, such as breakages, restorations, losses, or replacements.
Such conditions, even if not specified in the catalogue, may not be grounds for contesting the sale.
By their very nature, antiques may have undergone restoration or alterations; such interventions shall not be considered hidden flaws or forgery.
5) The descriptions or illustrations of lots contained in the catalogues, brochures, or any other promotional material are purely indicative and reflect an opinion; they may be amended before the lot is offered for sale.
Bolli&Romiti is not liable for any errors or omissions in such content and cannot be held responsible for forgery, as no explicit or implicit guarantee is provided for the lots offered.
Images published in the catalogue or other materials serve exclusively to identify the lot and are not to be considered accurate representations of its condition.
6) Works from the 20th and 21st centuries (modern and contemporary art) are generally accompanied by documentation issued by foundations, archives, galleries, or other authorities recognized as competent to authenticate such works. These documents are regularly cited in the catalogue entry.
No other certificates, expert opinions, or documents—requested or submitted after the sale—shall be considered valid grounds for contesting the authenticity of the work.
Bolli&Romiti provides no guarantee regarding copyright or reproduction rights for the lots sold.
7) All information provided about metal hallmarks, carat weight of gold, and weight of diamonds and colored stones is purely indicative and approximate.
Bolli&Romiti shall not be held liable for errors in such information or for deliberate falsifications of precious items.
Any certificates attached to the items by independent gemological laboratories are not guaranteed by Bolli&Romiti, although references to such certifications may be cited for informational purposes only.
8) With regard to books, no claims will be accepted concerning binding damage, stains, wormholes, trimmed pages or plates, or any other defect that does not affect the completeness of the text and/or illustrations.
Claims will also not be accepted for the absence of plate indexes, blank pages, inserts, supplements, or appendices added after the original publication.
9) Any dispute must first be evaluated by a Bolli&Romiti-appointed consultant and an expert of equal qualification designated by the client.
Claims must be submitted in writing by registered letter with return receipt or via certified email (PEC) within fifteen (15) days of the auction.
After this period, Bolli&Romiti shall bear no further responsibility.
If a claim is accepted, the buyer is entitled only to a refund of the amount actually paid, upon return of the item, with no further compensation.
In the case of a substantiated and accepted claim involving a forged item, the buyer must notify Bolli&Romiti in writing within three months of discovering the defect, and in any case no later than five years from the date of sale.
The lot must be returned in the same condition as at the time of sale, free from any claims or third-party interests.
Bolli&Romiti may, at its discretion, cancel the sale and disclose the seller’s identity to the buyer, upon prior notice to the seller.
By partial exception, Bolli&Romiti will not issue a refund if:
the catalogue description aligns with the opinion of experts at the time of the sale,
the authenticity was declared controversial in the catalogue,
the forgery could only have been discovered using impractical, excessively expensive, or damaging tests,
or if the lack of attribution to a specific context or artist does not significantly affect the value.
These conditions apply only between seller and buyer, and no third-party claims will be accepted.
10) The auctioneer may accept purchase commissions at specified prices based on clear instructions, and may also bid on behalf of third parties.
Telephone bids may be made during the auction, at the discretion of the auction house, and are transmitted to the auctioneer at the bidder’s own risk.
These calls are provided free of charge by Bolli&Romiti and may be recorded; by participating, telephone bidders acknowledge and accept this.
No complaints or claims will be accepted for written, telephone, or live bids that were inadvertently missed or incorrectly executed.
11) Lots are awarded by the auctioneer. In the event of a dispute over a sale, the contested lot will be re-auctioned during the same session, starting from the last bid accepted.
At any time during the auction, the auctioneer may, at their sole discretion:
withdraw a lot,
make consecutive or responsive bids on behalf of the seller up to the reserve price,
or take any action deemed appropriate to the circumstances, including combining or separating lots, or modifying the order of sale.
12) Before entering the saleroom, clients wishing to bid on any lot must request a bidding paddle, which will be provided by the auction house staff upon presentation of valid identification and communication of their personal details and address.
Bank references or other equivalent guarantees may also be required to ensure payment of the hammer price and buyer’s premium.
If not already done, bidders must confirm their personal information upon winning a lot.
Bolli&Romiti reserves the right to deny access to its premises or participation in the auction to anyone, at its sole discretion. It may also refuse bids from unknown or unapproved buyers unless a deposit covering the full price of the desired lots is provided, or other adequate guarantees are given.
