How to buy

General Conditions

The present General Terms and Conditions of Contract apply to all goods for all auctions held by the Gigarte auction house owned by Orange 7 Srl with headquarters in Piazza D'Azeglio n.22 in Viareggio (LU) P.IVA 02486790468 and for any related services. The Customer fully accepts to all intents and purposes the present General Terms and Conditions of Contract and any further document and/or attachment to which the same make express reference. Any statement made by employees and/or collaborators of Gigarte, or by third parties in general, in derogation of these General Conditions of Contract, as well as any additional, supplementary and/or amending agreements of the same, shall be considered as not made;

How to bid

Auction

Gigarte will publish online the auction catalogue at least 20 days before the date of the auction live. From that time on, it will be possible to bid on the lots that will be awarded to the highest bidder during the auction's live. At the auctioneer's discretion, the lots may be subject to order variations during the auction.

View of the lots before the auction

The viewing of the lots can be done through the on-line catalogue, from the paper catalogue that can be requested to Gigarte and by appointment at one of Gigarte's offices in Viareggio (Lucca). Once the award has been made, it will no longer be possible to make complaints even if you made a mistake in compiling the catalogue. Please note that the purchase of the auction is made through the rule "seen and liked".

Bidding

For the registration of bids on the lots in auction, as described below, please see the following chart depending on the price range of the lot and the bid

Commissions

The awarding of the items for sale will be charged to the customer for 22% including the right to auction and VAT.

Online bids

You can place bids from the moment the catalogue is published online (at least 20 days before the date set for the auction) or during the auction's live streaming online

Bid via telephone or email

For those who do not use the internet tool it's possible to bid via telephone. Please note that the service is free of charge and therefore no liability can be attributed to Gigarte, which will not be liable for inadvertently unregistered offers or for errors in their execution.

Withdrawal of awarded lots

You can personally withdraw awarded lots only after receiving our confirmation of payment or only by appointment to be agreed in advance. It is essential to agree on an appointment to guarantee the actual withdrawal of the goods to those concerned.

Shipment method

Gigarte relies on a trusted courier to ship and deliver the goods. The relative expenses will be charged to the customer and, if requested, it will be possible to obtain an estimate of the same.

Shipping

Shipping of the goods will take place upon payment with proof of payment. We do not ship goods on delivery. The goods will be shipped with national couriers only using the insurance service for an amount equal to 3% of the total amount of the purchased goods (shipping costs excluded). Alternatively, the Customer may use its own trusted carrier services, thus relieving Gigarte from responsibilities related to shipping services for which Gigarte relies on third parties.

Sending data for the shipment of goods

In order to deliver the goods purchased at auction, the successful bidder undertakes to provide all the instructions and indications necessary for the exact and rapid execution of the shipment.

Export from Italy

For all lots that can be dated before fifty years, export is subject to the regulations of the Italian Ministry of Cultural Heritage and Activities - Export Office. Gigarte cannot provide any guarantee on the issue of the certificate of free circulation nor on the time required for it. The issue of the relative certificates of free circulation is at the customer's charge. Failure to issue or delay in issuing any licence does not constitute a cause for cancellation of the sale, nor it justify late payment by the customer of the total amount due.

Resale right

An additional percentage will be applied to the artworks subject to the resale right as follows: 4% for award price between € 3,000.00 and € 50. 000.00; 3% for award price between euro 50,000.01 and euro 200,000.00; 1% for award price between euro 200,000.01 and euro 350,000.00; 0.5% for award price between euro 350,000.01 and euro 500,000.00; 0.25% for award price higher than euro 500,000.00. The total amount of the compensation cannot be in any case higher than euro 12,500.00.

How to pay

The accepted methods of payment are bank transfer, credit card (Visa, Mastercard and similar) with payments handled through PayPal and cheque. In case of cheque or bank transfer the payment will be considered as solute at the time of verification at our bank of the transfer of the amount due. In case of credit card transaction will be required an additional 3% for service fees.

Payment for the purchased items must be received within and not later than 15 days from the date of the auction. In case of default by the customer, the auction house is authorized to cancel the sale.

All payment details will be communicated to the customer at the time of the lot's awarding.

Gigarte Auction house also reserves the right to take legal action for damages suffered in case of non-payment and / or withdrawal of the Lots awarded at auction.

Privacy

Personal Data Protection

Gigarte, in its relationship with the Customer, declares to be aware that the data that will be processed in the performance of the service provided are personal data relating to individuals and as such subject to the application of the EU Regulation 27 April 2016, n.679 (GDPR) and the national legislation of reference. The Customer, in its capacity as Data Controller, appoints Gigarte as Data Processor pursuant to Article 28 of the aforementioned legislation of personal data through a specific DPA (data processing agreement), which is signed at the same time as the signing of the service contract. Gigarte is authorised to carry out only the processing operations necessary for the performance of the activities defined in the contract, and acknowledges that the purposes of the processing are exclusively those identified by the Data Controller and defined in the contract. Gigarte undertakes to comply in every phase of the processing with the purposes, methods, areas of communication of the Processing itself; it will provide the services in accordance with the provisions of Regulation n.679/2016 by adopting appropriate technical and organisational measures, in order to avoid loss, destruction, unauthorised access, or unauthorised processing of the data itself. The appointment as Data Processor in favour of Gigarte will cease upon termination of the contract. Gigarte reserves the right to update this document, in relation to this paragraph, should changes occur in the reference legislation. Obligations of the Owner. As Data Controller, the Customer undertakes to comply with all the obligations provided for by the Privacy Code. Appointment of Sub Managers. Gigarte reserves the right to entrust third parties with sub-processors, part of the Services provided for in the Contract and at the same time will appoint them as sub-processors in accordance with the provisions of EU Regulation no. 679/2016. Gigarte undertakes to keep the list of sub-processors up to date and to communicate it to the customer, if so requested.

Competent Court

Any dispute relating to the validity, interpretation, execution, termination of the contract of carriage and of the present General Terms and Conditions shall be subject to the exclusive jurisdiction of the Court of PISA, which shall judge according to Italian law. Should any term or condition of this agreement be declared invalid or unenforceable, such determination shall not affect the other provisions of these General Terms and Conditions, which shall remain in force for the remainder.

Technical and force majeure problems

• Suspension or temporary interruption

  In the event of temporary interruptions during the live auction (e.g. technical problems that can be resolved on the same day), Gigarte may temporarily suspend the auction, with all bids registered up to the time of the interruption remaining valid. The auction will resume as soon as possible and Gigarte will inform all participants in good time.

• Final cancellation or rescheduling

  Should an auction be permanently interrupted due to technical problems that cannot be resolved on the same day or due to events of force majeure, all lots that have already been awarded will be considered closed and awarded to the highest bidder. Unallocated lots, including the current lot, will be included in a new auction, which will be scheduled within the next 30 days.

• Reopening of tenders

  Fino alla data della nuova asta, i lotti interessati dall’interruzione saranno nuovamente disponibili per la ricezione delle offerte online. During the new live session, the lots will be auctioned and closed in the usual manner.

• Limitations of liability

  Gigarte cannot be held liable for any damages or losses resulting from technical problems, platform malfunctions, network interruptions or other circumstances beyond its control, including force majeure. Participation in the auctions implies acceptance of these conditions.

Rev1 Regolamento pubblicato in data 12 Gennaio 2025