If a buyer fails to pay or delays payment, Bolli&Romiti accepts no liability and cannot be held responsible by the seller.
The auction house may also refuse bids from the same non-compliant buyer or their representative in future auctions.
13) A buyer’s premium of 26%, including VAT as required by current regulations, will be added to the hammer price on purchases by telephone, in person or via a formal written bid. For participation through online platforms, the buyer’s premium will increase according to the platform fees (typically between 3% and 5%). For further information, please contact the auction house.
14) The buyer may pay a deposit at the time of the sale and must complete full payment within seven (7) working days, before collecting the item at their own risk, expense, and responsibility.
This payment must include any applicable taxes, customs duties, or other charges.
The item must be collected within ten (10) working days of the auction’s conclusion, unless otherwise specified in point 15.
If the buyer fails to pay the total amount due within this period, Bolli&Romiti may, at its discretion:
a) return the item to the seller and request a penalty payment from the defaulting buyer equal to the lost commissions;
b) take legal action to enforce the purchase obligation;
c) sell the lot privately or at future auctions on behalf of and at the expense of the defaulting buyer, pursuant to Article 1515 of the Civil Code, without prejudice to any claim for damages.
After this deadline, Bolli&Romiti is released from all responsibility for any deterioration or loss of the item and is entitled to charge the buyer for storage fees and any transport costs to the warehouse, according to the current rate sheet.
All risks relating to the item pass to the buyer upon sale.
The purchased items will be released only after full payment of the hammer price, premium, and any additional fees or reimbursements.
15) For cultural heritage items subject to Italian Law (Legislative Decree 22.01.2004 no. 42 and subsequent amendments), buyers must comply with all applicable laws and regulations.
In the event of a right of pre-emption exercised by the State or any entity indicated in Article 62 of the decree, the buyer cannot claim reimbursement of any interest or auction commissions already paid.
Items subject to a cultural interest declaration (notification) may only be collected once the pre-emption period has expired, as provided under Article 61 of the decree, and only if the right is not exercised.
The export of items, whether by Italian residents or non-residents, is regulated by the same decree (particularly Articles 64-bis et seq.), as well as current customs, currency, and tax laws.
Export is at the sole responsibility of the buyer, and Bolli&Romiti accepts no responsibility in this regard.
Unless prohibited by law, the export of items over seventy years old is always subject to a certificate and/or export license issued by the competent authority.
Bolli&Romiti does not accept any responsibility for export restrictions or for obtaining the necessary licenses or certificates.
16) With regard to the export of purchased items, we are pleased to assist buyers in arranging shipping and obtaining the necessary documentation by providing contact information for our trusted logistics partners.
17) For any lots containing materials derived from protected species—such as coral, ivory, tortoiseshell, crocodile, whale bone, rhinoceros horn, etc.—an export license (CITES) issued by the Italian Ministry for the Environment and Protection of Land and Sea is required.
Buyers are advised to consult the import regulations in the country of destination before purchasing such items.
18) The Artist’s Resale Right (Droit de Suite) shall be borne by the seller, pursuant to Article 152 of Italian Law no. 633 of 22.04.1941, as amended by Article 10 of Legislative Decree no. 118 of 13.02.2006 (implementation of Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art).
19) The estimated values indicated in the catalogue are expressed in euros and are purely indicative.
These values may be equal to, higher, or lower than the reserve prices agreed upon with the sellers.
20) This contract is binding upon the parties and their respective successors, whether universal or particular.
21) These Terms and Conditions of Sale, governed by Italian law, are implicitly accepted by all participants in the auction process and remain available upon request.
Any dispute related to the auction activity at Bolli&Romiti shall fall under the exclusive jurisdiction of the Court of Rome.
22) In accordance with Article 13 of Legislative Decree 196/2003 (Personal Data Protection Code), Bolli&Romiti, as data controller, informs clients that the personal data provided will be used, in both paper and electronic form, solely to execute the sales contracts concluded by the company and to fulfill any other services related to Bolli&Romiti’s corporate purpose.
Providing data is optional, but strictly necessary to complete contracts.
Registering for auctions also allows the auction house to send catalogues for future auctions and other information regarding its activities.
23) Any communication relating to the sale must be made by registered letter with return receipt to the following address:
Bolli&Romiti S.r.l.
Registered office:
Via Beatrice Cenci, 9/9A
00186 Rome – Italy
or via certified email (PEC).